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 Chairperson Laurie Noda and Commissioners Tim Chambless, Babs De Lay, John Diamond, Robert Forbis, Prescott Muir, and Kathy Scott. Commissioner Craig Galli, Commissioner Peggy McDonough, and Commissioner Jennifer Seelig were excused.
Present from the Staff were Alexander Ikefuna, Planning Director; Doug Wheelwright, Deputy Planning Director; Sarah Carroll, Associate Planner; Marilynn Lewis, Principal Planner; Wayne Mills, Senior Planner; and Maggie Tow, Planning Commission Secretary. Present from the Mayor’s Office was Lisa Romney, Environmental Advisor to the Mayor and Orion Goff, Director of Building Services and Licensing.
A roll is kept of all who attended the Planning Commission Meeting. Chairperson Noda called the meeting to order at 5:47 p.m. Minutes are presented in agenda order and not necessarily as cases were heard by the Planning Commission. Audio recordings of Planning Commission meetings are retained in the Planning Office for an indefinite period of time.
A field trip was held prior to the meeting. Planning Commissioners present were Chairperson Laurie Noda, Tim Chambless, Kathy Scott, and Robert Forbis. Planning Division Staff present were Sarah Carroll, Marilynn Lewis, and Wayne Mills.
APPROVAL OF MINUTES FOR WEDNESDAY, November 30, 2005.
(This item was heard at 5:48 p.m.)
Chairperson Noda asked for a motion to approve the minutes of November 30, 2005.
Commissioner Muir asked that the following paragraph be changed to include his verbiage and that it be noted that he accepted Chairperson Noda’s clarification in the motion for Petition #400-04-52.
“Commissioner Muir stated concerns regarding the solutions presented. The support for future potential of the 500 West parkway is a major priority. It is an uncomfortable thought to forever preclude the option of the second station. If one station is approved with the option of allowing TRAX to build a second station without the WOW at 400 West, there will be a burdening cost to UTA to build another station.”
“Chairperson Noda made a clarification regarding the motion (accepted by Chairperson Muir), to include the recommendation of UTA and the City as the deciding bodies to determine when the second station is warranted.”
Therefore, Commissioner De Lay moved that the Planning Commission approve the minutes for November 30, 2005, with the noted corrections. Commissioner Chambless seconded the motion. Commissioner Chambless, Commissioner De Lay, Commissioner Diamond, Commissioner Forbis, Commissioner Muir, and Commissioner Scott voted “Aye”. As Chair, Chairperson Noda did not vote. Commissioners Galli, McDonough, and Seelig were excused. The motion passed.
REPORT OF THE CHAIR AND VICE CHAIR
(This item was heard at 5:48 p.m.)
No report for this meeting.
REPORT OF THE PLANNING DIRECTOR
(This item was heard at 5:49 p.m.)
Mr. Ikefuna confirmed the cancellation of the Planning Commission Retreat and suggested a Holiday Luncheon to be held before the end of the year.
Mr. Ikefuna addressed concern over the gag order relating to the Research Park. As progress has been made, it is requested that the Planning Commission lift the gag order and reconsider the position of the Commission.
Commissioner Chambless, Commissioner De Lay and Commissioner Diamond carried a discussion leading to a request for more information regarding the subcommittee meetings. The third meeting with respective members is scheduled for January 23, 2006.
Mr. Ikefuna stated that submissions for conditional uses have not been presented to the planning division, but the development community has become alarmed. Due to the level of change the subcommittee may suggest, many community councils are becoming more involved with the subcommittee, while the mandate from the Planning Commission was to be centralized on the Research Park.
Commissioner Diamond suggested that the Management place an invitation-only process for those community councils directly affected by the area. Other parties interested in the Research Park may listen and observe, but the mandate to centralize on the effects the Research Park will remain.
