SALT LAKE CITY PLANNING COMMISSION MEETING
In Room 326 of the City & County Building
451 South State Street, Salt Lake City, Utah
Present from the Planning Commission were Chair Prescott Muir, Vice-Chair, Tim Chambless, Bip Daniels, Babs Delay, John Diamond, Craig Galli, Peggy McDonough and Kathy Scott. Jeff Jonas, Laurie Noda and Jennifer Seelig were excused.
Present from the Planning Staff were Planning Director Louis Zunguze; Deputy Planning Director Brent Wilde, Deputy Planning Director Doug Wheelwright; Principal Planner Doug Dansie, Principal Planner Everett Joyce, Principal Planner Ray McCandless; Planning Commission Secretary Kathy Castro; and Deputy City Attorney Lynn Pace.
A roll is being kept of all who attended the Planning Commission Meeting. Chair Muir called the meeting to order at 5:52 p.m. Minutes are presented in agenda order and 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 from Wednesday, November 12, 2003
The Planning Commission made revisions to the minutes. Those revisions as stated are reflected in the November 12, 2003 ratified minutes.
Commissioner Daniels made a motion to approve the minutes as corrected. Commissioner Diamond seconded the motion.
Commissioner Chambless, Commissioner Daniels, Commissioner Delay, Commissioner Diamond, Commissioner Galli, Commissioner McDonough, and Commissioner Scott voted “Aye”. Prescott Muir as Chair did not vote. All voted in favor, and therefore the motion passed.
Approval of minutes from Wednesday, November 19, 2003
The Planning Commission made revisions to the minutes. Those revisions as stated are reflected in the November 19, 2003 ratified minutes.
Commissioner Daniels made a motion to approve the minutes as corrected. Commissioner McDonough seconded the motion.
Commissioner Chambless, Commissioner Daniels, Commissioner Delay, Commissioner Diamond, Commissioner Galli, Commissioner McDonough, and Commissioner Scott voted “Aye”. Prescott Muir as Chair did not vote. All voted in favor, and therefore the motion passed.
REPORT OF THE DIRECTOR
This item was heard at 6:21 p.m.
Mr. Zunguze referred to the petition initiated by the Planning Commission to study the possibility of establishing a Riparian Overlay District over the stream corridors. He asked Mr. Brad Stewart, Public Utilities Engineer, to give an overview of streams and watersheds in the City and identify gaps within the existing ordinances with respect to stream corridors, which may be filled by the said petition.
Mr. Brad Stewart, Public Utilities Engineer, addressed the Commission. He referred to a map of the Salt Lake Valley and described the flood zones, wetlands and stream corridors within the Salt Lake Valley.
Mr. Zunguze referred to the City Council briefing regarding the definitions of department stores. He said that two issues emerged during the briefing which where, one, the City Council was concerned that the review process of the projects associated with this petition be streamlined. The City Council was pleased with the Staff recommendation to do so. The City Council asked how Staff proposes to streamline such projects. Staff shared a clear set of general guidelines for developers and specific guidelines for Gateway projects, which would be particularly sensitive to the design requirements of that area. The second issue that arose during the briefing was the concern which various consultants have brought up which is the perception that Salt Lake City has an overcapacity in the retail market. Staff was asked the question whether there is something that can be done to address that perception from a zoning standpoint. Mr. Zunguze stated that the concern is very complicated and Staff is studying the issue to verify the validity of that perception. He reminded the planning Commission that there will be a second petition to review all other areas of the City with respect to department stores in which Staff might find opportunities to address the issue. The more critical element is that there is a need to address the housing in the Downtown area. He said that there will be ongoing dialogue regarding these issues.
Commissioner De Lay referred to consultants perception that Salt Lake City has an over capacity of retail and asked Mr. Zunguze if the City Council’s intent, when reviewing the amount of retail in other areas of the City is to limit a certain amount of retail. Mr. Zunguze answered that the consultants were alluding to the idea that there is more square footage towards retail than can be supported by the market. Mr. Zunguze felt that there is no balance between retail and residential uses in the Downtown area to determine that. The City Council’s intent is unclear at this time; however, there is some sentiment among some to look at establishing a square footage cap on retail.
