April 9, 1998

 

SALT LAKE CITY PLANNING COMMISSION Minutes

451 South State Street, Room 126

 

Present from the Planning Commission were Chairperson Max Smith, Andrea Barrows, Jim McRea, Diana Kirk, Gilbert lker, Fred Fife and Mike Steed. Vice-Chairperson Judi Short, Aria Funk and Craig Mariger were excused.

 

Present from the Planning Staff were Doug Wheelwright, Margaret Pahl, Emil Pierson, Joel Paterson, Doug Dansie, Elizabeth Giraud and Craig Hinckley.

A roll is being kept of all who attended the Planning Commission meeting. The meeting was called to order at 5:12p.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. lker moved to approve the minutes of Thursday, March 5, 1998. Mr. Steed seconded the motion. Mr. lker, Ms. Barrows, Mr. McRea, Mr. Fife, Ms. Kirk and Mr. Steed voted "Aye". Ms. Funk, Ms. Short and Mr. Mariger were not present. Mr. Smith, as Chair, did not vote. The motion passed.

 

Mr. lker moved to approve the minutes of Thursday, March 26, 1998. Ms. Barrows seconded the motion. Mr. lker, Ms. Barrows, Mr. McRea, Mr. Fife, Ms. Kirk and Mr. Steed voted "Aye". Ms. Funk, Ms. Short and Mr. Mariger were not present. Mr. Smith, as Cha.ir, did not vote. The motion passed.

 

PETITIONS

 

PUBLIC HEARING -Petition No. 410-306 by Woodbury Corporation requesting a conditional use to allow additional building height of three feet for an office building located at 615 Arapeen Drive in a Research Park "RP" 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.

 

Mr. Lynn Woodbury, 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. Upon receiving no response, he closed the hearing to the public and opened it for Planning Commission discussion.

Motion for Petition No. 410-306:

Mr. lker moved, based on the findings of fact, to approve Petition No. 410-306 to allow additional building height of three feet for an office building located at 615 Arapeen Drive. Mr. Steed seconded the motion. Mr. lker, Mr. McRea, Mr. Fife, Ms. Barrows and Mr. Steed voted "Aye". Ms. Kirk, Ms. Funk, Ms. Short and Mr. Mariger were not present. Mr. Smith, as Chair, did not vote. The motion passed.

 

PUBLIC HEARING -Request by Metropolitan Office Building L.L.C. located at 431 South 300 East in a Residential "RMU" 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 the property includes 80 parking stalls. The minimum number of parking stalls required to satisfy the ordinance standards is 64 stalls. Each unit buyer will have two stalls reserved and available for purchase. With this special feature, no unit will be left without any parking. Ms. Pahl continued by stating that the declarations establish a process for purchasing the appropriate number of stalls and leasing excess stalls. This process provides for a preference to other condominium owners before stalls can be offered to the general public. If and when all owners decline the lease offering, the excess stalls can be leased to the general public for a period of one year. Before the lease can be renewed, the stall must again be offered to current office owners. In addition, the declaration also specifies that only "operational cars, pickups or motorcycles" may use the parking stalls.

 

Mr. Keith Meade, representing the petitioner, was present for this portion of the meeting and stated that he was in agreement with the staff recommendations.

 

Ms. Barrows stated that she is uncomfortable with the above mentioned parking process because she feels that there may be a situation where a new condominium owner may not have the necessary parking stalls available. A brief discussion followed regarding the parking allocation process.

 

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 condominium conversion approval of an existing 30 unit office building:

 

Mr. lker moved, based on the 'findings of fact, to approve the Metropolitan Office Condominium Conversion located at 431 South 300 East with the stipulation that 64 parking stalls be maintained by the association for exclusive use of the owners of the condominium units. Mr. McRea seconded the motion. Mr. lker, Mr. McRea, Mr. Fife and Mr. Steed voted "Aye". Ms. Barrows abstained. Ms. Kirk, Ms. Funk, Ms. Short and Mr. Mariger were not present. Mr. Smith, as Chair, did not vote. The motion passed.

 

Ms. Kirk arrived to the meeting.

 

PUBLIC HEARING -Petition No. 400-98-21 by John Williams requesting the zoning ordinance text be amended to allow radio stations in a Downtown "D-3" zoning district.

 

Ms. Kirk declared a conflict of interest for this proposal, recused herself from the Planning Commission and left the room.

 

Mr. Emil Pierson presented the staff report outlining the major issues of the case, the findings of fact and the staff recomn1endation, a copy of which is filed with the minutes. Mr. Pierson stated that, if approved, the radio stations will be a permitted use because they can meet the requirements of the Downtown "D-3" zoning district in new or existing buildings, they can be corr1patible with residential uses and they have different broadcast studios and communication equipment needs than TV stations, which can be substantially screened from view. Staff's reasoning for not using the conditional use process for radio stations is that the conditional use process has 12 different findings that must be met. In the case of radio stations there is only one concern: can the radio antennae be screened from view. Mr. Pierson then stated that a qualifying provision could be added stating:

"That the antenna be screened or integrated into the project and be subject to the approval of the Zoning Administrator."

 

Ms. Barrows stated that she would be more comfortable if radio stations were a conditional use because of the review process which would give staff and the Planning Commission more control to see that the antennae are screened.

 

Mr. Pierson stated that the Zoning Ordinance addresses satellite dish antennae within non-residential districts. It states that satellite dish antennae mounted on a roof, wall or ground are permitted. However, a roof top antennae must be screened from view and a ground mounted antennae shall be located in the rear yard or behind the building.