Commissioner Chambless, as co-chair of the subcommittee, stated that short- and long-term solutions are being considered. The subcommittee is considered a vehicle for addressing transportation and long-term concerns of communities residing in the area. To remedy some of the long-term unresolved issues of transportation, the people of the community are working with this subcommittee to include members from the County, the State and Federal Government level to address the concerns of the area.
Chairperson Noda stated that a summary of the subcommittee meetings would further the knowledge of the Planning Commission, allowing consideration of appropriate action.
PUBLIC NOTICE AGENDA – Salt Lake City Property Conveyance Matters
(This item was heard at 5:57 p.m.)
No public notice items.
PUBLIC HEARINGS
Petition No. 410-765, by Kraig Lodge, requesting Conditional Use approval to convert “The Republican” to a private club. The property is located at 917 South State Street and is zoned Commercial Corridor (CC).
At 5:58 p.m., Chairperson Noda introduced Petition No. 410-765 and Marilynn Lewis, Principal Planner. Ms. Lewis stated this is a request by Mr. Kraig Lodge for conditional use approval to operate a “Private Club” in the CC (Commercial Corridor) Zoning District. The applicant wishes to utilize the 3,375 square feet of space within an existing building located at 917 South State Street for a private club. The applicant currently operates a licensed tavern at this location. The proposed change of license from a tavern to a private club is not an intensification of use of the site because no additions are proposed and the parking requirement for each of these uses is 6 stalls per 1,000 square feet.
The location of the proposed private club is approximately 800 feet from the Sacred Heart Catholic Church. The Zoning Ordinance allows private clubs in the Commercial Corridor Zoning District through the Conditional Use Process. Salt Lake City Code Section 6.08.120 B states Class B or C nonprofit clubs can not be licensed closer than 600 feet to a place of worship, 600 feet (pedestrian route, from door to door) of a public library, or within 200 feet (on the straight line measurement) of a public library. The subject property is located more than 800 feet from the nearest church (Sacred Heart Catholic Church at 174 East 900 South Street), and is not located near any schools or public libraries.
The Planning Commission must make a determination on whether or not the conditional use petition meets the criteria listed in the Zoning Ordinance. The Planning Commission’s decision will also be used as the Planning Division’s recommendation to the Liquor Hearing Board.
Based on the Findings of Fact, Staff recommends that the Planning Commission approve the Conditional Use request and make a positive recommendation for action by the Hearing Officer for Business Licensing. As a condition, the applicant is required to obtain the appropriate liquor license for a private club based on Salt Lake City Code Section 6.08.120 B.
Chairperson Noda asked if there were questions for Ms. Lewis. No response was heard. Chairperson Noda asked if the applicant wished to make a statement. He declined. Chairperson Noda opened the Public Hearing and asked if anyone present from the Community Councils or public that wished to speak. No response was heard. Chairperson Noda noted that she had one card and one letter from Dennis Downey in support of the applicant that would be read into the record. Seeing no one else wishing to speak, Chairperson Noda closed the Public Hearing and asked for a discussion and/or a motion.
Motion for Petition No. 410-765:
Commissioner De Lay moved that the Planning Commission approve Petition No. 410-756, based on the analysis and findings outlined in the staff report with the condition stating the applicant is required to obtain the appropriate liquor license for a private club based on Salt Lake City Code Section 6.08.120 B. Commissioner Scott seconded the motion. Commissioner Chambless, Commissioner De Lay, Commissioner Diamond, Commissioner Forbis, Commissioner Muir, Commissioner Scott, voted “Aye”. Commissioner Galli, Commissioner McDonough, and Commissioner Seelig were not present. As Chair, Chairperson Noda did not vote. The motion passed unanimously.
Petition No. 410-769, requested by the Islamic Society of Greater Salt Lake for Conditional Use approval for expansion of a Place of Worship. The property is located at 734 South 700 East Street and is zoned RMF-30. The applicant wants to utilize an existing residential structure to accommodate women’s prayer sessions and Sunday School. There is no demolition of residential structures associated with this petition.
