The City Council met in Work Session on Tuesday, October 20, 2015, at 2:10 p.m. in Room 326, Committee Room, City County Building, 451 South State Street.
In Attendance: Council Members James Rogers, Erin Mendenhall, Charlie Luke, Kyle LaMalfa, Stan Penfold, and Lisa Adams.
Absent: Luke Garrott
Staff in Attendance: Cindy Gust-Jenson, Executive Council Director; David Everitt, Mayor’s Chief of Staff; Margaret Plane, City Attorney; Katherine Potter, Senior Advisor to the Mayor; Jill Remington Love, Community and Economic Development Director; Sean Murphy, Council Public Policy Analyst; Russell Weeks, Senior Council Public Policy Analyst; Nick Tarbet, Council Senior Public Policy Analyst; Brian Fullmer, Council Constituent Liaison; Michael Akerlow, Housing and Neighborhood Development Director; Michaela Oktay, Planning Manager; Nick Norris, Planning Manager; Maryann Pickering, Principle Planner; Nora Shepard, Planning Director; Wayne Mills, Senior Planner; David Gellner, Principle Planner; Jonathan Goates, Principle Planner; Casey Stewart, Senior Planner; John Vuyk, City Budget Manager; Robin Hutcheson, Transportation Director; and Cindi Mansell, City Recorder.
Guests in Attendance: Steve Walton, Petitioner; Alene Bentley, Rocky Mountain Power; Brad Knoles, Rocky Mountain Power; Gerry Tully, CVS Petitioner Representative; Adrianne Bell, Holland and Hart LLP; Karen Wiley, Sister City Board Chair; and Jorge Arce-Larreta, Sister City Board Member.
Councilmember Rogers presided at and conducted the meeting.
The meeting was called to order at 2:10 p.m.
AGENDA ITEMS
#1. 2:10:47 PM A PROPOSED ORDINANCE THAT WOULD AMEND VARIOUS SECTION OF THE SALT LAKE CITY CODE PERTAINING TO BREWERIES, SMALL BREWERIES AND BREWPUBS (AMENDING TITLE 21A). The changes would address: the difference between small craft breweries and large industrial breweries;
•the definition of brewpub;
•where breweries and brewpubs may be located in the City;
•inconsistencies in zoning interpretations related to breweries and brewpubs; and
•consistency with State Code.
Petitioner-Mayor Ralph Becker, Petition No. PLNPCM2015-00151.
Russell Weeks, Nick Tarbet, Nick Norris, and Wayne Mills briefed the Council with attachments. Mr. Weeks explained the proposed amendment was to eliminate the definition of “microbrewery,” take a clause about wholesale revenue exclusions currently in the microbrewery definition and place it within a revised definition of “brewpub”; and create a new definition (small brewery) for businesses that manufacture less than 15,000 barrels of beer a year. He said additional amendments would allow breweries, brewpubs, and small breweries in zoning districts where they currently either were not allowed as a land use or allowed only as conditional land uses.
Mr. Mills stated this issue was being raised in response to a nationwide increase of small craft breweries. He said the current Salt Lake City Code did not distinguish between large and small scale breweries. Discussion followed regarding the gap between State and City definition causing issues, air quality regulations, which uses were allowed in which zoning districts, concern with proximity to residential and potential ability to re-evaluate location next to residential. Mr. Mills said the intent was to remove two different land use classifications and simplify the ordinance, as well as removing City regulations for food sales that could already be regulated by the Division of Alcohol and Beverage Control (DABC).
Inquiry was raised relative to the Staff policy questions, how Staff could make determination that Salt Lake City square footage was appropriate, or how the 2500 square feet was calculated. Councilmember Rogers requested that Staff evaluate and consider Council input relative to potential future changes in various zoning provisions to move forward. He said the Council would consider setting the public hearing date this evening to be held November 10, 2015.