CONSENT AGENDA – Salt Lake City Property Conveyance Matters:
a. UDOT/Salt Lake County and the Salt Lake City Public Utilities Department – Salt Lake County is requesting that Public Utilities and UDOT exchange property to facilitate the relocation of a water regulator station, currently located within the intersection of 2000 East Street and Bengal Boulevard (7695 South) in un-incorporated Salt Lake County.
Chair Muir called for the question.
Commissioner Chambless, Commissioner Daniels, Commissioner Delay, Commissioner Diamond, Commissioner Galli, Commissioner McDonough, and Commissioner Scott voted “Aye”. Prescott Muir as Chair did not vote. All voted in favor, and therefore the request passed.
b. Questar Gas Company and the Salt Lake City Public Utilities Department Questar Gas is requesting a standard utility permit to install gas lines to Camp Kostopulos, which is City Public Utilities owned property, located at 2500 East Emigration Canyon Road, in un-incorporated Salt Lake County.
Chair Muir called for the question.
Commissioner Chambless, Commissioner Daniels, Commissioner Delay, Commissioner Diamond, Commissioner Galli, Commissioner McDonough, and Commissioner Scott voted “Aye”. Prescott Muir as Chair did not vote. All voted in favor, and therefore the request passed.
c. Brandywine Apartments by Zane Morris and the Salt Lake City Public Utilities – Brandywine/Morris is requesting an amendment to an existing lease of Public Utilities owned property for access bridges and recreational uses involving the Jordan and Salt Lake canal at 9600 South Monroe Street (250 West) in Sandy City, Utah.
Chair Muir called for the question.
Commissioner Chambless, Commissioner Daniels, Commissioner Delay, Commissioner Diamond, Commissioner Galli, Commissioner McDonough, and Commissioner Scott voted “Aye”. Prescott Muir as Chair did not vote. All voted in favor, and therefore the request passed.
d. Zions Securities/Promise Valley Playhouse and City Property Management – Zions Securities is requesting a lease agreement to allow existing and new building design elements (overhanging eaves) to continue to project into the public way sidewalk area on State Street and Orpheum Avenue, for the façade retaining office/parking lot structure located at 132 South State Street in the Downtown “D-1” zoning district.
Chair Muir called for the question.
Commissioner Chambless, Commissioner Daniels, Commissioner Delay, Commissioner Diamond, Commissioner Galli, Commissioner McDonough, and Commissioner Scott voted “Aye”. Prescott Muir as Chair did not vote. All voted in favor, and therefore the request passed.
e. Review of proposed revegetation requirement language, to be used by the Salt Lake City Public Utilities Department in new standard utility permits – see attached memo from Jeff Niermeyer.
Chair Muir called for the question.
Commissioner Chambless, Commissioner Daniels, Commissioner Delay, Commissioner Diamond, Commissioner Galli, Commissioner McDonough, and Commissioner Scott voted “Aye”. Prescott Muir as Chair did not vote. All voted in favor, and therefore the request passed.
PUBLIC HEARINGS
Petition No. 400-03-04, by Mr. James Moyle, requesting an amendment of the Salt Lake City Zoning Ordinance, Section 21A.28.040, Table of Permitted and Conditional Uses for Manufacturing Districts to reduce the minimum lot size required for an on-site caretaker or security guard residence from 4 acres to 2 acres in the Light Manufacturing “M-1” Zoning District.
This hearing began at 6:07 p.m.
Principal Planner Ray McCandless presented the petition as written in the staff report. He stated that Mr. James Moyle is proposing to construct a storage unit complex with an on-site caretaker residence on a 2.2 acre piece of property located at 1535 North Beck Street sometime in the near future. The property is zoned “M-1” (Light Manufacturing) which presently does not allow an on-site caretaker or security residence on property less than 4 acres in size. Mr. Moyle is requesting to amend the zoning ordinance to reduce the minimum lot size required for a caretaker residence from 4-acres to 2-acres in the “M-1” zoning district to accommodate his proposed use. Mr. McCandless referred to the current zoning ordinance standard and said that it was likely implemented as to prevent this provision from being used to allow residential dwellings in the manufacturing districts. Staff agrees with the Applicant that the 4-acre standard is excessive, particularly since the minimum lot size of both the “M-1” and “M-2” zoning districts is 20,000 square feet. In light of the comments, analysis and findings of fact noted in the staff report, Staff is recommending that Section 21A.28.040, Table of Permitted and Conditional Uses for Manufacturing Districts, of the Zoning Ordinance be amended to read ”the living quarters for caretaker or security guard, limited to uses on lots 1-acre in size or larger and is accessory to a principal use allowed by the zoning district”. Staff is further recommending that the caretaker or security guard use be changed from a permitted to conditional use to ensure that the Planning Commission reviews the compatibility of future caretaker and security guard residences in the “M-1” and “M-2” zones.
