SALT LAKE CITY PLANNING COMMISSION
451 South State Street, Room 126
Present from the Planning Commission were Chairperson Max Smith, Vice-Chairperson Judi Short, Andrea Barrows, Arla Funk, Gilbert Iker, Diana Kirk and Mike Steed. Gregory DeMille, Craig Mariger and Stephen Snelgrove were excused.
Present from the Planning Staff were Planning Director William T. Wright, Joel Paterson, Emil Pierson, Everett Joyce, Margaret Pahl and Doug Wheelwright.
A roll is being kept of all who attended the Planning Commission meeting. The meeting was called to order at 5:15 p.m. by Mr. Smith. Minutes are presented in agenda order, not necessarily as cases were heard by the Planning Commission. Tapes of the meeting will be retained in the Planning Office for a period of one year, after which, they will be erased.
APPROVAL OF MINUTES
Mr. Iker moved to approve the minutes of Thursday, March 4, 1999. Ms. Kirk seconded the motion. Ms. Short, Ms. Funk, Mr. Iker, Ms. Kirk and Mr. Steed voted “Aye”. Ms. Barrows, Mr. DeMille, Mr. Mariger and Mr. Snelgrove were not present. Mr. Smith, as Chair, did not vote. The motion passed.
PUBLIC HEARINGS
PUBLIC HEARING - The Planning Commission will receive public comment and consider making recommendations to the City Council on the Granary District Redevelopment Project Area Plan generally located between 600 South to 1000 South and 300 West to Interstate 15 excluding the area west of 500 West between 600 and 800 South.
Mr. Joel Paterson presented the Granary District Redevelopment Project Area Plan and the recommendation to forward a favorable recommendation to the City Council, a copy of which is filed with the minutes.
Ms. Alice Steiner, Director of the Redevelopment Agency, was present for this portion of the meeting to answer questions.
Ms. Short asked why the Redevelopment Agency chose the Granary District. Ms. Steiner stated that the Redevelopment Agency is limited to 100 acres. Therefore, the Redevelopment Agency tried to pick 100 acres that would have the best tax increment generation potential.
Mr. Smith opened the hearing to the public and asked if anyone wished to address the Planning Commission.
Mr. Mike Picardi, a property owner in the area, stated that he would like to see the smaller businesses helped by the city which would make it easier for them to upgrade their existing buildings. Doing this might help some of the businesses that are already in the area.
Mr. Smith stated that his perception of the plan is that it does favor existing businesses. Ms. Steiner stated that perception is correct and the plan implementation process includes offering programs to the existing businesses.
Upon receiving no further requests to address the Planning Commission, Mr. Smith closed the hearing to the public and opened it for Planning Commission discussion.
Motion for the Granary District Redevelopment Project Area Plan:
Ms. Kirk moved, based on the finding that the Granary District Redevelopment Project Area Plan is consistent with the Gateway Development Master Plan, to forward a recommendation to the City Council to adopt the Granary District Redevelopment Project Area Plan. Mr. Steed seconded the motion. Ms. Short, Ms. Funk, Mr. Iker, Ms. Kirk and Mr. Steed voted “Aye”. Ms. Barrows, Mr. DeMille, Mr. Mariger and Mr. Snelgrove were not present. Mr. Smith, as Chair, did not vote. The motion passed.
PUBLIC HEARING - Petition No. 400-98-43 by Timberline Assets, Inc. requesting closure of a section of Brooklyn Avenue (1025 South), east of the 500 West Street intersection.
Mr. Emil Pierson presented the staff report outlining the major issues of the case, the findings of fact and the staff recommendation, a copy of which is filed with the minutes. Mr. Pierson stated that the closure is being requested so the two adjacent property owners (Timberline Assets and Kessimakis Produce) can each purchase half of the right-of-way to allow for improvements to their businesses.
Mr. Eric Weeks, representing Kessimakis Produce, was present for this portion of the meeting and stated that he was in agreement with the staff recommendations with one clarification. He stated that Condition #2 states that either a cul-de-sac be provided at the end of 500 West or an improved 20 foot emergency vehicle access easement. Mr. Weeks then noted that the Kessimakis’ agree with the 20 foot emergency vehicle access is consistent with what they would like for the use of the property and have no objections to incorporating it.
