HomeMy WebLinkAbout12/10/2024 - Work Session - Meeting MaterialsSALT LAKE CITY COUNCIL
AGENDA
WORK SESSION
December 10, 2024 Tuesday 4:00 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
4:00 PM Work Session
Or immediately following the 2:00 PM
Redevelopment Agency Meeting
7:00 pm Formal Meeting
Room 315
(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.
The Website addresses listed on the agenda may not be available after the Council votes on the item. Not all agenda items will
have a webpage for additional information read associated agenda paperwork.
Generated: 09:45:55
Note: Dates not identified in the project timeline are either not applicable or not yet determined. Item start
times and durations are approximate and are subject to change.
Work Session Items
1.Informational: Winter Shelter Plans Update ~ 4:00 p.m.
15 min.
The Council will receive an update from the Administration on the State homeless winter
shelter plans.
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: Jordan River Fairpark District Zoning Map & Text
Amendment Follow-up ~ 4:15 p.m.
20 min.
The Council will receive a follow-up briefing about a proposal that would amend the
City's zoning ordinance by creating a new zoning district known as the Jordan River
Fairpark (JRF) District at approximately 1500 West North Temple and bounded by the
Jordan River, Redwood Road, North Temple, and Interstate 15. The proposal would
rezone approximately 93 acres across 32 parcels into a single zone to support the area's
redevelopment. The project is located within Council District 2. Petitioner: Snell &
Wilmer, representing Larry H. Miller Development.
1.Zoning Map & Text Amendment: The JRF district would allow buildings up to 400
feet tall. No minimum lot size, setbacks, or open space requirements are proposed,
and developments would be exempt from meeting the City's general plans.
2.Development Agreement: The proposed Development Agreement addresses access
to the Jordan River, open space, roads, and infrastructure improvements and
establishes review processes for development applications. Under new state law, an
agreement must be reached by December 31, 2024, for expedited land use reviews
related to a qualified stadium and related uses. If no agreement is made, the JRF
District will not be subject to the City's zoning regulations.
For more information visit https://tinyurl.com/JRFDistrict.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, November 12, 2024; Tuesday, November 19, 2024; Tuesday,
December 3, 2024; and Tuesday, December 10, 2024
Set Public Hearing Date - Tuesday, November 12, 2024
Hold hearing to accept public comment - Tuesday, November 19, 2024 and Tuesday,
December 3, 2024 at 7 p.m.
TENTATIVE Council Action - Tuesday, December 10, 2024
3.Ordinance: Northpoint Light Industrial Zoning Text
Amendment Follow-up ~ 4:35 p.m.
20 min.
The Council will receive a follow-up briefing about a proposal that would amend various
sections of Title 21A of the Salt Lake City Code creating a new section 21A.28.040
Northpoint Light Industrial (M-1A) Zoning District that aligns with the goals, policies
and future land use recommendations established in the Northpoint Small Area Plan.
The proposal would include providing an environment for light industrial, office, and
research uses, while reducing the impact on adjacent agricultural and residential
properties and native habitats. This is a City Council-initiated petition. Other sections of
Title 21A – Zoning may also be amended as part of this petition. This project is within
Council District 1.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, September 3, 2024; Tuesday, October 15, 2024; and Tuesday,
December 10, 2024
Set Public Hearing Date - Tuesday, September 3, 2024
Hold hearing to accept public comment - Tuesday, October 1, 2024 at 7 p.m.
TENTATIVE Council Action - TBD
4.Ordinance: Economic Development Loan Fund - Frontier
Fruit, LLC.~ 4:55 p.m.
5 min.
The Council will receive a briefing about an ordinance that would approve a $350,000
loan for Frontier Fruit, LLC at 1388 South 300 West from the Economic Development
Loan Fund (EDLF). Frontier Fruit, LLC is a taproom offering craft beers and artisanal
spirits. This loan will assist in the creation of 19 new jobs in the next year and the
retention of 11 current jobs.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, December 10, 2024
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, December 10, 2024
5.Ordinance: Budget Amendment No.2 for Fiscal Year 2024-
25 Follow-up ~ 5:00 p.m.
30 min.
The Council will receive a follow-up briefing about Budget Amendment No. 2 for the
Fiscal Year 2024-25 Budget. Budget amendments happen several times each year to
reflect adjustments to the City’s budgets, including proposed project additions and
modifications. The proposed amendment includes creating a new fund dedicated to the
Capital City Downtown Revitalization Zone sales tax, 12 new police officers partially
funded by a Community Oriented Policing Services or COPS program grant from the U.S.
Department of Justice, a donation from the University of Utah related to the construction
of a baseball stadium at Sunnyside Park, and funding for the City’s vehicle fleet among
other projects. The Council will also receive a presentation about the State Transit
Transportation Investment Fund or TTIF and four capital projects receiving TTIF grants,
including a multiuse trail on 400 South to better connect Poplar Grove and Downtown,
among other projects.
For more information visit tinyurl.com/SLCFY25.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, November 19, 2024; Tuesday, December 3, 2024; and Tuesday,
December 10, 2024
Set Public Hearing Date - Tuesday, November 19, 2024
Hold hearing to accept public comment - Tuesday, December 3, 2024 at 7 p.m.
TENTATIVE Council Action - Tuesday, December 10, 2024
6.Informational: Council/Board Leadership Structural Changes
Follow-up ~ 5:30 p.m.
30 min.
The Council will have a follow-up discussion about a proposal to adjust Council/Board
leadership positions.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, December 3, 2024 and Tuesday, December 10, 2024
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, December 10, 2024
7.Board Appointment: Art Design Board – Nate King ~ 6:00 p.m.
5 min.
The Council will interview Nate King prior to considering appointment to the Art Design
Board for a term ending December 10, 2027.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, December 10, 2024
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, December 10, 2024
8.Ordinance: Campaign Finance Amendments Written Briefing
-
The Council will receive a written briefing about a proposal that would amend Chapters
2.46 and 2.68 of the Salt Lake City Code pertaining to campaign finance disclosures and
City elections. The proposal would remove the political action committee and political
interest committee reporting components and other housekeeping items, including
definitions, removal of specific contribution limits mentioned in the code, and
declaration clarifications, among other housekeeping corrections.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, December 10, 2024
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, January 7, 2025
Standing Items
9.Report of the Chair and Vice Chair -
-
Report of Chair and Vice Chair.
10.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 scheduling items.
11.Tentative 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, December 5, 2024, 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@slc.gov, 801-535-7600, or relay service
711.
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
Ite
TO:City Council Members
FROM: Nick Tarbet
Policy Analyst
DATE:December 10, 2024 – 6:00 pm
RE: MOTION SHEET – Jordan River Fairpark District Rezone & Text Amendment
and Development Agreement
Petition No PLNPCM2024-00982
MOTION 1
I move the Council adopt an ordinance establishing the Jordan River Fairpark zoning District and
rezone 93 acres at approximately 1500 W North Temple to the JRF zoning district.
I further move that the Council request that the administration enter into a development agreement
with the applicant, as outlined in Attachment A of this agenda item.
I further move that the Council request an annual audit/review of the project area that can be posted
on the city website, outlining the cost of city services provided to UFAIR District and revenue in
property and sales tax diverted to the district so the public can be made aware of how those funds are
being used.
See next page for more motions.
MOTION 2
I move that the Council reject the ordinance.
MOTION 3
I move that the Council table the item to a future council meeting.
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Recording Requested By and
When Recorded Return to:
Salt Lake City Corporation
Attn:
451 South State Street
Salt Lake City, UT 84111
Parcel Nos.
MASTER DEVELOPMENT AGREEMENT
Power District
This Master Development Agreement (this “Agreement”) is made and entered into and
made effective as of the date this Agreement is recorded by the City Recorder (“Effective Date”)
by and between SALT LAKE CITY CORPORATION, a Utah municipal corporation (“City”),
and LHM DEV E, LLC, a Utah limited liability company (“Master Developer” or “Developer”).
City and Master Developer may from time to time be referred to herein each as a “Party” or
collectively as the “Parties.” Each “Owner” of land within the “Property” [each defined below]
consents to the execution of this Agreement as stated below.
RECITALS
A. Master Developer is the developer of approximately 93.4 acres of lands located in
Salt Lake County, Utah1, which are more particularly described on the attached Exhibit A (the
“Property”) and is the holder of ownership interests in the Property. The Property is located within
an area of Salt Lake City known as the Power District.
B. The Property is presently zoned M-1, TSA-MUES-T, TSA-MUEC-C, TSA-SP-C,
TSA- UC-C, and TSA-UN-T and is currently used for a mix of underutilized or abandoned uses.
C. Master Developer is engaged in planning a large-scale planned redevelopment on
the Property that may include office, retail, civic, and residential uses, and a stadium (“Stadium”)
for professional sports teams including professional major league baseball (“MLB”) team;
provided, however, nothing in this Agreement shall preclude the development of additional
professional sports stadiums within the Project.
D. Master Developer, the City, and the State of Utah have invested heavily in the
planned redevelopment of the Property.
E. In 2024, the State of Utah approved the Utah Fairpark Area Investment and
Restoration District Act (“UFAIR Act”) to provide economic and other benefits necessary to
facilitate the redevelopment of the Property along with adjacent, publicly owned land.
1 NTD: Ownership of land to be confirmed at the time this DA is executed.
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F. The UFAIR Act created the Utah Fairpark Investment and Restoration District
(“UFAIR District”), that is responsible for encouraging and facilitating development within the
UFAIR District and for other purposes as described in Utah Code § 11-70-201(3).
G. The Property is located within the UFAIR District boundary, as defined in Utah
Code § 11-70-101(12), and Master Developer is under contract to purchase the majority of the
Property from an Owner and is the qualified owner, as defined in Utah Code § 11-70-101(30), as
is acknowledged by each Owner, and therefore properly holds the rights and responsibilities of the
qualified owner.
H. Concurrently with the approval of this Agreement, the City intends to enact an
ordinance that amends the City’s zoning ordinance to create the Jordan River Fairpark Zone (the
“JRF Zone”) and adopt a zoning map amendment that applies the JRF Zone to the Property
(collectively, the “Rezone Ordinance”).
I. The City Council (defined below), acting pursuant to its authority under Utah Code
§ 11-70-206(3)(b) and 10-9a-102(2) et seq., as amended, and the City Code (defined below), and
in furtherance of its land use policies, goals, objectives, ordinances, resolutions, and regulations,
has elected to enter into this Agreement, after obtaining and considering input from the planning
commission to both the terms set forth in this Agreement and the content of the JRF Zone. The
City Council authorizes the mayor of the City to execute and deliver this Agreement on behalf of
the City.
J. By this Agreement, City and Master Developer confirm the Property’s vested
entitlements for development of the Project (defined below). The City has determined that entering
into this Agreement furthers the purposes of the Utah Municipal Land Use, Development, and
Management Act, the UFAIR Act, and the City’s land use ordinances. As a result of such
determination, the City has elected to move forward with the approvals necessary to approve the
development of the Project (defined below) in accordance with the terms and provisions of this
Agreement.
K. By this Agreement, City and Master Developer acknowledge and agree to support
recruiting an MLB team to the Project and that the residents are manifesting their support for the
Project and recruiting an MLB team through this Agreement. The Parties acknowledge and agree
that recruiting and retaining an MLB team to play home games at the Stadium is a material and
essential reason the Parties executing this Agreement.
L. This Agreement satisfies the requirement that the qualified owner (as defined in the
UFAIR Act) and the City enter into an agreement that consistent with the requirements of Utah
Code § 11-70-206(3)(b)(ii).
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Parties hereby agree as follows:
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ARTICLE I
DEFINITIONS
1.1 Definitions.
1.1.1 “City Code” means the City Code of Salt Lake City in effect as of the
Effective Date.
1.1.2 “City’s Current Laws” means the laws, ordinances, policies, standards, and
procedures of the City related to zoning, subdivisions, land use, and other similar or related matters
pursuant to the Utah Municipal Land Use, Development, and Management Act that were in effect
as of the Effective Date.
1.1.3 “City’s Future Laws” means the laws, ordinances, policies, standards, and
procedures of the City related to zoning, subdivisions, land use, and other similar or related matters
pursuant to the Utah Municipal Land Use, Development, and Management Act implemented by
the City which may be in effect in the future at any time when a Development Application is
submitted and which may or may not apply to such Development Application as provided in
Section 2.5 below.
1.1.4 “Complete application” shall mean an application submitted in accordance
with a checklist or summary of requirements for each Development Application, prepared and
provided by City and made available to Master Developer or any Owner.
1.1.5 “Development Application” means a complete application to City for
development of a portion of the Property for development.
1.1.6 “Flex Space” means a use wholly contained within an enclosed building
where both (i) a retail or office use at the front of the structure for employees or public and (ii)
space for assembly, processing of goods and materials, or fabrication use, occurs. Activities
occurring within a flex space do not ordinarily create noise, fumes, odors, glare, or health or safety
hazards outside of the building.
1.1.7 “Force Majeure” means, provided proper notice is given in conformance
with Section 10.15, any actual prevention, delay, or stoppage of the performance of any obligation
under this Agreement that is due to: acts of nature; enemy or hostile government actions; wars;
civil commotions; fires or other casualties; epidemic, pandemic and/or quarantine; or other causes
beyond the reasonable control of the Party obligated to perform hereunder.
1.1.8 “Master Developer” means LHM DEV E, LLC, a Utah limited liability
company, or its successors and assigns.
1.1.9 “Offsite Improvements” shall have the meaning given in Section 3.2
below.“
1.1.10 Outsourc[e][ed][ing] means the process of the City contracting with
consultant or paying overtime to City employees to provide technical support in the review and
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1.1.10 approval of the various aspects of building code, fire code and structural
reviews (“Technical Reviews”), as is more fully set out in this Agreement.
1.1.11 “Owner” means a fee owner of land within the Project who has entered into
an agreement with Master Developer or is an affiliate of Master Developer.
1.1.12 “Project” means the large-scale redevelopment project on the Property and
upon additional land within the UFAIR District boundary, as may be expanded or adjusted
pursuant to the UFAIR Act.
1.1.13 “Property” means the real property described on Exhibit A.
1.1.14 “System Improvements” means improvements included in City’s impact fee
facility plan now or in the future and are located within or facilitate development of the Property
and other properties.
1.1.15 “Temporary Parking Lot” means using any of the existing areas, including
lay down areas and parking areas, within the Project for temporary parking, which may be
enhanced or changed with temporary surfaces of dirt, or gravel, and which may be used
notwithstanding the construction of a new principal use that the existing parking area serves, for
up to fifteen years per area.
1.1.16 “Temporary Outdoor Storage” means the use of an area within the Project
for either or both of (i) temporary outdoor storage associated with construction activities related
to the Project, or (ii) the location and storage of electric utility materials by Rocky Mountain Power
in connection with its relocation from the Property to a new storage location outside of the Project.
1.1.17 “Transfer Acknowledgment” means an acknowledgment in the form
attached hereto as Exhibit B.
1.1.18 “Transfer Deed” has the meaning set forth in Section 9.2.
ARTICLE II
CITY APPROVALS AND VESTING
2.1 City Approval. City enters into this Agreement after taking all necessary actions
to enter into the agreements and understandings set forth herein. City’s enactment of the resolution
approving this Agreement, and entering into this Agreement, are legislative acts allowed and
authorized by Utah Code § 10-9a-101, et seq., and Utah Code § 11-70-206. City has adopted the
JRF Zone by ordinance constituting a legislative act authorized by Utah Code § 10-9a-101, et seq.
2.2 Project Vesting. To the maximum extent permissible under state and federal law,
and at equity, City and Master Developer agree that this Agreement confirms that Master
Developer is vested with all rights to develop the Property in accordance with City’s Current Laws,
including the provisions of the JRF Zone, without modification or change by the City except as
specifically provided herein. By way of further clarification, Master Developer is vested with the
right to develop and locate on the Property the uses and densities identified in the JRF Zone, as
well as Flex Space, and to develop in accordance with dimensional requirements as allowed by
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1.2 City’s Current Laws. The Parties intend that the rights granted to Master Developer
hereunder are contractual vested rights and include the rights that exist as of the Effective Date
under statute, common law and at equity. The Parties acknowledge and agree that this Agreement
provides significant and valuable rights, benefits, and interests in favor of Master Developer and
the Property, including, but not limited to, certain vested rights, development rights, permitted and
conditional uses, as well as flexible timing, sequencing, and phasing rights to facilitate the
development of the Property.
1.2 Rescission Option. To the extent Master Developer has executed this Agreement
in advance of City approval of the Rezone Ordinance, and if the Rezone Ordinance is not enacted
in a form reasonably satisfactory to Master Developer, then Master Developer may deliver notice
of rescission to City to terminate this Agreement. Upon Master Developer’s delivery of notice of
rescission pursuant to this Section, this Agreement shall automatically terminate whereupon the
Parties shall have no further rights or obligations under this Agreement.
1.3 Invalidity. If any of the City’s Current Laws are declared to be unlawful,
unconstitutional or otherwise unenforceable then Master Developer and City will, nonetheless
comply with the terms of this Agreement to the extent not precluded by law, and to the extent not
otherwise terminated hereunder in accordance with the terms of this Agreement. In such an event
of a determination of invalidity as to any of the City’s Current Laws, Master Developer and City
shall cooperate to have City adopt a new enactment which is materially similar to any such stricken
provisions and which implements the intent of the Parties under this Agreement.
1.4 City’s Future Laws. City’s Future Laws with respect to development or use of the
Property shall not apply except as follows:
2.5.1 City’s Future Laws that Master Developer agrees in writing to the
application thereof to said portion of the Property;
1.4.11 City’s Future Laws which are generally applicable to all properties in the
City’s jurisdiction and which are required to comply with state and federal laws and regulations
affecting the Property;
1.4.12 City’s Future Laws that are updates or amendments the state construction
codes currently codified in Title 15A-2-102 of the Utah Code and are required to meet legitimate
concerns related to public health, safety or welfare;
1.4.13 City’s Future Laws that are environmental standards based on the City’s
obligations to comply with federal or state environmental laws;
1.4.14 Changes to the amounts of fees (but not changes to the times provided in
the City’s Current Laws for the imposition or collection of such fees) for the processing of
Development Applications that are generally applicable to all development within City’s
jurisdiction (or a portion of the City as specified in the lawfully adopted fee schedule) and which
are lawfully adopted pursuant to State law.
1.4.15 Impact fees or modifications thereto which are lawfully adopted, imposed
and collected.
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1.3 Applications Under City’s Future Laws. Without waiving any rights granted or
benefits imparted by this Agreement, Master Developer may at any time, choose to submit a
Development Application for some or all of the Property under the City’s Future Laws applicable
to the Property in effect at the time of the Development Application. Any Development
Application expressly identified and filed for consideration under the City’s Future Laws shall be
governed by the City’s Future Laws related to the Development Application. The election by
Master Developer at any time to submit a Development Application under the City’s Future Laws
shall not be construed to prevent or limit Master Developer from submitting other Development
Applications under the City’s Current Laws.
1.4 Change in Law/Non-Conforming Uses. For the term of this Agreement, City agrees
that any City’s Future Law shall not apply to the Property where the application of the City’s
Future Law would impair or impede development, or eliminate or reclassify a use allowed under
the JRF Zone, or under laws in effect prior to adoption of the JRF Zone. To the extent any change
in law causes a use, structure or parcel to become non-conforming, such non-conforming status
shall not impair, impede or prohibit the development of previously approved uses, reconstruction
or restoration of developed uses, or the extension of such uses on parcels or lots within the
Property.
1.5 Term. Subject to Subsections 2.3, 2.9, and 10.14, the initial term of this Agreement
shall continue for forty (40) years beginning on the Effective Date. The initial term of this
Agreement may be extended by written agreement of City and Master Developer. Upon
termination of this Agreement pursuant to Sections 2.3, 2.9 or 10.14 or upon expiration of this
Agreement, Master Developer’s and any Owner’s rights under this Agreement shall terminate. At
the expiration of the initial term, or any extended term, the Property shall be subject to all of the
City’s Future Laws governing the use of land, including legal non conforming uses, except to the
extent then-existing uses of the Property have vested pursuant to the common law or the terms of
the JRF Zone in accordance with Utah Code Section 10-9a-509.
2.6 Early Termination Right. Master Developer may terminate this Agreement early
as follows:
2.6.1 During the first ten (10) years of this Agreement, Master Developer may
elect to terminate this Agreement as to all or part of the Property by sending notice to the City, if
the City, or City’s agency or affiliate, pays an incentive or subsidy, offers tax increment, or
exempts a use from a fee or obligation where such use is intended as a stadium to be used for MLB
games anywhere other than in lands within the Project. In addition, Master Developer will have
two options to renew such early termination right under this subsection, each for an additional five
(5) years (each a “Renewal Option). To exercise a Renewal Option, on the ten (10) year and fifteen
(15) year anniversaries of this Agreement, representatives of the City and Master Developer shall
meet to discuss the status of Master Developer’s negotiations to receive a commitment from an
MLB team to use the Stadium as the team’s home stadium (“MLB Team Commitment”). In the
event that Master Developer needs more time for an MLB Team Commitment, Master Developer
may exercise up to two Renewal Options and the Parties agree to extend the early termination right
under this Section 2.9.1 for an additional five (5) years each, not to extend beyond twenty (20)
years from the Effective Date of this Agreement (“Incentive Deadline”).
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1.5 Development of Property. The development of the Property shall be in accordance
with City’s Current Laws, City’s Future Laws (to the extent that they apply as allowed by this
Agreement) and this Agreement. To the extent there is a conflict between the City’s Current Laws,
City’s Future Laws, and this Agreement, the hierarchy of priority, from highest priority to lowest
priority is as follows: (i) this Agreement; (ii) the City’s Current Laws; and (iii) the City’s Future
Laws. Nothing in this Agreement shall obligate Master Developer (or its successors) to develop
the Property or to develop in any particular order or phase and that Master Developer reserves all
discretion to determine whether to develop a particular portion or phase of the Property based upon
Master Developer’s business judgment. The Property may be developed for all uses allowed by
the JRF Zone and this Agreement. In the event that a requirement to develop the Property is
lawfully imposed by the UFAIR District or the UFAIR Act which is in conflict with this
Agreement or the City’s Current Laws or City’s Future Laws, the City and Master Developer shall
endeavor to renegotiate this Agreement to comply with the new requirements under the UFAIR
Act or imposed by the UFAIR District.
1.6 Open Space Dedications. Developer shall dedicate to the City, UFAIR District, an
owner association, or a public infrastructure district open space in accordance with the quantity
requirements of the JRF Zone, under the City’s Current Laws. The open space dedications shall
allow public access and may facilitate pedestrian circulation. As set forth in a public access
easement to be executed by the parties thereto, the open space required by the JRF Zone and this
section must be open to the public and free of charge, subject to established and posted hours and
reasonable rules pertaining to use of the open space. The public shall have reasonable pedestrian
and continuing access to the Jordan River at one or more access points within the Project.
Consistent with the Master Developer’s and City’s shared objective of ensuring the Project’s open
spaces areas created to satisfy the obligation under this section and the JRF Zone are inclusive for
everyone, the rules for use of open space will include, at a minimum, a nondiscrimination statement
that there will be no discrimination based on characteristics protected by law, including race, sex,
gender identification, sexual orientation, national origin, native language, religion, age, disability,
marital status, citizenship, genetic information, pregnancy, or other protected characteristics.
