Salt Lake City 2023 City Council and RDA Board Meetings, 17 Jan 2023

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From YouTube: Salt Lake City Council Work Session - 01/17/2023

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To view agendas and paperwork go to https://slc.primegov.com/public/portal

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Thank you Salt Lake City. Can you hear me? Is it going? It sounds like it's not coming through the hello, oh good afternoon, Salt Lake City. Welcome today to today's city council meeting. We continue to host hybrid meetings to keep everyone healthy and safe. Our meetings are public and you are welcome to join us in person or by watching from the council's agenda page Facebook, YouTube or SLC TV. We hope you'll continue to join us in whichever manner you feel most comfortable.

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This is a work session meeting during which there's no public comment, but you can join us tonight during our 7 PM formal meeting to share your comments. We, of course always welcome your feedback Anytime by mail at P.O box, 145-476, Salt, Lake, City, Utah, 84114 or email at council.com or via our 24 hour phone comment line.

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801-535-7654 written comments we receive on agenda related topics are shared with all council members and posted on our website slccouncil.com and with that we'll begin our work session. Our first agenda item is agenda item one informational updates from the administration I'm just gonna sneeze, but I didn't okay. uh We have the mayor's, not here we have Rachel Otto, chief of staff and Lindsay Nicola Deputy Chief of Staff and I'm. Oh I, see Andrew here as well. Andrew Johnson, director of homelessness policy and Outreach, is that the team today and Hannah. How are you.

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Thank you very much. Oh thank you for pulling our slides up. We can just hop in and I'll just give a brief update on where coven numbers lie, which is flat uh across the United States for the last two weeks. So.

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Then in Utah cases are down 13 over the last two weeks. The next slide is the same as last week, which is just information about where people can get vaccinated or boosted, which is with any Salt Lake, County, Health, immunization, clinic your local pharmacy or private provider or any CNS Mass vaccination site. So if you have any questions about vaccinations where you can get vaccinated or boosted, now is a great time to do that. You can find information on the Salt Lake County Health Department's website, slco.org Health covet 19..

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um That's it unless anyone has any questions about covid huh next slide. Please.

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I, just oh, this is new or maybe I just have never noticed that um I just have a couple updates from the Outreach team today. um First, as we are all aware, the slc.gov feedback page, which is a great place to get involved and provide feedback to lots of different projects going on throughout the city next slide. Please.

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um Next, this is an event happening this evening. Love your block is hosting their first listening session on January 17th today from 6 to 7 p.m. At the Glendale Public Library, that's a chance for folks to come and share their thoughts um and how the love your book program can better support, different neighborhoods throughout the city. They will be discussing impacts from year. One of love, your block and Gathering input on how this program can continue to evolve to best meet the needs of the community.

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All ages are welcome and refreshments will be provided and just a reminder for everyone that love your block is still accepting mini Grant applications until January 30th and for more information folks can visit slc.gov mayor, slash, love your block or email lyb. Slcgov.Com next slide, please, as everyone is aware, Salt Lake City is excited to announce the ballpark next design, competition, an opportunity for residents, post-secondary students and development professionals to tell us what they Envision for the future of Smith's Ballpark site after over 100 Years of baseball on the site.

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We're excited to get input on what's next and for salt Lakers to provide ideas to help the city reimagine uses for the site that will serve the neighborhood City and residents for decades to come. The ballpark next design competition will accept concept, proposals from residents, post-secondary students and development professionals submitted ideas, May inform and Inspire the next steps of the city's development of these properties, and they might even win a prize. So that website is slc.gov ballpark next and there's also a link to that directly on the feedback page as well.

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That I mentioned earlier uh next slide. Please! uh Lastly, just wanted to remind everyone of our community outreach teams Community office hours for the month of January. These are the remaining dates for the rest of the month, albeit Hatch Family Chocolates, on Thursday January to 6th 26th, which I'm very excited about come, get some hot chocolate or sweets or whatever and chat with me so yeah. That's all I have.

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Next slide, please, you can see the numbers for the Resource Centers and the Overflow right now they have increased since our last meeting here you can see the quite High 97 percent for the base beds at the Resource Centers across the system. uh Flex beds are increased also to 86 percent The Mill Creek overflow has gone up as well um 92 percent and then uh St Vincent de Paul will continue to be pretty high.

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You can see the 53 average open beds per night, that's based on the base number with the Overflow, not including mayor Mendenhall, the other Mayors allowance for increased capacity, so that would be above and beyond that 53.. The reason that, right now the providers are not able to they're reporting that they've actually had a decrease in their Staffing in some capacities over the last few weeks from what they had previously, which is limiting their ability to increase to the maximum number of beds allowed under the emergency order.

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So we'll continue to monitor that they are working hard to try and backfill those positions and find creative ways to fill them, but they are struggling with the Staffing. Still next slide.

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The Raptor intervention team and encampment impact mitigation work continues, you'll see it on North Temple this week near the Western end, as well as 13 South underpass of the freeway, and then the rapid intervention team has increased the Outreach engagement locations to eight with VOA, including some new site rehabilitations and recurring cleaning sold steady at 18.. You can also see down below that.

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We are reviewing the policies and procedures for both of those teams and that work to ensure that we're addressing transparency, but also about how things that are discarded are taken care of and personal property to make sure we're trying to be as transparent with everybody and clear with the public as we can be so that Public Safety is still the highest priority for us in those interactions.

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Council members, any questions doesn't look like it Andrew. Thank you is that it for the administration that.

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Is it? Thank you so much thanks for being here.

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Every week, all right that takes us to item number two, which is um an ordinance about the our updated Urban Forest action plan or adopting an urban Forest action plan. And we have at the table Allison Roland, our Council staff, Amanda, Roman senior planner, and then we Kelsey.

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um Allison, do you want to start us off.

F

Sure thank you Mr chair. um So, as you mentioned, this is an opportunity to discuss and consider the full draft of the urban Forest action plan for adoption.

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The plan's goal is to integrate Urban Design and urban forestry policies.

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Cindy Lou sent me Vibes that I could feel over here. Sorry about that integrate Urban Design in urban forestry policies and ordinances to improve air quality and quality of life. It would accomplish this by developing a long-term strategy for expanding and capitalizing on the urban Forest. Offering addition excuse me offering policy directives for the existing Urban Forest through land use policy and management, establishing criteria for decision making among competing uses for city streets and providing guidance on Urban Forest priorities and preservation to planners project, reviewers and inspectors.

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The action plan also outlines priorities for an eventual Urban Forest master plan, but this is the action plan that precedes it. uh You may remember I, think most of you saw earlier iterations of this plan, both on in July 2022 and September 2021, when they were briefed um it's being led by the planning division. As you can tell from the staff here and the Planning Commission reviewed it last October 26th and recommended it for adoption, I think Amanda is going to take us through the Strategic Direction the goals, the objectives, the long mid and long-term.

F

Sorry, the near Mid and long-term actions, um but I wanted to mention two implications. If it's, if it is adopted, one is that the planning division would begin to implement the strategies through zoning ordinance amendments. These would influence initiatives across the city and guide private development petitions. Another implication is that it would imply long-term investment in alternative types of infrastructure to Foster tree growth and tree health.

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So you will set the date tonight if you so choose in the formal meeting, there'll be a public hearing on February 21st and potential action on March 7th.

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Thank you, Allison Amanda go ahead. Do.

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They pull up the presentation.

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uh Yes, can we get the slides thanks.

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All right and start on the next slide, please all right. The goal of today is to receive an update and consider adopting the proposed Urban Forest action plan. The planning, Division and collaboration with urban forestry, public utilities and sustainability created the action plan to address the challenges the city faces during a period of Rapid development. The action plan takes a holistic view of the issues, develops, priorities find Solutions and builds a long-term plan of action.

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The urban Forest is a modified natural system that intersects with many of the built shared systems such as streets and Public Utilities. This action plan will influence zoning amendments and will be used to guide private development, as was mentioned next slide. Please.

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The purpose of the plan is to realize the vision as set forth in plan Salt Lake, which was adopted in 2015.. The plan calls for protecting our resources, enhancing our assets and establishing a path forward. The urban Forest action plan builds upon the goals of plant Salt Lake and is one strategy to providing sustainable growth and Equitable development.

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When plant Salt Lake was adopted, residents named Urban Forest as one of the city's greatest assets.

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In addition to the beautiful city guiding principle, the action plan is also specifically supported by the plans, um neighborhoods transportation and mobility and air quality guiding principles. Next slide. Please.

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Plan development next slide and these two just touch on the review process. The project began a few years ago. The primary team was planning urban forestry utilities and sustainability. There is a technical advisory committee and an internal working group we've provided briefings to the downtown Alliance Planning, Commission and city council a variety of times and then on October 26th. The Planning Commission forwarded positive positive recommendation for adoption next slide. Please, public engagement began in 2019 was paused during 2020 for in-person events and then during 2020.

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We worked on the actual writing of the plan and the plan has been on the planning divisions open house webpage for over a year, and we also presented and gained survey information from a variety of community councils, specifically on the U.S side.

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Next slide, please plan recommendations next slide along with many of the scene, unseen benefits of robust and healthy Urban Forest. The urban Forest also helps us address past wrongs such as redlining, which we spoke a lot about in our our previous briefing, but to acknowledge and test touch on the practice again in wealthier neighborhoods that were categorized as more desirable. The urban canopy is generally about twice as dense as lower income, neighborhoods that were labeled as declining or hazardous.

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The difference in canopy coverage directly affects the surface temperature and air quality of a neighborhood and also has Public Health consequences, such as increased asthma rates and heart attacks. This plan is one small step to creating a more Equitable City, along with a variety of other benefits. Next slide, please.

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Plan recommendations include ensuring protection of the forest as a public good through land use policy and Land Management to Value the urban forest for its entire range of ecosystem and quality of life benefits to provide Solutions in the right-of-way that will come and date, trees, access and utilities when they compete for same the same space and to provide guidance on Urban, Forest priorities and preservation next slide.

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Please, there are four main strategies in the plan: I'll touch on each of these strategies, briefly the and you can just go to the next slide and I'll do it on the individual sides. Thank you. The first strategic direction is the urban Forest is a public infrastructure by valuing, as as infrastructure, comparable to street lights, roads and utilities. The city can make more informed decisions about when to remove or when to plant trees.

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We can improve growing conditions by using suspended Paving systems in areas like downtown, where pavement is vast and growing conditions are harsh, we're also working on an updating on updating our Landscaping ordinance, which will require all new park strip trees to have adequate irrigation systems and next slide. Please uh the Strategic Direction number two is to maximize Urban's Forest return on investment. We need to use our resources wisely and make the most of the urban forests and to Value it for the many services it provides.

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Analysis show that, for every dollar directly invested into the forest, the city receives approximately three dollars and forty cents in returns um as a part of our Landscaping ordinance. That directly is pulled from this direction, or this um yeah strategic direction. We are going to be looking at soil volumes and soil quality. The soil volumes is also going to be addressed in our downtown building, Heights and Street activation ordinance. That will be here for a briefing in an upcoming meeting next slide. Please Direction number three is to partner to distribute the benefits equitably equitably.

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um So we will partner with agencies and explore ways to provide repay rebates or incentives to private property owners, and then we also have the Landscaping ordinance. That's been transmitted that will provide rebates to property owners that replace sod with water-wise Landscaping next slide, please and then finally, to plan and design in the public interest. Rethinking our right-of-way and using Urban Design as a strategic tool to prioritize the quality of life in public spaces can produce both social and environmental benefits.

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The urban Forest can add aesthetic contributions to our public spaces and create neighborhoods and business districts that are identifiable and unique, and then I am open for any questions or comments. Regarding the plan.

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Council members does anyone councilmember Dugan.

H

Thank you very much for the the briefing and the oversight of the plan.

H

I could I'm excited to move forward on this, because I think the whole idea about making this is part of our whole idea of making this whole city more of a livable place to liveable place, to live more of a livable place and I'm really excited about that with the addition of uh this and the street callings really makes it just so much more beautiful and and uh on on that note a couple just things I'm really excited about, and then I'll talk about, sequence, questions the parking lot, Island Trees working with developers working with big box stores.

H

They got a lot of black asphalt out there that probably didn't get used up much and they could really just use a great some great Islands out there with trees uh more trees in the Parks. More trees in the golf courses would be great. We have some big streets, Foothills Sunny, Side, Redwood, Road, North Temple- that could all use a lot of trees there to just calm the whole atmosphere down and working with the developers to partner with them.

H

To you know: hey, let's see some of your uh ideas and maybe some funding for to support that too, in your own spaces and uh and then also that helps to reduce the storm water management, which I really appreciate. So now, all that work. So the cost and the additional ftes how's how's that going to impact the budget. And how is that going to be play out.

I

Thank you for that question. Councilmember Dugan, the urban Forester actually just walked into the room, so I'm going to swap spots with him. Okay, just swim.

H

I think Tony heard all those questions so.

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Tony Goliath right.

J

Yes, hi everyone um I'm, sorry. Could you could you succinctly repeat that.

H

Just some questions on you know we got a lot of great work coming up, I know we're going to need some uh or we might need some more uh support, Staffing and just the cost of implementing and the long range kind of cost too.

J

Yeah well, I I, would say um first and foremost, the urban Forest action plan uh really lays the groundwork for prioritizing and reinforestry across all City departments um and that that doesn't necessarily have a cost associated with it um in terms of ft's or or or or additional spending that I can speak to outside of the urban forestry division.

J

I think that there's a potential for uh additional resources to be added in a number of different departments to help us meet some of the goals we're trying to to do trying to meet through Urban Forest growth um as it pertains to the urban forestry division itself. I would say that over the last handful of years, there's been significant investment in this division, to the extent that we do not need a lot more Staffing to accomplish the goals that are are laid out in the urban Forest action plan.

J

We do need things like perhaps a an urban Forest master plan that can really kind of flush out some of the more high-value strategies that are outlined in the in the mass in the the action plan and over time as the city's Urban Forest grows. If we have success in doing that, then additional staff for maintenance of of.

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Forest is probably going to be beneficial, but that's probably a number of years out at this point.

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Thanks councilman council members, any other questions, yes, councilman Pui.

L

uh Thank you, Mr, chair, I, um I. Think many of us remember how much how many opinions I had about trees uh during budget session I um I at this Council allocated some money for education on uh trees and I would like to find out if um how's, that going, are we already spending some of those dollars? uh What are the plans to because the success of the trees unless is planted on uh areas where we are already, you know we already have irrigation, uh it will be tied to the neighbor.

L

You know learning that you know that they need to water, how much they need to water. How often and what not, um and that has been I- think I will say that maybe not great and maybe close to not successful. We haven't been great great at that, and that was the purpose of this console and allocating some money on that. So to me, it's very important that we are doing that.

L

You know and if there is a recommendation from from your from from the administration, about more funding on education or or something like that, I I would like to get an update on that sure.

J

I could speak to the progress that we're making with the funding that we have in this fiscal year. um We've been working closely with with our team in public lands and the communications team to develop a tree watering tree education, Campaign, which is going to launch this spring.

J

We, this is going to have um uh you know, sloganing and branding and signage and Outreach we're going to be working with some of the local schools to expand on that and, to be honest, we're very excited about that.

J

I think that that um the slogan that we're we're finishing up with right now um is going to be one that resonates with residents and it's going to um really kind of carry the water for us uh moving forward here and reminding our residents not only of the Legacy nature of our Urban Forest, a special history of our Urban Forest, but their responsibility in in and their power to to bring our forest into the Next Generation.