Mr. Smith opened the hearing to the public and asked if anyone wished to address the Planning Commission. Upon receiving no response, he closed the hearing to the public and opened it for Planning Commission discussion.
Motion for Petition No. 400-98-43:
Ms. Funk moved, based on the analysis and findings of fact, to recommend that the City Council hold a public hearing and adopt an ordinance to approve Petition No. 400-98-43 to close the right-of-way on Brooklyn Avenue between 500 West and the 900 South on/off ramp. Ms. Funk further moved that the excess right-of-way be declared surplus property so the ownership may be transferred to adjacent property owners in exchange for fair market value with the following conditions:
1. All Division of Transportation, Fire Department, Engineering Division, and Public Utilities Division requirements and regulations be met as well as all applicable City Ordinances.
2. A 60’ hammerhead or 70’ diameter cul-de-sac be provided at the end of 500 West or An improved 20 foot emergency vehicle access easement (with no parking permitted on the easement) be provided through the Kessimakis Produce property from 500 West Street to Fayette Avenue. (deletion made by the Planning Commission)
3. That Finding #2 be changed to read: Brooklyn Avenue is an unimproved street. (underlined portion added by the Planning Commission)
Ms. Short seconded the motion. Ms. Short, Ms. Funk, Mr. Iker, Ms. Kirk and Mr. Steed voted “Aye”. Ms. Barrows, Mr. DeMille, Mr. Mariger and Mr. Snelgrove were not present. Mr. Smith, as Chair, did not vote. The motion passed.
PLANNING ISSUE
Continuation of discussion on Petition No. 400-98-65, a legislative action item initiated by the City Council under the direction of Councilmember Carlton Christensen. The Planning Staff will present specific zoning classifications and general development schemes for the properties at 347, 353, and 359 North 700 West and for the properties at 433, 437, 449, 459 North 600 West and 648 West 400 North.
Mr. Everett Joyce presented the staff report outlining the major issues of the case, the findings of fact and the staff recommendation, a copy of which is filed with the minutes. Mr. Joyce stated that the Planning Commission held a public hearing regarding this petition on February 18, 1999. In response to comments from property owners at the meeting, the Planning Commission requested the staff reevaluate the proposed zoning for two of the subareas: Area 4 (700 West between 300 and 400 North) and Area 7 (600 West between 400 and 500 North).
Councilmember Carlton Christensen was present for this portion of the meeting and stated that he was in agreement with the staff recommendations.
Mr. Smith opened the hearing to the public and asked if anyone wished to address the Planning Commission.
Mr. Nolam Larsen, representing John Powell who owns property in Area 4, stated he is opposed to the proposed rezoning of “R-1-5000” and would like to have the property rezoned to “SR-1”. Mr. Larsen feels that an “SR-1” zoning classification will allow him to utilize the property to the highest potential.
Upon receiving no further requests to address the Planning Commission, Mr. Smith closed the hearing to the public and opened it for Planning Commission discussion.
Mr. Steed stated that he does not feel that the proposed zoning change of “R-1-5000” (Scheme A) is the best option for Area 4. He then stated that he feels that the best option would be an “SR-1” zoning classification (Scheme B) because it is a good transition from a high density neighborhood into a lower density neighborhood.
Ms. Funk stated that she is concerned that an “SR-1” zoning classification, which allows duplexes, will increase the rental vs. ownership percentage. Mr. Steed responded by stating that if the property were to be rezoned “R-1-5000” for this area, the single family homes that could be built would be fairly small and he feels that they would eventually become rental homes. Allowing “SR-1” gives the property owner some flexibility to develop the property.