At 6:01 p.m., Chairperson Noda introduced Petition No. 410-769 and Marilynn Lewis, Principal Planner. Ms. Lewis stated that the Islamic Society of Greater Salt Lake has requested a Conditional Use approval to expand their place of worship facilities to the existing single-family structure at 734 South 700 East Street. Since churches are a Conditional Use within the RMF-30 zoning district, the expansion of the religious facility must be approved by the Planning Commission. This expansion does not require the demolition of the existing residential structures; therefore, a Housing Loss Mitigation Report is not required with this petition.
The Islamic Society of Greater Salt Lake is currently using the structure at 740 South 700 East Street, and holds regular services there. The property at 734 South 700 East Street was purchased in order to further accommodate the needs of the congregation. The Islamic Society will utilize the new building for the women’s prayers and religious study, small meetings and Sunday School for children.
Currently, vehicular access to the subject site is from 700 East Street via a legally shared driveway with the single-family home to the north (732 South 700 East Street). There is also an existing driveway between the mosque (740 South 700 East Street) and the subject site with a fence along the southern property line. Once the fence is removed and a cross-access agreement executed, access to the subject site will be allowed from the south. Michael Kelly, a neighbor directly north of 734 South 700 East Street attended an Open House and had many concerns about the use of this site because they legally share a driveway.
The applicant is required to provide additional parking at the subject site and intends to install a gated fence along the northern property line to provide privacy for the adjacent home located to the north. The Islamic Society will retain their legal right of ingress/egress for the shared driveway. The applicant proposes that during peak prayer services the southern driveway would function as a one-way entrance and the northern driveway would be a one-way exit.
Based on the Findings of Fact listed in the staff report, Staff recommends that the Planning Commission approve the Conditional Use request for the mosque facility expansion. Staff further recommends the following conditions for this approval:
1. A new wooden privacy fence (and gate) proposed on the north side of the lot must meet the requirements of the zoning ordinance and the historic overlay district;
2. The applicant is required to provide a minimum 3 parking stalls, with 1 designated as a handicap accessible van space;
3. A wood privacy fence to buffer the adjacent property at 733 South Green Street, which is located to the rear yard of the subject property, due to potential impacts from the headlights of vehicles in the required rear parking stalls;
4. A cross-access and cross-drainage agreement will be required for vehicular ingress/egress from the mosque property at 740 South 700 East Street. Drainage must be included in this agreement if storm water run-off will be directed to the same site;
5. The applicant will need to work with Engineering (pre-inventory of the public way) to address hazards or damage in the public way adjacent to the site; and
6. The Islamic Society is not required to give up legal rights to use the shared driveway. However, use of the driveway by the entire congregation will greatly impact the other property owner. Therefore, the shared driveway can only be utilized by clergy and/or caretaker and for emergency purposes until such time as the use of the subject site reverts back to a private residence.
Chairperson Noda asked if there were questions for Ms. Lewis. Commissioner De Lay requested information on the process, if the owner violates conditions on a later date. Mr. Ikefuna explained that if the conditions are violated, the City will enforce the petition and the agreement. Complaints must be received by the City regarding any violations and if any verified complaints are not corrected by the applicant, there may be a revocation. Mr. Wheelwright stated that the City records an Abstract of Findings and Orders on the property parcels that indicate the conditions of approval. The deed is not affected by the conditions, but creates a public record of the decision.
Commissioner Chambless asked if there would be any signage on the house or lighting to be considered. The existing mosque next door has signage and lighting for the mosque, no signs or lighting will be added to the structure.
Ms. Lewis confirmed that services would be held seven days a week and the house would be occupied daily. Commissioner De Lay asked about the high pressure sodium light that was observed on the Planning Commission field trip. Ms. Lewis said the light was not on the mosque property.