1.7 Home Game Covenant. It is a material term of this agreement that Master
Developer agrees to utilize all commercially reasonable efforts to receive a commitment from an
MLB team to use the Stadium as the team’s home stadium. In addition, once an MLB team is
located to the Stadium and for the remainder of the Term, Master Developer and its affiliates,
including the entity(ies) that owns the MLB team agree: (1) it will maintain the MLB team
in good standing in accordance with its league, including by not volunteering for a contraction of
the team within its league, and by defending the team’s right to play as a franchise in its respective
league; and (2) it will ensure that the MLB team will play all regular season, and playoff season
home games at the Stadium; and (3) it will not seek to relocate or cause the relocation, through
legislative initiative sought by or supported by Master Developer or other direct action, of Master
Developer (“Home Game Covenant”). Notwithstanding the foregoing, the Home Game Covenant
shall not apply to the following “home games:” international games pursuant to a league-wide
program, initiative or series; or “home games” played at other venues as intermittently required or
permitted by the league, including exhibition games, and as reflected in the league’s official
schedule.
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1.8 Recitals and Exhibits. The above recitals and all exhibits hereto are hereby
incorporated by reference into this Agreement and acknowledged by each Owner.
1.9 Separate Development Agreements. Master Developer may elect to propose
separate agreements with City to govern the construction or development of a particular phase or
portion of phase within the Property, including administrative development agreements.
ARTICLE III
ROADS AND UTILITIES
3.1 Roads.
3.1.1 Road Ownership. Master Developer shall be responsible for constructing,
or causing to be constructed, the roadways within the Project necessary for a particular Project
Phase. Master Developer shall identify on future subdivision plats for the Property whether
individual roadways will be privately owned or dedicated to the City or other governmental entity.
If a roadway is dedicated to the City, the Parties may execute, or cause to be executed, a dedication
agreement to facilitate the operation of the roadway to accommodate the uses and provisions
intended for the Project.
3.1.2 Road Widths. The Parties agree that Master Developer might request
flexibility in designing road rights of way based on traffic studies to be commissioned by Master
Developer and Master Developer shall be allowed to provide alternative transportation uses (i.e.
bicycles and pedestrian lanes and paths) outside of the road right of way to create Project-wide
transportation systems, provided, however, that Master Developer will provide the City with an
overall transportation plan for the Project to ensure adequate access for pedestrians, bicycles, and
automobiles throughout the Project, and will, at a minimum, provide pedestrian sidewalks adjacent
to all road rights of way, unless otherwise agreed in writing. The Planning Director shall be the
land use authority for the City public road widths and connection points proposed by Master
Developer for City public roads within the Project and will apply the City’s Street and Intersection
Typologies Design Guide in the review of any City public roads within the Project. The City will
not apply these or any other standards not imposed by a state adopted fire code to private and other
roads not dedicated to the City and the Planning Director shall be the land use authority for any
other roads within the Project.
3.1.3 Blocks. Any provisions of City Code governing the configuration of city
blocks or parcels within a subdivision plat, including the provisions of Section 20.26.080 of the
City Code, do not apply to the Project.
3.2 Culinary Water Improvements. Master Developer shall be responsible for
constructing and installing the requisite water distribution lines and similar distribution
improvements within the Property necessary for City to provide culinary water service to a
particular phase of the Project, and capacity created by water improvements built for this Project,
and not paid for by City or its rate payers, shall be reserved for the Project and may be confirmed
in a dedication agreement executed by the Parties. Notwithstanding the foregoing, (1) any
allocation of capacity in water distribution lines and similar improvements will not create a right
in Master Developer to any water rights; and (2) any allocation of such excess capacity that is not
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1.10 being used by the Project, for the water distribution lines and similar improvements
will expire in on the twentieth (20th) anniversary of the Effective Date, and such excess capacity
will become part of the City's typical water distribution capacity unless otherwise agreed to in a
future writing between the Parties.. Except to the extent agreed to in a future reimbursement or
similar agreement, Master Developer shall not be required to install transmission, service, or
distribution lines (or other significant infrastructure improvements) providing capacity for areas
outside of the Property. Master Developer shall ensure that no single use on a parcel or lot within
the Project will violate the two hundred thousand (200,000) gallon potable water per day limit as
a daily average, over less than a year threshold, as set forth in City Code § 17.16.010.C.3.
1.6 Sanitary Sewer Improvements. Master Developer shall be responsible for
constructing and installing the requisite sewer distribution lines and similar improvements within
the Property necessary for City to provide sewer service to a particular phase of the Project, and
capacity created by sewer improvements built for this Project, and not paid for by City or its rate
payers, shall be reserved for the Project and may be confirmed in a dedication agreement executed
by the Parties. Notwithstanding the foregoing, any allocation of such excess capacity that is not
being used by the Project, for the sewer distribution lines and similar improvements will expire in
on the twentieth (20th) anniversary of the Effective Date, and such excess capacity will become
part of the City's typical sewer distribution capacity unless otherwise agreed to in a future writing
between the Parties. Except to the extent agreed to in a future reimbursement or similar agreement,
Master Developer shall not be required to install transmission, service or distribution lines (or other
significant infrastructure improvements) providing capacity for areas outside of the Property.
Master Developer and City may agree to have Master Developer construct sewer improvements
outside of the Project for the benefit of the Project.
1.7 Storm Water Improvements. Master Developer shall manage storm water flows
within the Property consistent with the Power District Master Planning Hydrology and Hydraulics
Report dated November 26, 2024, prepared by Horrocks Engineering and attached as Exhibit E.
City agrees to work with Master Developer to approve storm water systems as a Project-wide
storm water management plan. City shall not require Master Developer to design or construct new
detention or retention facilities to address storm water flows originating from outside the Property,
provided, however Master Developer shall install or keep in place conveyance facilities for
existing offsite storm water flows existing as of the date of this Agreement. Storm water
improvements within the Property shall include the features required by state or federal law to
protect water quality.
1.8 Utility Infrastructure/ City Services. As Master Developer develops each phase of
the Project the City shall endeavor to expedite the review of utility plans to service each such phase
of the Project so that development may proceed in an efficient manner. City covenants to comply
with the requirement in Utah Code Ann. § 11-70-206(6)(a) to provide municipal services to the
Property within the UFAIR District boundaries as required therein.
1.9 Installation of Public Improvements. All improvements to be publicly dedicated
and all connections to the City’s existing infrastructure shall be constructed in compliance with
City’s Current Laws and this Agreement. Subject to compliance with all applicable laws, Master
Developer may utilize public infrastructure and improvement districts, or other similar
governmental and quasi-governmental entities to construct the Project’s infrastructure and
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1.11 improvements, and if such governmental or quasi-governmental entity constructs,
maintains, and owns the Project’s infrastructure, then the City shall not require that Master
Developer provide financial assurances for the applicable improvements.
1.10 City Cooperation. City agrees to cooperate in making available public rights of
way for use by utility and service providers within the Property to the extent that such utility and
service providers comply with all applicable laws and regulations.
1.11 Jordan River Access. City is the grantee of an easement created by that certain
Public Recreation Easement Agreement, recorded July 17, 2015, as Entry No. 12094108 with the
Salt Lake County Recorder (“Access Easement Agreement”) and said Access Easement
Agreement provides for a public trail and access over a portion of the Property to the Jordan River
area for recreational uses. Subject to a mutually acceptable exchange of property or other good
and valuable consideration, the City agrees to consent to the termination of this Access Easement
Agreement in connection with executing a future agreement memorializing said exchange. In the
event that no mutually acceptable exchange can be reached, the property subject to the Access
Easement Agreement cannot be counted towards the open space requirement set forth in the JRF
Zone. No term of this Agreement is intended to modify a term in the Access Easement Agreement.
ARTICLE IV
DEVELOPMENT PROCESSES
4.1 Planning Coordination and Approval. All subdivision plats and other Development
Applications requiring planning approval for the Project will be approved by the City’s staff acting
as the “land use authority” as that term is defined in Utah Code § 10-9a-103(31), unless a
Development Application requires a (i) design review process under Section 21A.32.140(D) or (ii)
an approval under Subsection 4.5 below, in which case the land use authority will be the planning
commission under the City’s Current Laws, unless otherwise agreed by the Parties. The City shall
process all such Development Applications, including non-residential applications, consistent with
the timing requirements described in Utah Code §§ 10-9a-604.1 and 10-9a-604.2. This section’s
requirements that the City’s staff is the land use authority shall not apply to subdivision
amendments that involve closing/vacating public streets or other amendments that require City
Council approval under Current City Laws.
4.2 Subdivision Review. The City shall expedite the approval of all subdivision
applications and take action thereon within fourteen (14) business days of receiving a complete
application. If revisions or supplements are required by the City, then the City shall take action
thereon within five (5) business days of receiving any revisions thereto for a change not previously
required by a prior comment or redline. The City’s subdivision review and approval shall be
conducted by the zoning administrator acting as the land use authority. No subdivision plat shall
expire unless the City first provides written notice and an opportunity to extend the approval of
any approved plan or plat, but in no event shall a proposed subdivision plat approval extend beyond
two years.
4.3 Design Review. The City’s design review requirements set forth in Section 21A.37
of the City Code do not apply to the Project, except as may be expressly required by Section
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1.12 21A.37.060.F3 of the City Code. The design standards in Section 21A.37.060.F
[Design Standards] of the City Code only apply to the face of a proposed building that fronts the
City public roadways. All buildings within the Project that do not front a City public road are
exempt from all design standards enforced or enacted by the City unless the proposed building is
to exceed two hundred (200) feet in height in which case the process and standards described in
Section 21A.37.060.D(3) of the City Code apply, but not the provisions of Section 21A.37.060.F
unless the building fronts a City public street and will exceed 200 feet. Regardless of height or
location the criteria described in Section 21A.37.060.D(3)(b)(ii) do not apply to the Project.
Master Developer shall provide periodic updates to City on the private design standards Master
Developer is implementing in the Project. Master Developer may cause buildings to be exempt
from the fifteen (15) foot maximum setback in Section 21A.32.140.C(1) for up to ten (10) percent
by road frontage distance of any parcel or lot to accommodate building articulation, building
function, or other design elements as determined by Master Developer. A gas station is allowed
in parcels or lots on Redwood Road, subject to complying with the City’s gas station regulations
that are being considered by adoption by the City Council and are intended to be adopted in the
first half of 2025.4
1.12 Development Applications. Consistent with the directive of Utah Code § 11-70-
206(3)(b)(ii)(A), the City shall expedite the review process for other Development Applications
for the Project, including land use applications for each use. Technical Reviews may be subject to
Outsourcing in accordance with subsection 4.6 below.
1.13 Conditional Use Permits. City agrees that any conditional use permits shall be
approved in accordance with state law and City’s Current Laws. City agrees further that no land
use authority may impose conditions on a conditional use permit which relate to criteria or
detrimental impacts not expressly stated in City’s Current Laws. No conditional use permit
application shall be the subject to more than one public hearing without the express written consent
of the applicant for such permit.
1.14 Outsourcing. Master Developer may request that the City Outsource the review of
Technical Reviews to ensure that it is processed on a timely basis. If Master Developer requests
that a Technical Review is Outsourced, then instead of the City’s standard plan review fee
Developer shall pay the actual hourly review cost incurred by the City for such services. Upon
completion of the Outsourcing services and the provision by the City of an invoice (with such
reasonable supporting documentation as may be provided by the third party reviewer) Developer
shall, within ten (10) business days pay such invoice. No permit associated with such Outsourcing
shall be issued until such invoice shall be paid in full.
1.15 Processing. In order to ensure that the Development Applications involving a
planning approval or consent are promptly reviewed and processed, City will use reasonable
efforts to designate one or more staff member(s) within the City’s planning department as principal
liaisons/specialists on the Development Applications. Within 30 days of the Effective Date Master
Developer shall designate one or more staff member(s) as a principal liaison on the Project, and
4 NTD: We’d like to be involved in the process as an interested party.
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shall from time to time, upon reasonable request of the City Council, make reports in person to the
City Council at regularly scheduled meeting(s) on the progress of the Project.
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1.13 Acceptance of Certifications Required for Construction Documents. Any
construction documents submitted in connection with a building permit application requiring the
signature, endorsement, or certification and/or stamping by a person holding a license or
professional certification required by the state of Utah in a particular discipline shall be so signed,
endorsed, certified or stamped signifying that the contents of such construction documents comply
with the applicable regulatory standards of the particular discipline and the State of Utah. Subject
to the requirements of state adopted construction codes, construction documents with the foregoing
signature, endorsement, certification or stamp shall be deemed to meet the specific standards of
the particular discipline and the State of Utah which are the subject of the opinion or certification.
It is not the intent of this section to preclude the normal process of City’s “redlining”, commenting
on or suggesting alternatives to the proposed designs or specifications in the construction
documents or to require corrections to comply with applicable City ordinances.
1.14 City Denial of a Development Application. If City denies a Development
Application or any permit or determination resulting from Technical Review, then City shall
provide a written determination advising the applicant of the reasons for denial including
specifying the reasons City believes that the Development Application or permit is not consistent
with this Agreement. In the event of a denial, City shall notify Master Developer even if Master
Developer is not the applicant. The following provisions shall apply to any such denial:
1.14.10 Meet and Confer regarding Development Application Denials. City
and applicant shall, within fifteen (15) days of any denial, discuss possible methods of resolving
the issues specified in the denial of a Development Application or permit. These discussions will
not stay any appeal deadlines, and any party seeking to appeal should file a formal appeal with the
City in order to preserve jurisdiction. The Parties may agree to stay the time for a formal appeal
hearing on the denial.
1.14.11 City Denials of Development Applications Based on Denials from
Non-City Agencies. If City’s denial of a Development Application is based on the denial of the
Development Application by a non-City agency, applicant shall appeal any such denial through
the appropriate procedures for such a decision. For purposes of this subsection, all agencies or
districts controlled by the City shall be considered part of the City and shall not be considered a
non-City agency.
1.15 Mediation of Development Application Denials.
1.15.10 Issues Subject to Mediation. Issues resulting from the City’s denial
of a Development Application or permit may, upon the concurrence of both Parties, be mediated.
1.15.11 Mediation Process. If City and applicant mutually agree to
mediation, the Parties shall attempt within ten (10) business days to appoint a mutually acceptable
mediator with knowledge of the issue in dispute. If the Parties are unable to agree on a single
acceptable mediator they shall each, within ten (10) business days, appoint their own
representative. These two representatives shall, between them, choose the single mediator.
Applicant shall pay the fees of the chosen mediator. The chosen mediator shall within fifteen (15)
business days, review the positions of the Parties regarding the mediation issue and promptly
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attempt to mediate the issue between the Parties. If the Parties are unable to reach agreement, the
mediator shall notify the
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1.15.12 Parties in writing of the resolution that the mediator deems appropriate. The
mediator’s opinion shall not be binding on the Parties.
ARTICLE V
DEVELOPMENT AND USE STANDARDS
5.1 Building Height. No building within the Project shall exceed the building height
limitations established by the JRF Zone. Notwithstanding Table 21A.36.020C of the City Code,
but subject to Subsection 21A.32.140.D.3.c and d, Master Developer may install flagpoles and
light poles at the Stadium up to the maximum building height permitted within the JRF Zone.
5.2 FAA Requirements. The provisions of Section 21A.34.040 do not apply to the
Project, provided, however, Developer shall comply with all applicable Federal Aviation
Administration (FAA) requirements, including submitting to the FAA proposed development
details within the Project for structures intended to be taller than the height calculated in
accordance with 14 CFR Part 77 (calculated to be approximately 63’ feet at the western most point
of the Project). The Project shall eliminate or mitigate any adverse impacts as identified by the
FAA in accordance with applicable standards. Nothing in this Agreement creates an avigation
easement as that term is used and defined in Utah Code Ann.§§ 72-10-401, et seq..
5.3 Riparian Corridor Consultation. The City and Master Developer agree that the
provisions of Section 21A.34.130, and any riparian overlay district or regulations, do not apply to
the Project; provided however, that the Fairpark – Jordan River Riparian and Lowland
Conservancy District Enhanced Table of Uses attached hereto as Exhibit C (“Enhanced Table of
Uses”) shall apply to any development of the project within one hundred (100) feet of the ordinary
high water mark of Jordan River. The City department of public utilities shall consider the access
of disabled individuals to the Jordan River in applying the Enhanced Table of Uses to the above
described area. In addition, development within the Project shall comply with all federal and state
law concerning development in or near the Jordan River. At least sixty (60) days prior to
submitting a Development Application to the City to construct any structures, conduct any grading,
or modify the banks of the Jordan River in any way within one hundred (100) feet of the ordinary
high water mark of the Jordan River, Master Developer shall notify and consult with the City’s
department of public utilities to review the proposed improvements and ensure that such
improvements comply with the Enhanced Table of Uses. The consultation requirement of this
section shall include the requirement for a meeting, within fourteen (14) days of notice, with the
City’s public utilities department to review the plans and proposals submitted with the
aforementioned notice. Notwithstanding the foregoing, the Parties agree that the mutual goal of
developing the Project is to activate the Jordan River as a safe, family-friendly, and lively gathering
area. Thus, in the event that the City’s department of public utilities concludes that Master
Developer’s proposed improvements within one hundred (100) feet of the ordinary high water
mark do not comply with the Enhanced Table of Uses, Master Developer may submit a written
request for an exception based on the criteria that the proposed activities will not materially impair
the water quality of the Jordan River. A request for an exception shall include any renderings or
plans for activating that portion of the Jordan River, and the proposed impacts and mitigation of
impacts on the Jordan River. The City’s department of public utilities will evaluate such exception
request within fifteen (15) days of receipt and if the impacts to the Jordan River can be mitigated
in a way consistent with state and federal water quality law, shall approve the exception subject to
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1.16 mitigation conditions to protect the health of the waterway under such state and
federal water quality requirements. If the City, acting through the City’s department of public
utilities, (i) denies an exception request, (ii) indicates that it intends to deny or does deny a
proposed use or activity, or (iii) approves a use or activity with condition(s) Master Developer
believes are not consistent with protecting the Jordan River under state and federal law, Master
Developer may deliver a notice of dispute (“Riparian Dispute”) which notice will identify the
requested action and Master Developer’s understanding of the City’s department of public utilities’
objection to the proposed use or activity. A Riparian Dispute shall be resolved by binding
arbitration in accordance with Section 9.2 hereunder.
1.16 Parking/Outdoor Storage.
1.16.11 Parking Stall Requirements. Notwithstanding the parking
requirements identified in Table 21A.44.040-A of the City Code, there are no minimum or
maximum parking requirements for the uses allowed within the JRF Zone. Master Developer shall
provide electric vehicle parking within the Project, but the requirements of City Code §
21A.44.040.C do not apply to the Project.
1.16.12 Temporary Parking Lots and Outdoor Storage. Notwithstanding
anything in the City’s Current Laws to the contrary, Master Developer may maintain the
Temporary Parking Lots within the Project for not more than fifteen years, provided that no
Temporary Parking Lots shall be located between a building and any City public street, nothing in
the foregoing restriction shall prevent or prohibit (i) the location and continuation of surface
parking facilities, without requiring landscaping or overhead lighting, for the anticipated Rocky
Mountain Power office use to be located as generally depicted on the attached Exhibit G or (ii) a
service station on Redwood Road. The City shall not require Master Developer to landscape nor
provide overhead lighting for a Temporary Parking Lot. Notwithstanding the foregoing, no later
than December 31, 2039 all parking lots on the Property shall be surfaced, landscaped, and lit in
accordance with the City’s Current Laws. Further, Master Developer may maintain Temporary
Outdoor Storage in the Project.
1.17 Fencing. The provisions of Section 21A.40.120 do not apply to the Project, except
for within yards adjacent to a City public street, provided that any fencing for the Stadium shall be
setback at least 15 feet from any City public street and at least 75 feet from the Jordan River.
Subject to the foregoing, Master Developer may install fencing throughout the Project as needed.
1.18 General Plan. Notwithstanding anything in the City’s Current Laws to the contrary,
the provisions of the City’s master plan and general plan described in Section 21A.02 of the City
Code do not apply to the Project. In reviewing site plans, conditional uses, and all other
Development Application, the City shall not review said application for conformity with the
objectives and policies of the City’s land use master plan(s) and general plan, but nothing in this
subsection shall exempt the Project from coordinating with and complying with master plans for
the provision of utilities and services in the City.
1.19 Coordination Covenants. Each Party covenants as follows:
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1.19.11 Public Safety. To coordinate with public safety providers, including
state public safety providers, to safeguard users and residents within the district.
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1.16.10 Transit. To facilitate and support improvements expanding or
improving transit service to the UFAIR District, including the Project. Such transit improvements
may include platform extensions or reconfigurations to facilitate arrivals to and departures from
the district, including the Project, together with possible improvements to make above grade
connections to transit platforms.
1.16.11 North Temple. To facilitate and support the installation of tunnels
or bridges over North Temple to improve connections between State Fair and related properties
and those located within the Project.
1.16.12 East City-Bank Lands. City to begin the process of declaring as
“surplus real property” the parcel owned by City adjacent to the east side of Jordan River within
the UFAIR District with the goal of conveying such property to an entity of City’s choice, with a
preference for a government-entity owning adjoining land or to the qualified owner, for
consideration determined by the City in the City’s sole discretion. Such parcel bears a tax parcel
number 08-3537-6001-0000 on file with the Salt Lake County Assessor.
1.16.13 South Temple. To cooperate with UFAIR District for a crossing of
South Temple over the Jordan River to provide access to and from the Project, to the extent it
becomes public for any section.
1.16.14 Increment Area. To facilitate and support development of the
UFAIR District, the City, or its agencies, shall not impose a tax increment area within the UFAIR
District during the term of this Agreement or as otherwise required by law.
1.20 Stadium Events. City and Master Developer shall, at least six (6) months prior to
the first event at the Stadium, establish an annual permitting process for events at the stadium
which permitting process will address noise mitigation and event timing, and allowing fireworks,
drone shows, and other aerial displays at the Stadium.
ARTICLE VI
SYSTEM IMPROVEMENTS/UPSIZING
6.1 Upsizing Infrastructure. The City shall not require Master Developer to construct
any System Improvements or upsize any of the: (i) roadways from the roadway widths established
in Section 3.1.2 above; (ii) onsite culinary water, stormwater, sewer, or similar improvements; or
(iii) offsite improvements that are necessary for the Project’s development, unless the City and
Master Developer execute a reimbursement or similar agreement pursuant to Section 6.2.
6.2 Reimbursement. If Master Developer is entitled to reimbursement for all or part of
any infrastructure that Master Developer constructs, then prior to Master Developer being required
to construct any such improvements, City and Master Developer shall enter into a cash
reimbursement or pioneering agreement in a form acceptable to the Parties.
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ARTICLE VII
EXPANSION
7.1 Additional Property. If Master Developer acquires properties immediately adjacent
to the Property, or at such other distance as allowed by the UFAIR Act, Master Developer may
elect to include such later acquired properties and subject the same to this Agreement, subject to
approval by the City Council, which approval shall not be unreasonably withheld, delayed, or
conditioned.
7.2 Future Rezone. No later acquired property included within the boundaries
administered by the UFAIR District shall be included within the JRF Zone unless subject to a
zoning map amendment approved by a legislative act of the City Council, consented to by Master
Developer and the Owner thereof.