#2. 2:49:34 PM An ordinance that would amend the City’s zoning ordinance pertaining to open space requirements in the BP – Business Park zoning district (amending Section 21A.32.030.E). The proposal would reduce the minimum open space requirement from 30 percent to 15 percent. Petitioner–FARB Airport Land, LLC, Petition No. PLNPCM2015-00159. View Attachments
Nick Tarbet, Maryann Pickering, Nick Norris, and Michaela Oktay briefed the Council with attachments. Ms. Pickering said the petition was submitted to eliminate open space requirements and Staff negotiated to reduce it to 15% for the entire BP zone with no restriction on lot size. It was felt that setbacks and additional landscape buffer next to residential districts would be adequate.
Councilmember LaMalfa inquired as to the original 30% methodology and expressed concern with giving away 15% of the land. Ms. Pickering said Staff felt it was appropriate because so many sellers were having a hard time selling their properties. Discussion followed regarding lowering of prices, open space designation, including standards that would help Salt Lake City achieve its goals of environmental, sustainability, reduction of landscaping, and open space requirements. Further discussion followed regarding potential for landscape reduction guidance or suggestions. Ms. Pickering discussed design guidelines and water conservation standards. Councilmember LaMalfa inquired as to some kind of incentive program wherein applicants meet requirements for reducing energy, solar installation, LEED qualified, or circumstances that could qualify for reduction in landscaping requirements to meet policy goals.
Steve Walton, Petitioner, addressed the Council and offered clarification about the proposal. He said the request was not for a change in landscaping requirements which were separate from the 30% open space. He said his group could not understand the logic behind the 30% since almost everywhere else had a 10-15% requirement.
A unanimous Straw Poll was conducted that prior to scheduling a public hearing, the Council wanted the modified language to include standards to help Salt Lake City achieve its goals of environmentalism, energy efficiency, and sustainability to be paired with a reduction in landscaping or open space requirements.
#3. 3:03:26 PM A proposed ordinance that would amend the zoning map pertaining to properties located at 1022 East 800 South and 1026 East 800 South to rezone said properties from R-2-Single and Two Family Residential to RMF-30-Low Density Multi-Family Residential. Under the proposal, a parking lot that serves an existing apartment building would be relocated. Although the applicant has requested that the properties be zoned RMF-30–Low Density Multi-Family Residential, consideration may be given to rezoning the properties to another zoning district with similar characteristics. Petitioner–Rocky Mountain Power, Petition No. PLNPCM2014-00907. View Attachments
Nick Tarbet, Nick Norris, and David Gellner briefed the Council with attachments.
Petitioners Brad Knoles and Alene Bentley addressed the Council to discuss the request. Mr. Knoles said the transaction would allow Rocky Mountain Power to occupy the entire parking lot area and in turn, Public Utilities would utilize the alleyway. Ms. Bentley said the property where cars were parked ran north/south and access would come in from 8th South. It was stated the owner of the property at 1018 East 800 South had agreed to make additional improvements along the property fronting 800 South. There was already paved access but they would widen the driveway to be utilized exclusively as parking and would no longer need rear parking access. This had been a tri-party discussion involving an agreement for property exchange with Camarlot Investments. It was stated they were currently leasing the property and would now own it.
Councilmember LaMalfa inquired as to the 8th South trans-valley or 9-line corridor and whether the proposal would create additional hazards. Mr. Gellner said there was already an existing driveway and the proposal would not add anything new or remove access.
Councilmember Rogers said the Council would consider setting the public hearing date this evening to be held November 10, 2015.
#4. 3:14:42 PM A proposed ordinance that would amend the zoning of properties located at 2036 and 2046 South 1300 East from RO-Residential Office to CB-Community Business and vacate a portion of a public alley on the south side of the two parcels. Under the proposal, the property would be used as a parking lot for a new pharmacy. Although the applicant has requested that the property be rezoned to CB-Community Business, consideration may be given to rezoning the properties to another zoning district with similar characteristics. Petitioner-Gerry Tully, Petition No. PLNPCM2015-00050. View Attachments
Nick Tarbet and Casey Stewart briefed the Council with attachments. Mr. Tarbet said the Planning Commission recommended only the smaller parcel at 2046 South 1300 East be rezoned; and denied the other two proposals. He said the applicant requested the Council consider the full rezone of properties at 2036 and 2046 South 1300 East and vacating a portion of a public alley on the south side of the two parcels. He said there were changes made to the plan based on feedback from the community, but the applicant had not yet received input on those changes. He said the focus was on the rezoning and parcels versus the building design. Further discussion followed regarding parking requirements.
