SALT LAKE CITY PLANNING COMMISSION
451 South State Street, Room 126
Present from the Planning Commission were Chairperson Kimball Young, Max Smith, Judi Short, Gilbert lker, Carlton Christensen, Andrea Barrows and Jim McRea. Diana Kirk, Aria Funk, Fred Fife and Craig Mariger were excused. Present from the Planning Staff were Planning Director William T. Wright, Brent Wilde, Lisa Miller, Doug Wheelwright, Robert Glessner and Margaret Pahl.
A roll is being kept of all who attended the Planning Commission meeting. The meeting was called to order at 5:00 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. lker moved to approve the minutes of Thursday, August 7, 1997 subject to making the minor corrections that were discussed. Mr. Smith seconded the motion. Mr. lker, Mr. Smith, Ms. Short, Mr. Christensen, Mr. McRea and Ms. Barrows voted "Aye". Ms. Kirk, Mr. Fife, Ms. Funk and Mr. Mariger were not present. Mr. Young, as Chair, did not vote. The motion passed.
PETITIONS
PUBLIC HEARING - Petition No. 400-97-52 requesting an amendment to the Zoning Ordinance in Tables 21A.24.190. 21A.26.130 and 21A.30.150 to permit parks. Community recreation centers and churches up to a maximum of four acres in Commercial. Downtown and Residential zoning districts.
Mr. Robert Glessner 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. Barrows stated that previously in the Commercial zoning districts, parks were not permitted. Now, instead of going to a conditional use process, parks are going straight to a permitted use process. Ms. Barrows asked if it would be better to go to a conditional use process so that there would be some control like there is in the Residential zoning districts.
Mr. Wright stated that in a Residential district there are usually issues that would need to be reviewed before a park is approved, such as the amount of traffic generated to the site and parking. Traffic and parking issues related to a park would not be a major concern in a commercial location because the commercial use would usually generate much more traffic then a park. Also, there is a goal to have some residential uses located in new mixed-use commercial areas, a park would be a good way to support that mixed-use.
Mr. lker stated that the word "park", in the new language, would make the uses restrictive due to the criteria. Mr. lker then suggested that instead of just allowing parks, maybe the language should read "parks and/or open space".
Mr. Christensen stated that he likes the idea of having parks in a commercial area, however, he is concerned that the parks may create a transient problem.
Mr. Wilde stated that there are two other categories included in the Land Use Tables. The categories are "Natural open space and conservation areas" and "Pedestrian pathways, trails and greenways". These two categories are allowed in Residential districts and they could also be allowed in the Commercial and Downtown districts. Mr. Wilde also stated that "squares and plazas" could be added to the new language.
Mr. Young 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. 400-97-52:
Mr. Smith moved, based upon the findings of fact, to forward a recommendation of approval to the City Council for Petition No. 400-97-52 (requesting an amendment to the Zoning Ordinance in Tables 21A.24.190, 21A.26.130 and 21A.30.150 to permit parks, community recreation centers and churches up to a maximum of four acres in Commercial, Downtown and Residential zoning districts) subject to the criteria for amendments to the Zoning Ordinance be met and that the following categories be included in the new language:
1. Natural open space and conservation areas
2. Pedestrian pathways, trails and greenways
3. Squares and plazas
Ms. Short seconded the motion. Mr. lker, Mr. Smith, Ms. Short, Mr. Christensen, Mr. McRea and Ms. Barrows voted "Aye". Ms. Kirk, Mr. Fife, Ms. Funk and Mr. Mariger were not present. Mr. Young, as Chair, did not vote. The motion passed.
PUBLIC HEARING - Petition No. 410-273 by St. John's Evangelical Lutheran Church requesting conditional use approval to operate a child day care for 26 children located at 1024 South 500 East in a Residential "R-1-5000" zoning district.
Mr. Young noted that Petition No. 410-273 has been canceled.
PUBLIC HEARING - Request by J & D Properties for approval of the Warm Springs Condominium conversion application for a 23 unit apartment building located at 778 North 300 West in a Residential "RMF-35" 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. Barrows mentioned that the Deputy Transportation Engineer has noted that the existing driveway is too narrow for two way service and has recommended that it be upgraded to current standards. Ms. Barrows then noted that if the driveway were to be upgraded, and if the required landscaping and pedestrian access were installed, this could result in taking away some parking stalls. She then asked that if some parking stalls were taken away, would the project still meet the minimum parking requirement.
Ms. Pahl stated that if some stalls were lost, the minimum parking stall requirement would still be met, however, the owners may have a need for the stalls and may not want to lose them.
Mr. Christensen stated that he had some concern that there is not adequate drainage in the parking area.
Mr. Dee Apgood, Mr. Jay Apgood and Ms. Sherrie Steed, representing the applicant, were present for this portion of the meeting and stated that they were in agreement with the staff recommendations, however, they did discuss the option of doing the project in two different phases.
Mr. Christensen stated that if the project were to be done in phases, there may be some confusion between the rental side and the condominium side in relation to parking.