J

So stay tuned for this spring, we're looking for an Arbor, Day launch of that campaign, and then we see this also uh as a campaign. That's got real legs to it. This is a a drum that we're going to be beating for years to come and similarly to the way that the slow year flow water conservation um types of slogan has has begun to resonate over many years with with our residents.

J

We're confident that um that there is a place for both water conservation and tree watering and nurturing of our Urban Forest um to to coexist and I. Think our campaign's going to shed light on that. Thank you for that appreciate.

A

It hey Tony thanks councilmember, any other questions on this okay councilman. We are set to hold a public hearing on February 7th, which is our next public meeting and then with tentative action on February 21st.

A

So if there's no other questions, then I guess we can move on to the next item. Sorry, Mr.

F

Chair I have a question: um I have the public hearing is February 21st.

A

Oh I was reading. I was on the wrong thing.

F

And the potential action on March 7th, so I just.

A

Wanted to make, let me thank you February. Where am.

F

I February 21st for.

A

The February 21st and tentative action on March 7th- that's right, thanks, Allison I was on the wrong page and.

G

Then I appreciate you. um I have one more thing that I did not mention. um There is only one change to the plan that is in your packet on page 69, the plan. It speaks to the possibility of using impact fees as a funding source, and we plan to remove that language, just as a heads up, it hasn't been removed, but from the final draft it will be. Is.

A

That, because we found out impact fees, are not eligible for this. Okay.

G

Yes, it was a suggestion that will not work. Then.

A

We should take that out thanks.

G

A

You all right, thank you, Amanda Allison, Tony Kelsey. uh We are moving on to item number three, which is a zoning map Amendment at approximately 704 East 900 South. This is going to be presented by Brian Fulmer Council policy, analyst John, Anderson planning manager and Diana Martinez principal planner Ryan. Do you want to give us an introduction, great.

M

Thank you Mr chair. This is a proposal to amend the zoning map for the parcel at 704 East 900 South from its current R2, which is single and two family residential zoning to SNB or small neighborhood business. The applicant stated intent is to allow for multiple family use in the the building. That's there. The applicant is planning to join us on time or online he's out of state I've emailed him, and let him know that we're running ahead of schedule.

M

So hopefully he will be able to join us and with that I will turn it over to Diana.

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N

Thank you Brian good afternoon, so don't want to repeat too much with Brian said um his stuff. His report was great. This is a zoning map Amendment for the subject property at 704, East, 900 South.

N

um This is on the Southeast corner of that intersection. It's of 7th East and 9th South. The request is for a rezone, as Brian said from R2 to SNB the subject. Property is 0.24 Acres or 10 454 square feet in size, uh as bran also mentioned that the intent is for um to be able to allow multi-family units within the existing dwelling. No development plans have been submitted for this.

N

The planning staff did recommend approval of the rezone to SNB, based on the compatibility of the Central Community master plan, and the compatibility of the zoning of the other Corner properties of the intersection so directly to the north on the northeast corner is also an SMB building to kitty corner on the northwest corner is a building existing building and that zoning is is CB. Commercial Business um staff also felt that the SMB would be compatible to the zoning, the residential zoning to the East and the South.

N

The SMB restricts the height on on new construction for buildings, and we felt that would be kind of an easy transition for that residential zoning. The Planning Commission heard this item in late September of 2022, the East Central Community Council expressed opposition to this rezone, as did some of the residents in the area. The East Liberty Park Community Council, which is an overlapping Council, supported the petition, with condition. Excuse me with conditions.

N

Overall, the Planning Commission recommended denial of the proposed zoning map Amendment to the proposed of the proposed SMB zoning based on two of the two, the following two reasons: the plan Salt Lake, is not supported by this application, because the housing loss does not support the goals of planned, Salt Lake and the second one is the SMB Zone will not necessarily decrease congestion on the road.

N

Any questions, unlike like.

A

Brian was saying.

N

Hopefully the applicant is is available, I.

A

Have a quick question before.

N

A

The applicant, so um the Planning Commission recommended denial based on plant Salt Lakes desire for additional housing, um but the application would actually not reduce housing. It would make permitted a four-plex that currently exists am I understanding that correctly.

N

um A little bit yes, it was.

A

The short-term rent.

N

um So three of the units in the dwelling there are four units three of the dwellings are illegal and they have been used as Airbnb, okay, short-term, rentals or less than 30-day rentals.

N

If so, at this point, if he were brought up to code, he could have two legal units in the in the dwelling right now. So but three are they gone.

A

So denying the requests would actually make what is currently four units. Now, the discussion as to how they're being used is is separate and important correct, but currently four units would have to go to two.

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A

Request would actually reduce the total number of housing units correct now. There's a separate question about whether or not those housing units are being used for housing or for short-term rentals right I thought that there was a recommendation that it was approved with a restriction on short term. Are we getting into.

N

That was in my job. Well, that was the recommendation from staff. Is that, if that he would use them for long range or excuse me long-term rentals, and that was we had talked about a development agreement on that and.

A

I I well so that was a question for the applicant when he.

N

A

If that's amenable, okay, yep, okay, any other questions before we John did you have something.

P

Or are we oh I was just gonna mention that um the property is under enforcement, so for the use of the short-term, rentals yeah.

A

Correct, yes, it has already been the compliance division thing right.

Q

H

Just just want to clarify the current zoning allows two houses or correct.

N

It would if it was between homes.

H

Whatever two houses on.

N

There correct single or two family, okay.

H

A

So I had a question: is there another option, aside from the rezone to do- and this probably is like starting the whole process over, but would it be to keep it as the R2 Zone but make it illegally non-conforming? Have it like a zoning certificate that it's illegally non-conforming fourplex or is.

P

That not it wouldn't be an issue, because it's just non-conforming it wasn't create. If it had been created legally, then we could go back and say Hey you get to keep those four units because they were built at a time when they were legal. But at this time it's not legal, not conforming, it's just non-conforming. So that's not it that's not an option. Okay, no we'd have to change the zoning to.

A

Allow for additional units understood okay, but in order for the okay, that's helpful, thank you. So should we.

R

S

Chair go ahead, councilman Fowler, um so the idea just to make sorry I'm, probably beating a dead horse and I don't mean to, but the the plan is not that we would like tear down and build something else. The plan is just to get him back into compliance in some ways by allowing what's already there as of right now that is sort of what the plan is.

N

In working with staff, that has been the plan that he would keep the existing house and we would try to get the units to be legal. However, if this rezone does go through, he does.

S

Have the ability to tear it down do whatever that conforms.

B

S

That correct I love this house, yeah.

H

It's a beautiful house in in the in the a small business neighborhood right, a lot of business neighborhood business allows uh businesses and and multi-family drawings, also correct. So.

A

It also allows short-term rentals. It.

N

A

Does not no a small neighborhood business does not correct.

N

It would have to be long term still, but.

C

N

He has the potential to have the multi-family for four units.

A

Okay, so the adding the additional restriction for the short-term rentals is the belt and suspenders thing.

N

Yeah, it's just to keep him in line to not have to go through code enforcement continuously that he would stop the the short-term rental.

A

Okay, so, even if it's okay, that thank you for clarifying that, even if we rezoned to SNB and put no development agreement about short-term rentals, still not allowed correct rentals.

N

Correct: okay, yes, but.

H

You could also you could also just uh flatten this place and put in businesses without any housing. Also, would it would.

A

Do a limitation, but it would be housing loss mitigation. At that point,.

N

Exactly you would have to go through housing mitigation and um there would be a height restriction, so there is- and he would have to go through development review process with the Planning Commission right.

H

Yeah I mean, but that's still on the table because it's a rezone question not a what.

S

It's going to do with it. Yes, yes, Mr, chair, I, have another question.

A

S

Question so how many units are there in there right now again or there is a total of four? Yes, okay, okay got it.

A

Okay, so why don't we go to the applicant? uh Hopefully it's Mr Ali glicco.

A

um Hopefully you're here and heard some of those questions and are able to kind of respond to them, um but you have our policies that the applicant has five minutes. If you would like to take it.

N

I, don't see him on the list and I I know that he was planning to be here but he's assuming it's at three o'clock. So.

Q

A

I wonder if we come back to it, I think it's probably fair to give the applicant the time to respond to those questions that.

N

Would be great.

A

um Is that all right with council members? Okay, let's move on to item number four, then, is that applicant here we're now really ahead of time.

A

Yeah I, like it too, let's just tell them to come early foreign.

M

Mr chair, the applicant is not here, I met emailed them and let them know that you're running quite a bit ahead of schedule and.

A

Ask what if we jump to adu's since that one is has no applicant attached to it? Is that correct? Okay? Great? So we are we're gonna just move around a lot this year it sounds like item number five, an accessory amending an ordinance amending the text regarding accessory dwelling units, so we have at the table Brian Fulmer, Nick, Norris and Michael Michael.

T

Is on his way he's on his way: okay,.

A

Is Kelsey coming back as well, potentially maybe.

E

A

um Just as a recap, this was a ordinance change that was initiated by the Planning Commission right they're, one of the three bodies that is allowed to initiate ordinance changes, and so they requested that this get put on and we have talked about it before as a council. And so now we have. The draft in front of us go ahead. Brian.

M

Okay, thank you Mr chair. As you mentioned, this is a proposal to amend the city ordinance related to accessory dwelling units, making external units a permitted rather than conditional use expand locations in the city where they can be built, simplify the standards and encourage their distribute or their construction, and with that I'll turn it over to Nick and Michael when he gets.

T

Here I believe we have a yeah if you wouldn't mind, go I'm just going to start the presentation, while Michael is trying to probably gather his stuff. um So if you wouldn't mind going to the the next slide, uh so just to recap the process this was initiated by the Planning Commission back in February of 2022.

T

We also briefed the city council last I think it was March, maybe February or March right around the same time. That happened to get some input on what to include in that proposal, and we've went through that process of drafting the code and the proposal to start and then went to the Planning Commission um in late summer. Early fall of of 2022 um next slide. I started your presentation. So sorry.

A

Mike, okay,.

K

You are running down: okay,.

U

So uh so, if we go to oh okay, all right, so the proposed amendment would completely strike the current Adu ordinance and replace it with a new one. There would also be small changes to some other sections of the zoning ordinance. The changes are summarized on this slide in the interest of time. The rest of the presentation will focus only on the larger proposed changes in more detail, but I do have the full proposed language in front of me and I will be happy.

V

U

Any questions that you have about the changes after the presentation next slide.

U

Currently, the city requires conditional use approval for adus and six of the zoning districts where adus are allowed when the code went into effect in 2018 the current code, both internal and detached adus required a conditional use in these zones, but House Bill 82, which was passed by the state legislature in 2021 preempted, the city from being able to require a conditional use for internal adus.

U

The conditional use requirement remains for detached units under the proposed amendment. The conditional use requirement would be removed for all adus conditional uses generally require a minimum of three months to process, although they often take up to six months. They also require a filing fee of 856 dollars for fiscal year, 2023, plus the cost of postage to send mailed notices to property owners and.

K

Residents within 300.

U

Feet of the subject: property, the processing time and financial costs present an obstacle to many who wish to construct an Adu state law requires the city approve of conditional use if potential negative impacts of the use have been reasonably mitigated.

U

Adus are subject to specific standards regarding bulk height and yards, as well as other requirements that are designed to mitigate negative impacts. As a result, the Planning Commission rarely denies a conditional use application for an Adu and generally do not require changes to meet the parameters for conditional use approval.

U

The utility of requiring a conditional use is consequently limited for the city, applicant, neighboring property owners and residents. Next.

K

A

I just asked this quick question Michael, you said rarely have we ever so. Actually none have ever been tonight flat.

K

Out: okay, thanks.

A

K

A

Of all the Adu applications and I know this, because when I was on the Planning Commission, we had like five a meeting uh in the last four years or, however long they've been happening as conditional uses. Zero have been denied, so it has been an administrative process that I'm just summarizing, for it's been an administrative process that has resulted in a zero change in what would have happened anyway, but just made time and money for the applicants.

S

Can I yeah follow-up question Mr chair so did the conditional use come out of the Council of wanting the conditional use? There is part of the ordinance like you had to go through that process.

S

Just looking at some procedural process here like did we decide that and then I remember the state coming back and being like hey, you can't do that and they're all of that part, but initially was that something that to get the I was new on the council when we very first passed the Adu ordinance, but that was one of our conditions right. There.

T

Yeah the council asked for some process for there to be a public input and the conditional use process was the only one that actually really made sense for approving a use.

S

Okay, yeah, but now we we can't do that anyway, because the state came in and said.

T

Just kidding when it's internal to the principal dwelling or attached to the principal dwelling, they're permitted under state code, okay,.

S

um Yeah, external ones, we could.

T

S

Part of that conditional use process, that's.

T

Right and that's been going on for about a year and a half now, okay,.

A

And there's one more Nuance right that the conditional use currently is only on single-family zones. Any time there's a multi-family, it's already a permitted use, so any of the RMF zones that that issue would.

T

Not change and in any Zone that allows a duplex, so our Tuesday sr1a sr1 R2.

S

Essentially, that process through conditional use with the external edu is probably- and you may be getting there already and we're jumping the guns but um probably doesn't affect a lot of the city- is that right.

A

Well, there's a lot of R1 zones.

S

Yeah yeah so still are ones: okay. Okay, thanks I'll. Let you finish.

U

S

Presentation this.

U

Might rehash some of what we just talked about, but, um okay, this map shows an orange where conditional use is required today for a detached a to you zones colored in green, permit, both internal and detached adus without a conditional use process and areas in Gray do not allow a to use zones that require conditional use are the city's three single-family residential districts, as well as the three Foothills residential districts, all of which generally permit only single-family dwellings zones that permit both types of adus without a conditional use are those that allow for duplex and multi-family residential buy right.

U

As you can see, a conditional use approval would be required for an Adu on a significant portion.

K

Of the city's land.

K

U

In addition to getting rid of the conditional use requirement, the city is proposing to expand the zoning districts and types of properties where adus can be built. Currently, adus are only allowed in residential zoning districts and some special purpose districts such as the agricultural districts on properties with a single-family residence as the principal use. The city is proposing to expand the availability of adus to all downtown commercial, form-based, transit station area and Gateway districts.

U

They would also be permitted on properties with a duplex, multi-family or non-residential principal use. Next.

K

U

This map shows how widely the availability of adus would be expanded if the amendment were passed as proposed should be noted that this map simply shows where the zoning would permit a to use. Individual properties within those zoning districts would still need to meet zoning and other City requirements to build an Adu.

R

Sorry, Mr Jeff.

A

Go ahead, councilman Fowler clarification.

S

So this is the proposed where everything would be right.

A

Or it would be allowed now a lot.

S

Of these areas includes, what's already allowed, but.

A

S

It is that it's color-coded to say What would be allowed throughout the city exactly okay,.

H

That's true yeah.

A

Councilman Dugan.

H

Jumping on that, so you currently have a duplex you'd. You would be allowed to have one additional Adu on that lot. uh Correct! That's correct, conditional and.

H

Duplex right now, you're allowed you're you're permitted also to have a not.

T

So right now it's tied to the use, so it's only allowed for a single family right.

W

T

um This proposal would expand that to any use in those zones.

R

T

A duplex, a Triplex, a small apartment building, you could potentially add an Adu.

H

As well, you could add actually add one more unit to your place, correct we're going to call it an Adu, but you can actually add one more unit.

A

Is that one per property, or one per dwelling unit? What about in the case of single family attached.