Gerry Tully, CVS Petitioner Representative, introduced Adrianne Bell of Holland and Hart LLP, an attorney working with the development team. Ms. Bell discussed the level of outreach and consistency with the Sugarhouse Master Plan. She said several significant changes to the site plan had been made in response to community feedback; a second entrance to the store was added; sidewalks widened wherever possible to accommodate pedestrian traffic; and inclusion of several streetscape enhancements such as store design, windows, and glazing. She said CVS proposed 67 parking spots which had been reduced to 57 based on response from Community Council concerns. She clarified the CVS zoning proposal was more consistent than existing zoning with the Sugarhouse Master Plan. She said CVS was committed to the community, and the goal from the beginning had been to come up with the best possible solution.
Councilmember Adams inquired as to response from the Land Use Committee, with Ms. Bell stating there was no formal vote but the members did express appreciation for efforts to incorporate concerns. She said parking was still a concern for the committee, but all issues brought forward had been addressed. Discussion followed regarding site layout and parking requirements, with Mr. Stewart stating the minimum was 26 stalls, enhanced bus stop, no clearance for on-street parking on that corner, and closing 90 feet of the driveway along the 21st South frontage and consolidating that into one driveway that was in alignment with the existing alley.
Inquiry was raised as to how many parking spaces the rezone of the small parcel would entail. Mr. Tully said he was not sure. He suggested the drive-thru would reduce the need for parking and hoped to make the site plan work with approximately 40 parking spaces. Councilmember Adams said she felt the key would be to know what the petitioner could do with the small parcel rezone. Mr. Stewart said Staff would provide that information to the Council.
The Council discussed the master plan, whether they agreed the plan was correct and they should not consider the rezone, or if it was too solidly commercial for the master plan. Mr. Stewart said Planning was reviewing the plan for clarification; however, there were more than double the minimum parking requirement. Discussion followed regarding the struggle with vacating unviable alleys, ensuring the zoning change/use within a development agreement, and whether the assumption was the master plan was incorrect.
The Council determined that prior to setting a public hearing date; they wanted to give the petitioner opportunity to respond to Planning Commission recommendations.
#5. 3:46:57 PM A proposed ordinance that would amend Salt Lake City Code relating to off street parking regulations (amending Chapter 21A.44). Under the proposal:
•one parking space would be required per unit in mixed use and multifamily developments in the following zoning districts: CB-Community Business, CN-Neighborhood Commercial, R-MU-35-Residential/Mixed Use District and R-MU-45-Residential/Mixed Use District. Currently, those zoning districts only require a half space per unit.
•maximum parking allowances would be removed for the M-1-Light Manufacturing, M-2-Heavy Manufacturing and BP-Business Park zoning districts, which are generally located west of Redwood Road;
•language regarding Transportation Demand Management would be clarified; and
•text and formatting changes will be made to provide clarity.
Related provisions of Title 21A-Zoning may also be amended as part of this petition. Petitioner-Mayor Ralph Becker, Petition No. PLNPCM2015-00430. View Attachments
Nick Tarbet, Nora Shepard, Jonathan Goates, Robin Hutcheson, and Nick Norris briefed the Council with attachments. Ms. Shepard provided a holistic description/brief background relative to amendments to the City’s off-street parking requirements. She discussed the increase of the parking minimum from ½ to 1 space per dwelling, and concerns by citizens as to negative impacts. She addressed the maximum parking potentially straining new development or negatively impacting economic activities for the business parking west of Redwood Road.
Mr. Goates said the public process included primary concerns related to overflow parking from community business adjacent to single-family neighborhoods. He said additional feedback was received through interviews with a parking consultant advising the City who concluded the proposed changes were appropriate. He said Staff also corresponded with various citizens, neighborhood business groups, and developers; overall, the feedback received indicated support of the proposed changes.