Mr. Wheelwright suggested that a better option would be to do the condominium conversion in one complete plat and then phase the selling of the units.
Mr. Young opened the hearing to the public and asked if anyone wished to address the Planning Commission.
Mr. Jack Carr, a resident in the area, stated that he is in favor of the project. He then stated that he would like the Planning Commission to consider moving the garbage dumpster from its current location because it abuts his rear yard and there are transients that go through the garbage on a regular basis.
Upon receiving no further requests to address the Planning Commission, Mr. Young closed the hearing to the public and opened it for Planning Commission discussion.
In response to Mr. Carr's concern about the garbage dumpster, Mr. Wright stated that staff would need to go through a more detailed analysis to find some options of where the dumpster could be located.
Motion for the Warm Springs Condominium conversion:
Mr. Smith moved, based upon the finding of fact, to forward a recommendation of approval to the City Council for the Warm Springs Condominium conversion subject to compliance with the departmental requirements and that the Planning Director review the placement of the dumpster, the landscaping and the site drainage. Mr. Christensen seconded the motion. Mr. lker, Mr. Smith, Ms. Short, Mr. Christensen and Mr. McRea voted "Aye". Ms. Barrows voted "Nay". Ms. Kirk, Mr. Fife, Ms. Funk and Mr. Mariger were not present. Mr. Young, as Chair, did not vote. The motion passed.
PUBLIC HEARING - Petition No. 410-275 by Wally Cooper requesting a conditional use to allow a non-residential use (professional offices) of the former L.D.S. Ward Building located at 700 North 200 West in a Residentiai"SR-1" zoning district.
Ms. Lisa Miller 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. lker asked what is meant by the following condition that is mentioned in the staff recommendation:
5. That the applicant is required to carefully select the tenant for the basement so as not to create a parking burden on the surrounding residential neighborhood.
Mr. Wilde stated that staff was looking for a way to address the fact that the parking requirement is not up to code. If there is ever a complaint or a determination that the parking is not being managed and it is becoming a burden on the neighborhood, the Planning Commission could recall and reconsider this conditional use approval.
Mr. Wally Cooper, the petitioner, was present for this portion of the meeting and stated that he was in agreement with the staff recommendations. He then stated that he is very sensitive to the parking issue and is willing to discuss options that will create the least amount of burden to the neighborhood. As the landlord of the building, Mr. Cooper will solve any problems as they occur.
Mr. Young opened the hearing to the public and asked if anyone wished to address the Planning Commission.
Ms. Becky Sanchez, a resident in the area, stated that she is in favor of the project as presented and recommends the Planning Commission approve the proposal.
Mr. Randy Dixon, a resident in the area, stated that he is in favor of the project. He feels that Mr. Cooper will do a great job in restoring the building and that Mr. Cooper has chosen a good adaptive reuse of the building. Mr. Dixon feels that the proposed reuse for professional offices will generate less traffic then the daycare that used to be at this location.
Upon receiving no further requests to address the Planning Commission, Mr. Young closed the hearing to the public and opened it for Planning Commission discussion.
Mr. Christensen asked if the Planning Commission could restrict the type of uses that can be placed in the lower level of the building that would have a low traffic impact.
Mr. Wright stated that conditional uses already have a limited scope to the types of businesses that can be used.
Motion for Petition No. 410-275:
Mr. lker moved, based upon the findings of fact, to approve Petition No. 410-275, requesting a conditional use to allow a non-residential use (professional offices) of the former L.D.S. Ward Building located at 700 North 200 West, subject to:
1. A preservation easement in favor of Salt Lake City be placed on the Landmark Site.
2. Compliance with Salt Lake City Zoning Ordinance requirements and standard
departmental requirements.
3. A final parking plan be approved by the Planning Director.
4. A final landscaping plan be approved by the Planning Director.
5. That the applicant will understand if parking becomes a burden on the surrounding residential neighborhood the conditional use is subject to recall and reconsideration by the Planning Commission.
6. That the City Council approve the listing of the building on the Salt Lake City Historic Register.
Mr. Christensen seconded the motion. Mr. lker, Mr. Smith, Ms. Short, Mr. Christensen, Mr. McRea and Ms. Barrows voted "Aye". Ms. Kirk, Mr. Fife, Ms. Funk and Mr. Mariger were not present. Mr. Young, as Chair, did not vote. The motion passed.
PUBLIC HEARING - Receive public comment on a proposed new Chapter 21A.56 of the Zoning Ordinance: Condominium Approvals.
Ms. Pahl presented the staff report and introduced the draft "Condominium Approval Procedure" ordinance to the Planning Commission, a copy of which is filed with the minutes.
