State Street districts moratorium

Every hearing and vote

1. August 9, 2021 · City Council

   Moratorium on construction in State Street districts (City Center, Hub, Canyon Crossing, Arts and North Village)

   Approved · 4-2

   Deputy City Attorney Steve Earl told the council that Utah Code 10-9a-504 allows a moratorium only on a finding of a compelling countervailing public interest, and that Utah has no case law on whether traffic or height concerns qualify; he could not predict how a court would rule. Earl said staff regards the Wright Development site plan as within and adjacent to a residential zone, so a neighborhood meeting was required before the application could be complete and the developer had no vested rights. Attorney Stephen Mouritsen, representing Wright Development, said the Arts District is a mixed-use zone, the site is separated from residential zones by a city-owned right of way, no meeting was required, and the project had been in the works about three years. A Wright Development representative said the project would be apartments and that a bank proposed there four years earlier had been denied under new zoning. Council Members Spencer and Peterson cited traffic, road capacity and the delay of bus rapid transit, with Peterson also citing parking and water use; Mayor Richard Brunst said the city uses 62 percent of its available water and that traffic was not an emergency, and said he would leave the Hub and North Village districts out. Council Members Debby Lauret and Brent Sumner said they saw no compelling interest and warned of legal challenge, and Lambson said he would support it, citing a resident's concern that housing is becoming mostly rentals. Spencer said the council wanted to review all State Street districts after changing the North Village rules. The council heard 15 speakers.

   • Duration: not to exceed six months
   • Applies to: erection, construction, reconstruction or alteration of any building or structure, and subdivision approvals
   • Alternative considered: temporary regulation on height, parking, setbacks and residential uses
   • Legal basis: Utah Code 10-9a-504

   Moved by Council Member David Spencer, seconded by Council Member Tom Macdonald. Vote: 4-2 among council members; Mayor Richard Brunst also voted no. Council Members Debby Lauret and Brent Sumner voted no.

2. August 24, 2021 · City Council

   Amendment to State Street districts moratorium (exempting certain construction)

   Approved · 6-0

   Deputy City Attorney Steve Earl said the amendments fix problems the moratorium created unintentionally, such as blocking commercial remodels, fence and sign maintenance, and purely commercial development. The exemption covers interior and exterior remodels, signs, fences and retaining walls, utility and parking-lot work and similar improvements that add no habitable space, capped at 60 feet, plus purely commercial construction up to 60 feet with at least one stall per 250 square feet of floor area. In response to Council Member David Spencer, Earl said more restrictive rules, such as those in the North Village District, would still apply.

   • Commercial exemption: no residential use, 60 feet maximum height, 1 stall per 250 sq ft of gross floor area

   Moved by Council Member Terry Peterson, seconded by Council Member Tom Macdonald. Vote: 6-0 among council members; Mayor Richard Brunst also voted aye

3. August 24, 2021 · City Council

   Work session: advisory opinion request from the State Property Rights Ombudsman

   Discussed

   City Attorney Heather Schriever said Wright Development had asked for an advisory opinion on whether its site plan application was complete and vested before the moratorium, which depends on whether a neighborhood meeting was required. The city retained outside counsel and agreed to use a staff attorney in the ombudsman's office. City Manager Jamie Davidson said a legislator had raised concerns and that a state housing affordability commission is studying the issue; Council Member Spencer asked about a work session with legislators, and Council Member Peterson said a state senator had told him of support for the moratorium.

4. August 24, 2021 · City Council

   Work session: State Street district height, setback and parking standards

   Discussed

   Mr. Bench reported the Planning Commission's recommendations: against the proposed overall height standards, for setbacks from residential zones, and against the parking standards. He also reviewed limits on residential use as a share of mixed-use projects. Council Members Spencer and Peterson said they wanted to review each district in detail and Peterson proposed neighborhood meetings in each district.

5. January 11, 2022 · City Council

   Work session: Utah Fit Premises Act; Wright Development lawsuit update

   Discussed

   Deputy City Manager Steven Downs repeated the November briefing on the state rental livability act for the new council, and Mayor Young worried landlords might raise rent on tenants who report problems. Deputy City Attorney Steve Earl said a judge had dismissed one of two claims Wright Development filed against the city and, for now, ruled in the city's favor.