 

Mr. Jeff Gochnour, representing 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. Upon receiving no response, he closed the hearing to the public and opened it for Planning Commission discussion.

 

Motion for Petition No. 400-98-21:

Mr. McRea moved, based on the findings of fact, to forward a favorable recommendation to the City Council for Petition No. 400-98-21 to amend the zoning ordinance text to allow radio stations in a Downtown "D-3" zoning district as a permitted use. Mr. Steed seconded the motion. Mr. lker, Mr. McRea, Mr. Fife, Ms. Barrows and Mr. Steed voted "Aye". Ms. Kirk was recused. Ms. Funk, Ms. Short and Mr. Mariger were not present. Mr. Smith, as Chair, did not vote. The motion passed.

 

Ms. Kirk returned to the meeting.

 

PUBLIC HEARING -Petition No. 400-98-22 by Artspace requesting the zoning map be amended from a Commercial "CG" to a Downtown "D-3" zoning district for the property located at the southwest corner of 500 West and 200 South.

 

Mr. Smith declared a conflict of interest for this proposal, recused himself from the Planning Commission and left the room. Mr. McRea assumed the chair for this portion of the meeting.

 

Mr. Doug Dansie 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. Dansie stated that Mr. John Lance, from Travelers Aid, was present but had to leave. Mr. Lance wanted to state for the record that Travels Aid supports the project. Due to the fact that Travelers Aid has provided their support to the project, the condition listed with the staff recommendation is no longer relevant.

 

Mr. Dansie then stated that a letter has been submitted by Mr. Richard Thomas, Thomas Electric Company, in which he had stated some concerns (a copy of the letter is filed with the minutes). Mr. Dansie has spoken with Mr. Thomas and has resolved his concerns.

 

Mr. Stephen Goldsmith, the petitioner, was present for this portion of the meeting and stated that he was in agreement with the staff recommendations.

 

Mr. McRea 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. 400-98-22:

 

Ms. Barrows moved, based on the findings of fact, to forward a favorable recommendation to the City Council for Petition No. 400-98-22 requesting the zoning map be amended from a Commercial "CG" to a Downtown "D-3" zoning district for the property located at the southwest corner of 500 West and 200 South. Ms. Kirk seconded the motion. Mr. lker, Mr. Fife, Ms. Barrows, Mr. Steed and Ms. Kirk voted "Aye". Mr. Smith was recused. Ms. Funk, Ms. Short and Mr. Mariger were not present. Mr. McRea, acting as Chair, did not vote. The motion passed.

Mr. Smith returned to the meeting as chair.

 

PUBLIC HEARING -by Nancy Saxton and Jan Bartlett requesting approval to include the James Freeze house at 734 East 200 South on the Salt Lake City Register of Cultural Resources.

 

Ms. Elizabeth Giraud 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. Nancy Saxton, 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. Upon receiving no response, he closed the hearing to the public and opened it for Planning Commission discussion.

 

Motion for Case No. 009-98:

Mr. Kirk moved, based on the findings of fact, to forward a favorable recommendation to the City Council for Case No. 009-98 to include the James Freeze house at 734 East 200 South on the Salt Lake City Register of Cultural Resources. Mr. Steed seconded the motion. Mr. lker, Mr. Fife, Ms. Barrows, Mr. Steed, Mr. McRea and Ms. Kirk voted "Aye". Ms. Funk, Ms. Short and Mr. Mariger were not present. Mr. Smith, as Chair, did not vote. The motion passed.

 

PLANNING ISSUES

Staff briefing and discussion of the Model Drinking Water Source Protection Ordinance

 

Mr. Craig Hinckley led the discussion by stating that at the Planning Commission meeting on February 19, 1998, a presentation was made by Ms. Florence Reynolds, Water Quality Administrator for the Salt Lake City Public Utilities Department, relating to a proposed Drinking Water Source Protection Ordinance. In the discussion, the Planning Comrr1ission raised several issues that needed to be addressed prior to scheduling a public hearing on the issue and suggested that the ordinance be reviewed again at a later date. The primary concerns of the Planning Commission were the proposal to create a new category of conditional uses which the Planning Commission may not have the expertise to properly evaluate; and the proposed ordinance did not adequately address residential use of potential contaminants.

 

Mr. Hinckley continued by stating that the proposed Model Drinking Water Source Protection Ordinance (a copy of which is ·filed with the minutes) has been amended to address the Planning Commission's first concern by establishing an administrative review and approval process wherein restricted uses are referred to the Salt Lake City Public Utilities Department and Salt Lake City/County Health Department for review and comments prior to issuing an operating permit. The Planning Commission's second concern is currently being addressed, and will continue to be addressed, through public education and outreach programs designed to inform the public of proper use and disposal of products which may be potential contaminants.

 

Ms. Florence Reynolds, Water Quality Administrator for the Salt Lake City Public Utilities Department and Mr. Randy Williams, representing the Salt Lake City/County Health Department were present for this portion of the meeting to review the amended ordinance with the Planning Commission and to answer questions.

 

After a brief discussion, the Planning Commission members informed staff to schedule a public hearing on an upcoming Planning Commission agenda to discuss the proposed Model Drinking Water Source Protection Ordinance.

 

OTHER BUSINESS

There being no further business, the meeting adjourned at 7:30 p.m.