Commissioner Diamond asked if this would be setting the property owner up to have a prescriptive easement crossing it on the north side of the north property, since there will be no way to drive across it, and it could be up ten years or more. Ms. Lewis stated there will be a gate on the fence, and there is still the potential for ingress/egress at that particular property line. She said the shared driveway is by deed on both properties. Unless one party makes an initiative to get rid of it or vacate the easement, it would stay.
Commissioner Chambless asked Ms. Lewis if the gate would be locked or unlocked. Ms. Lewis responded that it would be up to the property owner. For security purposes, Ms. Lewis thought they would keep the gate secured most of the time. In response to Commissioner Scott’s questions about parking spaces, Ms. Lewis said there will be three parking spaces behind the house.
Hearing no further questions, Chairperson Noda opened the Public Hearing.
The applicant, Mr. Maung Maung stated that he is the General Secretary of the Islamic Society of the Greater Salt Lake. Mr. Maung gave a brief history of the mosque, the purchase of the house, what services would be conducted with the men, women and children, and the days and times of prayer. He said there is a restriction on condition #6 that states only the clergy may use the driveway. He requested use of the driveway as an in and out access on Friday during their congregational prayer.
Commissioner Chambless addressed condition #6 for the evening hours and asked how early in the morning the first call to prayer would be. Mr. Maung stated first prayer is one hour and twenty minutes before sunrise. Mr. Maung stated that total number of members in the mosque at any one time would be 75-80 people.
Commissioner Scott asked about the parking stalls behind the mosque, stating there were now twelve. Ms. Lewis said parking stalls are based on the number of seats. Permit Division stated there will be three parking spaces, one for every five seats. Commissioner Scott stated that if the existing fence were ever removed, there would be a minimum of fifteen cars going down the little driveway on Fridays at meeting time. She indicated that in Michael Kelly’s letter it stated that there was daycare. Mr. Maung stated there was no daycare but they do have a Sunday School meeting on Sunday from 10:30 – 1:30 p.m. for the children. The children are not there in the evening or early morning. He stated there are 9-10 women for Friday prayer. The women will gather in the yellow house primarily on Friday. It will be empty most days.
Commissioner Scott asked about a caretaker. Mr. Maung replied that they do not have a caretaker and his people do the work at the mosque and house. He stated they will not be making any changes on the inside of the house except to fix the stairway as you walk in the front door.
Chairperson Noda asked if there were any Community Council Chairs that wished to speak. No response was heard. She asked if anyone from the public wished to speak to this petition.
Mr. Michael Kelly, owner and adjacent neighbor spoke in opposition to the petition. Pictures, taken by Mr. Kelly, of illegally parked cars have been made part of the record. He stated that the house property is not maintained well and he has been maintaining the fence to keep the children out of his yard. He said he has a large dog and if the children were in his yard they could be hurt and he would be liable. He said people are there all the time, up to 2:00 a.m. He referenced an addendum he had written. He did not distribute copies to the Planning Commission. Mr. Kelly said that in the summer one of the people from the church hit his gas meter, damaging the meter and releasing gas. He stated no one even told him about it and he had to repair it himself.
Commissioner De Lay asked Mr. Kelly about the light that is on the back of the church. Mr. Kelly said it is on late at night and sometimes all night long. Mr. Maung stated that the last person to leave the building turns the light off but sometimes forget. Mr. Maung stated that none of the congregation would hit the meter and leave. He stated that the congregation is aware that the driveway does not belong to them yet.
Cindy Cromer stated that she was in the Central City Historic District and is opposed to the petition. She referenced other homes that had been used for churches and businesses and was concerned that changes would be made to the house that would make it difficult to return it to a residence.
Ms. Lewis stated that because this is a conditional use, any changes made to the structure would have to come back to the Planning Commission and the applicant would be required to apply for a permit.