ARTICLE VIII
PUBLIC BENEFITS, ASSIGNMENT AND TRANSFER
8.1 Community/ Public Benefits. Master Developer and its successors shall encourage
development in accordance with the community statement attached hereto as Exhibit F. In
addition, residential dwelling units in the Project shall meet the following two requirements: (i) a
minimum of 10% of the dwelling units within the Project shall be designated as workforce housing
and restricted to households earning 80% of the area median income and below, pursuant to the
rent and income standards established by the Utah Housing Corporation or its successor for the
Low Income Housing Tax Credit Program, or such other acceptable methodology agreed to by the
Parties, for a total of forty (40) years measured from the Effective Date; and (ii) a minimum of
twenty (20) percent of units within the Project shall be family-sized units, with a mix of a minimum
of two bedrooms and three bedrooms or more per unit. Residential dwelling units built to satisfy
the “family-sized” unit requirement described in subsection (ii) herein need not be restricted to
any income level but shall be market rate units unless otherwise designated by Master Developer
in the exercise of Master Developer’s sole discretion. Master Developer may develop its residential
dwelling units at the pace and in the order determined by Master Developer in its sole discretion
provided that each phase of development of residential housing will include a portion of workforce
housing and family-sized housing to ensure a mix of units in each development. The size and
duration of a phase will be determined by Master Developer provided that , by the time that Master
Developer applies for its 800th certificate of occupancy for residential dwellings, Master Developer
shall submit evidence to the City that it has met the foregoing two dwelling unit requirements as
to the first eight hundred (800) residential dwelling units and thereafter shall show compliance at
the time of issuance of certificates of occupancy at intervals of one thousand (1,000) residential
dwelling units.
8.2 Transfer. If Master Developer assigns, transfers, or otherwise conveys the entire
Property or any portion thereof to a subsequent owner, and intends to transfer any of Master
Developer’s rights and obligations under this Agreement in connection with such transfer, Master
Developer shall execute and deliver a “Transfer Acknowledgment” in the form attached hereto
as Exhibit B for the purpose of notifying City of the transfer. Upon delivery of a fully executed
Transfer Acknowledgment to the City, the obligations of Master Developer shall automatically be
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1.17 assigned and assumed to the identified assignee and Master Developer shall be
released from the obligations that are assumed by the identified assignee.
1.21 Reservation of Reimbursement Rights. Notwithstanding any provision in City’s
Current Laws to the contrary, Master Developer reserves unto itself the right to all payments and
reimbursements for items constructed within the Property or by Master Developer even if Master
Developer sells any portion of the Property to a third-party. Any assignment of the right to receive
payments and reimbursements under this Agreement must be in writing, signed by Master
Developer, and must include specific details regarding the right or amount of reimbursement
transferred to a third party. In the event of a transfer of any reimbursement or payment right under
this Agreement, both assignor and assignee must provide written notice to City in accordance with
this Agreement. Notwithstanding the foregoing, Master Developer shall not be entitled to retain
reimbursements or payments under this Agreement that exceed the actual costs incurred by Master
Developer.
ARTICLE IX
DISPUTE RESOLUTION
9.1 Default. Except as otherwise expressed herein, in the event of a failure by any Party
to comply with the commitments set forth herein, within thirty (30) days of written notice of such
failure from the other Party, and the failure by the noticed Party to cure such alleged default or
breach within such thirty (30) day period, the non-defaulting Party shall have the right to pursue
any or all of the following remedies, which right shall be cumulative:
9.1.1 To cure such default or enjoin such violation and otherwise enforce the
requirements contained in this Agreement; and
9.1.2 To enforce all rights and remedies available at law and in equity including,
but not limited to, injunctive relief, and/or damages.
9.2 Expedited Arbitration. Master Developer may require a Riparian Dispute to be
submitted to binding arbitration before a qualified arbitrator (a “Qualified Arbitrator”) under
JAMS’s Streamlined Arbitration Rules and Procedures. A Qualified Arbitrator shall be a
professional with more than ten year’s experience with administering, interpreting and/or applying
water quality regulations under Utah state and federal clean water regulations. The place of
arbitration shall be Salt Lake City, Utah. The Qualified Arbitrator shall decide whether the City’s
refusal to grant an exception from a riparian regulation, including uses not allowed explicitly in
the Enhanced Table of Uses, is required to safeguard the Jordan River under state or federal, not
City, clean water regulations. Each Party to the arbitration shall cooperate with one another in the
production and discovery of requested documents, and in the submission and presentation of
arguments to the Qualified Arbitrator at the earliest practicable date; and the Qualified Arbitrator
shall unilaterally decide the Riparian Dispute in a written opinion, after an in person hearing, which
shall be conclusive and binding upon them. The Qualified Arbitrator conducting any arbitration
shall be bound by the provisions of this Agreement and shall not have the power to add to, subtract
from or otherwise modify such provisions. The Qualified Arbitrator is not bound to interpret or
apply any City riparian regulation or the Enhanced Table of Uses but is only to determine what is
regarded to safeguard water quality under state and federal clean water law and regulations. Unless
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9.2 a different time period is consented to by Master Developer, a Qualified Arbitrator
shall be appointed within fourteen (14) days of Master Developer delivering a notice of Riparian
Dispute. All briefing and other materials shall be submitted to the Qualified Arbitrator within
thirty (30) days of appointment of the Qualified Arbitrator and a hearing and the ruling of the
matter shall be made within another thirty (30) days of the submission of all materials and briefs
to the Qualified Arbitrator. The ruling of the Qualified Arbitrator shall be final and not subject to
judicial review. The arbitration costs, fees and expenses shall be shared as determined by the
Qualified Arbitrator.
.
ARTICLE X
GENERAL MATTERS
10.1 Amendments. Any alteration or change to this Agreement shall be made in a
writing executed by Master Developer and City, after approval by the City Council. Master
Developer need not obtain the written consent of an owner of any portion of the Property in order
to amend this Agreement, unless Master Developer conveys any portion of the Property to a sub
developer and has transferred development rights to the same as described in the Transfer
Acknowledgment and such amendment materially impacts such sub developer’s property rights in
a manner not already agreed to between Master Developer and such sub developer.7
10.2 Exclusion from Moratoria. The Property shall be excluded from any moratorium
adopted pursuant to Utah Code § l0-9a-504 unless such a moratorium is found on the record by
the City Council to be necessary to avoid jeopardizing a compelling, countervailing public interest
defined in common law or state law.
10.3 No Waiver. Nothing in this Agreement shall be construed as waiving Master
Developer’s rights under the United States and Utah constitutions, and the land use and
development laws of the state of Utah.
10.4 Captions and Construction. This Agreement shall be construed according to its fair
and plain meaning and as if prepared by all Parties hereto and shall be interpreted in accordance
with Utah law. Titles and captions are for convenience only and shall not constitute a portion of
this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular
or plural number shall each be deemed to include the others wherever and whenever the context
so dictates. Furthermore, this Agreement shall be construed so as to effectuate the public purposes,
objectives and benefits set forth herein. As used in this Agreement, the words “include” and
“including” shall mean “including, but not limited to” and shall not be interpreted to limit the
generality of the terms preceding such word. To the extent a general provision of City’s Current
Laws or Future Laws, or any other law, conflicts with a specific provision of this Agreement or an
interpretation necessary to give effect to the Agreement, then this Agreement shall control.
10.5 Laws and Forum. This Agreement shall be binding upon and shall inure to the
benefit of the Parties hereto and their respective successors and assigns, and shall be construed in
4866-9991-7539
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1.18 accordance with Utah law. Any action brought in connection with this Agreement
shall be brought in a court of competent jurisdiction located in Salt Lake County, Utah.
1.22 No Third Party Rights. Unless otherwise specifically provided herein, the
obligations of the Parties set forth in this Agreement shall not create any rights in or obligations to
any other persons or third parties.
1.23 Notices. All notices shall be in writing and shall be deemed to have been
sufficiently given or served when presented personally, or delivered by a reputable overnight
courier that keeps receipts of delivery (such as UPS or Federal Express), or when deposited in the
United States mail, by registered or certified mail, addressed as follows:
City: Salt Lake City
451 South State Street
Salt Lake City, UT 84111
Attention: City Recorder
With a copy to: Salt Lake City
Office of the City Attorney
451 South State Street
Salt Lake City, UT 84111
Attention: City Attorney
Master Developer: LHM DEV E, LLC
9350 South 150 East, Suite 900
Sandy, UT 84070
Attn: Legal Counsel
With a copy to: Snell and Wilmer L.L.P.
15 West South Temple, Suite 1200
Salt Lake City, UT 84101
Attn: Wade R. Budge
Such addresses may be changed by notice to the other Party given in the same manner as above
provided. Any notice given hereunder shall be deemed given as of the date delivered or mailed.
1.24 Entire Agreement. This Agreement constitutes the entire agreement of the Parties
with respect to the subject matter hereof and supersedes any prior promises, representations,
warranties, inducements or understandings between the Parties which are not contained herein. It
is expressly agreed by the Parties that this Agreement shall govern and facilitate the development
of the Property.
1.25 Agreement Runs with the Land. This Agreement shall be recorded against the
Property described in Exhibit A. The agreements contained herein shall be deemed to run with
the land and shall be binding on and shall inure to the benefit of all owners and successors in
ownership of the Property, provided that these provisions shall not apply to land that is conveyed,
consistent with the UFAIR Act, to State of Utah or its state agencies or political subdivisions
4866-9991-7539
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1.19 created by the UFAIR District unless such governmental entity delivers a notice to
the City in writing, provided however, that the Home Game Covenant shall apply to the Stadium
regardless of ownership. Successors in title are on record notice of the provisions of this
Agreement. Notwithstanding the foregoing, each successor in title shall accede only to the benefits
and burdens of this Agreement pursuant to an assignment by Master Developer which pertain to
that specific portion of the Property to which such successor holds fee title or leasehold estate, and
shall not be deemed to be the “Master Developer” or a third party beneficiary of any of the rights,
interests, or benefits relating to other portions of the Property. Further, some benefits may only be
held by the Master Developer as the “qualified owner” as defined by the UFAIR Act. Nothing in
this Agreement shall apply to residents or property owners who purchase or occupy dwelling units
or commercial spaces within the Project as purchasers or tenants, it being the intent of this
Agreement that it governs the development of the Project, not the use by subsequent owners or
residents.
1.26 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which, together, shall constitute one and the same
instrument.
1.27 Representation Regarding Ethics. Master Developer represents and warrants that
it has not: (1) provided an illegal gift or payoff to a City officer or employee or former City officer
or employee, or his or her relative or business entity; (2) retained any person to solicit or secure
this contract upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee, other than bona fide employees or bona fide commercial selling agencies for the
purpose of securing business; (3) knowingly breached any of the ethical standards set forth in the
City’s conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly
influenced, and hereby promises that it will not knowingly influence, a City officer or employee
or former City officer or employee to breach any of the ethical standards set forth in the City’s
conflict of interest ordinance, Chapter 2.44, Salt Lake City Code.
1.28 Estoppel. At any time, and from time to time, Master Developer may deliver
written notice to the City requesting that the City certify in writing that, to the knowledge of the
City (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this
Agreement has been not been amended, or if amended, the identity of each amendment, (iii) Master
Developer is not then in breach of this Agreement, or if in breach, a description of each such
breach, and (iv) any other factual matter reasonably requested (an “Estoppel Certificate”). The
Mayor, or designee, shall be authorized to execute, on behalf of the City, any commercially
reasonable Estoppel Certificate requested by Master Developer within fifteen (15) days after
written request for such Estoppel Certificate. The City’s failure to furnish an Estoppel Certificate
within such fifteen (15) day period shall be conclusively presumed that (A) this Agreement is in
full force and effect without modification in accordance with the terms set forth in the request;
and (B) there are no breachers or defaults on the part of Master Developer. The City acknowledges
those identified in a request for a Estoppel Certificate may rely on the Estoppel Certificate or the
presumed statement allowed by this subsection.
1.29 Referendum or Challenge. The Parties understand that any legislative action by the
City Council is subject to referral or challenge by individuals or groups of citizens, including
4866-9991-7539
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approval of development agreements and a rezone of the Property. If a referendum or challenge
relates to the Salt Lake City Council’s approval of this Agreement or the rezoning, and the
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1.20 referendum or challenge is submitted to a vote of the people pursuant to Utah Code
Ann. § 20A-7-601, then Developer may deliver a notice of rescission to the City to terminate this
Agreement as to the affected portions of the Property. Upon delivery of such notice of rescission
pursuant to this subsection, this Agreement shall automatically terminate, as to the portion
identified, whereupon the Parties shall have no further rights or obligations under this Agreement
as to the portion identified.
1.30 Force Majeure. Notwithstanding anything to the contrary contained in this
Agreement, if a Party shall be delayed or prevented from the performance of any act required by
this Agreement within the timeframe that such performance is required hereunder by reason of
Force Majeure, performance of such act shall be excused, provided that notice has been given in
accordance with this Section 10.15, for a period equivalent to the period of such delay commencing
from the date of the occurrence that is the subject of the required notice under this Section 10.15;
provided, further, that nothing in this Section 10.15 shall excuse either the City or Master
Developer from the prompt payment of amounts due under this Agreement by reason of a change
in the economic circumstances of such Party. The delayed Party shall provide written notice to
the other of such delay or prevention (resulting from Force Majeure) within thirty (30) days of the
delayed Party’s actual knowledge thereof, and if the delay is ongoing or intermittent, shall
thereafter keep the other Party informed (which may be through meetings, in writing or orally)
from time to time of the status of such delay or prevention. Under no circumstances shall the
financial inability of Master Developer or City (or its agents), or, in the absence of other factors
described in this Section 10.15, generally applicant adverse financial market conditions, be
deemed to constitute a Force Majeure event.
IN WITNESS WHEREOF, the Parties have executed this Agreement on December ___,
2024.
[Remainder of Page Intentionally Blank; Signatures Follow]
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CITY:
SALT LAKE CITY CORPORATION, a Utah
municipal corporation
_________________________________
ATTEST: Erin Mendenhall, Mayor
____________________________________
City Recorder
Approved as to form:
Salt Lake City Attorney’s Office
______________________________
City Attorney
ACKNOWLEDGMENT
STATE OF UTAH )
: ss.
County of Salt Lake )
On this ____ day of December 2024, before the undersigned notary public in and for the
said state, personally appeared Erin Mendenhall, known or identified to me to be the Mayor of Salt
Lake City, who executed the foregoing instrument on behalf of said City and acknowledged to me
that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
__________________________________
Notary Public for Utah
[Signatures Continue on Following Page]
4866-9991-7539
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MASTER DEVELOPER:
LHM DEV E, LLC,
a Utah limited liability company:
By: LHMRE, LLC
Its: Manager
By: _____________________
Name: Brad Holmes
Title: President
ACKNOWLEDGMENT
STATE OF UTAH )
: ss.
County of Salt Lake )
On this ____ day of ____________, 2024, before the undersigned notary public in and for
the said state, personally appeared Brad Holmes, known or identified to me to be the president of
the manager of LHM DEV E, LLC, a Utah limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
__________________________________
Notary Public for Utah
4866-9991-7539
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OWNERS’ CONSENT:
Each Owner identified below hereby consents to the portion of the Property owned by such
Owner being subjected to this Agreement, and expressly acknowledge Section 2.12 above.
CTP DEV, LLC,
a Utah limited liability company
By: LHMRE, LLC
Its: Manager
By: _____________________
Name: Brad Holmes
Title: President
ACKNOWLEDGMENT
STATE OF UTAH )
: ss.
County of )
On this ____ day of ____________, 2024, before the undersigned notary public in and for
the said state, personally appeared Brad Holmes, known or identified to me to be the president of
the manager of CTP DEV, LLC, a Utah limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
__________________________________
Notary Public for Utah
4866-9991-7539
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PACIFICORP,
an Oregon corporation dba Rocky
Mountain Power and Utah Power &
Light Company
By:
Name:
Its:
ACKNOWLEDGMENT
STATE OF UTAH )
: ss.
County of )
On this ____ day of ____________, 2024, before the undersigned notary public in and for the said
state, personally appeared ________________, known or identified to me to be the
_________________ of PacifiCorp, an Oregon corporation dba Rocky Mountain Power and Utah
Power & Light Company.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
__________________________________
Notary Public for Utah
4866-9991-7539
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LHM DEV B, LLC,
a Utah limited liability company
By: LHMRE, LLC
Its: Manager
By: _____________________
Name: Brad Holmes
Title: President
ACKNOWLEDGMENT
STATE OF UTAH )
: ss.
County of )
On this ____ day of ____________, 2024, before the undersigned notary public in and for the said
state, personally appeared Brad Holmes, known or identified to me to be the president of the
manager of LHM DEV B, LLC, a Utah limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
__________________________________
Notary Public for Utah
4866-9991-7539
27
LHM DEV C, LLC,
a Utah limited liability company
By: LHMRE, LLC
Its: Manager
By: _____________________
Name: Brad Holmes
Title: President
ACKNOWLEDGMENT
STATE OF UTAH )
: ss.
County of )
On this ____ day of ____________, 2024, before the undersigned notary public in and for the said
state, personally appeared Brad Holmes, known or identified to me to be the president of the
manager of LHM DEV C, LLC, a Utah limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
__________________________________
Notary Public for Utah
4866-9991-7539
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EXHIBIT A
[Legal Description and Map of the Property]
PARCEL 1 (RMP): A parcel of land located in the Southeast Quarter of Section 34 & Southwest Quarter of
Section 35, Township 1 North, Range 1 West, Salt Lake Base and Meridian and the Northwest Quarter of Section 2
and Northeast Quarter of Section 3, Township 1 South, Range 1 West, Salt Lake Base and Meridian and is described
as follows:
Beginning at a point on the southerly right-of-way line of said North Temple Street, which is
2150.49 feet S. 89°57’10” W. along a monument line and 660.49 feet N. 00°02’09” W. from the
Southeast Corner of said Section 34, said point is also 493.35 feet N. 89°58’23” E. along a
monument line of North Temple Street and 77.89 feet South from a 1” Brass Rivet described as
Point 805 in that Record of Survey filed as S2014-06-0296 in the Office of the Salt Lake County
Surveyor; thence along said southerly right-of-way line the following nine (9) courses:
1) N. 89°57'51" E. 627.91 feet; 2) S. 87°24'32" E. 132.35 feet; 3) N. 89°47'31" E. 359.56 feet;
4) S. 35°51'51" E. 11.78 feet; 5) N. 89°59'21" E. 76.00 feet; 6) N. 35°50'33" E. 11.81 feet;
7) N. 87°04'33" E. 99.27 feet; 8) N. 89°57'51" E. 841.90 feet; 9) N. 89°59'36" E. 341.36 feet;
thence S. 00°00'30" W. 79.11 feet; thence N. 89°57'51" E. 63.78 feet; thence S. 00°00'30" W.
170.90 feet; thence N. 89°57'51" E. 170.22 feet; thence N. 00°00'30" E. 249.89 feet to said
southerly right-of-way line of North Temple Street; thence N. 89°59'36" E. 334.13 feet along said southerly right-of-
way line to the westerly right-of-way line of Jordan River described on “Plat 31” of the Salt Lake City Atlas Plats;
thence along said right-of-way line the following four (4) courses: 1) S. 12°35'55" E. 298.94 feet to a point of
tangency with a 360.00 – foot radius curve to the right, concave westerly; 2) Southerly 167.39 feet along the arc of
said curve, through a central angle of 26°38'28" (Chord bears S. 00°43’19” W. 165.89 feet); 3) S. 14°02'33" W.
266.97 feet to a point of tangency with a 2,260.00 – foot radius curve to the left, concave easterly; 4) Southerly
73.40 feet along the arc of said curve, through a central angle of 01°51'39" (Chord bears S. 13°06’44” W. 73.40
feet); thence N. 89°55'23" W. 1,167.32 feet; thence S. 00°10'59" E. 150.78 feet; thence N. 89°48'39" W. 818.48 feet;
thence S. 00°08'22" W. 98.66 feet; thence S. 89°29'18" W. 234.66 feet; thence S. 00°46'29" E. 85.82 feet; thence N.
89°54'33" W. 102.02 feet; thence S. 00°21'56" E. 785.06 feet to a northerly right-of-way line of Highway Interstate -
80; thence along said northerly right-of-way the following four (4) courses: 1) N. 76°18'33" W. 322.97 feet; 2) N.
72°28'31" W. 73.47 feet; 3) N. 65°35'15" W. 73.50 feet; 4) N. 61°49'39" W. 776.60 feet; thence N. 05°18'35" W.
162.91 feet; thence N. 89°56'26" E. 982.15 feet; thence N. 00°03'34" E. 519.56 feet; thence S. 89°57'51" W.
1,022.45 feet; thence N. 00°02'09" W. 66.50 feet to the Section Line; thence S. 89°57'51" W. 34.34 feet along said
Section Line to the South Quarter Corner of said Section 34; thence N. 00°02'09" W. 33.50 feet along the Section
Line; thence N. 89°57'51" E. 499.35 feet; thence N. 00°02'09" W. 626.57 feet to the Point of Beginning.
The above-described parcel of land contains 3,195,022 sq. ft in area or 73.347 acres, more or
less.
PARCEL 2 (CTP DEV): BEGINNING AT A POINT WHICH IS SOUTH 0°03'34" EAST 66.50 FEET AND
NORTH 89°56'26" EAST 36.85 FEET FROM THE NORTH QUARTER CORNER OF SECTION 3, TOWNSHIP
1 SOUTH, RANGE 1 WEST, SALT LAKE BASE AND MERIDIAN; AND RUNNING THENCE ALONG THE
EAST LINE OF REDWOOD ROAD SOUTH 0°54'51" EAST 167.96 FEET; AND SOUTH 01°41'39" EAST
300.04 FEET; AND SOUTH 6°48'55" EAST 52.50 FEET; THENCE NORTH 89°56'26" EAST 1001.68 FEET;
THENCE NORTH 0°03'34" EAST 520.00 FEET TO THE SOUTH LINE OF THE SALT LAKE GARFIELD AND
WESTERN RAILROAD PROPERTY; THENCE SOUTH 89°56'76" WEST 1020.00 FEET ALONG SAID
SOUTH LINE OF RAILROAD PROPERTY TO THE POINT OF BEGINNING.
Approx. 12.101 Ac.
PARCEL 3 (LHM DEV B): Beginning North 00°04'28" East 33.5 feet and North 89°56'26" East 18.21 feet and
North 01°08'10" West 476.58 feet from the South quarter corner of Section 34, Township 1 North, Range 1 West,
Salt Lake Base and Meridian, and running thence North
4866-9991-7539
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01°08'10" West 139.34 feet, more or less; thence East 14.79 feet; thence North 10.70 feet; thence North 89 56'26"
East 165.42 feet, more or less; thence South 00°03'08" East 150 feet; thence South 89°56'26" West 177.58 feet to the
point of beginning.
Approx. 0.613 Ac.
PARCEL 4 (LHM DEV C): That certain real property located in Salt Lake County, State of Utah, more
particularly described as follows:
Beginning at a point 33.5 feet North of the South quarter corner of Section 34, Township 1 North, Range 1 West,
Salt Lake Base and Meridian, and running thence North 476.5 feet; thence East 150 feet; thence North 150 feet;
thence East 249.25 feet; thence South 250 feet; thence East 100 feet; thence South 376.5 feet; thence West 499.25
feet to the point of beginning.