Mr. James Moyle, the Applicant who resides at 1077 East Hillside Drive in Provo, Utah, addressed the Commission. He said that his family has owned the property for 30 years and has had several disturbances associated with the property such as: squatters, people dumping garbage on their property, trespassing and other issues. Mr. Moyle stated that a storage facility is a good solution; however, he is not willing to move forward with the project if there is no option for security of the area.
Mr. McCandless added that if this text amendment is approved by the City Council, the next step for Mr. Moyle would be to present his conditional use proposal to the Planning Commission.
Chair Muir asked if there is a procedural way to couple the conditional use and the text amendment. Mr. McCandless answered that Staff needed more detailed site plans to process the two proposals simultaneously. As detailed site plans have not been provided, Staff did not feel that it would be appropriate to process the conditional use and text amendment together.
Chair Muir opened the public hearing.
No one was forthcoming.
Chair Muir closed the public hearing.
The Applicant declined the opportunity to add information to his proposal.
Commissioner De Lay commented that this is an outdated rule that should be amended.
Motion
Commissioner De Lay made a motion based on the analysis and findings of fact as listed in the staff report and discussion this evening to amend Section 21A.28.040, Table of Permitted and Conditional Uses for Manufacturing Districts of the Zoning Ordinance as follows: “Living quarters for caretaker or security guard, limited to uses on lots 1-acre in size or larger and is accessory to a principal use allowed by the zoning district as conditional use in the “M-1” and “M-2” zoning districts.”
Commissioner Daniels seconded the motion.
Commissioner Chambless, Commissioner Daniels, Commissioner Delay, Commissioner Diamond, Commissioner Galli, Commissioner McDonough, and Commissioner Scott voted “Aye”. Prescott Muir as Chair did not vote. All voted in favor, and therefore the motion passed.
Petition No. 410-652, by B & A Development for a Planned Development to construct a hotel, located at 230 West 600 South Street, in a Downtown D-2 Zoning District. The petitioner is asking to build a hotel which requires a conditional use for increased height, adjustment of landscaping requirements and to provide cross easements for a second phase restaurant. The height limit in the D-2 zoning district is 65 feet, but is allowed to increase up to 120 feet through the conditional use process. The petitioner is requesting 76 feet in height for an uninhabitable portion of the building. The proposed landscaping exceeds requirements, but within a different configuration than specified by code.
This hearing began at 6:45 p.m.
Principal Planner Doug Dansie presented the petition as written in the staff report. He described the landscape modifications and said that the Applicant is requesting the modifications to accommodate the parking layout. Mr. Dansie described the site plan and said that this project has received support from the community council. Based upon the findings of fact as listed in the staff report, Staff is recommending that the Planning Commission approve a conditional use request for increased height and a planned development for modified landscaped buffers for the proposed hotel project to be constructed at 230 West 600 South.
Commissioner Chambless clarified that the parking plan is surface parking.
Chair Muir referred to the placement of other hotels within the City and asked why the proposed structure is not adjacent to the sidewalk. Mr. Dansie answered that due to the location of the site, which is not in the heart of Downtown, this proposal is more of a highway oriented project.
Commissioner Scott asked Mr. Dansie what the parking stall to room ratio is for hotels. She was concerned that there is excessive parking for the project. She asked Mr. Dansie if the area of egress onto 300 West, which is also designated for parking, is necessary or could that area be used for ingress as well. Mr. Dansie answered that there is not a requirement in the zoning ordinance that limits the amount of parking stalls. He added that if the restaurant and hotel were split, then they could stand alone with respect to the parking requirements.
Mr. Russell Coburn, the Architect for the project who resides at 10200 Emerald Street, Boise, Idaho, addressed the Commission. He clarified that this project is proposed to have 133 units and will most likely appeal to the business traveler. He added that they will not have ballrooms or large conference rooms in the hotel. Mr. Coburn referred to the excess parking to the west of the hotel and said that it is not a requirement for the development and the site was developed to accommodate the turning radius of emergency vehicles.