Motion for Petition No. 400-98-65:
Mr. Steed moved, based on the findings of fact, to transmit a favorable recommendation to the City Council for Petition No. 400-98-65 to amend the Capitol Hill Community and Northwest Community Master Plans and the Guadalupe Target Area as well as the Northwest and Capitol Hill Community Zoning Maps as follows:
Area 4 Rezone the property to Residential “R-1-5000” “SR-1” and amend the Northwest Community Master Plan to identify this area for low-density residential development. (correction made by the Planning Commission)
Area 7 Rezone the eastern 125 feet of the properties to Residential “SR-1” and the western portion of the properties to Residential “SR-3”. All of the property abutting the freeway right-of-way should be zoned “SR-3”. Amend the future land use map of the Capitol Hill Community Master Plan and the Guadalupe Target Area Plan to identify the 600 West frontage for low-density residential land uses.
Ms. Kirk seconded the motion. Ms. Short, Ms. Funk, Mr. Iker, Ms. Kirk and Mr. Steed voted “Aye”. Ms. Barrows, Mr. DeMille, Mr. Mariger and Mr. Snelgrove were not present. Mr. Smith, as Chair, did not vote. The motion passed.
Ms. Barrows arrived to the Planning Commission meeting at this time.
SUBDIVISIONS
PUBLIC HEARING - Request by Allen Borg to create a twelve lot residential subdivision, to be known as the Featherstone II Subdivision, located at 1025 North Redwood Road in a Residential “R-1-7000” zoning district.
Mr. Max Smith noted that this request has been postponed until a future Planning Commission meeting.
“ISSUES ONLY” PUBLIC HEARING - The Planning Commission will receive public comment on a proposal by Jonathan Ruga for a plat amendment to the Capital Park Planned Development Phase 4 plat to combine three lots (lots 409, 410 and 411) into one large lot located at 673 N. Caring Cove in a Foothill Residential “FR-3” zoning district.
Mr. Smith noted that this item is an “Issues Only” Public Hearing and that no decisions will be made at this meeting.
Ms. Margaret Pahl presented the staff report outlining the major issues of the case, a copy of which is filed with the minutes.
Mr. Jonathan Ruga, the petitioner, and Mr. Michael Anderson, the builder, were present for this portion of the meeting. Mr. Ruga stated that he was in agreement with the staff recommendations. He then stated that the primary purpose of combining the three lots is because any one lot does not have sufficient buildable area. By combining the lots a more open, spacious, park like environment can be created which Mr. Ruga believes will enhance the overall development. Mr. Ruga then stated that he is also striving to be sensitive to the concerns of the community. Mr. Ruga continued by presenting his proposal to the Planning Commission.
Mr. Smith opened the hearing to the public and asked if anyone wished to address the Planning Commission.
Mr. Nick Colessides, representing the owner of Lot #412 (Mr. & Mrs. Gregory Chachas), was present for this portion of the meeting. Mr. Colessides stated that his clients are opposed to the three lots being combined into one because they feel it will essentially change the character of the neighborhood. He continued by stating that his clients also have some serious concerns and objections about the proposed location and
orientation of the swimming pool. If the swimming pool is located immediately adjacent to Lot #412 and the setback is only the 10 foot setback requirement, it could create a visual impact. Mr. Colessides then stated that his understanding is that a tennis court is no longer a consideration. Mr. Wright spoke in the affirmative then stated that it does not mean that a tennis court could not be permitted in a rear yard sometime in the future.
Upon receiving no further requests to address the Planning Commission, Mr. Smith closed the hearing to the public and opened it for Planning Commission discussion.
Mr. Steed asked for clarification regarding what type of fencing is required in the CCR’s for this community. Mr. Colessides had a copy of the CCR’s which states that only wrought iron fencing is allowed.
Mr. Iker, an Avenues resident, provided some history of the subdivision and stated that the developer’s original plans were denied. The developer then came up with the present design, which is a much approved design over the original plans. Most of the homes in this neighborhood are two stories. Therefore, instead of three, two-story homes being built on the three lots, Mr. Ruga’s proposal is one, one-story home. Mr. Iker then stated that in analyzing the issues of having this house as a neighbor, the house will be quite low in scale and quite a physical distance from Lot #412.
Ms. Kirk asked if there are any restrictions within the CCR’s about putting lots together? Mr. Wright stated that staff has not discovered any restrictions.