LESS AND EXCEPTING therefrom a parcel of land as conveyed by that certain Special Warranty Deed, recorded
June 14, 2002, as Entry No. 8265327, in Book 8609 at Page 4687, being more particularly described as follows:
Beginning at a point on the East Right of Way line of Redwood Road, said point being North 00°04'28" East 33.50
feet and North 89°56'26" East 18.21 feet and North 1°08'10" West 476.58 feet (476.60 feet measured) from the
South Quarter Corner of Section 34, Township 1 North, Range 1 West, Salt Lake Base and Meridian, and running
thence North 1°08'10" West along the East Right of Way line of Redwood Road 150.03 feet, more or less, to the
South Right of Way line of North Temple Street; thence North 89°56'26" East along said South Right of Way line of
North Temple Street 180.42 feet; thence South 0°03'08" East 150.00 feet; thence South 89°56'26" West 177.58 feet
to the point of beginning.
Approx. 5.96 Ac.
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EXHIBIT B
[Form of Transfer Acknowledgment]
TRANSFER ACKNOWLEDGEMENT
THIS TRANSFER ACKNOWLEDGEMENT is executed and delivered this , 20__,
(“Effective Date”), by LHM DEV E, LLC, a Utah limited liability company (“LHM”) and provided to Salt
Lake City Corporation, a Utah municipal corporation (“City”).
RECITALS
A. LHM entered into that certain Master Development Agreement with City, recorded on
, as Entry No. in Book at Page ___ of the official records of the Salt
Lake County Recorder, State of Utah (the “Development Agreement”). Capitalized terms used but not
defined herein shall have the meanings given to such terms in the Development Agreement.
B. The Development Agreement vests the use, configuration, densities, and processes related
to land in the Power District of Salt Lake City.
C. The Development Agreement designates LHM as a “Master Developer,” with such
designation giving rise to various rights, obligations, and duties thereunder.
D. Pursuant to Section 7.1 of the Development Agreement, LHM may assign or transfer “any
of the rights and obligations under this Agreement” and in connection with such a transfer is to provide
notice on this form to City.
NOW, THEREFORE, pursuant to Section 7.1 the Development Agreement, LHM hereby
acknowledges that it has transferred and assigned the following rights, obligations, and duties as a developer
under the Development Agreement to _____________________________ (“Transferee”), and Transferee
hereby acknowledges its acceptance of such rights and assumption of such obligations described below:
1. Summary of Interests Transferred: _____________________________________
________________________________________________________________________
________________________________________________________________________
EXECUTED as of the date first above written.
LHM:
LHM DEV E, LLC
a Utah limited liability company
By:
Name:
Title:
TRANSFEREE:
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By:
Name:
Title:
CERTIFICATE AND NOTICE OF DELIVERY
I certify that the foregoing acknowledgment was delivered to Salt Lake City on this ___ day of
______, 202_ through the following method of delivery ____________.
By:
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EXHIBIT C
[ Enhanced Table of Uses ]
LHM Fairpartk - Jordan River Riparian and Lowland Conservancy District enhanced table of uses.
Zone A (0 - 25feet)Zone B (25 - 50 feet)Zone C (50 - 100 feet)
Work in these Zones (i.e. within 100 feet of the AHWL of the Jordan River) requires a Riparian Corridor Protection Permit unless
identified as permitted activity*
This table details modified allowed uses within each Zone.
All Zone A Uses, plus the following:All Zone A and Zone B Uses, plus the
following:
Removal of debris or trees with heavy
equipment
Use or development allowed in applicable
zoning district.
Herbicide, pesticide and fertilizer
application in accordance with best
management practices*
Mass Grading and Excavation
Planting noninvasive vegetation*Mechanized removal of fallen, dead, or
diseased trees
Exceptions not allowed in Zone C:
Maintenance tree pruning*No commercial parking allowed (parking
garages, pay to park)
Manual removal of trash, storm
debris, and fallen, dead, or diseased
trees*
No Leach fields allowed
Invasive plant removal*No detention or retention allowed (above or
below ground)
Tree removal and replacement*
Pruning or tree removal within utility
easement by responsible entity*
Minimal Grading as needed for
allowed improvements.
Activities approved by U.S. army
corps of engineers or state engineer
Open patio/deck/plazas/hardscape
surfaces
Walkways/boardwalks/Trails
New construction or maintenance of
access stairs, landscape walls, and
paths
Maintenance of existing irrigation
and flood control devices
Installation of erosion control
devices and wáter quality
improvements
Open fence (allows passage of flood
flows)
Public utilities work
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EXHIBIT D
[Intentionally Omitted]
EXHIBIT E [Hydrology and Hydraulics Memorandum]9
9 NTD: Version of memo to be updated to 11/26.
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EXHIBIT F
[Community Statement]
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EXHIBIT G
[RMP Parking Area]
36
Summary report:
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Development Agreement.docx
Modified DMS: nd://4866-9991-7539/15/LHM DEV - Power District -
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COUNCIL STAFF
REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Nick Tarbet, Policy Analyst
DATE: December 10, 2024
RE:Text Amendment: Northpoint Light Industrial
(M-1A) Zoning District
Petition PLMPCM2024- 00333
PROJECT TIMELINE:
Briefing 1: Sept 3, 2024
Briefing 2: Oct 15, 2024
Briefing 3: Dec 10, 2024
Set Date: Sept 3, 2024
Public Hearing: Oct 1, 2024
Potential Action: TBD
NEW INFORMATION
At the October 15 work session briefing, the Council did not support removing the 300’ buffer from the
code to be addressed in future development agreements. However, the Council did instruct staff to work
with the administration to come up with potential options for the council to consider about potential
additional allowed uses within the 300’ buffer. Based on that direction, Planning worked with Public
Utilities on the following option for the Council to consider.
The buffer from the River would be divided up into three sections from the annual high-water mark. The
permitted uses are outlined in the tables linked below or in Attachment A.
No Disturbance Area: 0-100 ft.
o No development at all
o Permitted uses are outlined in Area A of Table 21A.34.130-3 (Undeveloped lots)
Structure Limit Area: 100-200 ft
o Very minimal development, like trails, patios, and fencing, allowed.
o Permitted uses are outlined in Area B of Table 21A.34.130-2 (Developed lots)
Buffer Transition Area: 200-300 ft
Page | 3
o Changes to Area C of Riparian Corridor Overlay (RCO), which allows most uses in the
underlying zone as long as they follow all other requirements in the RCO zone
o Permitted uses are outlined in Area C of table 21A.34.130-2 (Developed lots)
Attachment C is the draft ordinance with the potential edits highlighted so they can easily be identified. It
shows the draft language for the buffer changes as well as the edits the Council previously approved:
adding painted texture concrete to the list of allowable building materials and clarifying maximum building
height in relation to the loading dock.
If the Council supports these changes, they will be included in the final draft for potential adoption on
December 10.
PUBLIC COMMENTS
In response to the potential changes to the buffer outlined above, other constituents would like the council
to refine the buffer language further so that it does not remove as much property from potential
development as the current buffer would.
Another group resent comments they had previously submitted that encourage the Council to consider a
Transfer of Development Rights (TDR) program in this area.
Some have raised concerns about the city’s ability to limit large distributors from building in this area. Staff
believes the design standards, such as maximum lot size and maximum length of blank walls, will
disincentivize large-scale distributors from building within this zoning district.
Additionally, M-1A zoning permits Wholesale Distribution but not Distribution Centers. Both definitions,
see below, clarify that businesses can allocate part of their building for storage and distribution to
businesses or customers. However, this accessory distribution use must comply with specific requirements
in the code, including the stipulation that it be subordinate in area—meaning the space dedicated to this
use cannot exceed 50% of the total structure.
Wholesale Distribution (permitted in M-1A):
A business that maintains an inventory of materials, supplies and goods related to one or more
industries and sells bulk quantities of materials, supplies and goods from its inventory to
companies within the industry. A wholesale distributor is not a retail goods establishment. The
term "wholesale distribution" does not include accessory distribution that is subordinate and
incidental to a primary land use (e.g., manufacturing, industrial assembly, or other type of primary
commercial or industrial use).
Distribution Center (not permitted in M-1A):
A facility that is used for the receipt of products and the storage, separation, and distribution of
those products on an individual basis to individual end-user consumers. This includes e-commerce
activities. A distribution center is not a retail goods establishment. The term "distribution center"
does not include accessory distribution that is subordinate and incidental to a primary land use
(e.g., manufacturing, industrial assembly, or other type of primary commercial or industrial use).
The following information was provided for the October 15 work session briefing.
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WORK SESSION SUMMARY -OCTOBER 15
During the October 1 public hearing a few people spoke. Two individuals who live along 2200 West spoke
about the significant negative impacts they are experiencing due to the warehouse construction going on
west of 2200 West. They said the new zone would ruin agricultural land. Another individual spoke about
how the city can limit distribution and wholesale uses.
The Council closed the public hearing and deferred action to a future meeting.
At the September 3 briefing, the Council directed staff to work with Planning and stakeholders on two
issues:
1. Maximum building height pertaining to docks at below-grade
2. Buffer requirements from the Jordan River: Consider whether there are alternatives or
potential development agreements that can help address the concerns.
Updates to the Ordinance
1. Maximum Height in relation to loading docks: The red underlined text is the new language
Planning staff recommended and stakeholders supported.
Maximum Height: No building shall exceed 40 feet in height. Building height along
loading dock areas may exceed the maximum height limit by 5 feet. The additional height
shall only be allowed below the average elevation of finished grade and the area shall be
excluded from the calculation of the average elevation of finished grade.
2. Included painted texture concrete in the list of allowable building materials
Items for further discussion
Jordan River Buffer
The Council adopted the Northpoint Small Area Plan in November 2023. A development buffer adjacent to
the Jordan River was included in the plan with the following policy direction:
Setback and Buffer Table: 300 ft buffer from the Jordan River in both the Light Industrial and
Transitional areas. (Northpoint Small Area Plan, page 18)
Implementation Items: Require a buffer of 300 feet between wetlands/uplands and any site
development (e.g. buildings, parking, site features, and amenities) within the Northpoint Plan
Area. The Great Salt Lake is a complex and delicate ecosystem, and impact on this habitat area by
new development must be carefully mitigated. A critical part of this mitigation is ensuring an
adequate buffer between development and the wetland/upland ecosystem. Wetlands include both
jurisdictional and non-jurisdictional wetlands. The Plan identifies a 300-foot buffer from wetland
areas. This should be implemented through either an update to the City’s existing Riparian Overlay
Zone or a new Northpoint-specific development code. (Northpoint Small Area Plan, page 35)
The Council has heard from a couple of stakeholders about the buffer’s impact on their property. During
the first briefing, the Council directed staff to work with Planning and stakeholders on concerns expressed
about the buffer.
Cross E. Ranch owns a substantial amount of property adjacent to the Jordan River, technically within
unincorporated Salt Lake County. However, they have expressed interest in annexing into the city and are
part of the Northpoint Annexation, a separate petition that is currently being processed.
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Cross E. Ranch contacted city staff to express their concerns about the buffer requirements from the
Jordan River proposed in the zoning amendments. The Northpoint Small Area Plan calls for a 300 ft buffer
from the Jordan River. They’ve expressed support for a buffer for the fist 100 ft from the river, but are
concerned with the additional 200’. They prefer to address the setback concerns via a development
agreement that would allow them to cluster their development area together and then place the traditional
open space, buffer, and landscaping near the river. They recommend the section about buffer yards be
removed and replaced with a development agreement which includes buffers specifically negotiated by the
city and property owner. See Attachment A for their recommended changes to the ordinance.
Based on the feedback from stakeholders and direction from the Council, Planning has provided the
following options for the Council to consider to address concerns about the buffer:
1. Reduce the buffer width to 150' total if the 150' is put into a conservation easement or has a public
access easement. There would have to be a minimum public access easement width of at 50 feet.
2. Remove the transitional buffer (the area between 100’ and 300’) and require development
agreements to negotiate the development of the land while still ensuring community and
environmental benefit goals are met.
3. Modify the allowed uses in the buffer area to generate some financial benefit. Evaluate which uses
could be compatible with the buffer while still providing income. Options might include agriculture,
outdoor recreation, and necessary support buildings.
The following information was provided for the October 1 work session briefing.
During the September 3 briefing, the Council provided direction to staff on the following policy questions.
1. Max height 40 feet. Concern this wouldn't allow for the parapet/screening.
o Response: Current city code (21A.36.020.C) already gives an allowance to do 5' parapet
walls for screening mechanical equipment.
o Council Direction: Yes to keeping as is.
2. Painted vs Tinted concrete. Is it possible to add “painted” in addition to tinted/textured as allowed
types of concrete.
o Response: Planning staff confirmed they would be ok with adding painted concrete.
o Council Direction: Yes to adding “painted concrete” to the ordinance.
3. Blank Wall Standard – request to change from 12” to 8”.
o Proposed Language: The maximum length of any blank wall uninterrupted by windows,
doors, art, or architectural detailing along any ground level street facing facade is 25’.
Changes in plane, texture, materials, scale of materials, patterns, art, or other architectural
detailing are acceptable methods to comply with this standard. The architectural feature
shall be either recessed a minimum of twelve inches (12") or projected a minimum of twelve
inches (12").
o Response: 12" is the City standard that is used in all other districts no matter the building
size. As of now, Planning staff would prefer to keeping it at 12" for consistency in applying
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the code for our building services and zoning reviewers, and because 12" will better break
up the wall than 8".
o Council Direction: Yes to keeping at 12 inches.
4. Exclude dock areas from maximum building height since they go below grade.
o The Constituent is concerned that without this accommodation, the buildings will not
match standard market buildings for interested tenants.
o Response: If the Council is supportive, staff will work with the constituent and planning
staff to develop recommendations for the Council to consider that would address this
concern.
o Council Direction: Yes to working with stakeholder on language. *See below for
additional information.
5. Amend the wetland buffers in this ordinance to be consistent with language that applies to the
Jordan River buffer: “Land within the Jordan River Transitional Buffer Area may count as natural
open space.”
o Response: Planning staff recommends that request is better addressed in the Riparian
Corridor overlay amendments Public Utilities will bring forward.
o Council Direction: Yes to NO change at this time.
6. Remove the buffer requirements from the Jordan River, and work with Cross E Ranch on
alternatives that work for them via a potential development agreement. Cross E Ranch doesn’t
want to create the open areas along the Jordan River in their area because the banks are very high
and potentially dangerous. Cross E Ranch would prefer to cluster the traditional open space,
buffer, and landscaping in their area
o Response - Does the Council want staff to work with planning staff to review and come back
with options for consideration.
o Council Direction: Yes to further discussions with the constituent and come
back to the Council with more information. *See below for additional information.
Additional information
Per Council direction Council and Planning staff reached out with stakeholders who requested changes to
the ordinance for items 4 and 6 above. Those discussions are still ongoing; therefore, staff recommends the
Council continue the public hearing to a future meeting so that if any changes to the ordinance are
proposed, the public will have the opportunity to weigh in on them. Once staff has the potential new
information ready for the Council to review, it will be brought back for discussion in a work session.
The following information was provided for the September 3 work session briefing.
ISSUE AT-A-GLANCE
The Council will receive a briefing about a proposal that would amend various sections of the Salt Lake City
Code creating a new section 21A.28.040 Northpoint Light Industrial (M-1A) Zoning District. This Council
initiated petition would create a new zoning district that would help implement the vision and goals of the
Northpoint Small Area plan adopted by the Council in November 2023.
The new zoning district would provide an environment for light industrial, office, and research uses, while
reducing the impact on adjacent agricultural and residential properties and native habitats.
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The Planning Commission reviewed the petition and forwarded a positive recommendation. In the motion,
the Planning Commission requested that any land use involving hazardous waste or medical waste be
prohibited. As noted in the Transmittal letter, Planning Staff reviewed the land use tables and confirmed
that such uses are not proposed in the current draft ordinance.
ADDITIONAL INFORMATION
Purpose Statement - The purpose of the Northpoint District is to protect sensitive lands and wildlife
habitat surrounding the Great Salt Lake shore lands and the Jordan River while providing an environment
for light industrial, office, and research uses that produce minimal impact on adjacent residential and
agricultural properties. This district is appropriate within the Northpoint Small Area Plan boundaries. The
district promotes a high standard of building design quality, open space preservation, and protection of
sensitive lands and waterways
Land Uses
The following summary of uses is outlined on page 4 of the Planning Commission staff report.
The land use table is significantly pared down from the M-1 Light Industrial Zoning District, excluding
many uses that would be inappropriate for the area. Prohibited uses include kennels/pounds,
raising of furbearing animals, bottling plants, check/payday loan businesses, community correctional
facilities, commercial laundry facilities, outdoor recycling processing centers, rock and gravel storage
and distribution, and vehicle auctions, package delivery service and distribution centers.
Allowed Uses include primarily agriculture, light industrial, office, manufacturing uses, and some retail
services.
Development and Design Standards
The following table outlines the Development and Design standards as well as Modification standards
outlined on pages 4-7 of the Planning Commission staff report
Summary of Development Standards
Max lot size
Maximum lot size is 10 acres, but larger lots may be approved if 20% of
the area of the lot to be modified is preserved as natural open space on
the development site. See the section below titled Allowed Modifications
for more information on modifications to
the standards.
Max Height Buildings cannot exceed 40 feet in height.
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Building Size Limitations
Maximum building footprint is 100,000 square feet, with potential
for increased size if the property owner incorporates sustainability
measures such as additional open space preservation, a green roof, or
electric vehicle parking. See the section below titled Allowed
Modifications for more information on modifications to the
standards.
Setbacks and Buffers
Additional Setback:
Jordan River Buffer
Building setback requirements for the front and corner side yard is 20’,
and the rear and interior side yards is 15’, with additional setbacks from
residential structures and specific buffer requirements along the Jordan
River.
New development must be 65’ from principal residential structures on
neighboring properties, and vehicle laneways used to access a
development site must be setback 30’ from principal residential
structures on neighboring properties.
The Jordan River has a 300’ buffer from the annual highwater line. The
first 100’ is a strict no-disturbance buffer and no construction or
development activities will be permitted in this area. The remaining 200’
of the buffer area (the area between 100’ and 300’) is designated as the
Transitional Buffer Area. This allows the buffer width to be reduced in
some areas if a greater buffer is provided elsewhere. The modified buffer
must maintain the total required buffer area, foot for foot, and must be
contiguous with the No-Disturbance Buffer.
Landscaping Requirements include water wise landscaping and prevention of noxious
weeds to protect adjacent sensitive lands.
Trees
Trees are required along all property lines at a rate of 1 tree per 30 feet
of property line, however, due to concerns with the unique drainage
conditions in the area, trees can be spaced irregularly or clustered. When
abutting a residential use, the amount of trees required is increased to 1
tree for every 15 feet of property line and must be placed every 15 feet for
the length of the residential use and within 30 feet of the residential use.
Design Standards
Building Façade Length Limiting building facade length along 2200 West to 250 feet.
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Maximum Length of Blank
Walls
The maximum length of any blank wall uninterrupted by windows,
doors, art, or architectural detailing along any ground level street facing
facade is 25’.
Building Materials
Specifying building materials to ensure they are compatible with the
natural environment. Brick, natural stone, wood, and tinted/textured
concrete are appropriate materials. Stucco, including EIFS, is limited to
architectural detailing surfaces and articulation. Exterior plastic vinyl
siding or any reflective or polished materials are prohibited.
Roofs
Implementing roof specifications to mitigate the heat island effect. Light
reflective roofing material with a minimum solar reflective index (SRI)
of 82 is required for all roofs.
Bird-safe Glass Treatments
For any building elevation with more than 10% glass, a minimum of 90%
of all glass shall be treated with applied films, coatings, tints, exterior
screens, netting, fritting, frosted glass, or other means to reduce the
number of birds that may collide with the glazing. Any treatment must
create a grid pattern that is equal to or smaller than 2 inches wide by 4
inches tall. Mirrored or highly reflective glass is prohibited.
Dark Sky Lighting Standards
All lighting on the property, including lighting on the buildings, parking
areas, and for signs shall be shielded to direct light down and away from
the edges of the property to eliminate glare or light into adjacent
properties and have cutoffs so that no light is emitted and/or reflected
above the horizontal plane of the fixture.
Fence Guidelines
To minimize impacts on wildlife, fences shall have a visually open design
with at least 50% of the fence open for the continuous length of the
fence.
Stormwater Retention
Retention of the 80th percentile storm is required for all new and
redevelopment projects greater than 1 acre. Detention shall be provided
to ensure stormwater discharge does not exceed 0.2 cfs per acre, or less,
to match pre-development flows, as identified in the area stormwater
master plan.
Modification of Standards
Maximum Lot Area
Approval for lots larger than 10 acres may be granted, provided the
buildings and structures are grouped and a minimum of 20% of the area
to be modified is designated as natural open spaced on the development
site. Required setback yards and disconnected small areas of open space
scattered throughout the site do not count toward the 20%, but any
required wetland, canal, or other riparian buffers may be included.
Maximum Building Façade
Length
The maximum building façade length of 250 feet along
2200 West may be increased if more natural open space is provided on
the development site. The maximum building façade length may
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increase at a ratio of 20 feet per 5% of the total site dedicated as natural
open space. The natural open space dedicated and permanently
protected on site shall be no less than 7,000 SF, and to the greatest
extent possible, shall be contiguous.
Maximum Building Footprint
Electric Vehicle
Parking
Sustainable Roof
Designation of
Natural Open Space
Public Amenities:
Stormwater
All electric property
The maximum footprint of a new building (100,000 SF)
may be increased by complying with one or more of the options below.
No more than an
additional 100,000 square feet in building footprint will be permitted for
an overall
maximum building size of 200,000 SF.
Provide a minimum of 10 electric vehicle parking spaces
with a rate of 10,000 SF of additional footprint per 10 EV stalls.
At least 30% of the roof area shall be devoted to either solar
panels or a green roof, or a combination of the two in exchange for
40,000 SF of
additional footprint.
Additional open space designation on the
development site at a rate of 1 square foot of building square footage for
1 square
foot of open space preserved.
Inclusion of a privately-owned public pathway, trail, or
greenway connecting to or through natural open space areas with a rate
of 10,000
SF per 1,000 SF of linear feet of trail, or 25,000 SF per trailhead.
Providing full retention of stormwater with no release to the public
storm drain system for 50,000 SF of additional footprint, or providing
stormwater
detention to the effect that no more than 0.1 cfs/acre is discharged from
the 100-
year 3-hour storm for 35,000 SF of additional footprint.
The site is developed as an all-electric property for an
additional 50,000 SF of additional footprint.
Key Considerations
Planning staff discusses in depth two key considerations on pages 7 -10 of the planning commission staff
report. Below is a short summary of the discussion, Please see those pages for full analysis.
Page | 11
1. How the Proposal Helps Implement City Goals & Policies Identified in Adopted Plans
Staff found the text amendment was consistent with the goals and policies outlined in Plan
Salt Lake such as Economy, Natural Environment and Growth. Additionally, they found
text amendment aligns with the goals and vision of the newly adopted Northpoint Small
Area plan.
2. Public Input and Code Changes
Staff made many substantive changes to the draft ordinance based on feedback from the
public. These include changes to the land use table, maximum lot size, vehicle laneways and
location of trees.
