Does Layton have too many apartments? If so, can the city legally halt construction of new units?
Those questions were among issues raised at the Nov. 18 City Council meeting where a rezone of 2.78 acres from single-family to multifamily designation on the northeast corner of Adamswood Road and Gentile Street was tabled, pending further review. The council will re-examine the rezone at its Dec. 2 meeting.Brian Lamano, a developer, wants to construct apartments on the land. The R-M-1 zone he's seeking would allow 16 apartment units per acre.
"We try to have a nice complex," Lamano told the council in response to compliments by the council on some of his other apartments in the area. He also said the new apartments would have about one acre of buffer space between the nearest single-family residences.
But Anita Muhlestein, who lives in a bordering residential area, expressed strong opposition to the rezone. She's concerned about the increase in traffic and crime the apartments would bring. She also said Layton has too many apartments in the area now and not enough sidewalks.
Mayor James Layton said he believes Layton has more than its share of apartments compared with neighboring cities and added the city has only a 2 percent apartment vacancy rate now. He believes apartments make up 18 percent to 19 percent of the city's residential housing.
The Layton master plan has an optimal apartment percentage of 15 percent.
Debra Ledkins, another council member, said she understands Layton from a source outside of city government that Layton has a 6 percent apartment vacancy rate.
The City Council voted and initially deadlocked 2-2 on the Lamano rezone until Mayor Layton broke the tie with the deciding negative vote. But Gary Crane, city attorney, said the 15 percent apartment rate is an objective, not a controlling device.
Crane also called for each council member to state his or her specific reasons for denying the rezone.
After these explanations, council member Lyndia Graham rescinded her vote over a misunderstanding, and the council then voted to continue the hearing until the next meeting.
"I'm personally opposed to any more apartments in Layton," Graham said, though she withdrew her vote.
Council member Jerry Stevenson voted for the rezone because he believes Lamano's apartment units have low crime rates, the rezone fits the master plan and it is near an arterial street.