Chair Muir asked if it is common to design a planned development which has singular parcels that could be sold separately. Mr. Dansie answered that a typical planned development is a project with multiple buildings on a single parcel, if the minimum lot size is met and if the result provides a better product which meets the intent of the ordinance. He added that this site is currently one parcel.
Chair Muir opened the public hearing.
No one was forthcoming.
Chair Muir closed the public hearing.
The Applicant declined the opportunity to add information to his proposal.
Commissioner Diamond was concerned that the building has lost its personality by pushing it to the rear of the lot. He suggested that in the future this type of development go before a sub-committee before it is presented to the full Commission.
Chair Muir and Commissioner McDonough agreed with Commissioner Diamond.
Commissioner De Lay agreed with the Commissioner’s comments although she understood why this particular structure has been pushed to the rear of the lot due to the amount of traffic along 600 South. She added that perhaps in the future, this type of project should be discussed with a sub-committee.
Chair Muir stated that his main concern is the location of the restaurant. He asked Mr. Coburn if the Applicant would accept a condition to modify the site plan to locate the restaurant pad on the corner of the property in which the details of that would be worked out with the Planning Director. Mr. Coburn said that he could not answer that not having the opportunity to discuss it with the restaurateur. He said that the restaurant is an investment opportunity.
Commissioner Chambless referred to the type of clientele that this hotel will attract to and asked if they would be using their own vehicles to get to Salt Lake City. Mr. Coburn answered that they anticipate a large part of their clientele to be business professionals coming from Idaho and he expects that they will be driving their own vehicles.
Commissioner Daniels reiterated that this would be a better project if it was located closer to the thoroughfare and he suggested that the restaurant be reexamined as to its location. Mr. Coburn answered that that is something he will take back to his clients for discussion.
Mr. Zunguze said that there is opportunity with the restaurant coming back before the Commission in the future and he suggested that as part of the approval, the Commission could insert language that would refer to the site design.
Motion
Commissioner Scott made a motion based upon the analysis and findings of fact as listed in the staff report to approve the conditional use request for increased height and the planned development for modified landscaped buffers for a proposed hotel project to be constructed at 230 West 600 South, with conditions as outlined in the Division recommendations and that the pad site for the future restaurant be located on or approximate to the corner of 600 South 200 West.
Commissioner Daniels seconded the motion.
Mr. Pace stated that perhaps this hotel will be built before the restaurant pad is developed. He suggested a condition of approval that the restaurant pad site be located near the corner; however, if there is a material modification to the site plan, the reviewed plan should come back to the Planning Commission, but the Applicant shall proceed with the construction of the hotel.
Amended Motion
Commissioner Scott made a motion based upon the analysis and findings of fact as listed in the staff report to approve the conditional use request for increased height and the planned development for modified landscaped buffers for a proposed hotel project to be constructed at 230 West 600 South, with conditions as outlined in the Division recommendations and that the pad site for the future restaurant be located on or approximate to the corner of 600 South 200 West; however, if there is a material modification to the site plan, the reviewed plan shall come back to the Planning Commission, but the Applicant shall proceed with the construction of the hotel.
Commissioner Chambless, Commissioner Daniels, Commissioner Delay, Commissioner Diamond, Commissioner Galli, Commissioner McDonough, and Commissioner Scott voted “Aye”. Prescott Muir as Chair did not vote. All voted in favor, and therefore the motion passed.
Petition No. 410-168, by Gateway Academy, L.L.C. requesting to amend the original conditional use approval for a group home. The request is to increase the number of residents by four persons from 12 to 16. The existing group home at 2487 S 700 East was approved in 1995. The property is located within the RMF-30 Zoning District.
This hearing began at 7:16 p.m.
Principal Planner Everett Joyce presented the petition as written in the staff report. He referred to the original conditional use approval of 1995, and said that at that time the Applicant identified that they would limit the number of residents to 12. Mr. Joyce said that it was not a specific condition of approval; however, since the Applicant identified the amount of residents, Staff felt that this request should be an amendment to the original approval. The additional residents and staff for the group home will not require additional construction or parking. Mr. Joyce referred to the Sugar House Community Council letter of support as well as their concerns with the project. Mr. Joyce referred to a letter from a property owner who was opposed to the group home, and distributed the letter to the Commission. Based on the findings of fact of the original conditional use approval and the staff report presented this evening, Staff is recommending that the Planning Commission approve the conditional use amendment to increase the number of residents in an existing group home at 2874 South 700 East from 12 to 16. This approval should be subject to the conditions as listed in the staff report.