Potential Amendments
After the Planning Commission forwarded their recommendation, some stakeholders reached out to
Council Member Petro and staff to raise concerns and questions they have about the proposed ordinance.
Staff was able to review and respond to some of the questions. For the others which do not yet have a
response, staff is asking if the Council supports working with the constituent and planning staff to come up
with potential changes that would address their concerns.
Questions with Responses
1.Max height 40 feet. Concern this wouldn't allow for the parapet/screening.
o Response: Current city code (21A.36.020.C) already gives an allowance to do 5' parapet
walls for screening mechanical equipment.
2.Painted vs Tinted concrete. Is it possible to add painted in addition to tinted/textured concrete.
o Response: Planning staff confirmed they would be ok with adding painted.
3.Blank Wall Standard – change to 8’ instead of 12’.
o The maximum length of any blank wall uninterrupted by windows, doors, art, or
architectural detailing along any ground level street facing facade is 25’. Changes in plane,
texture, materials, scale of materials, patterns, art, or other architectural detailing are
acceptable methods to comply with this standard. The architectural feature shall be either
recessed a minimum of twelve inches (12") or projected a minimum of twelve inches (12").
o Response: 12" is the City standard that is used in all other districts no matter the building
size. As of now, Planning staff would prefer to keeping it at 12" for consistency in applying
the code for our building services and zoning reviewers, and because 12" will better break
up the wall than 8".
Questions for further discussion
1.Exclude dock areas from maximum building height since they go below grade.
o The Constituent is concerned that without this accommodation, the buildings will not
match standard market buildings for interested tenants.
o Response: If the Council is supportive, staff will work with the constituent and planning
staff to develop recommendations for the Council to consider that would address this
concern.
Page | 12
2.Amend the wetland buffers in this ordinance to be consistent with language that applies to the
Jordan River buffer: “Land within the Jordan River Transitional Buffer Area may count as natural
open space.”
o Response: Planning staff recommends that request is better addressed in the Riparian
Corridor overlay amendments Public Utilities will bring forward.
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Project Title: Northpoint Light Industrial (M-1A)
Zoning District
Petition No.: PLMPCM2024-00333
Version: 4
Date Prepared: November 19, 2024
Planning Commission Action: Recommended 6/12/2024
This proposed ordinance makes the following amendments to Title 21A (for summary purposes
only):
Creates a new section 21A.28.040 Northpoint Light Industrial (M-1A) Zoning District.
Makes changes to associated code sections (parking, landscaping, etc.) to implement the
proposed zone.
Underlined text is new; text with strikethrough is proposed to be deleted. Modifications made
after the Planning Commission recommendation are highlighted in yellow. All other text is
existing with no proposed change.
1 1. Adopts a new Section 21A.28.040 to create the Northpoint Light Industrial Zoning District
2 (M-1A) as follows:
3
4 21A.28.040 NORTHPOINT LIGHT INDUSTRIAL ZONING DISTRICT (M-1A)
5
6 A. Purpose Statement: The purpose of the Northpoint District is to protect sensitive lands
7 and wildlife habitat surrounding the Great Salt Lake shore lands and the Jordan River
8 while providing an environment for light industrial, office, and research uses that
9 produce minimal impact on adjacent residential and agricultural properties. This
10 district is appropriate within the Northpoint Small Area Plan boundaries and other
11 areas with similar attributes. The district promotes a high standard of building design
12 quality, open space preservation, and protection of sensitive lands and waterways.
13 B. Uses: Uses in the Northpoint District as specified in Section 21A.33.040, "Table Of
14 Permitted And Conditional Uses For Manufacturing Districts", of this title are
15 permitted subject to the general provisions set forth in Section 21A.28.010.
16 C. Maximum Lot Area: The maximum allowable lot size is 10 acres. Approval for lots
17 larger than 10 acres may be granted per Subsection 21A.28.040.I.
18 D. Minimum Yard and Setback Requirements:
19 1. Front Yard: 20'
20 2. Corner Side Yard: 20'
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: ___________________________
By: ____________________________
Katherine D. Pasker, Senior City Attorney
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21 3. Interior Side Yard: 15’
22 4. Rear Yard: 15’
23 5. Additional Setback:
24 a. Principal structures must be a minimum of 65’ from principal residential
25 structures on abutting properties.
26 b. Vehicle laneways used to access a development site must be a minimum of
27 30’ from principal residential structures on abutting properties.
28 6. Buffer Yards:
29 a. The Jordan River shall have a 300’ buffer from the annual high-water level
30 (AHWL), as defined in Section 21A.34.130, to preserve the natural habitat
31 and water quality of the Jordan River. Except as modified in this subsection,
32 the Jordan River buffer is subject to all rules and regulations in 21A.34.130:
33 Riparian Corridor Overlay District.
34 i. No-Disturbance Area: The first 100’ of the buffer from the AHWL,
35 nearest to the river shall be designated as a no-disturbance area. Permitted
36 uses in the no-disturbance area shall be subject to the uses in Area A in
37 Table 21A.34.130-3: USES ALLOWED ON UNDEVELOPED LAND.
38 ii. Structure Limit Area: The area between 100’ and 200’ from the AHWL
39 shall be designated as a structure limit area. Permitted uses in the structure
40 limit area shall be subject to the uses in Area B in Table 21A.34.120-2:
41 USES ALLOWED ON DEVELOPED LOTS.
42 iii. Buffer Transition Area: The area between 200’ and 300’ from the AHWL
43 shall be designated as the buffer transition area. Permitted uses in the
44 buffer transition area shall be subject to the uses in Area C in Table
45 21A.34.130-2: USES ALLOWED BY AREA ON DEVELOPED LOTS.
46 E. Maximum Height: No building shall exceed 40 feet in height. Building height along
47 loading dock areas may exceed the maximum height limit by 5 feet. The additional
48 height shall only be allowed below the average elevation of finished grade and the
49 area shall be excluded from the calculation of the average elevation of finished grade.
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50
51 F. Building Size Limits: Building footprints are limited to a maximum of 100,000
52 square feet. The maximum footprint of a building may be increased per Subsection
53 21A.28.040.I.
54 G. Landscaping Requirements: The purpose of the landscaping in the Northpoint area is
55 to provide appropriate native landscaping that prevents noxious weeds and to provide
56 landscaping that will not negatively impact the adjacent sensitive lands.
57 1. All landscaping shall consist of native plants as identified in the “Salt Lake City
58 Plant List and Hydrozone Schedule” on file with the planning division.
59 2. All required front, corner side, side, and rear yards shall be maintained as
60 landscape yards in conformance with the requirements of Section 21A.48.060.C.
61 3. Trees are required along all property lines in the following yards:
62 a. Front and Corner Side Yards: One tree for every 30 linear feet of lot frontage.
63 Trees may be spaced irregularly or clustered to form a natural grouping.
64 b. Interior Side and Rear Yards: One tree is required for every 30 linear feet of
65 yard length. Trees may be spaced irregularly or clustered to form a natural
66 grouping.
67 c. Interior Side and Rear Yards When Abutting a Residential Use: One tree is
68 required for every 15 linear feet of the property line abutting the residential
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69 use. The zoning administrator may approve alternate planting locations for
70 required trees to allow for clustering under the following conditions:
71 i. No trees may be removed from any areas abutting or within 30 feet of a
72 primary residential use; and
73 ii. The total number of required trees may not be reduced.
74 4. Noxious weed species as identified by the Utah Department of Agriculture and
75 Food (or its successor) in the State of Utah Noxious Weed List (or its successor)
76 shall be removed from landscaped areas and areas disturbed by construction
77 activity. Noxious weeds shall be controlled for a period of two years and methods
78 of control shall be identified on the landscape plan.
79 5. All other requirements in Chapter 21A.48 apply. This section shall take
80 precedence in the case of a conflict with Chapter 21A.48.
81 H. Design Standards:
82 1. Maximum Building Façade Length along 2200 West: The maximum building
83 façade length along 2200 West is limited to 250 feet. The maximum building
84 façade length may be increased per Subsection 21A.28.040.I.
85 2. Blank Walls: The maximum length of any blank wall uninterrupted by windows,
86 doors, art, or architectural detailing along any ground level street facing facade is
87 25’. Changes in plane, texture, materials, scale of materials, patterns, art, or other
88 architectural detailing are acceptable methods to comply with this standard. The
89 architectural feature shall be either recessed a minimum of twelve inches (12") or
90 projected a minimum of twelve inches (12").
91 3. Building Materials: To mitigate the contrast of the built and natural environment,
92 the following building materials are permitted: brick, natural stone, wood, and
93 painted, tinted, or textured concrete. Stucco, including EIFS, is limited to
94 architectural detailing surfaces and articulation. Exterior plastic vinyl siding or
95 any reflective or polished materials are prohibited. Other materials not
96 specifically mentioned may be permitted, on a case-by-case basis, with approval
97 from the planning director, provided they meet the intent to mitigate the contrast
98 and impact of the materials on the natural environment. Windows and doors are
99 not subject to the building material restrictions.
100 4. Roofs: Light reflective roofing material with a minimum solar reflective index
101 (SRI) of 82 shall be used for all roofs.
102 5. Glass: For any building elevation with more than 10% glass, a minimum of 90%
103 of all glass shall be treated with applied films, coatings, tints, exterior screens,
104 netting, fritting, frosted glass, or other means to reduce the number of birds that
105 may collide with the glazing. Any treatment must create a grid pattern that is
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106 equal to or smaller than 2 inches wide by 4 inches tall. Mirrored or highly
107 reflective glass is prohibited.
108 6. Lighting:
109 b. All lighting, including lighting on buildings, parking areas, and signs shall be
110 shielded to direct light down and away from the edges of the property to
111 eliminate glare or light encroaching onto adjacent properties and have cutoffs
112 so that no light is emitted and/or reflected above the horizontal plane of the
113 fixture. When a light manufacturer provides a BUG rating, the uplight rating
114 (U) shall equal zero (0).
115 c. Uplighting and event searchlights are prohibited.
116 d. Total site illumination shall not exceed 100,000 lumens per net acre.
117 e. Outdoor lighting shall be a color temperature of 3,000 Kelvin or less.
118 7. Fencing: To minimize impacts on wildlife, fences shall have a visually open
119 design with at least 50% of the fence open for the continuous length of the fence.
120 Fencing that is less than 50% open is permitted when solid screening is otherwise
121 required by this title.
122 b. Prohibited Decorative Features:
123 i. Pointed extensions at the top of fences are prohibited to prevent injury to
124 wildlife attempting to traverse the fence.
125 ii. Woven wire fencing and incorporating loose wires that may entangle
126 animals is prohibited to avoid harm to wildlife.
127 iii. Hollow fence posts that are open at the top, where birds or other small
128 animals may become entrapped, are prohibited. All fence posts must be
129 solid or have caps securely attached.
130 8. Stormwater Management:
131 a. This subsection shall be enforced by the Salt Lake City Public Utilities
132 Department.
133 b. Drainage: Site stormwater shall be collected on site and routed to the public
134 storm drain system or gutter. Stormwater may not discharge across property
135 lines or across public sidewalks without legal authorization to do so. A
136 technical drainage study is required for the development of all lots detailing
137 compliance with the requirements of this section to be reviewed with any site
138 development or building permit.
139 c. Stormwater Quality: Stormwater treatment is required prior to discharge to the
140 public storm drain. Sites shall utilize stormwater best management practices
141 (BMP's) to remove solids, oils, and other pollutants. Green infrastructure
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142 should be used whenever possible. Options for green infrastructure and low
143 impact development include bioretention systems, harvest/reuse, permeable
144 surfaces, green roofs, and site design.
145 d. Retention: Retention of the 80th percentile storm is required for all new and
146 redevelopment projects greater than 1 acre.
147 e. Detention: Detention shall be provided to ensure stormwater discharge does
148 not exceed 0.2 cfs per acre, or less, to match pre-development flows, as
149 identified in the area stormwater master plan. Detention systems shall be
150 designed using the 100-year 3-hour storm using the Farmer-Fletcher rainfall
151 distribution.
152 I. Modifications of Standards: Modifications to the standards of this section are allowed
153 as identified in this subsection:
154 1. Applicability. All development sites within the M-1A (Northpoint Light
155 Industrial) zoning district. Development site includes all land under the same
156 ownership that is proposed to be developed as one development area.
157 Development sites can include land that contains multiple parcels or lots.
158 2. Restrictive Covenants: Development limitations elected in connection with
159 modifying a development standard as set forth in this subsection shall be
160 documented by a restrictive covenant in favor of the city recorded on the title of
161 the development site that describes the area that is being voluntarily restricted to
162 modify a zoning standard.
163 3. Land used to allow one modification may not be counted toward allowing another
164 modification.
165 4. Allowed modifications:
166 a. Maximum Lot Area: Approval for lots larger than 10 acres may be granted,
167 provided the buildings and structures are grouped and comply with the
168 following standards:
169 i. The cluster development shall be a minimum of 10 acres.
170 ii. A minimum separation of 15 feet shall be provided between all principal
171 buildings.
172 iii. A minimum of 20% of the area of the lot to be modified is designated as
173 natural open space on the development site, as defined in Section
174 21A.62.040. Natural open space shall, to the greatest extent possible, be
175 contiguous. Fragmented and disconnected small areas scattered
176 throughout the development site including required building separations,
177 and required setback yards, shall not count toward the 20%. Any
V4 7
178 required wetland, canal, or riparian buffers may be counted toward the 20%,
179 b. Maximum Building Façade Length: The maximum building façade length
180 along 2200 West may be increased if natural open space in excess of any
181 required buffer is provided on the development site. The maximum building
182 façade length may increase by 20 feet if 5% of the total non-buffer area of the
183 site is dedicated as natural open space, as defined in Section 21A.62.040, and
184 may increase by an additional 20 feet for every additional 5%. The natural
185 open space dedicated and permanently protected on site shall be no less than
186 7,000 SF and shall, to the greatest extent possible, be contiguous. Fragmented
187 and disconnected small areas scattered throughout the development site, and
188 required setback yards, shall not be counted.
189 c. Maximum Building Footprint Size: The maximum footprint of a building may
190 be increased by complying with one or more of the options below. No more
191 than an additional 100,000 square feet in building footprint will be permitted:
Option Amount of
additional building
square footage
1.Electric Vehicle Parking: Provide a
minimum of 10 electric vehicle
parking spaces on the development
site. 1 ADA electric vehicle stall
shall be provided for every 25
electric vehicle stalls Electric
vehicle parking spaces shall count
toward the minimum required
number of parking spaces. The
electric vehicle parking space shall
be:
a. Located in the same lot as
the principal use;
b. Signed in a clear and
conspicuous manner, such as
special pavement marking or
signage, indicating exclusive
availability to electric
vehicles; and
c. Outfitted with a standard
electric vehicle charging
station.
10,000 SF per 10
parking stalls
2.At least 30% of the roof area of the
building seeking an increase in
40,000 SF
V4 8
footprint shall be devoted to either
solar panels or a vegetated green
roof, or a combination of the two.
3.Designation of natural open space
within the development site, as
defined in Section 21A.62.040.
Natural open space shall, to the
greatest extent possible, be
contiguous. Fragmented and
disconnected small areas scattered
throughout the development, and
required setback yards, shall not
count towards the designated open
space.
Jordan River Transitional Buffer
Area and Wetland Buffers: Land
within the Transitional Buffer Area
or any required wetland buffers may
count as natural open space. The
square footage increase shall be for
a building outside of the required
buffer area on the same
development site and shall include
item #4 below (Inclusion of a
privately-owned public pathway,
trail, or greenway connecting to or
through natural open space areas).
1 SF per 1 SF of
natural open space
4.Inclusion of a privately-owned
public pathway, trail, or greenway
connecting to or through natural
open space areas.
10,000 SF per 1,000
linear feet of trail
25,000 SF per
trailhead. The
trailhead must
include amenities
such as directional
signage, benches,
etc.
5.Providing full retention of site
stormwater with no release to the
public storm drain system and
providing enhanced stormwater
quality practices.
50,000 SF
V4 9
System design to be approved by the
Salt Lake City Public Utilities
Department.
5.Providing detention to the effect that
no more than 0.1 cfs/acre is
discharged for the 100-year 3-hour
storm with the Farmer Fletcher
Rainfall Distribution and providing
enhanced stormwater quality
practices.
System design to be approved by the
Salt Lake City Public Utilities
Department.
35,000 SF
7.The site is developed as an all-
electric property. All-electric
property means a property that
contains no permanently installed
equipment or appliances that utilize
combustion, plumbing for fuel gas
or fuel oil or fuel gas utility
connection, installed within the
building(s) or site, except for
emergency power systems and
standby power systems.
50,000 SF
194
195 1. Amends Section 21A.33.040 Table of Permitted and Conditional Uses for Manufacturing
196 Districts to add the Northpoint Light Industrial Zoning District (M-1A) to the table, with no
197 other revisions, as follows:
198
199 21A.33.040: TABLE OF PERMITTED AND CONDITIONAL USES FOR
200 MANUFACTURING DISTRICTS:
201
Permitted And Conditional Uses By District
Use
M-1 M-2 M-1A
Accessory use, except those that are otherwise specifically regulated
elsewhere in this title
P
Agricultural use P
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Alcohol:
Bar establishment C6,10
Brewpub C6,10
Distillery C19
Tavern C6,10
Winery C19
Ambulance services (indoor and/or outdoor)P
Animal:
Cremation service P
Pet cemetery P2
Stockyard C12
Veterinary office P
Antenna, communication tower P
Antenna, communication tower, exceeding the maximum building
height
C
Artisan food production P19
Bakery, commercial P19
Bio-medical facility P18,19
Blacksmith shop P19
Brewery P19
Building materials distribution P
Bus line station/terminal P
Bus line yard and repair facility P12
Cannabis production establishment P
V4 11
Commercial food preparation P19
Community garden P
Contractor's yard/office C
Crematorium C
Data center P19,21
Daycare center, adult P
Daycare center, child P
Dwelling, living quarters for caretaker or security guard, limited to uses
on lots 1 acre in size or larger and is accessory to a principal use
allowed by the zoning district
P
Equipment, heavy (rental, sales, service)P
Equipment rental (indoor and/or outdoor)P
Financial institution with or without drive-through facility P
Food processing P19
Gas station C
Government facility P
Government facility requiring special design features for security
purposes
P
Grain elevator C12
Greenhouse P
Home occupation P15
Hotel/motel P
Impound lot P12
Industrial assembly P19
Laboratory, medical related P19
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Light manufacturing P19
Limousine service P
Mobile business P
Municipal services uses including City utility uses and police and fire
stations
P
Office P
Office, publishing company P
Open space P
Park P
Parking:
Commercial P
Off site P
Park and ride lot shared with existing use P
Photo finishing lab P19
Printing plant C19
Radio, television station P
Recreation (indoor)P
Recreation (outdoor)P
Recycling:
Collection station P
Processing center (indoor)C19
Research and development facility P19
Restaurant with or without drive-through facilities P11
Retail goods establishment with or without drive- through facility P11
V4 14
Retail service establishment:
Electronic repair shop P
Furniture repair shop P
Upholstery shop P
School:
Professional and vocational (with outdoor activities)P
Professional and vocational (without outdoor activities)P
Seminary and religious institute P
Seasonal farm stand P
Small brewery P19
Solar array P17,19
Storage and display (outdoor)P
Storage, public (outdoor)P
Storage, self P
Store, convenience P
Studio, motion picture P
Taxicab facility P
Technology facility P19
Tire distribution retail/wholesale P
Urban farm P
Utility:
Building or structure P
Solid waste transfer station C12
V4 15
Transmission wire, line, pipe or pole P1
Automobile and truck repair P
Automobile and truck sales and rental
(including large truck)
P
Automobile part sales P
Automobile salvage and recycling (indoor)P19
Recreational vehicle (RV) sales and service C
Truck repair (large)P
Vending cart, private property P
Warehouse P19
Welding shop P19
Wholesale distribution P19
Woodworking mill P19
207 Qualifying provisions:
208 1. See Subsection 21A.02.050.B of this title for utility regulations.
209 2. Subject to Salt Lake Valley Health Department approval.
210 3. Electric generating facilities shall be located within 2,640 feet of an existing 138 kV or
211 larger electric power transmission line.
212 4. No railroad freight terminal facility shall be located within 1 mile of a Residential
213 Zoning District.
214 5. Pursuant to the requirements set forth in Section 21A.36.140 of this title.
215 1. If a place of worship is proposed to be located within 600 feet of a tavern, bar
216 establishment, or brewpub, the place of worship must submit a written waiver of
217 spacing requirement as a condition of approval.
218 2. Building additions on lots less than 20,000 square feet for office uses may not exceed
219 50 percent of the building's footprint. Building additions greater than 50 percent of the
220 building's footprint or new office building construction are subject to a design review.
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221 3. A community correctional facility is considered an institutional use and any such
222 facility located within the AFPP Airport Flight Path Protection Overlay District is
223 subject to the land use and sound attenuation standards for institutional uses of the
224 applicable Airport Influence Zone within Section 21A.34.040 of this title.
225 4. No check cashing/payday loan business shall be located closer than 1/2 mile of other
226 check cashing/payday loan businesses.
227 5. Subject to conformance with the provisions in Section 21A.36.300, "Alcohol Related
228 Establishments", of this title.
229 6. Subject to conformance to the provisions in Section 21A.40.060 of this title for drive-
230 through use regulations.
231 7. Prohibited within 1,000 feet of a Single- or Two-Family Zoning District.
232 8. Prohibited within the Eco-Industrial Buffer Area of the Northwest Quadrant Overlay
233 District.
234 9. Prohibited within the Development Area of the Northwest Quadrant Overlay District.
235 10. Allowed only within legal conforming single-family, duplex, and multi-family
236 dwellings and subject to Section 21A.36.030 of this title.
237 11.Prohibited within 1/2 mile of any Residential Zoning District boundary and subject to
238 Section 21A.36.110 of this title.
239 12.Prior to issuance of a building permit in the M-1A District, Development Area and the
240 Eco-Industrial Buffer Area of the Northwest Quadrant Overlay, consultation with the
241 Utah Division of Wildlife Resources is required to obtain recommendations on siting
242 and equipment types for all solar arrays on a particular property to mitigate impacts to
243 wildlife.
244 13. Prohibited within 1/2 mile of a residential use if the facility produces hazardous or
245 radioactive waste as defined by the Utah Department of Environmental Quality
246 administrative rules.
247 14. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1.
248 15. Prohibited in the IP Inland Port Overlay District. See Subsection 21A.34.150.B.2.f.
249 16. Prohibited on the North Temple Landfill site as identified in the Northwest Quadrant
250 Master Plan.
251 17.Data centers may be permitted provided they utilize a closed-loop cooling system.
252
253 2. Amends Subsection 21A.36.010.B.2, as follows:
254
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255 1. Lots in the RP, BP, M-1, M-2, M-1A, AG, AG-2, AG-5, AG-20, A, OS, NOS, and EI
256 Districts may have multiple buildings on a single lot regardless of street frontage and
257 subject to meeting all other zoning regulations.
258
259 4. Amends Subsection 21A.36.010.E, as follows:
260
261 E. Flag Lots Iin Nonresidential Districts: In the CG, BP, RP, M-1, and M-2, and M-1A
262 Districts, flag lots shall be permitted, subject to subdivision regulations; provided, that:
263 1. As part of new subdivisions or through the planned development process only when
264 the flag lot is proposed at the rear of an existing parcel;
265 2. The flag lot access strip shall have a minimum of twenty four feet (24') of frontage on
266 a public street; and
267 3. The City subdivision review process determines the following: that
268 a. Iit is not desirable or necessary to extend a public street to access the parcel., and
269 b. The existing lot and site layout is not conducive to private street development.