After a discussion concerning the roles of the CCR’s, the Homeowner’s Association and the Design Review Committee for this community, Mr. Wright noted that staff will provide some clarification from the City Attorney about the relationship between the CCR’s, the Homeowner’s Association and the Design Review Committee and make sure that there is a clear response to this issue for the next Planning Commission meeting when a decision will be made. Mr. Wright stated that staff will also include any issues there may be about the powers of the Planning Commission to approve proposals that may or may not be consistent with the CCR’s.
Mr. Wright then stated that this item is on the Planning Commission agenda for their April 15th meeting for further discussion and probable decision.
PUBLIC HEARING - Request by Randy Dowland to re-subdivide the two lots located at approximately 858 East Sego Avenue into five townhome lots in a Residential “SR-3” zoning district.
Ms. Margaret Pahl presented the staff report outlining the major issues of the case, the findings of fact and the staff recommendation, a copy of which is filed with the minutes. Ms. Pahl stated that Planned Parenthood has some concerns regarding the new residents using a right-of-way through their parking lot. Staff researched the Planned Parenthood site history and found that they were granted a variance in 1989 to expand the existing building without the required side yard setback, to use leased parking on the adjacent parcel to the south and to eliminate the landscaped buffer requirement on the western property line. In 1991, they purchased the two lots to the south, demolished the existing building and expanded their parking lot to an adjacent restaurant’s northern property line. Planned Parenthood’s attorney has sent a letter asserting their opposition to the applicant’s use of the right-of-way for rear access. In this letter, they claim that the proposal is an unauthorized intensification on the right-of-way. Ms. Pahl then stated that staff’s research has shown that neither Planned Parenthood nor the applicant own the right-of-way in fee title. Therefore, each has equal access to the right-of-way so long as neither impede the other’s use of it.
Mr. Randy Dowland, the petitioner, was present for this portion of the meeting and stated that he was in agreement with the staff recommendations.
Mr. Smith opened the hearing to the public and asked if anyone wished to address the Planning Commission.
Mr. David Sucec, a resident on Sego Avenue, stated that he is concerned about some rental units and that the tenants park anywhere including on the front lawn. There have been times when residents on Sego Avenue could not get in and out of their driveways. During the day when parking enforcement is able to ticket motorists, there is not much of a problem. However, during the evenings parking is a serious problem. The police used to issue tickets at night but they have not done this for approximately two years. Mr. Sucec is concerned that Mr. Dowland’s units will increase the parking and traffic problems, especially if they turn into rental units.
Mr. Tom Barton, member of the Board of Directors for Planned Parenthood, and Ms. Carrie Galloway, Executive Director of Planned Parenthood, were present. Mr. Barton stated that he is concerned about the increased traffic on the right-of-way through the Planned Parenthood parking lot. He fears that the new residents will cause traffic accidents with clients maneuvering in the lot. Mr. Barton also stated that he is concerned about people using the Planned Parenthood parking lot at night because of security issues. Planned Parenthood is hoping to work out another primary access to Mr. Dowland’s project and using the right-of-way as a secondary and/or emergency access.
Ms. Galloway added that Planned Parenthood has had the current parking arrangement for ten years. Ms. Galloway is concerned if the right-of-way is used as the primary access for a high density project. She is also concerned if cars are left in the parking lot at night. Due to security issues, she and the police would need to investigate anything suspicious. She realizes what is legal, however, she asked the Planning Commission to find the best solution for the neighborhood.
Mr. Dave Thomson, a resident on Sego Avenue, stated that if a new primary access is found for the new residents, he asked that it not be off of Sego Avenue because it is a narrow street and it will change the whole reflection of the neighborhood.
Ms. Jolene Earl, an abutting business owner north of Planned Parenthood, stated that she is concerned that Mr. Dowland’s project will increase traffic and that it will impact the parking lot of her business. She also suggested to the Planning Commission that another primary access to the property be found so that the new residents will not impact the right-of-way and the parking lots in the area.