Mr. Roberts spoke in opposition to the petition, referencing Mr. Maung’s exception to condition #6. He said the gate would be open during peak hours of worship creating a circular driveway that is too narrow.
Seeing no one else wishing to speak, Chairperson Noda closed the Public Hearing and the Commission went into executive session.
Commissioner Scott expressed concern about a housing loss; stating houses seldom get returned to a residence once altered for use. She requested language be added that would restrict use of the very narrow driveway.
Commissioner Muir stated that Staff had crafted a reasonable compromise between the competing agendas.
Motion for Petition No. 410-769:
Commissioner Muir moved that the Planning Commission approve Petition No. 410-769, based on the analysis and findings outlined in the staff report along with conditions one through six.
1. All new wooden privacy fencing (and gate), proposed on the north side of the lot, must meet the requirements of the zoning ordinance and the historic overlay district;
2. Applicant is required to provide a minimum 3 parking stalls, with 1 designated as a handicap accessible van space;
3. A wood privacy fencing to buffer the adjacent property at 733 South Green Street, which is located to the rear yard of the subject property, due to potential impacts from the headlights of vehicles in the required rear parking stalls;
4. A cross-access and cross-drainage agreement will be required for vehicular ingress/egress from the mosque property at 740 South 700 East Street. Drainage must be included in this agreement if run off will be directed to the same site;
5. The applicant will need to work with Engineering (pre-inventory of the public way) to address hazards or damage in the public way adjacent to the site; and
6. The Islamic Society is not required to give up legal rights to use the shared driveway. However, use of the driveway by the entire congregation will greatly impact the other property owner. Therefore, the shared driveway can only be utilized by clergy and/or caretaker and for emergency purposes until such time as the use of the subject site reverts back to a private residence.
Commissioner Chambless seconded the motion and added two more conditions:
7. A motion sensor to be installed for the high sodium light.
8. Protective rails, bars or posts to be installed around the neighboring gas meter.
Commissioner Chambless, Commissioner De Lay, Commissioner Diamond, and Commissioner Muir voted “Aye”. Commissioner Forbis and Commissioner Scott voted “Nay”. Commissioner Galli, Commissioner McDonough, and Commissioner Seelig were not present. As Chair, Chairperson Noda did not vote. The motion passed.
Petitions No. 400-05-31, by Micah Christensen at 612 North Catherine Circle and Tony Gomez at 617 North Catherine Circle, requesting that Salt Lake City declare the adjacent properties addressed at approximately 615 North Catherine Circle and 1420 West 600 North as surplus property in order for the applicants to purchase the parcels and combine them with their existing properties. The applicant, Mr. Gomez, also requests that the City approve a lease agreement to allow him to improve the property located at 1480 West 600 North with landscaping. The subject parcels are excess properties obtained by Salt Lake City for the realignment of 600 North and 700 North Streets.
At 7:05 p.m., Chairperson Noda introduced Petition No. 400-05-31 and Wayne Mills, Senior Planner. Mr. Mills stated that Salt Lake City obtained the subject parcels, as well as other surrounding parcels, in order to realign 600 North Street to connect 600 North with 700 North in the 1960s. The subject parcels are remnant properties that were not used for the 600 North Street realignment project and have since remained vacant and unimproved. The plan developed by the Salt Lake City Engineering Department for the 600 North Street realignment project shows that the intent of Salt Lake City was to transfer ownership of the remnant parcels to private ownership.
Subject Parcel: 1420 West 600 North Applicant: Micah Christensen
Mr. Christensen owns the vacant parcel at 612 N. Catherine Circle. His existing parcel is approximately 6,900 square feet in size. Mr. Christensen’s request is to purchase the City-owned parcel directly south of his property (1420 West 600 North), which is approximately 3,400 square feet in size. The applicant’s future plan for the subject property is to combine it with his existing parcel for the purpose of constructing a duplex. Both Mr. Christensen’s property and the subject parcel are located in the R-2 zoning district. A minimum lot size of 8,000 square feet is required for duplex construction in an R-2 zone. If Mr. Christensen purchases the subject property and combines it with his property, his total lot area would be approximately 10,300 square feet; exceeding the minimum lot area required in the R-2 zone for a two-family dwelling (duplex).