270
271 5. Amends the table in Subsection 21A.37.060.C to add the Northpoint Light Industrial Zoning
272 District (M-1A) to the table as follows:
273 C. Manufacturing Districts:
DistrictStandard (Code Section)
M-1 M-2 M-1A
Ground floor use (%) (21A.37.050A1)
Ground floor use + visual interest (%) (21A.37.050A2)
Building materials: ground floor (%) (21A.37.050B1)
Building materials: upper floors (%) (21A.37.050B2)
Glass: ground floor (%) (21A.37.050C1)
Glass: upper floors (%) (21A.37.050C2)
Building entrances (feet) (21A.37.050D)
Blank wall: maximum length (feet) (21A.37.050E)
Street facing facade: maximum length (feet)
(21A.37.050F)
V4 18
Upper floor step back (feet) (21A.37.050G)
Lighting: exterior (21A.37.050H)X X X
Lighting: parking lot (21A.37.050I)X X X
Screening of mechanical equipment (21A.37.050J)
Screening of service areas (21A.37.050K)
Ground floor residential entrances (21A.37.050L)
Parking garages or structures (21A.37.050M)
275
276 6. Amends Table 21A.40.090.E to add the Northpoint Light Industrial Zoning District (M-
277 1A) to the table under “Commercial/manufacturing districts” with no other revisions to the
278 table, as follows:
V4 18
279
280 TABLE 21A.40.090E
281 WIRELESS TELECOMMUNICATIONS FACILITIES
Monopole With Antennas And
Antenna Support Structure
Less Than 2' Wide 3
Monopole With Antennas And
Antenna Support Structure
Greater Than 2' Wide 3
Wall
Mount 3
Roof
Mount 3
District Height
Limit But Not
To Exceed 60'
(Whichever Is
Less)
60' Or
Exceeding
The
Maximum
Height Limit
Of The Zone
District Height
Limit But Not
To Exceed 60'
(Whichever Is
Less)
60' Or
Exceeding
The
Maximum
Height Limit
Of The Zone
Lattice
Tower
Commercial/manufa
cturing districts:
M-1A P P P C P C C
282
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283
284 7. Amends Subsection 21A.44.040.A.4 as follows:
285 4. The maximum parking limit does not apply to properties in the M-1, M-2, M-1A, BP, or
286 Airport zoning districts that are located west of the centerline of Redwood Road.
287
288 8. Amends Table 21A.44.060-A to add the Northpoint Light Industrial Zoning District (M-
289 1A) to the table under “GENERAL CONTEXT” and “Commercial and Manufacturing (CC, CS,
290 CG, M-1, M-2, SNB)” with no other revisions to the table, as follows:
TABLE 21A.44.060-A: PARKING LOCATION AND SETBACK REQUIREMENTS:
N = parking prohibited between lot line and front line of the principal building
Zoning
District
Front Lot Line Corner Side Lot
Line
Interior Side Lot Line Rear Lot Line
GENERAL CONTEXT
Commercial and Manufacturing (CC, CS, CG, M-1, M-2, SNB)
CC 0 ft.; or 7 ft. when abutting any residential
district
CS
15 ft.
CG N.
See also Subsection 21A.26.070 .I
M-1
0 ft.; or 15 ft. when abutting any residential
district
M-2
M-1A
15 ft.
0 ft.; or 50 ft. when abutting any residential
district
291
292 9. Amends Table 21A.44.060-C as follows:
TABLE 21A.44.060-C: MINIMUM AND MAXIMUM DRIVE APPROACH WIDTH:
Zoning District Minimum Drive Approach Width
(in front and corner side yard)
Maximum Drive Approach
Width* (in front and corner
side yard)
SR-1, SR-2 and SR-3 8 ft.22 ft.
MH 8 ft.16 ft.
Other Residential Zoning
Districts
8 ft.24 ft.
M-1 and M-2
Manufacturing Districts
12 ft. single lane and 24 ft. for two-
way
30 ft.
V4 20
Other Non-Residential
Zoning Districts
12 ft. single lane and 24 ft. for two-
way
30 ft.
* All drive approaches serving residential uses shall be a minimum eight feet (8’) wide.
294
295 10. Amends Subsection 21A.44.090.A.4.a as follows:
296 a. The property is located in a CG, M-1, M-2, M-1A, or EI zoning district.
297
298 11. Amends Section 21A.44.100.B.2 as follows:
299 2. Except in the M-1, M-2, M-1A, CG, and D districts, no cleaning or maintenance of
300 loading areas using motorized equipment may be performed between ten o'clock (10:00)
301 P.M. and seven o'clock (7:00) A.M. each day, except for snow removal.
302
303 12. Amends the preamble to Section 21A.46.055 as follows:
304 Pursuant to the terms and conditions set forth in this section, attended portable signs shall be
305 allowed on public property in Residential/Business (RB), Residential/Mixed Use (R-MU),
306 Neighborhood Commercial (CN), Community Business (CB), Community Shopping (CS),
307 Corridor Commercial (CC), Sugar House Business (CSHBD), General Commercial (CG),
308 Light Manufacturing (M-1), Heavy Manufacturing (M-2), Northpoint Light Manufacturing
309 (M-1A), Central Business (D-1), Downtown Support (D-2), Downtown
310 Warehouse/Residential (D-3), Downtown Secondary Central Business (D-4), Gateway-
311 Mixed Use (G-MU) and Business Park (BP) Zoning Districts.
312
313 13. Amends Section 21A.46.100 as follows:
314 21A.46.100: SIGN REGULATIONS FOR MANUFACTURING DISTRICTS:
315 The following regulations shall apply to signs permitted in the manufacturing districts. Any
316 sign not expressly permitted by these district regulations is prohibited.
317 A. Sign Regulations Ffor Tthe M-1 And M-2 Manufacturing Districts:
318 1. Purpose: Sign regulations for the M-1 and M-2 manufacturing districts are
319 intended to provide for appropriate identification of industrial and manufacturing
320 uses. Signage should enhance the aesthetics of the districts, rather than clutter the
321 area. Supportive commercial signage should be in scale with industrial signage.
322 2. Applicability: Regulations in subsection A3 of this section shall apply to all lots
323 within the M-1, and M-2, and M-1A districts.
324 3. Sign Type, Size Aand Height Standards:
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325
326 STANDARDS FOR THE M-1 AND M-2 MANUFACTURING DISTRICTS
327 [Note to codifier: aside from the title, there are no changes to the table or any of the notes
328 thereto.]
329 4. Supplementalry Regulations:
330 a. Lot Frontage Requirements: A minimum lot frontage of one hundred feet
331 (100’) shall be required for pole signs or monument signs.
332
333 14. Amends Subsection 21A.48.060.D as follows:
334 D. Landscape Buffer Standards:
District When Abutting 1
Required
Landscape /
Freeway Buffer
Widths
All districts (except Single-
and Two- Family, Foothill,
Special Development
Pattern, SNB, FB-UN1, and
those districts listed below
that require a greater buffer
width)
Single- and Two- Family,
Foothill, & Special Development
10’
All districts Freeway 2 20’
All other non-residential
districts (except SNB, FB-
UN1, and those districts
listed below that require a
greater buffer width)
RMF-30, RMF-35, RMF-45, &
RMF-75 10’
M-1 & M-1A
Any district that allows
residential uses, AG districts, &
OS
15’
Any district that allows
residential uses 50’
M-2
AG districts & OS 30’
BP & RP All residential districts (in
Chapter 21A.24)30’
EI All districts 30’
MH All districts 20’
1. Or when required elsewhere by this title.
V4 22
2. The zoning administrator may approve a reduced freeway buffer if there’s an
existing sound wall or required off-street parking cannot be met. If such a reduction
is necessary, the buffer may not be less than 10’ in width.
Landscape Buffer Standards
1 tree for every 30 linear feet of landscape buffer.
1 shrub every 3 feet, with a mature height of no less than 4’, along the entire length
of the buffer.
A 6-foot solid fence along the length of the required landscape buffer unless
modified by the zoning administrator to better meet the fence height provisions in
Section 21A.40.120.
Turf is limited to active recreation areas.
Freeway Landscape Buffer Standards (buffer standards for those properties
abutting a freeway)
1 tree for every 15 linear feet of required freeway landscape buffer. Trees shall be
staggered along the length of the buffer.
100% coverage required, may include adaptive or native grasses, wildflower, and
shrubs. Turf is prohibited.
336
337
338 15. Amends Table 21A.55.060 to add the Northpoint Light Industrial Zoning District (M-1A)
339 to the table under “Manufacturing districts” with no other revisions to the table, as follows:
340 TABLE 21A.55.060
341 PLANNED DEVELOPMENTS
District Minimum Planned
Development Size
Manufacturing districts:
M-1 Light Manufacturing District No minimum required
M-2 Heavy Manufacturing District No minimum required
M-1A Northpoint Light Manufacturing District No minimum required
342
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: Austin Kimmel
Public Policy Analyst
DATE:December 10, 2024
RE: ORDINANCE: ECONOMIC DEVELOPMENT LOAN FUND LOAN TO FRONTIER FRUIT,
LLC, AT 1388 SOUTH 300 WEST
MOTION 1 – ADOPT ORDINANCE
I move that the Council adopt the ordinance approving a $350,000 loan for Frontier Fruit,
LLC, from the Economic Development Loan Fund.
MOTION 2 – NOT ADOPT
I move that the Council not adopt the ordinance, and proceed to the next agenda item.
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: Austin Kimmel
Public Policy Analyst
DATE:December 10, 2024
RE: ORDINANCE: ECONOMIC DEVELOPMENT LOAN FUND LOAN TO FRONTIER FRUIT,
LLC, AT 1388 SOUTH 300 WEST
ISSUE AT-A-GLANCE
The Council will consider approving a loan from the City’s Economic Development Loan Fund (EDLF) to a
business called Frontier Fruit, LLC, at 1388 South 300 West. Frontier Fruit, LLC is a taproom offering craft
beers and artisanal spirits. The City’s Economic Development Loan Committee recommends the Council
approve a $350,000 loan at a 9.50% interest rate over seven years. This loan will assist in the creation
of 19 new jobs in the next year and the retention of 11 existing jobs. Funds will also pay for machinery &
equipment, furniture & fixtures, leasehold improvements, and contingencies.
The interest rate reflects the 8.50% prime rate at the time of the application (March 20, 2024) plus the standard
EDLF four percentage points. The project did qualify for a three percentage-point reduction based on location
within a priority area (State Street RDA Project Area), with low to moderate income, and sustainability (see
section B below).
The business is considered a startup business, which is typically limited to a maximum loan amount of
$100,000. However, under current EDLF loan criteria, “the Loan Committee may approve exceptions if the
personal guarantor’s ownership or equivalent in a comparable industry exceeds 3 years.” In this case, the
business owner has 15 years of experience in the industry. Previous loans over $100,000 for startup businesses
have been approved for the same exception cited in this case: one in 2021 and another earlier this year.
Council Members may recall approving a loan for another business at this address in June 2024: Shades of Pale,
Inc. The businesses are separate entities that share a retail space at a new commercial site known as The Engine
Block. The business owner of Frontier Fruit, LLC had previous connections to Shades of Pale, Inc., but divested
ownership at the end of 2023 and founded Frontier Fruit, LLC at the beginning of 2024.
Item Schedule:
Briefing: December 10, 2024
Public Hearing: N/A
Potential Action: December 10, 2024
Page | 2
Council staff reminder: EDLF loans are now scheduled for a vote on the same day as the briefing, so this is
scheduled for action on the December 10 formal meeting agenda.
Goal of the briefing: Consider a potential $350,000 loan from the Economic Development Loan Fund to
Frontier Fruit, LLC.
ADDITIONAL AND BACKGROUND INFORMATION
A.Interest Rates. For context, the nationwide median rates for urban small business commercial and
industrial loans in the second quarter of 2024 (the most recent data available) were 7.77% for fixed-rate
loans and 8.88% for variable rate loans, according to the most recent U.S. Federal Reserve Small Business
Lending Survey*. In the second quarter of 2022, these rates were 4.50% and 5.55% respectively. Interest
rates for EDLF loans consider an assessment of the risk level of different applicants, among other factors,
and include potential interest rate reductions. Interest rates have ranged from 7.25% for nearly all 2022
EDLF loans to an average of 9.55% in 2023 and 2024.
*Source: Small Business Lending Survey, New Small Business Lending Declines as Credit Standards
Continue to Tighten. Consulted on October 29, 2024, at
https://www.kansascityfed.org/surveys/small-business-lending-survey/new-small-business-lending-
declines-as-credit-standards-continue-to-tighten/.
B.Interest Rate Reductions. The bases for potential reductions are as follows:
1.Location within a priority area: RDA Project Area; Opportunity Zone; West of I-15; or
Neighborhood Business Improvement Program (NBIP, previously known as Façade Improvement)
target area.
2.Socially and Economically Disadvantaged Individuals (SEDI)-Owned Businesses: 51%
of the business is owned by at least one SEDI individual.
3.Low Income Business Owner: Income does not exceed 80% of Salt Lake County average
median income (AMI) as defined by the U.S. Department of Housing and Urban Development
(HUD).
4.Sustainability: Either,
a. Membership in SLC Green’s E2 Business Program; or
b. Loan proceeds will be used for the purchase of electric vehicles, electric vehicle charging
stations and infrastructure, renewable energy including but not limited to wind and solar, heat
pumps, high efficiency equipment, and/or energy efficiency.
The interest rate reductions applied to this application are detailed below:
Frontier Fruit, LLC
8.50% prime rate
+ 4% ELDF charge
– 1% for location within a priority area
– 1% for low to moderate income
– 1% for sustainability
___________________________
9.50% final interest rate
C.Program. The EDLF is administered by the Department of Economic Development, which is charged with
maintaining the corpus of the EDLF in a manner sufficient to perpetuate the program's goals. Each loan
application is pre-screened, and an underwriting analysis and economic impact statement are completed
Page | 3
before an application may be recommended for Loan Committee (see below) review. Information on
successful applications is transmitted to the Council to consider for final approval.
D.Available balance and amount of outstanding loans. The Department reported that the Fund’s
available balance was approximately $8,200,000 on September 30, 2024, and outstanding loans totaled
$4,597,617.49 on October 31.
E.EDLF Committee Membership. The Department of Economic Development lists nine members of the
EDLF Committee as follows:
City Employees Community Volunteers
1. Finance Director, Community and
Neighborhoods Department
2. Salt Lake City Business Advisory Board (BAB)
member
3. Representative of the Mayor’s Office 4. Banker
5. Salt Lake City employee at large 6. Community lender
7. Representative of the Division of Housing
Stability
8. Business mentor
9. Director, Department of Economic
Development
10.
POLICY QUESTIONS
1. The Council may wish to have a policy discussion with the Administration about interest rates charged by
the City from this and other loan funds and whether it makes sense to reevaluate how interest rates are
determined for lenders, especially since the City typically offers loans as a lender-of-last-resort.
2. The Council may wish to ask the Administration whether the EDLF Committee considered any other unique
information about this business that would help Council Members evaluate how this application compares
to others. For example, are risk factors evaluated for each company, like outstanding loans, years in
business, etc.?
3.What outreach does the Department do to ensure a diverse pool of businesses successfully applies to the
EDLF? Are applications from diverse owners, particularly those whose businesses are located on the
Westside, offered additional support through the application process? Does EDLF staff have ideas for
improving access that would benefit from program changes or additional funding?
4. The Council may wish to request a more general update on EDLF use and processes. This could include the
number of applications, review criteria used, loan program goals, etc.
Item C2
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
tinyurl.com/SLCFY25
TO:City Council Members
FROM: Ben Luedtke and Sylvia Richards
DATE:December 10, 2024 UPDATED 6:34PM
RE: Budget Amendment Number Two of FY2025
MOTION 1 – ADOPT ALL ITEMS
I move that the Council adopt an ordinance amending the Fiscal Year 2025 final budget of Salt Lake City
including the employment staffing document only for items as shown on the motion sheet. I further move that
the Council adopt a legislative intent statement requesting the Administration provide a written report to the
Council evaluating the management, budget, policy, oversight, and other considerations for the City Prosecutor’s
Office structure and operations under the existing interlocal agreement model vs alternative models including
bringing the functions back into the City Attorney’s Office.
Staff note: Council Members do not need to read the individual items being approved below; they are
listed for reference.
A-1: Purchase Additional City Fleet Vehicles ($3.9 Million one-time from the Fleet Maintenance
Fund Balance)
A-2: Enhanced Security Improvements at the Justice Court ($200,000 from General Fund Balance then
ongoing)
A-3: Community Oriented Policing Services or COPS Hiring Grant from the U.S. Department of
Justice for Two New Sergeants and 10 New Police Officers ($1 Million from Nondepartmental
Holding Account and $617,673 from General Fund Balance of which $689,953 is ongoing)
A-4: Vehicles, Equipment, and Related Police Officer Costs Not Covered by the Homeless Shelter Cities
State Mitigation Grant ($877,832 one-time from General Fund Balance of which $498,692 is ongoing)
A-5: Downtown Capital City Revitalization Zone 0.5% Sales Tax Budget ($25,982,860 ongoing in a new
dedicated fund)
A-6: 3200 West Complete Street Additions ($100,000 one-time from the Quarter-cent Sales Tax for
Transportation Fund Balance)
D-1: City Hall Earthquake Repair Insurance Funds Rescope ($3,488,282 rescope in the CIP Fund)
D-2: Fleet Encumbrance Reappropriation ($10,580,117 from Fleet Fund)
D-4: Landfill Projects ($7 Million one-time in the CIP Fund; Budget Neutral from County
Reimbursements)
D-5: Additional Funding for Kensington Neighborhood Byway (Rescope $103,182 of CIP funds and
$42,833 of transportation impact fees both from a cancelled project)
D-6: Racial Equity in Policing Commission Recommended Trainings for the Police Department
($240,950 one-time from the Nondepartmental Public Safety Reform Holding Account)
D-7: Prosecutor’s Office Changes since Budget Amendment #1 ($280,269 back to General Fund
Balance; removing City Prosecutor FTE; and Rescope $50,000 in the CIP Fund for Fifth Floor of City
Hall feasibility and structural study)
D-8: 911 Department Reclassifying Two Positions (Budget Neutral)
D-9: University of Utah Donation for Sunnyside Park Improvements ($4,200,000 one-time)
Note: per the donation agreement as part of item F-2, “the City shall deposit the Donation into
a special donation fund managed by City's finance department ("Special Revenue Fund"). City
shall use the Donation solely for the Project (and not for deferred maintenance or repairs
except as required to accomplish new, renovated, or upgraded amenities and infrastructure),
except that the City may use a portion of the Donation to mitigate the loss of the softball fields
currently in Sunnyside Park to other City parks, per City requirements ("Field Mitigation")
provided that City first deposits an equal amount into the Special Revenue Fund prior to
expending any such funds on the Field Mitigation guaranteeing that at least $4,200,000 will
be invested in Sunnyside Park.”
D-10: Expense Budget Transfer from Non-departmental to the Police Department and Fire Department
for Wages ($2,131,513 from Non-departmental; $1,047,521 to the Fire Department and $1,083,992 to
the Police Department)
E-1: TTIF 200 South Transit Corridor Project ($1,800,000 from Misc. Grants Fund)
E-2: TTIF 400 South Multi-Use Trail ($6,356,000,000 from Misc. Grants Fund)
E-3: TTIF West Temple Bike Transit Connections ($1,326,000 from Misc. Grants Fund)
E-4: TTIF Westpointe/Jordan Meadows Neighborhood Byway ($900,000 from Misc. Grants Fund)
E-5: FY24 COPS Law Enforcement Mental Health and Wellness Act ($98,786 from Misc. Grants Fund)
E-6: FY 24 COPS Hiring Program ($1,500,000 from Misc. Grants Fund)
F-2: University of Utah Sunnyside Donation ($4,200,000 from Donations Fund)
G-1: Mental Health Services to First Responders ($47,556 from Misc. Grants Fund)
G-2: Utah State Board of Education Snack Grant ($6,000 from Misc. Grants Fund)
G-3: State of Utah, Department of Public Safety, Bureau of Emergency Medical Services (BEMS)
($9,642 from Misc. Grants Fund)
G-4: Emergency Management Performance Grant ($18,000 from Misc. Grants Fund)
I-1: City Hall Physical Security Improvements Holding Account Release ($123,133 one-time)
I-2: Request to Reappropriate Funds for Reconnecting Communities Federal Grant for Local Match
($1.24 Million – Funding Our Future’s Fund Balance)
I-3: Ivory University House Student Housing Project ($330,000 from FOF for Year One / FOF Housing
Allocation to CAN for Years Two through Five)
I-4: Informal Public Benefits Analysis: Utility Rate Stabilization Fee Waiver
I-5: Aligning Appointed Pay Plan with the Council Office Staffing Document
MOTION 2 – NOT ADOPT
I move that the Council proceed to the next agenda item.
COUNCIL STAFF
REPORT
CITY COUNCIL of SALT LAKE CITY
tinyurl.com/SLCFY25
TO:City Council Members
FROM: Ben Luedtke, Sylvia Richards
Budget and Policy Analysts
DATE: December 10, 2024
RE: Budget Amendment Number 2 of Fiscal Year (FY) 2025
NEW INFORMATION
At the November 19 briefing, the Council passed three straw polls support of A-1, A-3, and A-4. The straw polls are
for initiating paperwork to purchase police vehicles while the manufacturer is still accepting orders, and early job
advertising for the 12 new police officers partially funded by the COPS hiring grant to help ensure they can
participate in the January academy instead of waiting for the next academy in May. Straw polls indicate the
Council’s informal position on an item but are nonbinding and do not guarantee how the Council will vote. Below
are new write-ups for items D-5, I-4, and I-5, and an updated vacancy report. The Council may consider closing the
public hearing and adopting some or all items at the December formal meetings.
D-6: Racial Equity in Policing Commission Recommended Trainings for the Police Department
($240,950 one-time from the Nondepartmental Public Safety Reform Holding Account)
The Commission on Racial Equality in Policing (CREP) has recommended that the City initiate training for members
of the Police Department on the history of policing in marginalized communities. This item would fund three new
one-time trainings. If the Council approved this funding request, then $1,290,439 would remain available in the
public safety reform holding account for future uses. The trainings are intended to be developed and delivered, if
possible, by local community-based trainers. A request for proposal would be developed to select the trainings.
I-4: Informal Public Benefits Analysis: Utility Rate Stabilization Fee Waiver
At the November 12th meeting, the Council approved an amendment to the Consolidate Fee Schedule to allow for a
waiver of the stabilization fee on water and sewer accounts if the line was unused for longer than 18-months. In
accordance with Utah State Code 10-8-2, Council will include this item as part of the budget amendment to
establish the minimal budget impact to the Utility. The waiver of fees will constitute less than a 1 percent impact to
the Utility budget for the fiscal year. (10-8-2 (2)(b))
I-5: Aligning Appointed Pay Plan with the Council Office Staffing Document
See Attachment 4 for the red lined version of the Appointed Pay Plan. Several changes are shown in the Council
Office section including removing positions that no longer exist and adjusting titles and pay grades. All the changes
are to bring the Appointed Pay Plan into alignment with the FY2025 staffing document the Council adopted as part
of the last annual budget. There are no budget impacts from updating the Appointed Pay Plan.