The Council discussed overall parking requirements without consideration to individual uses (i.e. competing uses), how to mingle parking with landscaping, parking in these three zones being different than dealing with downtown blight, and appreciation for this type of solution for a temporary basis. Mr. Goates said many of these elements would be included with the Transit Master Plan Study to be finished up in the beginning of 2016. Ms. Hutcheson said the study would include a comprehensive look at managing parking, and particularly residential.
Councilmember LaMalfa expressed concern that parking constrained the amount of cars that could be on the road. He said adding more parking added more cars, and disagreed more parking was a good thing. He said there were a lot of businesses in the industrial area which were hungry for transit and every time parking lots were expanded, this allowed more parking and essentially incentivized non-participation in transit. He said he wanted to see those businesses served by transit and wanted to return to the original conversation about parking in residential areas and to set aside discussions for industrial areas until the Council received additional information.
Councilmember Rogers expressed concern that businesses facilitating economy and jobs were all considering development in Salt Lake City, but were choosing to go to adjacent cities because of parking and other requirements. He said Salt Lake was not business-friendly and needed to move forward.
A 5-1 Straw Poll was taken in support to move forward with the entire proposal and to schedule a public hearing for November 10, 2015; with Councilmember LaMalfa stating he wanted to move forward with residential only and consider industrial areas at a later time.
#6. 5:11:06 PM A proposal to recognize Trujillo, Peru as a Sister City to Salt Lake City. The cities have had a Friendship City relationship since 2005. Sister Cities share a broad-based, long-term partnership to advance peace and prosperity through cultural exchanges. View Attachments
Brian Fullmer, Jill Love, Karen Wiley, and Jorge Ares-Larreta, briefed the Council with attachments. Inquiry was raised relative to staff necessary to assist the Sister City function, with Ms. Love stating the intent was to be a community program run by the Sister Cities Board. Discussion followed relative to typical expenses associated with the annual $10,000 budget.
Councilmember LaMalfa expressed concern relative to the Sister Cities Board relationship and recent negative press coverage. Ms. Wiley said there were no issues relative to the organization and Board and the group intended to move forward; there were residual unresolved issues with one relationship only. She discussed the positive relationships with Community & Economic Development, the Mayor, and Trujillo and the desire to solidify this relationship further. Ms. Love said in the past, the board had a strong connection with the Chamber of Commerce and other Sister Cities. She said something to explore in the future could be independence from the Sister Cities organization, potential to organize as a non-profit, or board appointments to move forward and be appointed internally versus directive from City Administration.
Councilmember Luke said the timing was right and supported the proposal. Ms. Love said she did not want a 5-year old press release to prevent Trujillo from becoming a Sister City.
#7. 5:33:30 PM A proposed resolution that would authorize the approval of an interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County for a contribution of TRCC Funds. The funds would be used to offset a portion of the salary of the Executive Director of the Utah Performing Arts Center Agency. View Attachments
David Everitt and Katherine Potter briefed the Council with attachments. Ms. Potter explained one of the primary responsibilities associated with her position in the Mayor’s Office was to act as the Utah Performing Arts Center Agency Executive Director. She said the City requested a contribution from the County to offset a portion of that compensation. Discussion followed regarding the proposed interlocal agreement to memorialize the transfer of funds.
#8. 6:17:27 PM Appointment of Eva Rinaldi to the City and County Building Conservancy and Use Committee for a term extending through July 30, 2019.
Councilmember Rogers said Ms. Rinaldi’s name was on the Consent Agenda for formal consideration.
#9. 6:21:33 PM Appointment of Robert Pett to the City and County Building Conservancy and Use Committee for a term extending through July 30, 2019.
Councilmember Rogers said Mr. Pett’s name was on the Consent Agenda for formal consideration.
The Work Session meeting adjourned at 6:25 p.m.
This document is not intended to serve as a full transcript as other items may have been discussed; please refer to the audio or video for entire content.
This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held October 20, 2015.
clm