T

Each each unit is considered a separate, a separate single.

A

Family yeah, okay got it.

U

uh The Adu ordinance currently prohibits short-term, rentals and adus and that prohibition is proposed to be carried over to the new ordinance next slide. Please staff recognizes that there is a significant barrier to Adu construction caused by the restrictive nature of the city's size, bulk and yard requirements.

U

Under the proposed amendment, each of these standards will become more permissive with that said, the proposal still includes minimum standards to mitigate negative impacts on neighboring properties. I'll walk through each of these proposed changes in the following slides next.

K

U

Beginning with maximum size, the city currently has two different requirements depending on. If the Adu is internal or detached. If the Adu is internal, the maximum size is limited to 50 percent of the gross square footage of the principal structure. However, houseboat 82 preempts the city from being able to impose a size limitation on internal adus to align with the new state law. There is no maximum size in the proposed draft.

R

Sorry Mr chair, um oh.

A

Go ahead, councilman Fowler does.

R

That mean does.

S

Hb 82 say we can't have a maximum okay, so we kind of have to do that anyway. Correct.

A

Okay, this is for internal adus. Only yes,.

U

For detached adus, the city currently allows for a maximum size of 50 of the footprint of the principal structure up to 650 square feet. In the proposed draft, the city is proposing to increase the maximum allowable size to a thousand square feet.

U

Staff originally proposed a maximum of 720 square feet which would have aligned with the maximum size that is permitted.

R

U

Other accessory buildings in single-family residential zones at the hearing, the Planning Commission added a condition to increase the proposed maximum so that sorry lost.

K

U

So that it would be more feasible for family-sized adus to be built, the maximum size would also no longer be tied to the footprint of the principal structure.

U

If the lot is larger than 12 000 square feet in size, located in a non-residential, zoning District or part of a planned development with four residential units or more, the Adu could be up to 1200 square feet in size.

K

U

The maximum height of a detached Adu is currently limited to 17 feet or the height of the principal structure. Whichever is less, if the principal structure is taller than 17 feet, the Adu is allowed to be the same height up to 24 feet.

U

The city is proposing to keep the same maximum height of 17 feet, but remove the limitation that the Adu has to be the same height as the principal building or.

K

U

We are also proposing that a height of up to 24 feet be allowed if there is a commensurate increase in setback from side and rear.

A

Property lines.

U

A

Can I ask you a quick question on that, so 17 feet is allowed with? Is that with the forefoot setback or the ten uh it's changing.

U

So it's seven three feet I'm. This will be on the next slide, but it's three feet: that's okay! It's three feet from a side and interior side and rear, and then it would be 10 feet from corner side.

A

Of course, okay and then, if you want to go from 17 to 24, you would need to add an additional seven feet onto that. It.

U

Would be an additional foot from the minimum for each additional foot in height above 17? Feet am.

A

H

The math wrong seven pieces.

A

H

A

So seven feet.

T

Right to get to the 24.! So if you went to 24, but you could do 21.

A

52 feet and great to 19 feet.

H

Okay, that makes sense. Thank you, I, just question on that the height so flat roof versus a pitch truth is 24 feet to the maximum for the pitch troop. The highest point of the pitch roof.

H

Is that what 24 feet is and the and the secondary? You could also have a pitch roof up to 24 feet, but not a flat. A flat roof would have a minimum there's a lower minimum, because I think that's what it is for single family homes, flat roof is different from a picture. You.

T

Have to look at the, let me regulation I'm, not all right.

U

Thank you. It's uh 20 feet for a flat roof yeah in the proposed.

A

Language, maximum, okay, yeah got it.

U

Okay uh next slide, please so again.

K

This might rehash.

U

Some of what we just talked about um uh So, currently minimum setback requirements, are either four feet or ten feet from side and rear property lines depending on the type and height of construction. A new accessory building or addition to an existing accessory building is required to be four feet away. While a second story addition or new accessory building taller than 17 feet must be 10 feet set back unless the property abouts an alley, in which case the setback can be reduced to four feet.

U

The city is proposing to make these standards clearer and slightly more permissive. The minimum setback would be three feet from interior side or rear property lines. Under the proposed language, a 10-foot setback would be required from a corner side property line. If the Adu is taller than 17 feet in height, the minimum setback must be increased by one foot for each additional foot in height above 17, feet.

K

A

Sorry can we keep interrupting I feel like it's good to just jump in while the slides can we go back to the last slide?

A

um Currently, what is the current Corner yard setback for a detached single story? Adu.

K

Let me pull up. The current ranks is.

A

This actually and I'll just go to the point that I and want to cons the council to consider I'm, not sure the difference I see why we're doing reducing the um setback for Second Story adus, if adjacent to an Alleyway, I, think that makes a lot of sense. We want the Adu to it to be close to the alleyway, add light to it all the other things I'm, not sure why that's different for a corner yard setback where you would basically be adjacent to a public way.

A

um So that's the question I want to consider is, if that 10 feet from the corner side, Lot line is appropriate or not.

T

I think the so the the issue with the corner um said: Jared setback is in the current standard. There's there's not a specific standard um that applies to that and therefore we defer to the general accessory building, which is Corner setback, which not only is it 10 feet, but I think it actually says can't be closer than 20 feet to the property to that corner property line when it's in a site in that corner or side of your yard.

T

So there's a couple of Provisions there that um okay don't allow an Adu to be closer to the street when it might be. Sometimes it might be appropriate. It.

A

Was the was removing that 10 feet so 10 feet is.

A

Closer to the property line than currently allowed, so that's mostly because the current ordinance didn't think yeah. That's.

T

That right, okay, that's exactly right, and so what what that does? Is that it? It allows for that Adu to be shifted closer to the street versus closer to what would otherwise be that opposite property line. So the more the Adu is pushed onto the property. It means it's getting closer to other property lines where it might have an impact. This allows that impact to be similar to the home, in that it would be along the street instead of to those adjacent properties.

T

A

um All right, I'll think about that for a second okay, Mr.

L

Chair yeah go ahead, so I had a quick question related to the opposite property line. uh Comment you just uh mentioned I. Is there a reason for having three four feet? Ten feet, Beyond some of the things that we have internally? Is there a fire code recent to these things, decisions? Okay, because I still, you know I still don't understand the idea of and I guess. Fire code might explain this, but uh why do we have to have those spaces? Those I think wasted spaces in between fences and yeah. So.

T

So for for an inhabited building like a home which, in Adu in the fire code, is just considered a home right, um there has to be in order to have doors and windows Etc. There has to be a minimum of um of six feet from between it and the next building, and so when you do three feet on one side, it means the other person can't negatively impact one property owner's ability to also have that three feet. If we went down to say one foot, someone builds it and then the neighbor wants to build it.

T

The neighbor has to actually provide the five feet, and so it negatively impacts their ability to do to have the same property right so by applying the setback. Equally, both Property Owners share in that. If that makes.

L

Sense are these rules like Utah specific, or is this like a National Standard.

T

So it's part of the international fire code- uh that's not going to be in the fire code. It's it's part of the building code, that's adopted at the state level and we don't have any ability to adopt anything different than that. Okay,.

L

That makes sense I just like have seen in other places a lot of more closer construction, and you know to me it's a little bit of a waste of space, but if it makes sense for fire code.

A

I mean to be clear: you could build it under the fire code if you built that wall as a buyer wall which is more complicated and would I mean I, think there's an argument to removing that. But I three feet is actually I. Think pretty reasonable I think we can get. You can I think the outcomes that we're hoping for can be accomplished with the three feet and then it's just a little bit more space for like. If someone has a garden there there's a little more chance for mitigating shadows and things like.

T

That yeah, one of the things that we've seen the most is when people provide that small yard. Basically, that setback is it's usually a place where they put like their garbage cans behind a fence, and things like that, so it's it becomes more utility space than than anything. If it's it, you know if we had the same setback as like a shed at one foot, it becomes a I mean that basically one foot is enough to get in there and maybe clean it up. Right, clean leaves up, and things like that. So in.

L

My house is a fire hazard, all the junk that I accumulate in those places.

A

um That does bring up a question, though sorry we're going down a rabbit.

H

Hole Yeah, but.

A

um If someone builds a shed one foot away from the property line, then the adjacent property owner would have to be five feet away from that shed because.

T

It's not an inhabitable building. It's not subject to the same rules.

A

You're right, okay, that makes sense councilman Dugan.

H

This is uh it used. What are the restrictions for a detached garage? Are they the same as this they're one foot, one foot for a detached garage from the property line when.

T

In the rear yard, in.

H

The rear yard yeah okay, because I'm, because my police likes three feet or less I'm, I lean the other direction, but we'll get I have some other questions about other things. So I'll, let you continue and I have a.

A

Okay, sorry to keep interrupting, but this has been productive so far, thanks for bearing with us go ahead. Michael.

U

um Can we go to the next slide.

U

The idea of leveraging a to use to activate public allies was first discussed by the council at their work session. Last March. They asked if staff could create requirements that would help adus to be more responsive to alleys, making them more useful public spaces and safer by putting eyes on the street. Under the proposed amendment, the following requirements would apply to any detached Adu located within 15 feet of a public alley, one an exterior light on the wall of the Adu to eliminate portions to illuminate, excuse.

K

U

Portions of the alley adjacent to the Adu, the light would be required to be shielded and pointed down. Uplighting would be prohibited and two, a four foot wide pedestrian path would be required between the alley and the entrance to the Adu there's a fence between the Adu and the alley. A gate would be required and the path would need to lead from the gate to the Adu entrance.

U

There would be an exception in the requirements for paper, alleys or those that legally exist on subdivision plots, but have not been physically improved or are inaccessible.

K

U

Under the proposed changes, the parking requirements for an Adu would remain mostly the same as they are in the current ordinance right now. The city requires one off-street parking spot parking stall for an Adu. That requirement can be waived if there is legally located on street parking available along the street Frontage.

K

U

Subject: property or the subject properties located within one quarter mile of a Transit.

K

U

The proposed amendment leaves the same requirements in place and adds the following circumstances under which the requirements provide an off-street stall can be waived. One. The property is in a zoning district with no minimum off-street parking requirement. Two. The property already contains at least one accessible stall above the minimum parking requirement for the principal use and three the properties within one half mile of a designated bicycle lane or path.

U

The amended language would also clarify that, in order to qualify for the exception, based on the availability of on-street parking, there must be an uninterrupted curb length along the street Frontage of the subject: property that is sufficient to meet the legal requirements of an on-street parking stall.

K

H

And we I'll hold off my questions until.

K

H

Okay, go ahead.

U

Okay, I'm, getting to the end here, um the city currently requires that any property with an Adu be owner occupied in perpetuity staff explored the idea of removing the requirement, but the Planning Commission indicated that they would like to see it remain.

U

This requirement is also popular among some members of the public and, in fact, was identified as a specific provision that many would like to see remain when staff presented the proposed changes to the Sugarhouse and Yale Crest community councils. Many of the public comments received by staff also indicated they would like to see the requirement.

K

Remain in place.

U

The proposed language currently retains the owner occupancy requirement, with an exception added for duplex, multi-family and non-residential properties, because those are not typically occupied by their owners.

K

U

Upon further review of the changes, staff realized that the proposed definition of internal Adu, which would be added along with several other definitions, does not fully match the intent of the proposal.

U

The definition makes a reference to an internal Adu being accessory to a primary dwelling, but the intention was that in Adu, whether detached or internal could be added to a non-residential property as well. Staff is suggesting to change that definition to read that an internal Adu is accessory to a principal building instead, which is a more inclusive definition.

U

The original proposed definition also says that an Adu must be located within the footprint of the primary dwelling. At the time the Adu is created, which staff feels could lead to confusion about whether an internal Adu could be built as part of an addition. Steph is suggesting to remove that section entirely.

A

Means it could be built as part of an addition? Yes, but it would just be attached that would be considered an internal.

R

A

Yeah go ahead, I.

S

You're, an expert on all of this I'm, not so.

V

Can we input.

S

That particular slide in layman's terms um or Amy's terms of like so I under as a lawyer. I, understand, arguing over the word and so I get that but like what exactly is the difference between a primary dwelling and a principal building.

U

um Primary dwelling refers to a specific use and we wanted to be inclusive of non-residential and the dwelling is a residential use.

S

So if I had like um like a storefront- and it was a principal building like if it was you know, the local, Corner, Market or something I potentially could put an Adu behind that and have that be for housing of some sort um going back with how this intersects, with the idea that you have to have a principle occupier right that we have like right now, you have to have somebody that owns the building to be there. How does that work?

S

If I don't actually live at my store, but we have the store and I own the store and then like how do those two play together because it seems like they would contradict one another in some ways.

U

um We added an exception to the owner occupancy requirement for duplex multi-family and non-residential properties. Okay,.

S

So it would only be required. I saw that so I realized that I think it okay so and then um sorry, I, okay, that's it for now, thanks well.

U

That's actually the end of my presentation so.

K

Wow, thank you.

U

Happy to to take any additional questions.

A

um Okay, I think we probably have a lot of questions on that yeah.

H

A

You had I'll.

H

I'll start, hopefully, I'll start with the uh the last Slide the slide before this on the park inside the house.

H

um When I look through the different neighborhoods- and we have a lot of number of neighborhoods- that with smaller older houses, they don't always have a driveway, they don't always have a garage on their house and they're in small streets and there's a uh the auth. The on-street parking is already tight for those areas and I'm concerned that you add another place residency in there without a requirement for uh off-street parking, and then we would just compound the problem with parking.

H

So I'm I'm in favor, of having requiring a off street parking, uh look spot for the additional Adu, because I've I look some of these neighborhoods and some of them are very tight because they have no garages because they're, older and no driveway so to to eliminate that I think we're causing more problems than good by not requiring an off Street parking location.

U

So if I could just clarify so there already is an exception in the current ordinance. For yes,.

H

So I look at your list here and I go within a half mile of a designated bike lane and path. Every street is a bike lane that we can always confirm that to every street to bike lane in the path and I think that is a really uh that was a weakling, the location within half quarter. Mile and I understand we want to make this. We don't want to make this a car-centric area, but we do have cars in these areas and on these smaller streets already making it a chance to stop.

H

You know the frequency of the transit stops not within rapid frequencies. If it's 30 minutes 15 minutes, it's still not there.

H

Yes, you can park on the street, but already everybody else is parking on the street because they all don't have a garage or driveway, so that already just exasperating the problem. So I really think that uh no matter where you are on this single family Zone residency, you should repeat required to have a spot for that for that unit and if you.

A

Can you can't, are you suggesting we take away all of the exceptions to the off street parking requirement for the for the uh for the uh all adus are just for single families.

H

Zones single family zones adus because I think the multi-final zones adus already probably have some off-sheet parking requirements there. If you have a duplex, because if.

A

You look at them. Some would have a zero parking requirement in some zones. Well, TSA zones and Forum base.

H

Yeah I'm looking more at the single family zones, because they're already on smaller houses or smaller streets, with a lot of parked cars.

H

Okay, I'd like to I'd like to re-look at that, because I I, don't I, think we're doing a disservice to a lot of different neighborhoods, but by requiring allowing them to park off uh on Street.

L

I I, you know I I, think I ideologically disagree with it with the point in in general. I I do believe that I do or don't disagree with I do disagree with you.

L

Disagree, Okay, I, uh I think that we are trying to solve a problem that um is hypothetical uh right now, because and I I mean we by allowing um you know by permitting this across the city or in in larger chunks of the city, it doesn't mean that every house is going to get an Adu right, um so it means that some of them well, which might add a few cars to the streets, I, mean I, think I can see the problem.