Project Timeline:
1st Briefing: November 19, 2024
2nd Briefing & Public Hearing: Dec. 3, 2024
3rd Briefing & Potential Adoption Vote:
December 10, 2024
Updated Vacancy Report
The Finance Department
provided a vacancy report dated
October 25, 2024, which is
summarized in the table to the
right. It’s organized from most to
least year-to-date (YTD) savings.
This is a snapshot of current full-
time positions that are unfilled by
the department. The report found
193 vacant positions in the City.
This report excludes several types
of positions if they are grant
funded, seasonal or part-time,
and some FTEs in the 911, Fire,
and Police Departments that are
authorized but unfunded to help
with turnover (such as hiring
entry level positions shortly
before expected retirements /
terminations). This report only
reflects the current fiscal year so
covering the period of July 1 –
October 25. It does not reflect
positions that have been vacant across multiple fiscal years. During the annual budget the Council requested that the
Administration include vacancy analyses as part of the hybrid zero-based budgeting / program-based budgeting
effort. Note the table shows both General Fund departments and enterprise fund departments. The 193 vacant
positions are approximately 5.5% of all FTEs in the City.
Policy Question:
Regular Vacancy Reports – The Council may wish to request that the Administration include regularly
updated vacancy reports with budget amendments similar to how impact fees tracking reports are regularly
provided. The Council could also request that departments provide updates on plans to address significant
staffing issues such as a high number of vacancies, or key leadership positions that are vacant.
Information below this line was provided at earlier briefings
Budget Amendment Number Two includes 31 proposed amendments with $54,211,296 in revenues and $73,124,104
in expenditures of which $3,477,524 is from General Fund Balance. The amendments are across seven funds with
twelve proposed general fund positions for new police officers and one position (City Prosecutor) being removed
that was previously added in Budget Amendment #1. Most expenses in this budget amendment are housekeeping
items found in section D. One of these funds will be a new fund associated with the Downtown Capital City
Revitalization Zone 0.5% sales tax. The amendments also include six new initiatives in section A and additional
housekeeping and grant related items, and one donation-related item. There are also four Council-added items.
Fund Balance
If all the items are adopted as proposed, including all the Council-added items, then the General Fund Balance
would be projected at 13.9% which is $4,627,100 above the 13% minimum target.
Tracking New Ongoing General Fund Costs for the Next Annual Budget
The table of potential new ongoing General Fund costs for the FY2026 annual budget is available as Attachment 1
at the end of this document. If all the items in Budget Amendment #2 are adopted as proposed by the
Administration, then the FY2026 annual budget could have $1,704,055 of new ongoing costs. The total new
ongoing costs from Budget Amendments 1 through 2 would be $6,207,570. Note that of the total cost, $4.1 million
would be needed if the Homeless Shelter Cities State Mitigation grant is not available for FY2026.
Straw Poll Requests
The Administration is requesting straw polls for three items listed below. Note that straw polls are an informal
indication of the Council’s support and are not legally binding. All three of the straw polls are being requested to
allow Fleet to begin paperwork to help meet the ordering window for purchasing police vehicles. There is no closing
Department
Estimated
Salary Savings
YTD
# of
Vacant
Positions
% of
Department's
Total FTEs
Airport 578,011$ 38 5.7%
911 450,896$ 24 24.0%
Police 412,169$ 35 4.6%
Public Utilities 359,453$ 28 5.9%
Fire 216,582$ 18 4.4%
Community & Neighborhoods 185,406$ 11 5.6%
City Council 112,464$ 4 10.3%
Attorneys Office 107,715$ 4 6.0%
Public Lands 97,007$ 9 5.4%
Finance 77,819$ 3 3.5%
Public Services 66,333$ 9 3.3%
RDA 64,222$ 2 5.7%
Economic Development 56,477$ 3 12.8%
HR 35,448$ 2 6.0%
Sustainability 13,984$ 2 3.1%
IMS 7,906$ 1 1.0%
Grand Total 2,841,892$ 193 5.5%
date, however, the manufacturer will stop accepting orders once available builds are filled, which is unpredictable.
Item A-1: Purchase Additional City Fleet Vehicles by using $3.9 million from the Fleet Maintenance Fund Balance
Item A-3: FY 24-25 COPS Hiring Program Grant to allow early job advertising to help ensure recruits can participate
in the January training academy
Item A-4: FY 24-25 Vehicles, Equipment, and Related Police Officer Costs Not Covered by the Homeless Shelter
Cities State Mitigation Grant
BACKGROUND/DISCUSSION:
No adjustments to the revenue budget are anticipated at this time.
Fund Balance Chart
The Administration’s chart below shows the current General Fund Balance figures. Fund balance has been updated to
include proposed changes for BA#1. Note that some Council-added items are proposed to use more from Fund Balance
that shown in the table below.
FUND BALANCE CHART
Based on those projections adjusted fund balance is projected to be at 14.29%. The additional Council-added items
would result in a Fund Balance projected to be at 13.9%.
A summary spreadsheet outlining proposed budget changes is attached. The Administration
requests this document be modified based on the decisions of the Council.
The budget opening is separated in eight different categories:
A.New Budget Items
B.Grants for Existing Staff Resources
C.Grants for New Staff Resources
D.Housekeeping Items
E.Grants Requiring No New Staff Resources
F.Donations
G.Council Consent Agenda Grant Awards
I.Council Added Items
PUBLIC PROCESS: Public Hearing
Vacancy Report (193 Vacant Positions)
The Finance Department provided a vacancy
report dated October 25, 2024 which is
summarized in the table to the right. This is a
snapshot in time of current full-time positions
that are unfilled by department. The report
found 193 vacant positions in the City. This
report excludes several types of positions if they
are grant funded, seasonal or part-time, and
some FTEs in the 911, Fire, and Police
Departments that are authorized but unfunded
to help with turnover (such as hiring entry level
positions shortly before expected retirements /
terminations). This report only reflects the
current fiscal year so covering the period of July
1 – October 25. It does not reflect positions that
have been vacant across multiple fiscal years.
During the annual budget the Council requested
that the Administration include vacancy
analyses as part of the hybrid zero-based
budgeting / program-based budgeting effort.
Impact Fee Unallocated “Available to Spend” Balances and Refund Tracking
Updated balances of impact fees are anticipated to be available later this month. There is one item (D-5) in this budget
amendment that would rescope transportation impact fees from one project to another. There are no proposed new
appropriations of impact fees at the time of publishing this staff report.
Section A: New Items
Note: to expedite the processing of this staff report, staff has included the Administration’s descriptions from the
transmittal for some of these items.
A-1: Purchase Additional City Fleet Vehicles ($3.9 Million one-time from the Fleet Maintenance
Fund Balance)
The Administration is requesting $3.9 million of one-time previously appropriated but unspent Fleet funding for
the purchase of vehicles as follows:
Department Current Acquire & Capital
Cost
Number Of Assets
CED $147,980.46 4
Fire $1,900,000.00 1
Police $464,625.75 5
Streets $1,381,834.61 5
Grand Total $3,894,440.82 15
If this item is approved by the Council, the Administration estimates the amount remaining in the Fleet Fund will be
$1.5 million, which is historically much lower than previous years. In response to the question as to whether Fleet has
a new policy not to maintain a fund balance, Fleet Administration indicated the following:
“ Fleet's budget is divided into two funds, Maintenance and Replacement. Internal service funds, in this case Fleet's
Maintenance Fund, should never carry a large fund balance as it is an internal operation for departments in the City.
The Fleet "new vehicle fund" (aka replacement fund) should carry a minimal fund balance.”
A-2: Enhanced Security Improvements at the Justice Court ($200,000 from General Fund Balance
then ongoing)
In August of 2024, the Justice Court Administration received a Vulnerability Assessment Report which evaluated the
Court’s security both inside and outside the Court building. The Administration is requesting $200,000 in ongoing
funding for security improvements at the Justice Court.
The Court may need to make future funding requests to implement other recommendations but may also satisfy those
needs through the Department of Public Service Safety and Security via a CIP application. This budget amendment
request addresses the primary and time sensitive need of the Court at this time, according to the report.
Policy Question:
Potential Efficiencies by Combining Security between City Facilities – Council Members may wish to ask
the Administration whether efficiencies could be gained by combining Justice Court security efforts with City Hall,
Washington Square, and Library Plaza security.
A-3: Community Oriented Policing Services or COPS Hiring Grant from the U.S. Department of
Justice for Two New Sergeants and 10 New Police Officers ($1 Million from Nondepartmental
Holding Account and $617,673 from General Fund Balance of which $689,953 is ongoing)
This item is related to item E-6 later in the staff report which is the budget step to accept the $1.5 million grant
from the DOJ. A-3 is the required local match from the City’s General Fund.
The City was awarded $1.5 million from the U.S. Department of Justice’s Community Oriented Policing Services
or COPS hiring grant. It partially funds 12 new police officer FTEs that will form two squads dedicated to the
Jordan River Trail and surrounding neighborhoods. The grant requires the City to maintain employment of the
new police officers for at least 12 months after the 36 months that the grant helps pay for. Historically, the City
has successfully applied for and received COPS hiring grants multiple times and has retained the officers beyond
the required four-years.
Over the four-year term, the grant provides $1.5 million and the General Fund will need to budget $5,480,115. The
table below breakout these estimated costs by fiscal year. When the grant term ends, $2,071,325 is the fully loaded
estimated annual cost for the General Fund to continue employing the 12 new police officer FTEs.
In the annual budget, the Council created a $1 million holding account in Nondepartmental for TBD Jordan River
trail service level improvements. The funds were intentionally left flexible to respond to different needs along the
river and adjacent trail. The Administration is proposing to use the full $1 million to help meet the required
$1,617,673 local matching funds for the COPS hiring grant. The remaining $617,673 would come from General
Fund Balance.
This item would approve ongoing costs that would be covered by the General Fund this fiscal year for:
$383,228 for the local match of salaries and benefits,
$306,725 for equipment and supplies, and
$45,720 for 12 body cameras and associated software licenses
One-time costs covered by the General Fund include:
$787,800 transfer to the Fleet Fund for new vehicles, and
$94,200 transfer to the IMS Fund for computers, software, mobile data terminals, and radios
Timing of New Jordan River Trail Police Squads and Police Department Staffing Update
The Department reports an academy class is scheduled to begin in January. New recruits typically take 10 months
to complete the academy and field training. When the 12 new recruits complete training they will be placed in
patrol positions and a corresponding 12 experienced patrol officers will be transferred into the new Jordan River
police squads. The public could start seeing the newly created squads in October or November next year. The
Department is recommending this approach to avoid creating a shortfall in patrol staffing levels.
If this item is approved, then the total staffing of police officers would increase to 630 FTEs (not counting 20
authorized but unfunded positions to help reduce turnover fluctuations). This includes 598 police officers paid by
the General Fund, and 32 partially or fully covered by grants: 1 for the DEA Metro Narcotics Task Force, 12 from
this new COPS hiring grant, and 19 by the Homeless Shelter Cities State Mitigation Grant.
The Departments reports 12 police officers are currently unavailable due to being on leave and 46 are in training.
STRAW POLL REQUEST: The Administration is requesting a straw poll on the $787,800 for new police vehicles
so the Fleet Division may initiate paperwork to place the order while the manufacturer is still accepting new
orders. The purchase order could not be finalized until the Council formally votes to adopt this budget item.
Vehicle manufacturer ordering windows have become less predictable in recent years. Some Council Members
have also proposed including early job advertising of the 12 new positions to help ensure the recruits can be
included in the January academy instead of waiting for the next scheduled academy in May.
Policy Question:
Short-term Resource Needs until New Squads are Deployed – The Council may wish to ask the
Administration what additional resources could help address public safety concerns along the Jordan
River trail until the new squads are deployed in October / November next year?
A-4: Vehicles, Equipment, and Related Police Officer Costs Not Covered by the Homeless Shelter
Cities State Mitigation Grant ($877,832 one-time from General Fund Balance of which $498,692 is
ongoing)
This is a follow up item from the annual budget that would shift ongoing costs from the Homeless Shelter Cities
State Mitigation to the General Fund and provide one-time funding for police officers’ vehicles, equipment, and
related costs. The Homeless Shelter Cities State Mitigation Grant award this year is $2,945,958 which is (-
$161,243) less than last year. Four new police officers were added this year bringing the total to 19 police officers
funded by the grant. The police officers are dedicated to the geographic area around the Geraldine E. King and
Gail Miller homeless resource centers. The grant also funds four civilian FTEs and a subaward to the Volunteers of
America or VOA. The grant would need to be approximately $4.1 million next year to fully cover the 23 FTEs,
equipment, supplies, and subaward to the VOA. The grant is subject to annual appropriations by the Legislature
and changes to the number of eligible municipalities.
Non-personnel costs related to the 19 police officers funded by the Homeless Shelter Cities State Mitigation Grant
are proposed to shift to the General Fund. This shift better aligns eligible costs with reimbursement deadlines
under the grant. For example, the City was unable to receive all reimbursable expenses under the grant in recent
years because of difficulty aligning vehicle and equipment expenditures with the grant deadline. The smaller grant
award is also insufficient to cover the cost of FTEs and all the vehicles and equipment needed by those FTEs.
The reduced grant award created a budget shortfall for ongoing costs would be covered by the General Fund:
$273,236 for ongoing supplies and equipment, and
$225,456 for ongoing police officer salaries
One-time costs covered by the General Fund include:
$262,600 transfer to the Fleet Fund for vehicles
$72,390 for 19 body cameras and associated software licenses
$44,150 transfer to the IMS Fund for computers, software, mobile data terminals, and radios
FY 24-25 State Homeless Mitigation Grant Officer Costs ($877,832
STRAW POLL REQUEST: The Administration is requesting a straw poll on the $262,600 for new police vehicles
so the Fleet Division may initiate paperwork to place the order while the manufacturer is still accepting new
orders. The purchase order could not be finalized until the Council formally votes to adopt this budget item.
Vehicle manufacturer ordering windows have become less predictable in recent years.
A-5: Downtown Capital City Revitalization Zone 0.5% Sales Tax Budget $25,982,860 ongoing in a
new dedicated fund)
Following the action by City Council to adopt the participation agreement and project area with the City and
Smith Entertainment Group, this item is to address the anticipated 0.5% sales and use tax revenue and expense
(budget) for the remainder of Fiscal Year 2025.
It is anticipated that this action will result in approximately $25,982,860 in revenues for the remainder of the
fiscal year, resulting in expenses of $25,982,860. The annual budget estimate is approximately $56,484,479. As
the agreement and notice period become finalized, a new Fund will be established and Finance staff will ensure
adequate accounting measures to track, report and monitor the Downtown Revitalization Zone Sales Tax.
The Council voted to endorse the proposed participation agreement and project area on July 9, 2024, and
submitted notice of the Council’s endorsement to the Revitalization Zone Committee on August 30, 2024. The
Revitalization Zone Committee approved the endorsed project area and participation agreement on September 17,
2024. The City Council adopted a resolution on October 1, 2024.
Per the Participation Agreement, the Administration plans to bring to the Council in a budget opening later this
fiscal year a proposal to create the Public Benefit Account for ticket fee revenue and the 1% of sales tax revenues to
cover the City's administrative expenses.
A-6: 3200 West Complete Street Additions ($100,000 one-time from the Quarter-cent Sales Tax
for Transportation Fund Balance)
This request would fund a new opportunity to add sidewalks and bike lanes to bridge a gap in the active
transportation network, connecting to West Valley City. 3200 West is a city arterial street which crosses under the
201 Freeway. UDOT is replacing the 201 Freeway bridge over 3200 West, which presents an opportunity for
changes under the bridge -- a tricky spot for walking and bicycling due to a lack of bike lanes and disjointed
sidewalks. This project would improve sidewalks and crosswalks, as well as add bike lanes under the bridge and
through the interchange. UDOT's project is scheduled for 2025 construction.
UDOT only recently extended the opportunity for these active transportation improvements to be added to the
bridge project and has asked the local municipalities (Salt Lake City and West Valley City) to contribute toward
adding these safety improvements.
Transportation would like to consider using the County 1/4 cent Transportation fund for this request versus using
General Fund balance.
In the annual budget, the Council appropriated $2 million one-time for the Livable Streets Traffic Calming
Program from the Quarter Cent Sales Tax for Transportation Fund Balance (separate from General Fund
Balance). The Council expressed an interest to continue annual funding for that program to reach all high need
neighborhood zones. It's estimated that there's $1 million remaining unappropriated in the Quarter Cent Sales
Tax for Transportation Fund Balance but this is pending confirmation by the annual financial audit in December /
January. Alternatively, there is existing complete streets funding from CIP that is eligible to be used for this
project.
Section D: Housekeeping Items
D-1: City Hall Earthquake Repair Insurance Funds Rescope ($3,488,282 rescope in the CIP Fund)
In Fiscal Year 2023 $7,252,300 was accepted by FM Global to pre-load funds for earthquake repairs to City Hall.
Of this amount, $3,764,018.74 (pending final invoicing) was spent and $3,488,281.26 is remaining. The project is
now being closed out and under warranty. The remaining balance has been approved by the insurer to complete
multiple repairs to other facilities that have been deferred thus far. Since the earthquake damage was considered a
one ‘loss event,’ all the FM Global funding is coming from one so-called ‘bucket.’ Since the City-County Building
repairs are complete, this request is to place remaining funds in a holding account for FM Global-approved
earthquake repair expenditures. This amount could change as projects are further along. When all repair projects
are closed out, the remaining funds will be returned to FM Global. These funds are all insurance proceeds and will
not impact the General Fund.
The Administration provided the below list of City buildings with eligible expenses from damage caused by the
March 2020 earthquake. The damage to these facilities was less critical than to City Hall.
Site/Location Anticipated
Completion Date
Fire Station #8 March 2025
Fire Station #14 December 2025
Pioneer Police Precinct April 2025
Public Lands Administration
Building May 2025
Fleet Shop Building April 2025
Police Training Facility June 2025
Jordan Park Maintenance Bldg June 2025
Rose Park Golf Maintenance Shed June 2025
RAC Athletic Complex North Building June 2025
Compliance Building 212 E 600 S June 2025
234 E 600 S June 2025
Central Business District 240 E 600 S June 2025
Facilities 248 E 600 S June 2025
Justice Court Building 333 S 200 E June 2025
D-2: Fleet Encumbrance Reappropriation ($10,580,117 from Fleet Fund)
This is the Fleet encumbrance rollover for vehicles that were committed to with the funds appropriated in Fiscal
Year 2024 or earlier, but that have not been received or completed and put into service. A summary of rollover
amounts is included below. An additional small amount of prior-year funding was encumbered for software
upgrades, a purchase that was also not fully expended by year-end.
Fiscal Year 2023 Orders: $2,863,947.37
Fiscal Year 2024 Orders: $6,502,52616
Upfit costs for all listed vehicles: $1,213,643.47
Total Rollover Request: $10,580,117.00.
D-3: WITHDRAWN
D-4: Landfill Projects ($7 Million one-time in the CIP Fund; Budget Neutral from County
Reimbursements)
The landfill CIP account was funded with $1.5M for various landfill projects that have been ongoing. The funds
placed in the account are applied to individual projects and then reimbursed by the County back to the General
Fund – which are considered as equal expense and revenue.
With the Council approved Environmental Engineer position, projects have been moving along at a much quicker
timeline. The now-current project module is for the "South Header and methane collection wells" - for capture of
methane gas emitting from the landfill which is then used for energy production. The construction start date has
now moved up to Spring '25. This $7M project will need funding secured before going out to bid this winter. The
accelerated construction timeline is why this item is coming to the Council in a budget amendment.
D-5: Additional Funding for Kensington Neighborhood Byway (Rescope $103,182 of CIP funds
and $42,833 of transportation impact fees both from a cancelled project)
This request is to rescope funds from the existing Appropriation for 1300 S Bicycle Bypass (pedestrian) and the
project for the- 1300 S Bicycle Bypass to construct a different bypass route than was originally envisioned at the
time of the original CIP application in fiscal year 2015. The original east-west bypass route was to parallel 1300
South to the north; the east-west Kensington Neighborhood Byway parallels 1300 South to the south.
The original northern route became unfeasible after a lengthy design process as UDOT declined to permit a new
bicycle/pedestrian crossing of State Street at Edith Avenue (1195 S) or Kelsey Avenue (1180 S) due to close
proximity to the 1300 South signalized intersection. A portion of the original appropriation was used to make
safety improvements to the TRAX rail crossing at Paxton Avenue, which then connects to existing bikeways on
Main St. This leaves two funding sources as outlined below, both dedicated to the 1300 South Bicycle Bypass.
The East-West Kensington Neighborhood Bypass runs parallel to 1300 South at approximately 1500 South and
will serve as a preferred bicycle route and alternative for those traveling East-West in the Ballpark neighborhood.
The other funding source, a federal grant from the Wasatch Front Regional Council, has already been rescoped to
fund the Kensington Neighborhood Byway. This request seeks to add the City's portion of the 1300 S Bicycle
Bypass to resolve a budget gap in the Kensington project, as UDOT has given approval for more significant
improvements at State Street and 700 East compared to the budget developed for the original Kensington funding
applications.
There is also an associated impact fee cost center tied to the original appropriation for 1300 S Bicycle Bypass
found in the 1300 S Bicycle Bypass (pedestrian) for $42,832.69. In consulting with the CIP Finance team, these
funds will either need to be used on a project or returned to the Street/Transportation impact fee Fund.
The Council recently appropriated $970,000 in FY2025 CIP for urban trails most of which is anticipated to go to
this project’s expanded scope. The Kensington Neighborhood Byway project has a current budget of $2,472,823.
The additional funding proposed in this item would increase the budget to $2,618,838. If this item is approved,
then the project’s expanded scope is expected to be fully funded.
D-6: Racial Equity in Policing Commission Recommended Trainings for the Police Department
($240,950 one-time from the Nondepartmental Public Safety Reform Holding Account)
At the time of publishing this staff report additional information was forthcoming on this item.
D-7: Prosecutor’s Office Changes since Budget Amendment #1 ($280,269 back to General Fund
Balance; removing City Prosecutor FTE; and Rescope $50,000 in the CIP Fund for Fifth Floor of
City Hall feasibility and structural study)
This item is in response to a previous item noted on Budget Amendment 1. In Budget Amendment 1 (Item A-1), it
was noted that the District Attorney's Office provided the City Attorney's Office notice of intent to termination the
interlocal agreement between the city and County. This item was to bring the function and various staff under the
City, resulting in termination of the contract effective December 31, 2024.
Following ongoing discussions, it was determined that the agreement will remain in place as is for the foreseeable
future. As a result, this item is to reverse the budgetary impacts and actions outlined in Budget Amendment 1.
It is important to note, however, that two (2) of the positions outlined in BA1 are proposed to remain as new,
ongoing FTEs. The two (2) new FTEs are outlined below. The City Prosecutor FTE would be removed and the
associated budget returned to General Fund Balance.
(1) Senior City Attorney – Class 39. The anticipated cost for 8 months is $157,635.74 in FY25, or $236,452
annually and; (1) Deputy Director of Administration - City Attorney’s Office – Class 40 (New position). The
anticipated cost for 9 months is $186,547 in FY25, or $248,729 annually.