Subject Parcels: 615 N. Catherine Circle/1480 West 600 North Applicant: Tony Gomez
Mr. Gomez owns the property at 617 N. Catherine Circle, located in the R-2 zoning district. The current use of the applicant’s property is two-family residential (duplex), which is a permitted use in the R-2 zone. Mr. Gomez is requesting to purchase 615 N. Catherine Circle and combine it with his existing property in order to landscape and construct a storage building that would be an accessory use to the existing duplex.
Mr. Gomez originally requested to purchase both 615 N. Catherine Circle and 1480 West 600 North; however, it was determined that Mr. Gomez’s property would become noncomplying if both parcels were combined with his existing parcel. Mr. Gomez’s existing property is considered an interior lot with the parking located in the south interior side yard. If both of the subject parcels were combined with the applicant’s existing property, his property would become a corner lot with frontage along both Catherine Circle and 600 North. Section 21A.44.050 of the Salt Lake City Zoning Ordinance states that parking is permitted in the interior side yard (existing condition), but it is not permitted between the front building lines and any property line with frontage along a public street. In order for the applicant to improve the property (Salt Lake City has not improved the parcel) and not create a zoning problem on his existing property, Mr. Gomez is requesting an agreement with the City that would allow him to landscape the subject property. Salt Lake City Property Management has agreed to this request. The final written agreement would be either a lease or revocable permit.
Based on the comments, analysis, and findings of fact noted in this report, the Planning Staff recommends that the Planning Commission approve Petition Number 400-05-31 by declaring the properties located at 615 N. Catherine Circle and 1420 West 600 North surplus. This determination will allow the administration to further process the disposition of the subject property under the terms of Chapter 2.58 of the Salt Lake City Code. The Planning Staff also recommends that the Planning Commission approve the request for a lease agreement or revocable permit for the property located at 1480 West 600 North for the purpose of landscaping the property. The properties must be purchased at fair market value and legally combined with existing parcels. Future development of the properties shall comply with all Salt Lake City codes and policies.
Chairperson Noda asked if there were any questions for Mr. Mills. No response was heard. Chairperson Noda opened the public hearing and asked if the petitioners wanted to make a statement. Both applicants declined to speak. She then asked if there were any Community Council Chairs or the public that wished to speak to this petition. No response was heard. Chairperson Noda asked if there were any other questions.
Seeing no one else wishing to speak, Chairperson Noda closed the Public Hearing and the Commission went into executive session.
Commissioner Scott was concerned about the placement and location of sheds on a corner lot facing the street. Mr. Mills clarified by stating that Mr. Gomez can only place permanent type structures on the parcels that he owns. Due to the lease on city-owned property, only landscaping type improvements may be done on the leased parcel. A fence may be allowed, but a review must be conducted to ensure compliance with zoning regulations. Mr. Mills briefly commented on vacant parcels owned by the City, saying many are not maintained and the City receives complaints about them. If one parcel can be purchased now and the other parcel can be maintained with landscaping, the City will benefit. Further redevelopment on Mr. Gomez’s property will require review by the Planning Commission. Mr. Wheelwright stated that the City has many of these lease arrangements that get renewed and reviewed.
Chairperson Noda then asked for discussion and/or a motion.
Motion for Petition No. 400-05-31:
Commissioner De Lay moved that the Planning Commission approve Petition No. 400-05-31 based on the comments, analysis, and findings of fact noted in the staff report, subject to the following conditions:
1. The properties are purchased at fair market value and legally combined with existing parcels; and
2. Future development of the properties shall comply with all Salt Lake City codes and policies.
Commissioner Scott seconded the motion. Commissioner Chambless, Commissioner De Lay, Commissioner Diamond, Commissioner Forbis, Commissioner Muir, and Commissioner Scott voted “Aye”. The vote was unanimous. Commissioner Galli, Commissioner McDonough, and Commissioner Seelig were not present. As Chair, Chairperson Noda did not vote. The motion passed.