L

If every house did I do understand that that in some streets it is tighter parking but creating uh creating going the other way by requiring parking. We're creating a different problem, I think so I I do understand. That parking is something that stresses a lot of the neighbors.

L

um But you know we are an urban setting, City and growing and I think we need to go bold on this and I understand that the pressures that you see in your neighborhood and your part of town are different than many of ours and I. You know we have heard this issue and and closer to to my district and and parts of my district as well, but I think that this ordinance needs to go that way by not unnecessary requirement requiring parking, but I believe that the exceptions made in the endurance are are adequate.

L

In my opinion, yeah.

H

I I'm I, just kind of disregate I, understand we're not going to have ideas at every house, but when you have this smaller houses with no driveway and already know uh everything's in those off street parking already, there is the pressure of that that neighborhood himself and understand that if you have a neighborhood that has a lot of street parking, then- and you probably have a driveway- and you probably do have already additional parking spots there available for adding another spot for your uh Adu, so I'm, looking at just for the single family zones.

H

I think we just need to re-look at this, because I think we're we're adding a lot of things here that don't really add up to supporting the neighborhoods and the and the idea that that parking. So I'd like to revisit this but I'm, not in favor. Yet at single family homes having uh just options.

A

Okay, so we have one question about the parking that so I'll just write down the parking requirement it councilman did you have another point: you wanted to bring up that's separate from parking, so uh just to kind of I think that's worth discussing. I would um I tend to maybe be a little more on the side of we.

A

We want this to add housing and the more barriers we put to to this the harder it will be, though the one thing I mean I, think I could get piecemeal and look at maybe one or two of these things, these new exceptions not being added in but I, wouldn't want to take away them all. I think a lot of them are really um make a lot of sense, so I may be able to be somewhere in the between the two but I I.

A

Definitely don't want to say: there's never an exception to the off street parking ordinance, even if you're right next to a Transit, stopper or whatever else so I I think I could be somewhere in the in the middle councilman. Father did you well.

S

Chris was first.

R

A

R

S

Have a follow-up on the parking stuff when we're there again after Chris, okay,.

X

He was first thank you.

A

Go ahead, councilman Warden.

X

um Thanks um I I've been a long time supporter of adus through lots of controversy, and lots of iterations and I absolutely have have been an evangelist for adus as a tool to help us with our housing problem. But there are areas of the Avenues the lower Avenues, where there already are. You know, apartment buildings next to single-family houses next to duplexes that have significant we're talking about.

X

You know a quarter of the size of of other blocks in some instances um where I really am concerned, not just in the Avenues in marmalade and in Guadalupe, where also these are areas that are constantly being hit by like events in the area. I know in my neighborhood in marmalade, all of the Streets between the conference center and my house, which is on Six North, are full every time that there's any event at the conference center and I worry about not having any parking requirements for those areas.

X

It's not just that it's inconvenient for Neighbors it's going to make it so that some people can't access their own homes, because they're going to have to park on a steep down at the bottom of a steep hill and they're not going to be able to get into their home because they're not going to have the ability to get up that hill, um so I think there's a way to fix to come up with something and I, don't want to create more work and have it be a case-by-case basis. I really don't.

X

But there are areas where you know you can touch in between the two houses. They don't have driveways, there's no way that that this is going to be a successful Adu. If we don't have some kind of parking fix that isn't this broad of a brush, so I'm not sure how we make those zones I don't want to make it a case-by-case basis, but I can't support it if it doesn't have more consideration for those areas and then I have thoughts about the conditional use thing too, but I.

X

If we're just gonna, do we want to just do parking first and then I.

A

Mean councilman, you had a note on parking and then let's move on to.

S

It yeah um because to follow up directly on what Chris council member Wharton was talking about. I was thinking about all of this, and you know I'm I'm, not a proponent of required parking I. Think we've been down that I am definitely a proponent of adus, um been through all of that controversy.

S

After years of you guys, working on on this ordinance and finally getting it getting it passed, but it made me think and I'm going to speak anecdotally, but it made me think of the neighborhood off of 700 East in Wilmington, which we were just at Ryan was with me. Julie was with me where um there really are no driveways in these houses, and we have the Brixton apartments right there. Next to um next to the S line, probably have 100 plus units I would guess at least and require that you pay for parking.

S

So a lot of people won't pay for parking, but then park on the streets, so our homeowners literally can't park on the street in front of their home or around their home because they have no driveways right and I. Think that's a lot of what councilmember Wharton is talking about, so I'm wondering if there is a way again, not a case by case but looking with our attorney's office and in sort of that that legal way of saying maybe adding another little piece to this.

S

Where there just isn't a driveway, then some like, then you have to figure that out or something I, don't know, I, don't know what that looks like that's up to the experts haha there you go um but something there because I I do understand. We are especially in Sugarhouse in my area right we're getting hundreds and hundreds of new units and a lot of I'm lucky that I have a driveway, but we just added off street parking to my street right and so everybody parks in front of my house. I.

S

Don't care because I can get into my driveway, um but it'd be a real pain if I couldn't and for some people with Mobility access, it would be almost impossible in some ways. So but I see a lot of the the difference. The different nuances here um again, I 100 agree with council member Ward and I. Don't want to make this even more work.

S

That's a whole idea of looking at this Adu ordinance again right of trying to come up with that sort of menu of things that you can open up and we're not like creating more and more barriers, both financially um and and just logistically to people who want to do this, but I think there's gotta, there's and every time we do this.

S

There's probably we push a little too much and then have to pull back, or vice versa, um but but I see that that contention right there and again this is coming from somebody who I'm like all right, make me park somewhere else. Then then I'll take the bus or I'll ride my bike right, I get it I'm, but but I can see some of that contention. There I'm curious if there's a compromisable walk, I.

A

S

Line to walk down.

A

One thought on a compromise that is probably out of left field and impossible. I, don't know, but I I think there's also so I'm thinking of these properties, where they don't have a current driveway, maybe they're taking up they don't have enough space to add address right now. Our driveways have to be our off-street parking has to be behind the front facade of the principal dwelling right I'm wondering if we can look at that for some of these historic places where we do want them to have off street parking.

A

But we allow that to be a portion of their front.

T

That's in our code already, oh.

A

It is okay, so your parking doesn't have to be behind the front line. So if.

T

You're, if your side, yard or rear yard is inaccessible, there is there are provisions and they're um both in the prior off-street parking regulations and in the one recently adopted that addresses that that.

A

Allows it okay, so parking is that maybe the.

T

Other thing I'll add anytime, you add a driveway you're, actually removing on street parking street parking yeah and so there's a if you're getting gaining one but losing one. It's really a wash yeah.

A

And you're privatizing it so right only one person is allowed to use it. Yeah that's valid okay, so parking is a question that I think we'll have to maybe consider. Maybe our public hearing will help. um Do we have other questions? Yes, that I also have some so yeah.

H

Again, my next one would just be on the size of the unit. You know the current unit is 650 feet. I think the staff report I had was it was up to 720, but now the current edition is a thousand feet, but if you're uh R1 12 000 it's up to 1200 square feet and the I'm I think we're all fans of adus and I appreciate the adus and I think there was a it's a right tool.

H

We knew it wasn't going to solve housing problems because we knew that was going to be impossible, but it is an additional and Avenue to increase housing and density. So I agree with that. I hesitant because the original intent was for one or two occupants of an Adu at 650 feet and I'd like to keep that intent by growing by growing the number of size.

H

Then you can increase some population, then you can also increase your truck car problem because then you could actually, then we more people living could increase the cars, but also now you're, really trying to now you're, really taking more character. One or two people I can see adding the bigger space back.

H

There really does impact, not only your your a lot, but also the neighbors here around you, so I think I'm more in favor of keeping the 650, maybe increasing it to 700 or so, but a thousand feet is a little too much for me and and 1200 feet is also a little too much for me for the neighborhoods and.

T

Just to clarify that was a recommendation from the Planning Commission to increase that from from the staff proposal of 720., okay,.

A

Lots over 12 000 square feet also a Planning Commission Edition, or was that already in the yeah that was already in me, 100.

H

Square feet: oh, that was in the original one.

U

Yeah the the 1200 square foot- oh.

H

I didn't realize that that wasn't I didn't I, didn't read it that part of it, but.

A

The base requirement of 720 going up to a thousand is a Planning Commission Edition, not a staff, so um I I think that the if you have a giant Lot, 12 000 square feet is a giant lot. I. Consider that a giant lot. So if you have that big of a lot I think allowing your Adu to be a little bit larger makes sense. I, maybe could be convinced that the 720 was the correct number in the beginning.

A

720 is big enough to have like a two bedroom compact, but a two bedroom unit, so I'm I, I I'm, open to this discussion.

H

Yeah I'm, not in favor of the thousand feet.

A

L

I'm also not and I, don't have any concerns with the size of the with.

A

L

Or going higher.

A

Or going higher I would be okay going higher as well, but if that's the sticking point, I I think that the 720 can accomplish a reasonable, moderate sized two-bedroom apartment, which is I, think kind of what we're trying to hit here. That's my thought, though, any other discussion on the size I have another yeah um I, so I would be okay with that. The one thing that I do want to change and I know. This is somewhat controversial. I think we need to get rid of the owner occupancy requirement.

A

That is um to me the biggest barrier for these to become a tool for to create housing, the types of units that would actually um construct these and use them as housing that would change our housing stock, our houses that are already being used as rentals and so I think we have to open it up to that segment of the housing market. In order for this to ever become a tool that can can increase housing, stock. I. Think saying that you, even if it somebody lives in the house right now, it's a pretty significant disincentive.

A

The owner occupancy requirement is a pretty significant disincentive to building this, because that means you can either never move or when you do, you must sell the property and then, when you sell that you can only sell it to somebody that is also willing to live there as an owner, occupant and so I think it it makes it makes. It would make me question whether or not it makes sense, not knowing where I'll be in 10 years or 20 years.

A

So I I would like to remove that I know that's controversial, but I I think I could give on some of the size things and maybe even the parking, but I think that owner occupancy requirement is the biggest barrier to this, helping our housing stock and.

L

I I I I agree with you, but until we are able to enforce our uh you know, short-term rental problem uh I'm, not feeling comfortable releasing that piece um and I know that we are, as a city, we're working on that to get some tools from the state this session. So right now so I will be scared of opening that door, because if not the the incentive is to turn this city into uh short-term rental I, don't want to name a company, short-term, Rental, central, so I I.

A

See those as two separate things, because the owner occupancy means that one of the two has to be occupied by the primary dwelling, correct, but primary resident, but that doesn't say anything about short-term rentals. Those are already not allowed right.

L

A

The current and the proposed ordinance.

S

But but they don't have a way to enforce the short-term rentals I think that's I. What we're getting that is that at least now there's another compliance step that is out there right that, like you, have to have owner occupancy to build this, whereas right now I mean I. Well, didn't we have some analysis where we'd have to hire like 20 new compliance, people just to try to regulate short-term rentals within the city um and so I think that's an excellent point until there is an easier and better way to actually regulate short-term rentals.

S

What we look at throughout the city I think the owner occupancy is at least it is a hurdle you're right, but it's a hurdle that we put there on purpose.

A

But I, okay, I, guess I'm having a hard time connecting the owner occupancy to the short-term rentals you're, saying that if the owner lives on the property, then they're less likely to run a short-term rental in the accessory dwelling.

L

Well, I yeah, yes, but no okay! uh So we're creating a lot more uh by removing that distance, and you know that's disincentive we're allowing a lot more adus that are going to turn into airbnbs. uh Most of them, I will bet, uh will turn into airbnbs, because we have zero tools right now, almost to enforce our loss, our our ordinances and right now, even uh we have I feel like it will hurt us more than solve the problem on housing, um so so yeah, so I, I'm, I'm thinking that I feel like we.

L

We can do this uh changes in our in our own ordinance and make some progress on this, and we can just still leave that there uh until we have some tools to protect uh our city and actually allow housing create housing in our city um and then that should be an easy thing to solve uh soon uh when we have actual tools and uh we are allowed by the state to enforce our ordinance. Basically.

X

L

X

Councilman for me, um I I would love to live in a world where we could do that and where we could have not have the owner be required. I, don't think I think there are things that we can't control that prevent us from doing that. The state law is one, um but for me right now the owner, getting rid of the owner occupancy is just a non-starter, um the you know and I I don't like to like.

X

Be that firm in the language, but I gotta tell you the cautionary tale, I, think of the Avenues and having absentee landlords. Is that so many when the Avenue in the lower Avenues was an affordable place where people bought up homes?

X

um You know the larger homes and converted them into apartments, and a lot of those owners are out of state owners that don't have any particular regard for the housing market in Salt Lake that are not particularly concerned with providing um I, think affordable, rentals and helping us with the the missing middle problem and I think that removing the owner occupancy requirement will exacerbate that and I think it will exacerbate the amount of complaints that we get about, landlords that are not being responsive to Residents and that continue to collect higher rents.

X

More and more and more while providing fewer, Services, fewer, upkeep and and I understand completely that the owner occupancy doesn't guarantee that that's solved. You can have an absentee landlord that lives on the property, but it certainly increases the likelihood that that or decreases the likelihood that you'd see those problems, because you have someone. That's here, that's connected to the community, so I cannot and will not support that unless there's some sort of change to the state law, which I think we'd be holding our breaths From Here to Eternity. If we.

A

Expect we all want changes to that state law? Okay, I'm! It's.

H

So so I'm I'm gonna agree with councilman, Warden and I would also just want to add that having the owner occupancy and the owner Builder, that is now in his backyard. So he is also going to be more aware of what that house is going to do to his own his own property and then future properties.

H

If it was a if it was a someone buying the house, knowing hey can put an Adu, he doesn't really care what that Adu looks like he's going to be able to build this biggest cheapest Adu behind his house, and now he has really uh affected a lot of things here. Having the owner there.

H

His his view of what's built next door to him in his backyard also is, is an impact and.

X

He has to deal with his neighbors. Yes,.

H

L

No response, let me say, though, for for me the only reason why I'm not there yet is because of state law. um I am.

A

Married from rentals, yes, okay,.

L

Is short-term rentals the problem for me nothing else.

A

All right, well, I, think we're all United in needing better tools to regulate short-term rentals, so hopefully we'll get some some movement on that. uh I can see that the council's a different place than I am so I'll drop that I do want to State, though that I do I, think we're conflating two unrelated things, but I may be the only one that thinks that um so I'm hearing that the outstanding questions are parking, the change to 1, 000 square feet and I would like to add in there the I'm still not 100 sure on.

A

If the 10-foot side, yard setback makes sense or if allowing it to be closer to the street makes more sense on that I.

H

Agree with you, I'm also I have some concerns on the setback. The.

A

Setbacks in general, yeah, okay, so do you want to go to those sure? Did I miss anything that we've already.

X

Talked so far, oh no, nothing! We've talked about, but I have a new issue. Okay,.

A

Counselor Dugan and councilman Wharton.

H

So the current setback is at four and if we could that slide up the slide up for the setbacks, the current setback has four feet and you could be four feet up to 17 feet and but you have to go to 10 feet. If you go above 17 feet, Yes.

K

H

And then now would be three feet and then step back one foot for every foot above 17. I I, like the idea of St and I know. This is only a foot, but a foot can matter a great deal, especially if, if you're talking about next doors or side yards so I would rather keep it at the four feet step. It back. Also I'm, okay, with a step back after that till the 20, whatever 24 feet, and this is all for a pitched house- pitched roof, because the flat is still 20 is the maximum.