Additionally, in BA1, the administration proposed $280,000 be rescoped and transferred to the CIP Fund to lease
office space, utilities, tenant improvements, furniture, fixtures, and equipment. Following council discussion, the
amount was increased to $472,298. This action is also being reversed, however, $50,000 is to remain in the CIP
Fund to conduct a feasibility and structural study for the current City Attorney’s (department) office space at City
Hall and the remainder of the Fifth Floor.
D-8: 911 Department Reclassifying Two Positions (Budget Neutral)
The 911 Department is proposing to reclassify an existing appointed executive assistant at pay grade 26 to a merit
Business System Analyst at pay grade 28. The change is intended to increase the technical expertise within the
Department and improve collaboration with IMS.
The second reclassification is an existing appointed deputy director at pay grade 32 to a merit assistant director at
pay grade 31. There are currently four merit assistant directors in the 911 Department which would increase to five
under this proposal. The assistant directors have been described as like division directors which are typically
appointed. There would no longer be a deputy director position in the 911 Department. A job description for the
assistant director position is available as Attachment 3.
Both reclassifications would change appointed positions to merit positions. The Administration included an
update to the Appointed Pay Plan in the transmittal that would require Council approval. The net impact of the
pay grade changes is estimated to be budget neutral so no additional funding would be needed.
Policy Question:
No Deputy Director in the 911 Department – The Council may wish to discuss with the
Administration how the 911 Department would function without a deputy director, especially in stances
when the director is unavailable. Over the years, some departments have proposed removing deputy
directors and the Council approved it but later the departments returned requesting to restore the deputy
director positions. This most recently occurred with the HR department.
D-9: University of Utah Donation for Sunnyside Park Improvements ($4,200,000 one-time)
The City received a donation from the University of Utah for $4,200,000 for improvements at Sunnyside park
(See Initiative F-2). This funding has been received through the Donation fund and will be transferred to the CIP
fund to facilitate the improvements planned for Sunnyside park.
D-10: Expense Budget Transfer from Non-departmental to the Police Department and Fire
Department for Wages ($2,131,513 from Non-departmental; $1,047,521 to the Fire Department
and $1,083,992 to the Police Department)
As part of the Fiscal Year 2025 Adopted Budget, budget was captured in Non-departmental to account for the
additional budget necessary to support increased Police and Fire wages because of updated MOUs. This item is to
transfer those funds from Non-departmental to the Police and Fire Department budgets, as follows:
General Fund: $1,854,416
Funding Our Future: $277,097
Fire Department: $1,047,521
Police Department: $1,083,992
Staff note: Items E-1 through E-4 are capital projects receiving nearly $10.4 million in grants from the State Transit
Transportation Investment Fund or TTIF. The City Transportation Division provided a presentation about these
four projects which is available as Attachment 2.
Section E: Grants Requiring No Staff Resources
E-1: TTIF 200 South Transit Corridor Project ($1,800,000 from Misc. Grants Fund)
This budget amendment is to recognize the City's funding availability grant award in the amount of $1,800,000 for
the purpose of completing the 200 South Transit Corridor project. Project Description: The 200 South Transit
Corridor Technology Upgrades will evaluate bus transit operations on 200 South between roughly 600 west and
University Street and identify strategies for improvement. The focus of the project will be on improving bus
operations through upgrades to intersection controls, which will likely include a combination of transit signal priority
(TSP), detection systems, cabinet/controller hardware, fiber optic communication, and connected vehicle (V2X)
systems. Salt Lake City has already made significant investments to rebuild the street to establish a Business Access
and Transit (BAT) lane and boarding islands; this project follows the initial roadway construction with focus on
transit operations and technology upgrades to further enhance the transit capacity and safety of the 200 South Transit
Corridor.
E-2: TTIF 400 South Multi-Use Trail ($6,356,000,000 from Misc. Grants Fund)
This budget amendment is to recognize the City's funding availability grant award in the amount of $6,356,000 for
the purpose of completing the 400 South multi-use trail. UDOT and SLC are partnering to create a multi-use trail on
the south side of 400 South from 900 West to 200 West, including the viaduct bridge over the railroad tracks. The
corridor is an important east/west connector and the project aims to maintain current vehicular capacity while
establishing a safe dedicated corridor for people walking, biking and rolling. The trail will feature art to enhance the
character of the surrounding area and make traveling along the trail an enjoyable experience.
E-3: TTIF West Temple Bike Transit Connections ($1,326,000 from Misc. Grants Fund)
This budget amendment is to recognize the City's funding availability grant award in the amount of $1,326,000 for the
purpose of completing the West Temple Bike Transit Connections. West Temple Bike Transit Connections-the project
will add buffered bike lanes in both directions of West Temple from Market Street to North Temple, improve
pedestrian crossings by adding medians and/or bulb outs and HAWK signals at the Market Street, Pierpont Street,
and 150 South crosswalks, and improve bus stops including bus boarding islands at a new protected intersection at
300 South.
E-4: TTIF Westpointe/Jordan Meadows Neighborhood Byway ($900,000 from Misc. Grants Fund)
This budget amendment is to recognize the City's funding availability grant award in the amount of $900,00 for the
purpose of completing the Westpointe/Jordan Neighborhood Byway. The Westpointe/Jordan Meadows
Neighborhood Byway will integrate active transportation infrastructure into the local street network to create a north-
south route through the Westpointe and Jordan Meadows neighborhoods that runs west of and parallel to Redwood
Road. This project will improve bicycling and walking along this route and increase neighborhood access to the Green
Line TRAX and planned SLC Westside Transit Hub. This route will provide access to transit at several points; notably
to TRAX on the south end, along the route itself and on 700 North. Also, it will enhance connectivity to the Northwest
middle School, Westpointe Park, Escalante Elementary School and Utah State Office complex at 1950 West North
Temple.
E-5: FY24 COPS Law Enforcement Mental Health and Wellness Act ($98,786 from Misc. Grants Fund)
This budget amendment is to recognize the City's funding availability through a grant award in the amount of $98,786
for the purpose of providing wellness and mental health resources to the police department. Project Description: Salt
Lake City will receive a grant under the DOJ through the COPS Office. Salt Lake City will use FY24 LEMHWA funding
to support training for the Wellness team, peer mentoring training for Peer support team including a mobile wellness
app for employees and their families and accompanying training; and overtime for Peer Support Team to expand
services in the department.
E-6: FY 24 COPS Hiring Program ($1,500,000 from Misc. Grants Fund)
Staff note: This item is related to item A-3 earlier in the staff report which is the budget step to authorize 12 new
police officer FTEs on the staffing document and provide $1.6 million from the City's General Fund as the required
local match to the $1.5 million COPS hiring grant.
This budget amendment is to recognize the City's funding availability through a grant award in the amount of
$1,500,000 for the purpose of hiring 12 new officers. Project Description: The Police Department will hire 12 new
police officers to facilitate deployment of 12 current officers who will be assigned to newly created squads. The squads
will focus on crime reduction, community safety, and expansion of services in areas to include the City’s portion of the
Jordan River Trail, as well as City parks and other recreational areas and residential and business areas.
Section F: Donations
F-1: WITHDRAWN
F-2: University of Utah Sunnyside Donation ($4,200,000 from Donations Fund)
This budget amendment is to recognize the City receiving a donation from the University of Utah for $4,200,000 for
improvements at Sunnyside park. Per the donation agreement with the University, the University will provide $1.0
million within 30 days of the effective date of the agreement. The remaining balance will be deposited into a third-party
escrow account within 30 days of receipt of the City’s notice that it has completed its public engagement process to
determine the improvements.
Quarterly progress payments will be released to the City from the escrow based on a construction schedule mutually
agreed upon by the City and the University. Per the agreement, these funds must be used for the project determined by
the public engagement process. The City may not use these funds for deferred maintenance or repairs except as required
to accomplish new, renovated, or upgraded amenities and infrastructure. Per the agreement, the City may also use these
funds toward mitigating the loss of the softball fields currently in Sunnyside park to other City parks. The funds from this
donation will be deposited in the City’s Donations special revenue fund and transferred to a CIP fund to be used for the
Project (see Initiative D-10 for CIP Funding).
Section G: Grant Consent Agenda No. 4
G-1: Mental Health Services to First Responders ($47,556 from Misc. Grants Fund)
Funding to support a year of a comprehensive and data-driven mental health and wellness platform to enhance the
mental well-being of its first responders. A platform of this type will provide essential wellness tools for early
detection and intervention, including web-accessible peer support and a wellness resource toolkit accessible through
iOS and Android-driven applications offering clinically validated wellness sessions and learning modules specifically
tailored for first responders, their families, and retirees. This resource will provide first responders with the tools to
build resilience and maintain mental wellness. Additionally, this will cover the cost of two mental health trainings for
SLC 911 (Help is on the way for Dispatch Training and an Emotion Intelligence training for SLC 911 managers.).This
grant is provided by the Utah State Department of Public Safety. The Public Hearing was held June 11 ,2024.
G-2: Utah State Board of Education Snack Grant ($6,000 from Misc. Grants Fund)
The Division of Youth and Family Services submitted a renewal application for reimbursement to provide nutritious
snacks to Youth City participants during summer of 2024. The Public Hearing was held on July 9, 2024.
G-3: State of Utah, Department of Public Safety, Bureau of Emergency Medical Services (BEMS)
($9,642 from Misc. Grants Fund)
This is Salt Lake City's annual BEMS grant from the state. Under Utah Code Ann. 53-2d-207, BEMS is allowed to
award annual grants to emergency medical services providers from the EMS Per Capita grant funds to assist in
providing emergency medical services. The Public Hearing was held March 5,2024.
G-4: Emergency Management Performance Grant ($18,000 from Misc. Grants Fund)
This is Salt Lake City's annual BEMS grant from the state. Under Utah Code Ann. 53-2d-207, BEMS is allowed to
award annual grants to emergency medical services providers from the EMS Per Capita grant funds to assist in
providing emergency medical services. The Public Hearing was held June 11, 2024.
Section I: Council-Added Items
I-1: City Hall Physical Security Improvements Holding Account Release (
On June 26, 2024 the Administration sent a transmittal requesting the Council release $123,133 for two projects
described below. In Budget Amendment #5 of FY2023, the Council put $1 million into a CIP Fund holding account for
one-time to be determined physical security improvements to City Hall. If the Council approved releasing these funds,
then the holding account would have a remaining balance of $586,867. The Council previously approved releasing
some funds in January this year:$ $83,733 for Camera System Upgrades (hardware and software): The current
camera system in use throughout the City and City Hall, manufactured by Pelco, is outdated and its software license is
set to expire at the end of 2024.
Due to the outdated technology and expiring license, the cameras and servers they operate on require replacement.
The City will be migrating to Milestone's system for use in City Hall. Milestone has already been successfully
implemented by the SLC Police Department in the Public Safety Building. Transitioning to Milestone will ensure
enhanced security and uniformity across the City infrastructure. $39,400 is needed for Emergency Notification
System Upgrades (hardware in three buildings). Emergency Management will be transitioning from the current RAVE
emergency notification platform to Titan HST. The Emergency Management Division will cover the subscription cost;
however, there is a hardware component associated with this change that needs funding. The necessary hardware will
be initially installed at City Hall, Plaza 349, and the Public Safety Building to support this new system. This first phase
will inform future deployments of hardware at other buildings.
I-2: Request to Reappropriate Funds for Reconnecting Communities Federal Grant for Local Match
($1.24 Million – Funding Our Future’s Fund Balance)
This is a reappropriation as the local matching funds for a federal reconnecting communities grant the City was
awarded to study and recommend solutions to the east-west transportation divide created by several railroad tracks
and Interstate 15. The study has a total budget of $3.74 million. UDOT is acting as the financial administrator for the
City. The Federal Highway Administration preferred this arrangement in part because UDOT already has the systems
to regularly manage federal transportation funds and meet the compliance requirements. The funding sources are:
-$1.97 million from the federal reconnecting communities planning grant
-$1.24 million from the General Fund
-$500,000 from UTA
-$25,000 from the RDA
-$5,000 from Public Utilities
Staff has communicated to the Administration Council Member interest in submitting federal grant applications for
implementation construction funding. Those applications may need to be submitted before the study is finalized
which could be in two years. There are limited federal funding opportunities to implement the results of the study but
the largest federal grants are scheduled to only be available for two or three more years. Most of these construction
grants are authorized by the Inflation Reduction Act and Bipartisan Infrastructure Law. Congressional authorization
would be needed to extend most of these grants beyond the next two or three years.
Policy Question:
Request Local Matching Funds in Annual Budget for Construction Grant Applications – The Council
may wish to request that the Administration include local matching funds in the next annual budget in anticipation
of the City applying for implementation construction grants from the Federal Government. The U.S. Department of
Transportation has previously provided guidance that grant applications are more competitive when there are local
matching funds and a coalition of supporting organizations.
I-3: Ivory University House Student Housing Project ($350,000 from FOF for Year One / FOF
Housing Allocation to CAN for Years Two through Five)
Council Member Petro has requested the Council’s consideration on this item. The Ivory Foundation has approached
the City about contributing towards the Ivory University House, a student housing project they are building adjacent
to the University of Utah campus on land owned by the Church of Jesus Christ of Latter-Day Saints. The City does not
currently have a financing tool to facilitate the development of affordable student housing in the manner that the City
has financing tools to facilitate general affordable housing, which is why this is coming through a budget amendment
request. Additionally, while tax credit programs like LIHTC are available for income-qualified persons on an Area-
Median-Income (AMI) basis, no such tool exists to help facilitate affordable student housing. The following are
general aspects of the proposal:
-25% of the student housing would be set aside for graduates of Salt Lake City school district high schools who
qualify for the highest amount of financial aid as determined through the student’s Free Application for
Federal Student Aid (FAFSA). This would guarantee that the family of the student is need based and not just
the student. Those families would also likely qualify for many of the other affordable housing developments
that the City invests in.
-This would serve approximately 150 students per year.
-The City would allocate $350,000 per year for 5 years to the project, through the City’s Funding our Future
housing allocation for a total of $1.75 million. The initial year would come from Funding our Future fund
balance.
-The term of the deed restriction on the affordable spaces is proposed to be 30 years in exchange for the City’s
investment.
-The City would require annual reports including the number of students served.
The Administration is still working on details that could be included in a potential contract, should the Council
approve this funding. Because it would be a contractual obligation for 5 years, it would be included in Funding our
Future budget appropriations for the next 4 budget cycles and would be removed from the budget once the term of the
contract is complete.
Policy Questions:
Long-term City Strategy for Affordable Student Housing – The Council may wish to ask the Administration
if it would like to consider a longer-term strategy for the City to use its housing dollars to facilitate affordable student
housing for all of the universities and community colleges in Salt Lake City.
Council Approval of Final Terms – The Council may wish to make the funding contingent on approval of final
terms of the agreement.
I-4: PLACEHOLDER - Public Utilities Stabilization Fee Waiver for Instances of Non-use
At the time of publishing this staff report additional information was forthcoming on this item.
ATTACHMENTS
1. Council Request: Tracking New Ongoing Costs to the General Fund
2. Transit Transportation Investment Fund or TTIF presentation from the City’s Transportation Division on four
capital projects receiving TTIF funding
3. 911 Division Assistant Director Job Description
4. Appointed Pay Plan Redlined Version
ACRONYMS
BEMS – Bureau of Emergency Medical Services
CAFR – Comprehensive Annual Financial Report
CDBG – Community Development Block Grant
CREP – Commission on Racial Equity in Policing
CIP – Capital Improvement Program
COPS – Community Oriented Policing Services
DOJ – Department of Justice
FOF – Funding Our Future
FTE – Full time Employee / Equivalent
FY – Fiscal Year
GF – General Fund
iOS – I-phone Operating Software
IMS – Information Management Services
RAVE Alert – Mobile Emergency Notification System
UDOT – Utah Department of Transportation
ATTACHMENT 1
Council Request: Tracking New Ongoing Costs to the General Fund
Council staff has provided the following list of potential new ongoing costs to the General Fund. Many of these are new
FTE’s approved during this fiscal year’s budget amendments, noting that each new FTE increases the City’s annual budget
costs if positions are added to the staffing document. Note that some items in the table below are partially or fully funded
by grants. If a grant continues to be awarded to the City in future years, then there may not be a cost to the General Fund
but grant funding is not guaranteed year-over-year.
Budget
Amendment Item
Potential Cost
to FY2026
Annual Budget
Full Time Employee
(FTEs)Notes
#1
Item A-1 Attorney’s Office
Organizational Structure
Change
$722,888
3 FTEs:
1 City Prosecutor
1 Senior City Attorney
1 Deputy Director of
Administration
City Prosecutor $178,278 for 9 months/$237,704
annually
Senior City Attorney Class 39 - $157,635.74 for 8
months/$236,454 annually
Deputy Director of Administration Class 40 -
$186,547 for 9 months or $248,730 annually.
At the time of publishing this staff report, the cost to
lease office space is unknown. The cost could be more or
less than the current budget under the soon to be
terminated interlocal agreement with the District
Attorney’s Office.
#1
Item D-8
$171,910
1 FTE:
Capital Asset Planning
Financial Analyst IV
position
Inadvertently left out of the Mayor’s Recommended
FY2025 Budget. Position would be dedicated to impact
fees compliance tracking and reporting for new state
requirements. Impact fees fully reimburse the General
Fund for the position’s cost.
$2,945,957 grant
funding*
4 FTEs:
3 Officer positions
1 Sergeant position
*Amount of grant funding needed in order to fully cover
the ongoing costs including the new FTEs.
#1
Item E-1 Homeless
Shelter Cities Mitigation
Grant FY25
Costs currently paid for
by the Homeless Shelter
Cities Mitigation Grant in
FY2024 that might be
shifting to the General
Fund in FY2025 $662,760
For ongoing costs related
to 15 existing FTEs; the
grant funds a total of 23
FTEs
$662,760 is needed for ongoing equipment for all 15
officers. The Administration is checking whether existing
budgets could absorb some of these costs.
#2
Item A-2 Enhanced
Security at Justice Court
$200,000
A security report identified an issue needing to be
addressed immediately.
Budget
Amendment Item
Potential Cost
to FY2026
Annual Budget
Full Time Employee
(FTEs)Notes
#2
Item A-3 Community
Oriented Policing Svcs or
COPS Hiring Grant from
U.S. Dept. of Justice for 2
new Sergeants & 10 new
Officers FY 24-25
$1,285,642
in FY2026
For ongoing costs related
to hiring 2 new Sergeant
FTEs and 10 new Officers
in the Police Dept.
Ongoing costs include grant salary match plus vehicles,
supplies & equipment. After the 48 month grant period
ends, the estimated annual cost to retain the 12 police
officers is $2,071,325.
#2
Item A-4 Vehicles, Equip-
ment & Related Police
Officer costs not covered
by the Homeless Shelter
Cities State Mitigation
Grant FY24-25
$498,692 is
ongoing
For ongoing costs related
to the hiring of new
officers
Ongoing costs include ongoing salary increases, supplies,
body cameras, vehicles, and computers.
#1 & #2
D-7 Prosecutor’s Office
Changes since Budget
Amendment #1
(-$280,279)
back to General
Fund Balance
1 FTE Removed
City Prosecutor FTE
removed
Reverses a portion of budgetary impacts & actions
outlined in BAM#1, Item A-1.
TOTAL $6,207,570 38 total FTEs of which
15 are New FTEs
Note that of the total cost, $4.1 million would be needed
if the Homeless Shelter Cities State Mitigation grant is
not available for FY2026
Page | 1
INFORMATIONAL MEMO
CITY COUNCIL and REDEVELOPMENT AGENCY BOARD of SALT LAKE CITY
December 3, 2024
At the request of several Council Members, the Chair has scheduled a discussion on a proposal for a
change in leadership structure for the City Council and Redevelopment Agency Board.
The proposal would alter the overall leadership structure of the Council/Board, with one Chairperson,
and two vice-chairpersons. One of the vice-chairpersons would assist the Chair in their duties with City
Council agenda setting and related matters, and the other vice-chairperson would assist the Chair in
their duties with RDA agenda setting and related matters. There is no legal requirement for the RDA
Board to elect separate persons to serve as RDA Chair/Vice Chair than the Council Chair/Vice Chair,
although it has historically been the City’s practice for those to be four different people. Under the
proposal, there would be three leadership positions.
If the Council is interested in this concept, staff can request the Attorney’s office prepare two resolutions
– one that would amend the Bylaws of the Board of the Redevelopment Agency of Salt Lake City, and
one that would amend the Council Rules of Procedure.
The Board and Council would need to act on both during RDA and Council Meeting on December 10 in
order for changes to be effective in time for the first meeting in January, when those positions are
selected.
If a majority of the Council/Board approve these resolutions, the Council/Board may also wish to
consider how this may affect the proposed ordinance adding leadership stipends, which is also slated for
consideration on December 10th. By way of reminder, the current draft ordinance sets leadership
stipends as follows:
Council Chair: $3,000
Council Vice Chair: $2,000
Redevelopment Agency Chair: $1,500
Redevelopment Agency Vice Chair: $1,000
The Council may also wish to discuss some of the logistical implications of this type of change, such as:
Who would attend Chair and Vice Chair meetings and how frequently? If three Council Members
are in leadership, would meetings be scheduled with all three?
How would RDA staff be involved in Chair and Vice Chair meetings?
Who would Chair the RDA Meetings?
How would City and RDA policy issues be decided?
Who would be the official spokesperson for the RDA?
How would seniority among Council Members and leadership be handled?
City Council Announcements
December 10, 2024
Information Needed
A. NARHO Conference in Washington D.C
Council Member Mano is interested in attending the NAHRO Conference in
Washington D.C., which is scheduled at the same time as the NLC Conference.
He still plans to join the Council for some D.C. Congressional meetings, and staff
is working to coordinate that.
The NAHRO conference is not one of the standard Conferences for Council travel.
Does the Council approve Council Member Man attending the conference?
SALT LAKE CITY CORPORATION
SWORN STATEMENT SUPPORTING CLOSURE OF MEETING
I, Victoria Petro, acted as the presiding member of the Salt Lake Council, which met on December 10, 2024 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 an individual; §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 and Public 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
Victoria Petro (Feb 6, 2025 09:29 MST)Feb 6, 2025
December 10, 2024 Closed Meeting Sworn
Statement
Final Audit Report 2025-02-06
Created:2025-02-03
By:DeeDee Robinson (deedee.robinson@slc.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA9ZYUp5JntxSBzQFCVfzHCvthwUj_QSGE
"December 10, 2024 Closed Meeting Sworn Statement" History
Document created by DeeDee Robinson (deedee.robinson@slc.gov)
2025-02-03 - 7:51:00 PM GMT
Document emailed to victoria.petro@slc.gov for signature
2025-02-03 - 7:51:48 PM GMT
Email viewed by victoria.petro@slc.gov
2025-02-04 - 0:20:19 AM GMT
Email viewed by victoria.petro@slc.gov
2025-02-06 - 12:26:00 PM GMT
Signer victoria.petro@slc.gov entered name at signing as Victoria Petro
2025-02-06 - 4:29:55 PM GMT
Document e-signed by Victoria Petro (victoria.petro@slc.gov)
Signature Date: 2025-02-06 - 4:29:57 PM GMT - Time Source: server
Agreement completed.
2025-02-06 - 4:29:57 PM GMT