Mr. Dan Keough and Ms. Roanna Keough, residents on Wilshire Avenue, are concerned about increased traffic and parking. A parking problem already exists on Wilshire Avenue due to the fact that parking is not allowed on Sego Avenue but is allowed on Wilshire Avenue. Ms. Keough stated that she feels that the new residents and visitors will use Wilshire to park because it is close to the new townhomes.
Mr. Dave Wood, a resident on Sego Avenue, stated that he feels that closing the west side of Sego Avenue is a possible option because the residents on Sego do not want any additional traffic. Mr. Wood then stated that his major concern is the increased traffic. Sego Avenue gets Planned Parenthood traffic all of the time which on several occasions have been traveling well over the speed limit.
Mr. Dowland, the developer, concluded by stating that he is targeting retired people not college students. He does not know whether or not the homes will eventually become rental units, however, if they do become rental units they will need to rent for approximately $1,400/month. Mr. Dowland then stated that he has been working with the City and has complied with all regulations. He is now trying to resolve neighborhood issues and hopes to find the best solution for everyone.
Upon receiving no further requests to address the Planning Commission, Mr. Smith closed the hearing to the public and opened it for Planning Commission discussion.
Mr. Steed spoke to the residents on Sego Avenue and stated that they should take the opportunity to look into the city’s traffic calming program. There is currently a moratorium on new applications, however, once the moratorium is lifted the residents can begin to look at ways of trying to resolve their traffic concerns. Mr. Steed then stated that he likes Mr. Dowland’s proposal of providing the off street parking behind the units. Mr. Steed feels that there will not be a large amount of increased traffic and that he does not see a large impact upon the Planned Parenthood parking. Having a few more neighbors in the community could help alleviate the security issues expressed by Planned Parenthood because the new neighbors will begin to take an active interest in the community.
Ms. Barrows stated that she likes the design and the fact that the parking is behind the project.
Mr. Iker stated that one of the keys to this whole issue is figuring out a way to make Sego Avenue a safe street where people do not travel so fast. Traffic calming is a good place to start.
Motion for Dowlands Minor Subdivision:
Ms. Funk moved, based on the findings of fact, to grant preliminary subdivision approval to the Dowlands Minor Subdivision, delegate final approval to the Planning Director subject to compliance with all departmental conditions and requirements. Mr. Steed seconded the motion. Ms. Short, Ms. Barrows, Ms. Funk, Mr. Iker, Ms. Kirk and Mr. Steed voted “Aye”. Mr. DeMille, Mr. Mariger and Mr. Snelgrove were not present. Mr. Smith, as Chair, did not vote. The motion passed.
OTHER BUSINESS
Marmot Mesa Brew Pub
Mr. Wright presented a request by Marmot Mesa Brew Pub to issue a Class F Brew Pub license at 163 West Pierpont and the recommendation to approve, a copy of which is filed with the minutes. Mr. Wright stated that the Planning Commission has deemed Pierpont to be a legitimate street for the issuance of liquor licenses on at least two previous occasions. Pierpont is considered a minor street under liquor ordinance provisions. Staff is requesting, based on the Planning Commission’s past practice of approving at least two other liquor licenses, that a policy be set that each individual request (pertaining to Pierpont) would not need to come before the Planning Commission in the future.
Ms. Kirk moved to create a policy that any requests for liquor licenses pertaining to Pierpont would not need to come before the Planning Commission for their recommendation. Mr. Steed seconded the motion. Ms. Short, Ms. Funk, Mr. Iker, Ms. Kirk and Mr. Steed voted “Aye”. Ms. Barrows, Mr. DeMille, Mr. Mariger and Mr. Snelgrove were not present. Mr. Smith, as Chair, did not vote. The motion passed.
Planning Commission elections for Chair and Vice-Chair.
Ms. Kirk moved to nominate Ms. Short as Chair and Mr. Smith as Vice-Chair of the Planning Commission during the next twelve months. Ms. Funk seconded the motion. Mr. Smith, Ms. Short, Ms. Funk, Mr. Iker, Ms. Kirk and Mr. Steed voted “Aye”. Ms. Barrows, Mr. DeMille, Mr. Mariger and Mr. Snelgrove were not present. The motion passed.
There being no further business, the meeting adjourned at 8:30 p.m.