U

um I mean the rule would apply to a flat roof structure as well, but.

H

It just would have to just be: it would just step back three feet right. Okay can.

L

You explain this this a little.

H

L

I still don't understand why.

H

Oh, don't ask yeah you yeah, that's laughs and then for this setback it would be nice if you see maybe a plan like what is this setback. Look like.

L

So what do we gain by the one foot or lose.

H

I'm just saying you're, gonna you're, just gonna gain a little bit more of a separation from the house. That's behind your house uh and along and I'm just going to throw this on the there's. A question about the balconies and no facing balconies can only face certain directions. Is that true.

U

H

They can't face any other yards. Let.

U

Me read the proposed.

K

I can get the right pages, I'll cut out a quarter.

H

You can look at the about inside the house. I think that the setback, the reason why I'm saying the step back is one foot can make a difference. If you're looking at a wall of a unit behind you that extra that extra foot can change your feeling of of being imposed.

L

Okay, sorry I I didn't understood what you were saying now now I understand, I, think you're, suggesting to uh add an extra foot on the on the setback, so that are farther away from the neighbor yeah.

H

So right now it's at four feet and we're they're gonna, move it to three feet: I was seeing, keep it at the four feet and then and right now after you go to 17 feet, it has to go to 10 feet.

L

I I don't see the concern that I actually- and that was my point about the fire question because for me, I will put him out. One foot allow them at one foot: I live by school, I have a I, don't know it's a 30-foot wall like very close to my house, and it hasn't stopped me from having a happy life.

L

uh Maybe some people will disagree with that, but I I'm, very happy I, but I I, just unders I, do understand that some people have concerns about this, but I think they're going to have concerns about anything about adus, because it's a New Concept and it's new and there is going to be pushback about it. Anything that is new and I. Don't think that foot will add a lot of peace of mind.

L

It will still help create complaints, but we might actually make it so uh we are restricting ourselves and or some opportunities from a neighbor to actually fit one. uh It might actually create I think that we are creating an another barrier, maybe a potential barrier but I'm open to to see what you mean. Maybe maybe I understand it, but right now I don't agree with it.

A

I I think I'm, okay, with where the setbacks are in the proposed ordinance as well.

U

You had a question about the balcony regulations right um so I'll read to you what the proposed.

K

U

Is um so balconies permitted on a building containing an Adu, provided the balcony does not extend into a required Adu setback and extends no further than five feet from an exterior wall of the Adu. Balconies shall not contain HVAC equipment nor be used as storage areas.

H

But could you have your balcony facing the uh Neighbors house or it's.

T

Not a setback on that yeah it would provided. The Adu is set back far enough that the balcony would not encroach into that required setback.

T

So if it's say they it's a second story, they went up to the 24 feet and they had a 10 foot setback that balcony can't encroach with into that 10 foot step back right. If the setback was seven, it couldn't encroach into that. So you can have one it just has to be within the it's.

H

Portable area of that buildable uh cone, yep.

A

Okay, councilman Wharton. You had another point.

X

Yeah I am concerned about removing the conditional use entirely um because there are so many parts of this that um you know, as the last discussion just showed, that we don't have control over and I feel like the conditional use gives us some control over um some of these other factors.

X

So I need to know more about what uh I'll just go ahead and say too that in 2018, when we made these changes um to allow this to go um city-wide and again the controversy that surrounded that one of the things that we told the public was that these are still going to be conditional use in certain areas and that will allow us to help control for XYZ, Etc um and I. Don't want to.

X

um You know a lot of people that provided them the assurance that that they felt that they needed to bring them along into this process and to bring them over to favoring, welcoming adus into their neighborhoods and I. Don't want to go back on that without being able to say to my constituents.

X

Okay, we got rid of the conditional use because of the barriers it was creating. But here are the other ways that we're able to account for those concerns those that you've raised. So can you speak to that.

A

um Do you want to speak to that or sh? Are you okay? If this is a council discussion.

X

I'd rather hear from the administration first, so.

T

One of the one of the reasons why the Planning Commission initiated this- that was the specific goal part of that was because one of the things that they were finding after they had processed almost three years well, three plus years of conditional use applications for adus, is that one there was rarely additional conditions placed on them, because the requirements are so extensive that most of the potential impacts have already been addressed through the standards in the code.

T

um We don't believe that the standards in the code are being modified to the extent that it would create any new impact that doesn't already exist, or that was created by adus that are already that have already been established following those the the regulations.

T

um Two is part of the reality that without conditions and a lack of being able to identify detrimental impacts under air conditioning use process that there really is no actual um reason to have the conditional use process because there's just not detrimental impacts that have been identified. That haven't been addressed by the standards in the code.

X

But are there changes that are in this iteration of the code that would speak to those um or you know better address some of those concerns that we've had in the past, or are you just saying that earlier, when we said you know having the conditional use permit or having the conditional use requirement will help us that it just turned out? We were wrong.

T

I think that the standard I mean, if I'm, understanding the question correctly. um The the standards in The Proposal, We Believe, still address any potential impact, that's being created by particularly a detached I mean that's. What we're looking at the atat, the attached ones and internal ones are what they are at this point um and so um yeah. We, you know when we've analyzed the characteristics of all of the adus that have been applied, for um we know that you know most of them are at or just under the maximum square footage.

T

Most of them are less than the permitted Building height for an Adu. Most of them are actually providing off-street parking, even without the need to I think almost two-thirds of them are providing off street parking and most of them are single bedroom. There's been a few two bedroom, but most of them are single bedroom and they're. So the characteristics don't show that they're creating any new impact or any substantial impact that would be warrant warranted enough to consider it detrimental and therefore um not warrant a conditional use process.

T

I think it's important to remember. That's why the conditioning use process in state code exists is to recognize that sometimes some uses May create a detrimental impact and provide local governments with a way to mitigate reduce that detrimental impact. And so far we haven't been able to demonstrate that adus has created detrimental impact. Based on our experience now of processing.

T

How many we've processed.

X

So but it is fewer than we had anticipated at.

T

This actually exactly what we Pro, what we anticipated. We did an analysis for the city council before they adopted that saying. If you went through the conditional use process, you could expect between I think the number was between 25 and 32 per year and that's exactly what we were getting.

X

Okay, and is that the same for is the prediction bear out like for all of the different areas, um or is it that they're just been more adus in the areas where they're already we're more adus and more is.

T

It where we're seeing where we're seeing the adus come up is where there's the most amenities.

T

So the reality is the area around Liberty Park is the area that's seeing the most, the biggest concentration of adus, and particularly on the surprisingly on the west side of Liberty Park, and it's partly because those properties have the ability to add them, there's a historic pattern of having detached second homes on those properties. In fact, many of the alleys have cottage homes on them, some many that have been subdivided off um and it's it's a place where people who live, who own those properties want to do.

T

Adus we're not seeing them extensively on the larger Lots up in our more Suburban residential neighborhoods.

X

Okay and I mean I. This is not an area where I necessarily like draw want to draw a line in the sand, but I do want to to talk through this more because I know that a lot of residents are going to say.

X

You know this was part of um was our discussion before, and this was um you know, one of those things that helped bring us I, don't want to lose people and lose support for adus because of what we're doing I want people to see for them to be more supportive and to see that adus can be this solution and I I don't want to inadvertently shoot ourselves in the foot or lose credibility with our residents when we tell them that we're doing something.

X

For one reason, and then you know a couple years later say: I mean I, think it's fine to say we were wrong and that or that the you know, the things that we needed to control we're not able really to control what the conditional use process anyway. I don't, but that's something. That's Weighing, on my mind and I'm happy to talk through that with all of you so.

A

Councilman I think you have the advantage of having been on the council when that first set of 80 ordinances was there and so I respect your Viewpoint I was on the Planning Commission when a lot of planning, aidu applications were coming through and I can tell you that the council's intention did not come to pass. So the the idea that the conditional use permit process was going to result in a better outcome for the neighborhood didn't happen. Every single conditional use application has been approved.

A

Very few of them had have had any additional requirements put on them um and I would say if you go back and I I would just guess that if you go back and do an analysis of the last year and a half of Planning Commission agendas, there's probably a half an hour on every single agenda, only reviewing Adu applications, all of which the Planning Commission fully knew what the outcome was going to be.

A

But they had to do that anyway, and I can't even imagine how many hours of Staff time that accounts to in terms of working with the applicants.

A

You have that number so and I want that number, but I also would say the whole reason why we're looking at this is because the Planning Commission was so fed up with reviewing conditioning these permits that they themselves initiated this and I think that that would be a morale killer for the Planning Commission for them to say hey. This is a waste of our time and you're still making us do this even after we asked to stop doing this, but that's how I feel Adu.

T

Conditional use if we process 2580u conditional uses per year, it's the equivalent of one FTE.

A

One FTE Mr chair, 25 applications.

X

Okay and I and I appreciate that and I appreciate the important role that the Planning Commission plays. But um there are other stakeholders, the residents that, like that, we need to give voice to that part as well, and the fact that public support for adus and neighborhood support for adus are very critical to the success of adus in Salt Lake City.

X

L

Just wanted to summarize some of the things that will sit here on the table and please correct me if I'm wrong, though that so many of the the applications. Basically, all these years of applications on adus have not demonstrated that there have been significant impacts, and it has been mostly addressed by the current standards so like we, we haven't change, significantly impacted negatively the neighborhoods so which was the reason why we had a conditional use process.

L

So by allowing a permanent use, we are not going to create all sorts of Chaos in the city. It will just most likely continue. The same. Trend that we have seen is is that it no case summary on I.

T

Think that's a I think that's accurate I will say that when we say impacts, we think we are including measurable impacts right. There are some impacts that are personal preference types of impacts that we don't necessarily give give any sort of response to. But what those are are people who just don't like adus people who don't like any accessory building that may be blocking their?

T

What they view is, has a preferred View, um there's the on-street parking type of thing, which um is partly due to not just any sort of Adu, that's barking on the street, but any other people who are parking on the street too, and whether or not they choose to use their off street parking, that's on their property or whether they don't have it there's nothing that requires someone to say to park their car in their driveway or in their garage they're going to park where it's the most convenient right, which is oftentimes on our streets.

T

So those are the kinds of impacts that that we can't necessarily do anything about yeah.

L

And that is what what I meant earlier about. You know hypothetical issues. Is we to me as I? Don't necessarily want to try to solve for hypothetical issues.

L

The data is telling us and I know that there is a very legitimate concern about the neighbors um and I think uh it is on us to educate- and it's not us to show The Neighbors about this, but I think it doesn't mean that we should hold on on a good policy change uh on our smart policy change based on the data based on the information from the administration and from the Planning Commission and I I support in general.

L

The changes I have some questions, but I um I still think that it is on us to to educate and to help and I know it's going to be rough. There's neighbors that are going to still have concerns about this, but I think that the this care is obviously about preferences. This is about you know, no understanding and believing that we're going to have ideas in every single house.

L

Unfortunately, construction right now is very expensive and it's not going to happen very often- and this is one of the questions I have about where the Administration has has the administration looked into. Similar tools like the RDA is looking into to incentivize and I know that might be a little beyond the scope of the Planning Commission but how's.

L

The you know has been conversations about this I mean I know the older city is not very far from us, have looked into a a bigger plan beyond what the RDA is doing about incentivizing adus through some Financial mechanisms- I, don't know if this has been a conversation. Have you heard anything about this.

T

There is um an internal group considering ways to further incentivize adus across includes the RDA, but there's other entities within the city, other City departments as well, but again that is above and beyond our the types of things that other entities are doing include things like waiving utility impact connection fees, impact fees, there's some cities that are allowing and finding ways to pre-approve construction plans. All of those types of things are all have all been seen as ways to incentivize and improve production of adus.

T

If you look at the cities in the country up until maybe four or five years ago, most of those were in the Northwest that kind of LED in the in the United States anyway that led the production of of adus. Those were the things that they were doing was mainly changing processes and waving fees.

T

um Since then, some states have taken State preemption actions, particularly in California, where now you have some cities that are producing granted, it's you know in La, I think they're producing doubt more than a thousand 80s per year. It's still way less than one percent of their total housing stock and I. Think that's an important thing right now: we're producing less than a tenth of a percent of our housing stock in 80 use.

A

Council members were: we've lost all the time that we made that we were ahead, but do you have one last Quick comment: go ahead. Okay. Last comment: all right: councilman Fowler thank.

S

You Mr Cherry, appreciate it and I I actually want to say this is good discussion and I think that when we first I know that this discussion has been happening for the five years before we were on the council and now the five years since we've been on the council and I. Don't particularly like to do this, but um because I remember it happening to me when I was a newbie.

S

But um there is something to be said and I agree with council member Wharton about having some respect for our constituents that we're part of that conversation. When we, when we passed this Adu ordinance, I'm all about change, I'm, all about making sure that it becomes better than it could be and I think we had that discussion robustly when we were passing this ordinance of like yeah. Let's look at it. Let's make sure we keep changing it for the better, but there is some I I feel anyway and I. I.

S

Think that and I don't want to speak for you councilmember Wharton, but having been in that discussion that there's some respect to that prior to discussion, that we need to have to our constituents and to what we did at that time again. All about the change is all about making this better.

S

Obviously, but I think that that is sort of part of what I'm feeling and looking at some of these changes is what what we went through with those discussions back then and I'm sure what council members went through before that and you'll go through when when I'm, not here and there's somebody new sitting here, but it is something that has to be recognized and be part of that conversation as well for me anyway. So, okay.

A

Thank you so, to recap: parking the size, the setbacks and I guess now. The conditional use are the fourth things that we're still so.

L

Pretty much everything.

A

Yep, okay sounds like it: okay, we need to move on, um but I think this is important, so we will keep I think we have to probably bring it back to work session again. Okay, thank you. Thank you.

M

uh Mr chair the applicant for this.

E

M

On the call with us now so he can join if this isn't.

A

A good time are we good to keep going council members? Okay, so we're going to go back to item number three, which is the 704 East 900, South rezone and hopefully the applicant has been briefed of some of the questions that we had for them.

A

um The policies that you have five minutes to address this so go ahead.

K

Y

So, let's give I'm going to give you a little history about the property. uh It's already a landmark in the neighborhood I think many people, the neighbors, really love it want it to stay around.

Y

It belonged to early Mount, Pioneer, Elder, Joseph, E, Taylor, and then I put a little bit the history to show that it's never been really used a single family home over the last 90 years. First, someone was running a cleaners. It was a daycare center for over 30 years and then transformed into a fourplex in the early 2000s by Barbara de Frisco, who are actually invested over seven hundred thousand dollars to restore the house in uh and bring it back in time.

Y

um So what I to face? So you know I just continue on for Barbara, renting it as a fourplex, then in September 2020 I had a notice from a civil enforcement about the zoning violation. Basically, it's a single, very midi, home and I cannot rent it as a fourplex, which is its current condition, so right away, I reach out to Salt Lake, City, Planning and, unfortunately, I couldn't get non-conforming use because you had to have this condition before 1995 when the work was in early 2000s.

Y

So then I had a pre-submittal meeting in January 2022 and then I was redirected to file a reasoning application which I did last March. Then you know processes take a long time. So, seven months later, I get a meeting with the Planning Commission and that and my application was denied the SNB zoning I believe due to misunderstanding and errors. For example, in the meeting minutes you can read prisoner verb stated disapproval of the application. The chair of the airport, a letter has been submitted.