Mr. Wright stated that when the Zoning Rewrite was done in 1995, the Condominium Approval chapter was not rewritten because there was not a large demand for it and the consultants were not familiar with the condominium approval issues in Utah. Planning Staff now has a need to rewrite this chapter because there has been a shift in the market for the conversion of existing apartment buildings, and the development of new condominiums. Mr. Wright continued by stating that when the original ordinance was drafted, there was a great fear in the community that there would be a huge conversion of apartment buildings to condominiums that would displace the low income housing available in the community. Therefore, the ordinance was written to make it very difficult for someone to meet all of the criteria.
Discussion followed between the Planning Staff and the Planning Commission in relation to the draft "Condominium Approval Procedure" ordinance. The following issues were discussed:
1. Similarity between the current review and approval process for subdivisions and the proposed new condominium process.
2. Building code requirements for a converted condominium as opposed to a new construction condorr1inium.
3. The role of the Building Official.
4. Homeowner's Association requirements in relation to the percentage of owner occupied units as opposed to rental units.
5. Filing fees.
6. Protection for the buyers of the condominiums.
7. Notification given to apartment renters, by the owner, announcing a conversion to condominiums.
8. The role of the Planning Official.
Ms. Pahl stated that the Planning Commission could deterrr1ine a minimum improvement standard for condominium conversions as a way to protect buyers from an immediate capital in1provement project.
Mr. McRea stated that he would like to see some sort of database available that would supply some evidence of what kind of trends were developed in the past years. Having the database information would help project into the future the impact on the housing rental market.
Motion for the draft "Condominium Approval Procedure" ordinance:
Mr. Smith moved to forward a recommendation of approval to the City Council for the proposed new Chapter 21A.56 of the Zoning Ordinance "Condominium Approvals" subject to the following amendments:
1. That there be a longer notification time frame for residents in a condominium conversion proposal.
2. That staff make an annual report to the Planning Commission.
3. The Homeowner's Association be made aware that they may limit the percent of units that can be renter occupied.
4. Anything that is identified in the property report, as needing to be replaced, be accomplished before final approval.
5. That the amendments be incorporated into the ordinance with the Planning Director having final approval.
Ms. Short seconded the motion. Mr. lker, Mr. Smith, Ms. Short, Mr. Christensen, Mr. McRea and Ms. Barrows voted "Aye". Ms. Kirk, Mr. Fife, Ms. Funk and Mr. Mariger were not present.
Mr. Young, as Chair, did not vote. The motion passed.
OTHER BUSINESS
Request from Westminster College for a one year extension of time on Conditional Use No. 410-188. for construction of a parking structure in the existing lot on the northwest corner of the Westminster College campus in an Institutional "IN zoning district.
Mr. Wright stated that Mr. Stephen Morgan, Executive Vice President for Westminster College, has submitted a letter requesting a one year extension of time, a copy of the letter is filed with the minutes. Mr. Wright then stated that Westminster College has begun their design work and will not be prepared to take out a building permit within the one year time frame that was established with the approval by the Planning Commission. Mr. Wright continued by stating that the college has indicated that there may be a request for a design change. Staff will determine whether or not the change is substantial and if it would need to come back to the Planning Commission for another hearing process.
Mr. Stephen Morgan was present for this portion of the meeting. Mr. Morgan stated that he feels that the design changes will not be substantial enough to require another hearing before the Planning Commission.
Motion for Westminster College's one year extension of time (Conditional Use No. 410-188): Mr. lker moved to grant the one year extension of time on Conditional Use No. 410-188, for construction of a parking structure in the existing lot on the northwest corner of the Westminster College campus in an Institutional "I" zoning district. Mr. lker further moved to delegate final approval of the design changes to the Planning Director unless he feels there
is a significant change that would need to be brought back to the Planning Commission. Mr. McRea seconded the motion. Mr. McRea seconded the motion. Mr. lker, Mr. Smith, Ms. Short, Mr. Christensen, Mr. McRea and Ms. Barrows voted "Aye". Ms. Kirk, Mr. Fife, Ms. Funk and Mr. Mariger were not present. Mr. Young, as Chair, did not vote. The motion passed.
Request from Wasatch Co-Housing for a one year extension of time on Conditional Use No. 410-233. a 25 unit residential planned development to be located at approximately 1400 South Utah Street in a Residential "SR-3" zoning district.
Mr. Wright stated that Wasatch Co-Housing has submitted a request for a one year extension of time. Their request is due to a combination of getting the project designed and waiting to close on their construction loan before they can proceed with the building permit.
Motion for Wasatch Co-Housing's one year extension of time (Conditional Use No. 41 0-233):
Ms. Short moved to grant the one year extension of time on Conditional Use No. 410-233 for a 25 unit residential planned development to be located at approximately 1400 South Utah Street in a Residential "SR-3" zoning district. Mr. Christensen seconded the motion. Mr. lker, Mr. Smith, Ms. Short, Mr. Christensen, Mr. McRea and Ms. Barrows voted "Aye". Ms. Kirk, Mr. Fife, Ms. Funk and Mr. Mariger were not present. Mr. Young, as Chair, did not vote. The motion passed.
There being no further business, the meeting adjourned at 7:50 p.m.