Commissioner Daniels referred to the staff report and asked Mr. Joyce if the residents of the group home are adults. Mr. Joyce answered that the current and additional residents are adolescents.
Commissioner Scott asked Mr. Joyce if there have been an unusual number of police calls to the address of the group home. Mr. Joyce clarified that when he spoke to the police, they said that they can not verify whether a call relates to a property because the police use an address as a point of reference even if the call is for the adjacent property or on the street in front of the address used. Mr. Joyce added that during the first five years of the group home operation, there was an average of 21 calls per year. In the last several years, the average has been 3 calls per year. The police have positively commented that situations are being reported by the operators of the group home rather than adjacent residents. He added that the officer on duty in the area was not aware that this address is a group home until Mr. Joyce spoke to him about it.
Ms. Karen Flynn addressed the Commission representing Gateway Academy, L.L.C. She described the structure and the history of the building. Ms. Flynn referred to the conditions of approval and stated that they have been complying with the conditions since the group home opened and they have no concerns with continuing to comply.
Chair Muir opened the public hearing.
Mr. Ray Pugsley, Vice Chair of the Sugar House Community Council, addressed the Commission in support of the group home. He said that there is a feeling of support from the adjacent property owners as well. Mr. Pugsley referred to the letter he submitted to the Commission and read the motion,” that the Sugar House Community Council approves the conditional use change, requested by Gateway Academy, to increase the number of residents from 12 to 16.” Trustees voted 17 in favor, 0 opposed with 3 abstentions.
Chair Muir closed the public hearing.
Motion
Commissioner De Lay made a motion based on the findings of fact of the original conditional use approval and of the staff report presented this evening, that the Planning Commission approve the conditional use amendment to increase the number of residents in an existing group home at 2874 South 700 East from 12 to 16. This approval is subject to the following conditions:
1. That the group home operator maintains a business license with the City and that at the time of annual license renewal, evidence of the following are provided:
a. Possession of a valid State license; and
b. A certification report identifying that group residents are not diagnosed with a substance abuse problem or are staying in the home as a result of a criminal offense;
2. That the residents abide by local curfew requirements;
3. That the group home be maintained as a single housekeeping unit; and
4. That a Community Advisory Board be maintained to benefit the group home as well as the community in monitoring the services provided by the group home.
Commissioner Daniels seconded the motion.
Commissioner Diamond encouraged the Applicant to provide additional landscaping to buffer the parking area of the property, which would be reviewed and approved by the Planning Director. Ms. Flynn replied that they plan to completely redesign the landscaping in the spring. She said that they would like the property to have a residential feel and they would welcome the additional condition.
Amended Motion
Commissioner De Lay made a motion based on the findings of fact of the original conditional use approval and of the staff report presented this evening, that the Planning Commission approve the conditional use amendment to increase the number of residents in an existing group home at 2874 South 700 East from 12 to 16. This approval is subject to the following conditions:
1. That the group home operator maintains a business license with the City and that at the time of annual license renewal evidence of the following are provided:
a. Possession of a valid State license; and
b. A certification report identifying that group residents are not diagnosed with a substance abuse problem or are staying in the home as a result of a criminal offense;
2. That the residents abide by local curfew requirements;
3. That the group home be maintained as a single housekeeping unit; and
4. That a Community Advisory Board be maintained to benefit the group home as well as the community in monitoring the services provided by the group home.
5. That additional landscaping will be provided by the Applicant, which will be reviewed and approved by the Planning Director.
Commissioner Daniels accepted the amendment.
Commissioner Chambless, Commissioner Daniels, Commissioner Delay, Commissioner Diamond, Commissioner Galli, Commissioner McDonough, and Commissioner Scott voted “Aye”. Prescott Muir as Chair did not vote. All voted in favor, and therefore the motion passed.
UNFINISHED BUSINESS
Commissioner Diamond worried that the Planning Commission sub-committee meetings change from month to month. He asked if Staff can provide a calendar for the year of the meeting dates for each sub-committee. Mr. Zunguze answered that each sub-committee will need to decide the best times to meet and Staff can go from there to prepare calendars.
There being no other unfinished business to discuss, the Planning Commission meeting adjourned at 7:34 p.m.