Y

Actually I'm gonna show you that later she actually supported the Noni zoning exchange. So SNB sub not sure how much how this error took place and then you can reach plants or lake is not supported by this application, because the housing loss does not support the goals of plants or like again. This is Computing. Correct by making my complex compliant, it is a net gain of three units, so I'm in a complete deadlock uh again, I'm I couldn't find over 46 000 a year.

Y

I already paid a fifteen thousand dollars of that and I'm in the process of appealing property taxes, because the action of civil enforcement has made my property value, neural or negative, because either I have to destroy my property to make a single family home or if you look at the income, I'm a huge negative cash flow because of all the fines I'm getting. So let's read that echo later, because I think this is words of wisdom and everything. Is there I think it's a really good way to find consensus?

Y

They say we want a stable and compliant long-term learning solution for my property, long-term rental housing for residents of the city. uh We recognize the property as a history of non-compliance, usage with designing and.

C

Y

Want to resolve all issues, you know uh they, they stated only housing, not for commercial I. Agree uh I mean you can read this later. Everything is there and I'm not sure why this hasn't been. Zoning hasn't been through. I mean hearings. Are public comments? It's all about. Okay, we want to preserve that historic building the neighbors, the Committees attached to this time.

Y

We just come. Please.

A

Your your five minutes is up. I do think there are some questions, so you may have a chance to respond to some of those council members. Yes,.

Y

A

Do we have any questions on this application? Councilmember Petro, my.

Z

Question is more for staff and feasibility, honestly, the location of this property, I'm, okay, with it being a group home right, but it's a very high traveled Corridor I am really concerned about the demolition potential demolition of this property. It's way too, pretty and way too much of a landmark for us to lose. Is there a developer agreement that we could enter into that? Not only would preclude the short-term rental, but would also protect the the property in perpetuity, or is that outside of the realm of what we're allowed to do.

P

um We did do that recently with the rezone um I think it was a Fair Park neighborhood on second North, where they, um the owner, obviously had to volunteer to enter into that agreement to retain that home. But you could record that on the property, so um we've recently had a development agreement was attached to a rezone that um the owner of the property agreed to retain the home as a part of that rezone, and then that was done through development agreement and then recorded on the property. My.

Z

Primary concern is to preserve that historic peace, the historic house and to make sure that the use of it is legal and non-exploitive. We can accomplish that like I, don't care if it's a group home or when.

A

You say, group home, you mean a multi-family or.

Z

Or even one of the one of the potential uses they listed that this zoning would allow would be like a residential facility for for people who need to care. I mean that still meets a need in the community I'm as long as it's legal and non-exploitive, and we get to keep this beautiful structure in our community. That all seems fine to me, but I don't want to pave the way for it to be knocked down and to become a bodega.

P

Yeah and there's currently no protections on that house now they could demolish it currently if they wanted to.

A

So are you is that a question for the applicant, whether they'd be willing to enter into a development agreement to preserve the home yeah.

Z

Sir I think I heard you say it is your intention to keep the house correct. I. Think I heard that too yeah.

Y

I love the home, so I'll be very, very happy to answer that development agreement I want to keep it in this ground condition. Again. I was advised to file SNB zoning as a best option.

Y

Long-Term rental and it needs ground condition, maintaining it.

A

I I think I'm in a similar place if we can get whatever staff and the attorney's office thinks is the best way for us to ensure that this becomes this stays as long-term rental and that, if we're able to preserve the structure itself, I think that's a win-win and then allow the four existing units, though that they were I guess illegal, are currently are illegal but legalize those and allow those four units to exist in the city, but keep them long-term. Rentals and preserve the historic building.

A

I think we're I think we're winning on this one.

L

H

And just to confirm, by doing that, the current owner sells the property that would stay with the property if.

A

It's a development agreement that would become a deed restriction. Then, yes, with a deed restriction on.

H

A

So Ali, if you are amenable to those things, then I I think it looks like we have a consensus that that's where the council is is interested in in those two goals being accomplished. So if you're willing to do that and work with our staff or planning staff to get that drafted up, I think that that is looks like to be where the discussion has headed. Do you have any.

Y

Questions I'd be very happy very, very happy to do that, but is there a way to stop the fine because they're finding me 46 000 a year right now, that's an important and it's completely outside of my controller. That's.

A

An Enforcement issue, that's also outside of the council's control. We we can't legally get involved and stop uh an enforcement thing. That's happened, I believe there are other legal processes for appeals and and I'm not exactly familiar with those myself, but um I do think. There are other processes to appeal those that enforcement, but that's not something that the late would. That would be inappropriate for us to step in and and get in the way of a of an enforcement process.

Y

I I understand it's already a big step moving forward. If we can proceed with that agreement, I really.

A

Appreciate, thank you so much uh Brian Fulmer has a.

M

Yes, Mr, chair, I think it's important to note. There is a public hearing scheduled for this on February 7th and then a potential vote on February 21st. So the council may be in agreement at this point, but there is still the process of.

K

M

So the applicant knows that and the public knows.

A

That, of course, thank you Brian, so um we will is account our request, um Ollie. If you can work to work on that development agreement, but we will also hold the public hearing and consider any public feedback and then a final decision is scheduled for February 21st, barring any other delays. Mr chair, yeah, councilmember, so.

L

The fee thing I have a question: um is there a way to ask the administration to pass this while this process goes through pending a decision.

A

That sounds like a legal question: yeah.

L

So let me rephrase the question so um this this owner is being fine uh for no compliance being in compliance with the current ordinances, and this body is going to be deciding uh in the near future in the next month or so to potential potentially make some changes to this, um and my question is: could we could we suggest to ask, or if the administration is willing to pass this fees pending? Our decision.

A

It I I, don't know Katie Lewis City attorney. Do you have a comment on that.

W

Typically, the imposition of the fees is a separate process from what the council is considering so I'd like to get back to the administration and see where they are in the process and in the enforcement and then get back to you on that I can't say yes or no right now: okay,.

A

Thank you, I think. The reason why I've been hesitant is that feels like using a political process to influence a legal process which feels um off to me a little bit, but if there is some way to do that I you know.

L

And I- and my point is I- think the administration I remember not too long ago we talked about um parking strips and the enforcement of fines on people that were doing uh zeroscaping or uh rescaping the parking strips, and we had the conversation with Administration in this body right here about passing the enforcement of that. So I am not I. I know that this. This is why this is in my mind, because we already sort of touched on this, uh but maybe this might be made too particular.

L

It might be something that applies to one person and might be complicated, so I just wanted to leave it out there, but I, okay, I guess: I will wait for an answer.

A

Let's wait for an answer from the attorney's office on that. um Aside from that, are we good to move on to the next item? Council. Okay, thank.

X

You say Mr chair that I there was a long process that went into that um when we talked about the parking strips um and discussions that we that we have um and I have not. Typically on the council, we have not seen um where we ask about individual projects in an open meeting um and I. Think that that we should have those discussions, um offline.

A

Okay, thank you, councilman Warden. Okay. Moving on to item number four, thank you. Thank you so much okay. This is the Rocky Mountain Power rezone. Apologies for the time! Thank you for being flexible. uh We have Brian Fulmer and Wayne Mills here for this item. Brian go ahead.

M

M

This is a proposal to amend the zoning map for the parcel at 1223, West, North, Temple and portions of parcels at 12, 19, 1275 and 1407 West North Temple from the existing M1 or light manufacturing and TSA SPC or transit station area special purpose area, core zoning districts to TSA UCC transit station area urban center, core zoning Rocky Mountain Power owns the parcels that total approximately five and a half acres of their approximately 100 Acre Site in this location, and the applicant is here and would like to address the council uh when it is time for that and I will now turn it over to Wayne.

M

Thank you. Brian.

A

AA

uh Excuse me Brian already stole my first slide, so let's move ahead to the map, um and so this provides a little overview in the purple of the actual boundary area. Next slide, please, and, as you can see on this slide here, the uh the portions of the property that are TSA SPC um are along North, Temple Street, with the southern area, more interior. To the to the block. I guess, you would say, is light Manufacturing, um just a quick overview on the zoning comparison between all these districts. The M1 is a light manufacturing District.

AA

It's focused on light industrial land uses within a loud Building height of 65 feet. The TSA SPC is the transit stationary, a special special purpose core. It's really centered on large-scale Regional activity. Land uses allows a mix of residential commercial land uses and a loud Building height of 75 feet so with the proposed Zone next slide. Please.

AA

And let's go to the next slide.

AA

So the TSA UCC transit station urban center Zone, which is the proposed zoning district, is really the highest density intensity of the TSA districts. It allows a mix of residential commercial land uses. It also allows the highest building height in the TSA districts of uh of 90 to 105 feet next slide. Please.

AA

um This particular property is actually adjacent to the Jordan River Corridor and there is a a protection overlay Zone along the Jordan River that zoning would still apply that overlay would still apply. It applies specific development limitations to within certain distances of the river Corridor itself.

AA

Next slide, just a little overview of the master plans and City goals. The the project is supported by plant Salt, Lake principles and initiatives. The areas is also discussed in the North Temple Boulevard plan.

AA

um The the North Temple Boulevard plan isn't real specific on the future of this site. There are things in the plan that are supportive of this. This proposal, necessarily in conflict with the plan, is just at the time the plan was developed. It wasn't really anticipated that the um the Rocky Mountain Power site was going to be redeveloped in the future.

AA

So some things in in the Planning Commission staff report. We did pull in some some statements of of how this particular project could be considered in support of the plan.

AA

um Next slide, please the uh Planning Commission, all the public hearing on September 28 2022. uh Just a couple of the topics of discussion.

AA

um They were asking a bit about the rezoning of the property prior to a broader Master planning effort, and there was a discussion about the immediate need to construct a headquarters to support the power operations for the city.

AA

um There's also some questions on the location of the proposed rezone and how it's not a Long Street Frontage. The applicants had responded explaining that it really meets the needs of the operations of having that operations building interior to the block, while also providing an opportunity for future Redevelopment of uh along the street Frontage that would capitalize more on on the transit Corridor.

AA

The Planning Commission recommended approval of the zoning Amendment, and that was a unanimous decision. uh Next slide, please I believe that's all I have.

A

Thank you, Wayne council members, any questions before we let the applicant speak.

A

All right, I think the applicants here in the audience. Do you want to come up to the table and you get five minutes to present your project.

AB

Howdy, uh my name is Chris Parker I'm with uh give communities which is a lead consultant on this project joined by Mike Jensen um Rocky Mountain could.

A

You pull the microphones a little closer to your mouth. I I was apparently unable to be heard in the last discussion. Very well so I'll.

AB

Do that again, uh my name is Chris Parker I'm with give communities we're the lead consultant on this project. Mike Jensen with Rocky Mountain Power.

AC

Susan petherin with ffkr.

AB

And for a second, we thought and I do think we have uh some slides, I thought we'd talk a little bit about why we're here. Rocky Mountain Power has been a Bastion of the West Side for as long as I have been alive.

AB

They are looking down the barrel of not only providing secure and reliable power to Utah, but also what tomorrow might need I'm, not commonly thought of, as their role is them being the central node in both an attack on climate change as well as clean air. The the way to get both of those outcomes is for transportation and buildings to move from Dirty sources of power to clean sources of power, and that's going to mean a radically different need for infrastructure for Rocky Mountain Power going forward.

AB

Their existing headquarters also were constructed at a time when we didn't quite know exactly what was going to go on seismically in this Zone at some point, so Rocky Mountain Power wisely decided that upgrading their facility to withstand not only a terrorist or seismic event.

J

AB

But also to upgrade so they can support really the heavy demand of power that, if we're successful in combating these uh two ills will come, is going to require a new building. They made a lot of decisions, all of which I'm very excited about as a resident of the West side that, instead of buying another facility or building another facility, maybe on a different piece of land that might have less design constraints on the building right by the river or building on you know a site.

AB

That's had some history, we'll say they chose to root down and would like to remain on the West Side to do that, they started asking themselves well why you know what do we want? Our new building to be, and currently anyone who's driven on North Temple has seen their existing building, which is relatively short and exceedingly long anytime. You drive by it and in the current Zone they can build Office Buildings, but that is exactly what they'd have to build again.

AB

You'd have to have a round of four-story building that ran a very long distance over a city block in order to accommodate the amount of square footage that they currently have, plus the amount that they'll be bringing from West Valley. They would much rather build a taller structure that would allow them to have a good Urban form and they'd like it to be not on North Temple, to allow North Temple to have the Vitality that I think everybody would like. So if we can hit the next slide, please.

AB

um General idea of where we are I think a lot of people are familiar with the site, but you're more or less equidistant between the international airport and downtown, currently they're they're kind of itemized right in the middle of that block.

AB

And then the next slide.

AB

um What they would like to do is move their facility from the middle of this District into the back right corner of this District. The current usage of this is a now remediating and remediated coal, pile so there's there's not anything being torn down and something very nice, uh a nice change going to that District and then one more slide and here's the thought of where exactly these structures would lie on the bottom right. You would have their new headquarters in the middle.

AB

You would have a wrapped parking garage with the intent that that parking garage could also be used by uses on North Temple. The entire site is, you know, rapidly against surface parking, which is entirely what they have now to do that you need a lot of parking now they're going to need 500 stalls by themselves, but it would be a great shame if those stalls were not utilized by other uses. During the day when office uses are non-existent.

AB

So they've decided to put that in the middle of the block, so that all of the remaining things that are built in the area can also co-use parking instead of everyone. Having their own and then their essential services facility would be in the bottom left: that's basically the brains, the guts, the heart of the grid for a good portion of the western United States, and so that would be a heavily upgraded building that is allowed to be in the M1 Zone, more or less how they would build unnaturally.

AB

So that's why we're only asking for a rezone of the two Parcels which we would like to have residential uses that aren't allowed in the M1 or a height restriction that is not allowed in the M1 hit. The next slide.

AB

Here's a rough idea what this might look like I'll say that these designs are not complete, certainly the stuff that's closer to North Temple. These are kind of rough ideas of what something might look like again for anyone, who's, I'm, sorry, Mike for anyone who's driven by their current North Temple location. This is slightly different, maybe go to the next slide.

AB

uh And here's where they would kind of Orient to North Temple itself, so the three blue buildings in the back uh would be the start of what would be called The Power District again Landscaping would be very different. This is just kind of illustrative, but the general idea for the overall site will be having the Jordan River Trail.

V

AB

Or less feel uh like it's moving through the entire master planned area. So today we're just talking about the blue. We're super excited to talk about the remainder of the 100 Acre Site during a master plan process.

A

Thanks Chris, that's your five minutes, but do we have any council member questions just a couple? Yeah yeah, councilman Dugan.

H

You know with Jordan members right there, riparian area, you know, I've had some discussions recently just about uh uh bird impact on Windows and collision. Free Windows dressings. uh Is that the intent that we don't have an ordinance right now, but we're you know I'm trying to support something of that nature, where we're not losing Birds just to hit the grass. We.

AC

Have been discussing that in the design of the exterior and.

H

Then and then on the same thing, the notion I I, see the rendition. Here is a good setback from the Jordan River again inactivated beautiful River make it more beautiful and we don't want a big 100 foot wall close by I to see the rendition here. Has a setback and a step up. Is that uh the intention to also make some additional Green Space Between the river and the buildings.

AC

We are looking to enhance the the riverfront with the placement of the building so honoring that riparian setback and then having an additional buffer to provide. You know sort of a a new front along that Western Bank of the Jordan River, to make it more of an amenity. Okay,.

