SALT LAKE CITY PLANNING AND HISTORIC LANDMARK COMMISSION TRAINING
Room 126 of the City & County Building 451 South State Street, Salt Lake City, Utah
A roll is being kept of all who attended the Training Meeting. The meeting was called to order at 5:00 pm. Audio recordings of the meetings are retained for an indefinite period of time.
Present for the Planning and Historic Landmark Commission meeting were:
Planning Commission:
Vice Chairperson Carolynn Hoskins; Commissioners Maurine Bachman, Weston Clark, Clark Ruttinger, Ivis Garcia, and Sara Urquhart. Commissioners Matt Lyon, Andres Paredes and Emily Drown were excused.
Historic Landmark Commission:
Chairperson Charles Shepherd; Vice Chairperson Kenton Peters; Commissioners, Sheleigh Harding, Robert Hyde, Rachel Quist, Paul Svendsen Commissioners Stanley Adams, Thomas Brennan, David Richardson and Kim Wirthlin were excused.
Planning Staff members present at the meeting were: Nora Shepard, Planning Director; Cheri Coffey, Assistant Planning Director; Nick Norris, Planning Manager; Deborah Severson, Administrative Secretary and Paul Nielson, Senior City Attorney. Mr. Wilf Sommerkorn gave the presentation
The Commissioners and Staff discussed and reviewed the following items:
1. What is Planning
• Community’s vision of what it wants to be.
• Expressed as goals and objectives
• Articulated as public policy
• Implemented as ordinances and procedures and investment.
2. Legal Basis for Planning and Land Use Regulation
• Utah Code, Section 10-9a & 17-27
o Land Use Development and Management Act
o LUDMA
3. Why Planning Is Important
• Manages Change.
• Balances Investment and Development Opportunity with implementing the Community’s Vision.
• Manages Conflict with incompatible land uses.
• Creates Certainty.
• Directs appropriations of public funds.
4. Why Historic Preservation is Important
• Learn about the importance of our culture and history.
• Protect areas that provide a sense of place.
• Provides Economic Viability through employment, tourism and property values.
• Typically promotes preservation of walkable environment.
• Sustainable practice through use of using what exists and adaptability.
• Promotes quality design and construction.
5. History
• 1916 – NYC Zoning Ordinance
• 1924 – U.S. Dept. of Commerce Standard Enabling Act
• 1925 - Utah Legislature adopts for cities
• 1927 – SLC adopts zoning
• 1945 – Utah Legislature adopts for counties
• 1976-SLC adopts first Historic Preservation Ordinance
• 1978- Supreme Court upholds regulation for Historic Preservation
• 1992 – LUDMA adopted
• 2005 – Major revisions - SB60
6. How does Local Government Planning Work?
• Planning is part of Government.
• Government is Politics
• Process for deciding who gets what.
7. How it’s Done
• Step One
O Utah Code:
1. Every city, county shall enact an ordinance establishing a
Planning Commission!
2. Governing body must designate:
a. Land Use Authority
b. Appeal Authority
8. Why a Commission?
• Two Main Roles
• Legislative
• Administrative
9. Legislative Action
• Relates to adoption of policy and rules to implement that policy
• Decisions are more political than legal
• Preferences of legislative body members given broad deference by the courts
• Usually only challengeable in court if no public benefit at all, or tries to do something clearly illegal
• Actions are referable
10. Legislative Actions
• Adoption or amendment of General Plan
• Adoption or amendment of Land Use Ordinances
• Zonings or rezones (including designation of historic districts)
• Annexations
• Adoption of fee schedules
11. Legislative Role
• Prepare, recommend general plan and amendments
• Prepare, recommend regulations, zoning maps, official maps, and amendments
• HLC role is similar to PC role, but HLC review relates to Historic Preservation Issues. HLC recommendations go to both the Planning Commission and City Council.
12. Administrative Actions
• Items being considered under the rules established by ordinances
• Decisions are more legal & technical, rather than political (not policy)
o Does the project comply with the standards of the ordinance?
• Strict standards of review in the courts – there must be “substantial evidence” for the action taken
• No public clamor! There must be “evidence”
• NOT Referable
13. Administrative Actions
• Issuance of building permits
• Site plan reviews
• Conditional use permits
• Certificates of Appropriateness
• Subdivision reviews
• Land use application approval
14. Administrative Role - LUA
• PLANNING COMMISSION
o Land Use Authority for land use applications, if so designated by council
• HISTORIC LANDMARK COMMISSION
o Land Use Authority for designated applications
o ADVISORY to PC and Council on plans, ordinances
15. Utah Open & Public Meetings Act Utah Code 52-4-1-101
• Do I have to follow this law?
o Yes…if you are: An administrative, advisory, executive or legislative body of the state or its subdivisions and; were created by the Utah constitution, statute, or rule, ordinance or resolution.
16. Public Meeting
• Posted and Noticed
• Open to the public
• Agenda with items listed
• Public input not required
17. Public Hearing
• Posted and Noticed
• Happens within a public meeting on a specific agenda item
• Input required – anyone can comment
• Can limit time of input – must be uniform (due process)
• Can accept written comments
• Can continue to another night
18. Public’s Role
• Administrative versus Legislative
The meeting adjourned at 7:30 pm