H

And so last question just on this: the the proposed rezone allows for a variety of residential uses, but your your you're not looking at residential units. This is all office and other building. There.

AB

Will be residential uses wrapping the parking garage, so it doesn't present to.

H

A

Garage, okay, okay, all right, that's helpful is that it I had a question on that. Is that, like a future phase thing, that's kind of what it looks like from this image, it.

AC

Is so that's a that's a development proposal that will be issued separately from Rocky Mountain Power, building their their headquarters in the court garage well.

AB

And then the North Temple is is potential future phase, and that will happen after a master planning process. The garage itself will be built in tandem with.

A

That, with the the wrapped residential that'll.

AB

Be built at the same time as well.

A

Same time well,.

AB

The the core of it will be built at the same time. The tenant finishes might come in afterwards, but that'll all be built as one structure. So.

A

From day one, when you open we're, not seeing a parking structure, we're seeing a residential building with a parking structure buried inside of it.

AB

Correct, yes, sorry.

A

AB

You you, the whole goal is you will not know a parking structure? Is there from your entry into the site.

S

um I first want to say thank you for taking time to meet up meet with some of us in small group meetings and go over a lot of this, and one of the things I brought up in the small group meeting that I just want to bring up in this public forum is something that is in one of the policy questions and I appreciate you bringing up them at the North Temple master plan, and that really is the community engagement piece recognizably, that you know Rocky Mountain Power.

S

You can do really whatever you want with your office buildings right, it's sort of there, but we've met over the last several years when I was RDA. Chair and I've always felt that there was this Community First thought of what this property will look like and I appreciate that and hope and know, and working with both Melissa and Chris in the past that that will continue. So um when we're talking about both this phase and sort of what may happen along that North, Temple, Corridor and or the Jordan River, what sort of things um are?

S

What's your community engagement, looking like at this point where um you know again sort of a compound question and somebody could be free to object to me, but um the the the one thing we talked about during that small group session is really creativity and and making sure that we're not gentrifying the area such that we're pricing out people who have grown their own generational wealth within that area and have continued to to be the landmark of that entire area.

S

So really, what are your plans in Rocky Mountain Powers plans um for that Community engagement and making sure that those two concerns of mine are are addressed as we go forward with these things.

AB

Maybe could we go to the next slide? Real, quick, I wasn't so verbose we would have. We would have covered.

AC

AB

Earlier, oh, do you maybe want to go over the input.

AC

um So we we have been looking to engage the community throughout the process. uh We've done some internal Master planning to to get to the location, and this only request where we are today, but we've been working to engage the community in some some broad visioning for the larger 100 Acre Site and how it can develop and build around this new Catalyst headquarters project. So we had our community meeting back in December, we've been talking with some other key partners of the West Side potential.

AC

You know, Civic combination uses and then we're working with some specific stakeholders that we'll be engaging with later this week, and then you know coming back to the Planning Commission. That was one of their requests was that we come back and have a work session to dive into some of those details and ideas about how the the larger site can evolve. So we're just looking at that pattern of going through these different groups and incorporating that into our Master planning process.

S

Great, thank you and then just real quick on your rendering and I know. I. Don't take any I've learned my lessons. I, don't take any renderings as law until it's been built already, but I know this is really dumb. But I really do like that. The smokestacks.

V

S

Still in part of their renderings, so you know just throwing that.

A

Out, that's not dumb.

AC

It's yeah that that has been a key move of the the master planning process to date is that those Stacks can become that visual icon of the site, so the intent isn't for the headquarters, building itself to be that icon, but using those Stacks to be that landmark of Rocky, Mountain, Power and the history of the site and how it will continue to serve as that headquarters for Rocky Mountain Power moving forward.

L

I I agree with you on that and I think that I got corrected last time or someone got corrected, they're called steam, Stacks or something.

V

L

Yeah but but yes, I, agree, 100, I um I do have a question, and it you know, councilmember Dugan reminded me of this, or you know, made me think of this. uh I saw that you have a setback on the Riverside you potentially you're, going to have some open. You know some some, you know uh Green Space there. uh My question is: um are you uh committing to keep that open uh to the community? uh You know: are you gonna plan, a fence, uh you know?

L

Are you going to put a fence on your on your property line there um and that uh that to me will be a problem um because when we're talking about engaging the river um I, also I do want your employees to engage the river and enjoy the river I also want the community to maybe uh you know, participate of this um and I think it is amenity for all of us and right now we can all improve on this and- and you know, I- think you're going to bring a lot of life to that Riverside.

L

um But my concern will be, uh if you put a put up a fence around your property line in that side, that prevents people from stopping there for a minute or walking through it and I know that it is your property and you want to keep some sort of Safety and Security. But that to me will be something that I will have issue with.

AB

And I I can speak a little bit to that on the uh on kind of the pink side of the last Slide, the North Temple side. There's actually going to be a requirement for ground floor activation and Retail. So not only will it be accessible, but it will be activated uh in the river. Really could be this amazing amenity for that area. It's not commonly thought of as much unless you bike it like I do but with active uses on that River.

AB

L

A

Thank you, councilmember Pui.

A

It looks like there's no more questions on this item. Thank you for your presentation.

A

um As a reminder, we've got a public hearing set for Jan January no public today is that right is that public hearing oh set public hearing hold the public hearing on I, can't read the dang thing today: February 7th and then tentative action on February 21st.

A

Thank you. Thank you.

AC

A

um The next item is a tentative break and we are seven minutes behind the scheduled time, but we had a great discussion. So why don't we come back in 20 minutes, 4 47.

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A

City and council members, um we are going to move on to item number seven, which is the city's annual Financial order before report. But before I do that I wanna. The whole agenda is just getting shuffled around today um because we were so far ahead of time. Staff called the board appointment, the board appointees and told them to come early.

A

So we're going to do the financial audit report there's all, but one of them are here we're going to do the financial audit report and then jump to the board appointments and then we'll go back to item number, eight and nine uh on the agenda. So let's go with the financial audit report and at the table is Mary Beth, Thompson I think we have our Auditors as well.

AE

We understand that you don't want the two-hour presentation and all the exciting things that happen in that 200 Page uh annual, comprehensive financial report. So we'll we'll stick to the things that we need to communicate and let you know that that we're available anytime at council's discretion. We, you know one of the things that we well. Let me introduce myself.

AE

First paulskeen I'm the audit partner over the main city audit I also handle the airport, the library and utilities as part of the the combined audit and then Mike handles RDA and the single audit, which is the federal expenditures and then the state compliance as well. So we like to impress upon you that we report to you as the city council. While we don't make your lives as miserable as we make the financial reporting teams lives.

AE

We still are at your disposal, and so in in that vein, if you ever needed, questions asked of us, Mary Beth can make an arrangement to to get you our contact information and we're at your disposal. So a few things to keep at high level I'll go over the the financial side of things and our required Communications, and then Mike will talk a little bit about the the federal expenditure testing that we did and then the compliance so just to to delineate responsibilities.

AE

Our responsibilities as Auditors is to design plan and execute an audit that will allow us to uh issue an opinion or opinions on the financial statements to say that they are materially correct. In doing that, we take a risk-based approach. We try and identify things that areas that are susceptible to errors or or mispostings.

AE

In doing that, we we've paid particular attention to Management's ability to override controls. We rely on internal controls a lot, so we test those we, we don't form an opinion on those, but we do look at areas that it's susceptible.

AE

We look a lot at the way revenue is recognized how it's accounted for and then also with the amount of capital assets that come in and are maintained by the city. We look at the the way those are accounted for at a higher level.

AE

There are a few things that well I'm, gonna and.

AE

Consideration of your time, I'll skip a few things that you can read in the letter. Okay, um but one thing that's important to understand is that we are independent, in fact, uh from the city from management, there are no um economic or other relationships that would cause us to to impair that Independence in any way as we go through the audit.

AE

One of the things that is very difficult for both sides is we're processing and testing a massive amount of information in a relatively short window of time, and so the city's Financial team is closing the books finishing areas as we're testing, alongside and behind them, and so there are times when they haven't completely reconciled when we're starting our testing- and there are a few um entries that came up during the audit, the the stem from this process.

AE

It's not something that's overly concerning to us, but those are delineated in the letter that that you have received or will receive. There were no disagreements with management. There were no outside consultations, um no other findings that we felt would cause.

AE

Alarm or concern with the financial reporting process. One thing that I did want to report is, as we went into this audit, we were lucky to kind of have our same team there's a lot of turnover, particularly at lower levels, but much of our audit team is in place from the year before and several years before that one of our concerns going in this year was Teresa. Beckstrand has been with the city for 25 plus years. She's always been involved in the reporting process and has been critical to that process.

AE

So we in our skeptical brains, were playing worst case scenarios and thinking how that could have gone awry, but Mary Beth Russ. Their team did a phenomenal job of keeping the ship righted, and so they far exceeded our expectations on on what would have happened with a loss. You can't possibly replace someone with 25 years of experience just like that, but there were no issues where we felt like well geez. We wish Teresa was well, we love Teresa, but there were no issues or concerns caused by things slipping through the cracks or anything like that.

AE

So our hat's off to Mary Beth the rush to their entire team for their stewardship over that and filling in a pretty tough Personnel loss and then I'll. Let Mike talk about the rest of this.

AF

Thanks Paul, so there's another packet, the issue that has the audit reports for the compliance work that we do related to the federal funds as well as Government auditing standards. Both of those reports are unmodified reports. We also issued a third report on compliance with State compliance, and that was also unmodified.

AF

There were a couple of findings that we've reported in that packet. One there's a small fund, the Arts Council fund had expenditures and excessive budget at the end of the year and under State Statute. That's not supposed to happen, so that was cited as an immaterial instance of non-compliance.

AF

The other issue we had was in the preparation of the schedule of expenditures of federal Awards. It was provided to us and represented that it was complete, but there was a Federal Loan about 13 million dollars that was missing from that schedule and we went back to management and worked with them and determined that it should be on the schedule and that was made, but we're required to report that to you just so you're aware of that.

AF

So those are the only issues that came out of the compliance reports that need communication and again they're in more detail in that document that we issued along with those unmodified reports, so easy. Hopefully, we were quick enough.

A

AF

Questions, if you have any.

A

Can you just say one more time which, where was there expenditures that exceeded budget and the Arts.

AF

Council fund, okay,.

A

And do we know more information on that or that's just it's in the report so.

AG

um Let me explain: Arts Council Foundation is a component unit of Salt Lake City's akfer. It is the foundation What hap, it's in personal services. I worked with Felicia. What happened was they gave a raise, but when they initially put their budget in, they put it at the they put their budget in initially in July, and they leave it.

AG

Felicia and I have walked through this and they are going to do with the board either a budget amendment in January and then we're going to look at it again in May to ensure that their budgets are matching the budgets of the city so that their board matches the budgets, because it's the foundation, that's a component unit.

AG

It's not the division of economic development that went over budget, it's actually the foundation that went over budget and it was about twenty one thousand dollars, but um Felicia and I have worked through it and we will ensure that that does not happen again.

A

This is that confusing thing with the.

AG

O

A

The division that I still don't.

O

I think it I think it is a helpful illustration, though, as we talk about um getting more creative with public-private Partnerships, that those are the kinds of concerns that we need to be aware of ahead of time and set up the budgetary controls um sort of before those Partnerships are established, because those are those are exactly the kind of things where you know. When we get creative, it sometimes has trickle-down effects. So.

A

Got it well, thank you for for your work uh council members, any other questions on the audit.

R

A

S

Just um some more information on that Federal Loan, Mary, Beth or somebody may know where that came from yeah. That's.

AF

The the with fear program, so one in utilities, water, infrastructure and finance and Innovation act. I can't read my writing.

AG

It so it's the wifia Loan program, what we do currently to date is we pull from two funds to to look at our grants program with you was not in that funding. The new Erp will change that significantly because it's got its own Grant module, so the wifey alone will be sitting in that Grant module. So when we pull that document to give to the Auditors, it will be complete and whole, whereas this way it was sitting in public utilities, financials and not sitting in the grant funds. Instead, that's how we missed it.

AE

And just to tie the financial side to the compliance side on in our audit of utilities, everything was accounted for properly with that loan, so there was no impropriety or anything like that. It was simply making sure that a comprehensive look at all departments. All funds had those Grant funds included in the single audit testing.

R

A

Thank you any other questions. Council members. Thank you. So much for your work. Every year to the city, I appreciate that um and thank you for your report. Thank you. We are going to jump to the board appointments, we'll start with the accessibility and disability commission. There are three members up for appointment that is Christy Chambers, Ivana, Powell and Damon Talbot.

A

Who do we have online versus here in person if you're here in person go ahead and come up to the table, um but we just give us a quick introduction, a minute or so about who you are. Why you're interested in this volunteer position and um uh anything else you want.

V

Us to know, but okay, uh hello, everybody. Thank you. First for inviting me I, really appreciate it and I'm.

A

Very, can you pull the thing a little closer to you yeah? Thank you.

V

So my name is Ivana and I have uh more than 13 years experience working with disabled people, uh mostly with students with special needs and for some time, uh like a last period, I'm working as a coordinator for work, Activity Center, which is non-profit organization that is supporting disabled clients.

V

I have big passion and when I came originally to us in 2007, I came with disability and I have to I'm diabetic type. One and I had to like kind of figure out how everything will work so I have that experience and then I do love to help and support and do whatever I can to just uh help disabled population in Salt, Lake, City and Utah.

A

Ivana, council members, any questions for Ivana.

A

Thank you. So much, um let's see, is it Damon.

AH

Yes, thank you and good evening uh Council. My name is Damon Talbot and I've currently been a residence Salt Lake City for about five years, so previously I've lived here off and on for over 25 years, so I've also suffered from disability myself. So I have dysautonomia it's a rare neurologic condition. If I ever pass out, don't call 9-1-1 I'll be back in just a minute and then I also have bipolar and severe depressive. So I've used those tools to just really rather than live with a disability.

AH

I've used them to my advantage and like learned how to Advocate So, currently I work at the Salt Lake Community College in their disability, Resource Center, where I work every day with students suffering much worse disabilities, but living their dream to get their educations and then I'm, a member of the alliance house, a clubhouse I believe councilmano has visited and I'd invite all the other council members to take time to come.

AH

Have lunch there sometime and learn about the amazing program here in Salt, Lake I'm, a firm believer in universal access and equity for those that do have different types of disabilities. So I think that's one of the key things I will bring to. The commission is just making sure that we don't do things that single out people as being disabled, that we just make things better for everyone in the city, including those that have disabilities.

AH

So I am really looking forward to serving on the commission and bringing that passion and that advocacy to the city- and you know making this a great great, City and being one of the best places for disabled people to live.

A

Thank you so much Damon I appreciate that um I. Thank you for your service to all of those places. I have toured the alliance house and think it's a great wonderful addition to our city and District Five. So thank you for service there, council members, any other questions or comments for Damon.

A

Thank you, okay and then the last one for the accessibility and disability commission is Christy Chambers and it looks like you are online Chris see if you're able to unmute just give us a quick introduction.

Q

I sure can hold on. Let me there we are hi everyone.

Q

um Thank you so much for considering me to serve on this commission I'm thrilled I'm thrilled that the city is paying attention and formulated the commission back in June of 2022. I IO of Columbus Community Center, which is a large disability service provider that is located on West Temple about 3500, Southwest, Temple and I've, been in this position for eight years and have grown to love serving the community and representing those with disabilities.

Q

I think for me, as I've been able to take a look at your annual report and the like, and some of the objectives, but I think I can contribute. Is our organization has really focused on adults with autism and the sensory needs that they have to succeed in our community I, particularly like the fact that you were focusing in on educating law enforcement on what that looks. Like I, think people in the community need to understand what autism looks like and realize that sometimes the erratic behaviors that go along with it are not threatening.

Q

They are indeed just a part of being on the Spectrum. We do Focus too, on trying to get people employed on the Spectrum, as well as those with idds and the necessary accommodations that go along with it. So I'm really excited to kind of bring that perspective to this commission, as well as I would be honored to serve Salt Lake City in an area again that I've grown to love.

Q

A

You Christy, council members, any questions or comments for Christy I just want to say thank you to all three of you for being willing to serve. These are sometimes um well they're. Definitely volunteer positions, uh sometimes thankless, but very important for us to get your input and your specific lived experience and expertise in your professions to help us make a better City and in this case a better City for everyone, including those with disabilities. So, thank you so much. You will officially be confirmed tonight as part of our consent agenda.

A

You don't need to come to that meeting, um but you're, of course, always welcome to join us at our formal meetings, but we won't be addressing you won't. There won't be a specific time where we ask you to speak at that. So no news is good news. Assuming that you, you can assume that you'll be confirmed tonight. Thank you. Thank.

V

You thank you. Thank you.

A

um Let's see do we, it sounds like we had one of the two for the racial equity and policing commission. Do we.

A

um I think we had Olivia, but not.

AF

A

L

A

Why don't we so that Olivia does not have to wait longer? Why don't we just go to them, um Olivia, joylani! Kavapabalu.

A

AI

I, yes, I'm here great.

A

If you'll just give us a quick introduction to who you are and why you're interested in this position um and go ahead.

AI

Hello, council members, my name is Olivia joylani cavapalu, but I just go by joy and I've been a Salt Lake resident for the past. Well, my whole life, so the past 22 years and I was interested in joining this board because, uh through my undergraduate experience at the University of Utah I had the opportunity to learn a lot about what policing looks like in our community in this country and how it affects people.

AI

Like me, the Pacific, Islander Community, specifically, but also black and brown people, and through that I became really encouraged by the work that has been happening and the conversations and dialogue that the board facilitates, and so one presented the opportunity.

AI

I was ecstatic to offer up my time and in addition to that, I think it's really valuable to have young people like myself, participate in this form of Civic engagement, specifically because, of course, it impacts us, but also, as our futures are shaped by legislation or different policies that this board may come across or have discussions about. I think it's important that we encourage um this generation to participate. So that's what I'm here today and why I'm encouraged by this opportunity.

A

Joy, thank you so much for the introduction and for your willingness to serve council members any comments or questions for Joy. Thank you. As I mentioned before, you will officially be confirmed as part of our consent agenda tonight, but you do not need to attend that meeting and again. Thank you so much for your willingness to serve Salt Lake City in this very important position.

A

Is not here yet and will come later, so we'll come back to that board appointment um and that means we are jumping around again back to item number eight, which is a resolution for local emergency, a local emergency declaration, extension for shelter, bed, caps and I believe it's Katie Lewis that is going to present this item, Katie Lewis City attorney. Thank you.

W

Hello, council members, as I, believe you are all aware on December 20 2022 mayor Mendenhall, executed a declaration of local emergency and issued an order related to that emergency.

W

The Declaration stated that, because of extreme winter snow and freezing temperatures, it was necessary to declare an emergency and also issue an order: waiving overflow emergency shelter, caps for all shelters in Salt, Lake City for an additional 25 people when temperatures were below 32 degrees, Fahrenheit um under Utah law and city code. A declaration of local emergency remains in effect for 30 days, and then the council has the authority to extend it for any period of time that they deem appropriate. So that's what the resolution is before you today.

W

You can decide the time frame that would be appropriate for that extension. If you do decide to extend it at this point and by extending the emergency, you automatically extend the order which waives the shelter caps.

A

Thank you Katie. um It sounds like so questions on this, but we also need to select a date. If we choose to extend it, we need to select a date to extend that too, and Andrew was I on. Did I hear that there's a specific date in mind.

E

uh Andrew Johnston, director of homelessness policy uh for the city yeah. Originally we discussed April 15th. It was traditionally the end of the winter session, however, I believe in the state um the state legislation identified the end of April April 30th, and so the shelter providers are working under that assumption and would be happy to have that be the date for the salt for the city.

E

This would not, though, apply to Saint Vincent De Paul overflow, which, by the existing conditional use I believe, is restricted to April 15th as the last date wait, which one does that not apply St Vincent de Paul, the the yearly overflow, has a conditional usage separate than this, and it always ends on the 15th. However, the state won that overrode, the local HRC conditional use, identified April, 30th I believe as the end date for that legislation and.

A

What the mayor did was it increase an additional 25 above that and so we're looking. If we want to match the mayor's intent and the state legislation would be April 30th correctly. Okay, council members, questions great, it looks like we don't have any questions on that.

A

um That is something that we need to adopt tonight. If we don't want that that extension to expire, um I, so I guess should we straw poll can is I, guess I'm looking for a straw poll about the date which.

W

Council members, one other thing that um Andrew and I were just discussing, is that the council also adopted a temporary land use regulation, increasing the capacity at the VOA and that expires on April 15th. So we just wanted to bring that to your attention because there's a couple dates out there for you to be thinking about.

E

At the youth, Resource Center, yes,.

A

That would be a different I mean. We can't do that within the the context of this, because it's not no.

W

We just wanted to bring it to your attention because it's a different date.

A

Z

A

Z

Propose a straw poll that would extend the mayor's emergency authorization.

Z

I'm I propose a straw poll that would extend the mayor's emergency authorization for increased capacity to April 30th.

A

Okay, any questions on the straw poll, okay, so indicate where you're at on that, with a thumbs up or thumbs down, it looks like we have six in support and zero opposed with council member valdemaros, not in attendance. Thank you thanks now we are on item number two.

Z

Yes, do we want to address that 15-day discrepancy at some point as well, I.

A

Would I guess my thought is I? Would let the provider The Operators come back and ask for that? If that's something that they think they need and if so, but.

E

So for the Youth Resource Center, there's not an existing state statute that would conflict datewise with it.

E

um So there's no issue there I think in the current Resource Centers the adult ones where the state had authorized their increase until the 30th, and we, if we only did the 15th there might have been an issue there with decreasing beds for 15 days, but I think we could talk about the youth Resource Center. If that's something of interest to the council and figure out. If you want to align that with the April 30th, we could talk about how to.

A

In your expertise, is that um a necessary Gap, the the 15 days at the end of April, is that uh a time when we're going to have a lot of emergency situations or generally.

E

That depends on the weather, I I think we've gone off, April 15th for a number of years, because when Saint Vincent De Paul was set up that conditional use it identified. October 15th, April 15th is sort of a safe sixth month date wise, but that was assuming the weather cooperated. So it's always hard to tell to be honest with you and because you could only do it for six months. That's what.

AE

E

Sort of limited like the earlier you did it in October the earlier it ended in April, so there's not a magic date in April. Unfortunately, I apologize for that.

A

Well, I'd be open to discussing that if the providers think that that is necessary, but I I say we let them come and ask us for that. Is that fair.

E

uh I could go back to Volunteers of America and ask about the youth Resource Center specifically and see if they would see a benefit to extending for 15 days. If you would like us to do that, I.

A

Think so yeah, but no harm in having the conversation. Sure thanks Andrew. Thank you. Okay item number, nine, which is an amendment to the zoning text pertaining to the use of landscape materials.

A

This is something that will be presented by Nick Norris planning director.

T

I think there's a presentation that would make it a lot easier for me to discuss this, but while we're waiting for that to load, this is in reaction to um a couple of things. One is there are a number of rebate programs right now um that are oh great. Thank you. If we go to the next slide,.

T

um So there's there's a couple of of rebate programs that give people um a financial incentive to remove Turf and replace it with more water-wise Landscaping um right now, Salt Lake City is eligible for one of those rebate programs, that's administered from the Central Utah Water, Conservancy, District, there's a second program that was a pilot this year that was administered through the Department of Natural Resources, which Salt Lake City was not an eligible City for the reason for that is because those that Pro that rebate program required certain Provisions in a landscaping ordinance.

T

The Central, Utah Water, Conservancy, District rebate program, is changing on March 1st of this year to also require local governments to adopt certain Landscaping Provisions in order for residents of those cities or Property Owners to be eligible for those rebates that particular rebate program. Salt Lake, City property owners are the largest um more of the more the majority of the rebate dollars issued to go to Salt Lake City residents versus everywhere else within the central Utah Water Conservancy District service area, which is most of northern Utah. So um next slide.

T

So, just to recap what these uh these were. This is the Department of natural resource. It's a dollar per square foot rebate. If you replace Turf with drought, tolerant or drought resistant Landscaping, this was funded by the legislature.

T

Again, you must be an eligible City on that slide, whether I don't know how legible it is, but um there's a list of those cities that were eligible because they had certain Provisions, mainly that were limiting the amount of turf that could be placed on um or could be planted in new developments and when and redevelopments next slide,.

T

This is the Central Utah Water Conservancy District, it's a dollar 25 per square foot; rebate. Again, it's changing on March 1st. In order to be eligible, we have to be our staff proposal by Sentry to Water Conservancy district and they've indicated that adopting it would meet that their requirements next slide.

T

So when this would be applicable is all new development changes that require landscape plans. It's important to note, not all properties or uses in the city require a landscape plan. So, for example, single-family residential are exempt from having a landscape plan, but they do have to comply with the landscape Provisions.

T

This particular proposal has different standards for single-family versus non-residential uses and multi-family, and then outdoor recreation areas are specifically exempt from the limitations on Turf next slide.

T

uh So getting into those changes, so in single and two family, no more than 35 percent of a landscaped area can be sod um and all properties are allowed to have at least 250 square feet of sight, sod, regardless of site yard size. This is meant to not necessarily punish particularly small Lots, where 35 percent of their landscaped area may be a relatively small area and then for multi-family uses it's 20 of the landscaped area. That includes all common areas.

T

T

For all other uses, no more than 20 percent of the landscaped area can be sought again. Active Recreation areas are exempt. The following two Provisions apply to all landscaped areas. Sod would be prohibited in any area that has a dimension less than eight feet in width. That's in any Dimension, that's because to reduce overspray from Sprinklers and then prohibited on slopes over 25 percent. Both of those two Provisions are currently in our code. One of them is a suggestion. It's the less than eight feet.

T

um It's not it's not quite a requirement, so Central, Utah, Water, Conservancy District, said that we had to modify that to in order to qualify, and our current prohibition on slopes over on steeper slopes is actually at 30 percent, not 25. So this lowers that threshold next slide.

T

It also requires certain things for places that are for parts of property that are not vegetated and for trees.

T

The trees are something that we added we added, but we want to make sure that all trees, particularly in the park ships, have access to water and that any area that's not covered by vegetation or some other allowed material like pavers patios things like that has to be covered with molds that meets a certain thickness, that's already a requirement in our code and then the other we did clarify it, move it around, so it's more applicable versus where it was, and then the other requirement is that any sort of automated automated sprinkler system or irrigation system has to have What's called the water sense controller.

T

That's essentially it's a controller, that's certified by an NGO, a federal NGO that essentially just allows for there to be rain delay when it rains, so that things aren't aren't being watered during the rain next slide.

T

It does other things too, but that's the main reason for it.

T

uh I think we there another slide.

A

We went real, quick and then came back yeah.

T

M

Did it seems to be the last.

AB

T

Had in the stick? Well, that is the end of it. Then um again, these aren't very extensive changes. The idea is that, as we're doing a more comprehensive change to our Landscaping code, that all of these will remain in there so that we remain eligible for those rebates and we expect rebates to actually grow. There is I think a funding request of the legislature this year to re-establish that pilot program from this last calendar year.

A

That's it I'm, not understanding it correctly that these current changes on our on the table right now are just to get us in compliance with the requirements so that our residents can qualify for the rebates, but there's more changes to come that worked a bigger, broader, more comprehensive, so approach, now's, not the time to discuss everything in our landscape ordinance! That's coming right! Okay, any questions! Council! Members!

A

Okay! Awesome! Thank you Nick! Thank you. uh Let's see, how are we doing on our last board appointment.

O

Mr Terry believes she's about 10 minutes away from her house on public transportation. So that's her. Yes, um I guess you have two options. You could you could ask her to join um after the closed session, because I know you have a closed session planned or you could take a.

A

O

Minute, break 10 minute break and then convene.

A

Break okay, we'll take a 10-minute break and come back at 5 30.. um Hopefully we'll have that board appointment. Then we can go into break in closed session. Thank you.

A

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A

For your patients and it looks like we have olvia guadarama online. Thank you for joining us.

C

Yes, thank you for waiting I'm. So sorry, that's.

A

No problem, thank you for riding the bus too.

A

um It sounds like okay, so, while we've gone through the other ones, what we are looking for is just a quick one to two minute introduction of yourself and why you're interested in serving on the racial equity and policing, Commission um and- and this is just a chance for you to introduce yourself to the council, so go ahead.

C

All right well, my name is.

C

City I am uh legally blind and I work with division of services for low vision and blind individuals. I was interested in this position because I as a Hispanic have very uh concerning thought about interactions with diverse communities and police officers. I have been aware of how, when you get pulled over, if I'm, with someone I will notice their tone of voice and I will notice their language and what they inform. You of and I have not had any experience that have um necessarily been awful or anything like that.

C

But I have heard some stories where it raises my concerns and the most concerning one at this point was just as an officer with the UTA and he had stopped my nephew, who is um he's a U.S citizen. However, he has just recently come from the Mexico and uh he he was stopped by an officer and he was asked for his Social Security and- uh and luckily he had that because he was just commuting from Salt Lake to Brigham, and so he had that and he showed him.

C

The Social Security and his birth certificates and I feel like where that was appropriate for him to show it, because he is a citizen. I felt like that was unappropriate, even just for the UTA police and so I think that there are things that uh can be addressed and done differently and uh still respect. Other individuals, uh I feel like they're that confrontation with my nephew could have gone another route, olvia.

A

Thank you so much for that introduction. um Council members, you have any questions for olvia, okay, thank you. Olvia you'll be on the consent agenda this evening. uh You don't need to attend our meeting tonight, but thank you so much for your willingness uh to volunteer and spend your time with Salt Lake City.

C

Yeah no worries, thank you so much and I'm sorry again for um keeping you guys waiting.

A

No worries thank you for um thank you for joining us. Thank.

C

You have a good day.

A

um Let's see council members I think we do not have we're on to report of the chair and vice chair I, think there's no report from the chair and vice chair or the executive director, so that moves us to our closed session um I believe we do have one scheduled for attorney-client matters. I need a motion.

R

S

Moved that we uh enter into a closed session for purposes of attorney, client matters.

H

A

I have a motion from councilmember Fowler, second from councilmember Dugan. Is there any discussion to this motion? Okay, I'll roll call, councilman Dugan, yes, council, member Pui, yes Fowler! Yes,.

AF

A

Yes, Petro, yes and I'm a yes that passes six to zero, so we will be moving into closed session and for um the recorder and the public. We will be moving from after closed session, we'll be going to break and moving directly into our formal. So this is the adjournment of work session.

W

Need to confirm I didn't hear councilmember Dugan's vote on the closed session. Yes,.

A

Thank you. It was yes, so six to zero and we are adjourned from work session. We will see you back at seven o'clock for formal session. Thank you.

A