Petition No. 400-05-24, by Harrison Apartments, LLC for a zoning map amendment to rezone the property located at 713 East Harrison Avenue from R-1/5000, Single Family Residential to RMF-35, Moderate Density Multi-Family Residential in order to demolish the existing structure and construct six individually owned town homes. The project will also require an amendment to the future land use map of the Central Community Master Plan to identify the property as Low Medium Density Residential rather than Low Density Residential.
At 7:14 p.m., Chairperson Noda introduced Petition No. 400-05-24 and Sarah Carroll, Associate Planner. Ms. Carroll stated this request is to rezone the property located at 713 East Harrison from R-1/5000 to RMF-35 zoning. This involves amending the Central Community Master Plan Future Land Use Map from “Low Density Residential (1-15 dwelling units/acre)” to “Low Medium Density Residential (10-20 dwelling units/acre)”. The applicant would like to demolish the existing four-plex apartment building and construct six new town homes to be sold to individual owners.
The subject property contains an existing four-plex that was constructed in 1963 and is compliant with the R-4 zoning in place at that time. On June 24, 2005, the applicant submitted a request to rezone the property from R-1/5000 to RMF-45 in order to add an additional four-plex to the property to help offset improvement costs to the existing four-plex.
An open house was held on August 9, 2005, and after listening to the neighbor’s comments and concerns about the potential increase in traffic and density, Staff suggested that the applicant amend the proposal to rezone the property from R-1/5000 to RMF-35. On October 19, 2005, the applicant submitted an amended proposal that reflects the comments made by the public and by Planning Staff. The applicant is requesting a zoning designation of RMF-35.
The property abuts a major arterial street (700 East), which is a State Highway. Sound attenuation will be used in the construction of the proposed town homes to decrease the impacts of the noise associated with the proximity of 700 East. Other abutting land uses include a City park to the north, single family homes to the east and a commercial parking lot to the south. The proposed town homes will create a transition between the Open Space zoning to the north and the Neighborhood Commercial zoning to the south and will help buffer the R-1/5000 neighborhood from the impacts of 700 East, while providing additional home ownership options in the Central City area. The zoning ordinance requires a ten-foot landscape buffer and a fence between RMF-35 and R-1/5000 zoning. The proposed new development includes these additions to help buffer the existing single-family residence to the east.
Based on the Findings of Fact identified in the report, Staff recommends that the Planning Commission transmit a favorable recommendation to the City Council, to approve the proposed zoning map amendment and amend the Central Community Master Plan to identify the property as RMF-35, Moderate Density Multi-Family Residential zoning and Low Medium Density Residential (10-20 dwelling units/acre) land use.
Chairperson Noda asked if there was anyone from Harrison Apartments that wished to speak. Mr. Chuck Klingenstein, Project Director/Associate Principal with Jones & Stokes stated that he has been working with the owner, Mr. Robert Strasters. He asked if the Planning Commission had any questions to address at this time. Commissioner Forbis requested to know the cost to rent the existing units. Rent prices for the existing units range from $600-$650 per month. When asked what price the proposed town homes would sell for and the applicant stated that they would be about $225,000 and that the homes in the neighborhood are selling for a similar amount.
Hearing no further questions, Chairperson Noda opened the public hearing and asked if anyone representing the Community Councils was present.
Cindy Cromer, representing East Central Community, spoke in opposition of the petition. Ms. Cromer referenced a letter in the staff report and distributed a summary to the Planning Commission. Ms. Cromer stated that if the Planning Commission modifies the minimum project size requirements for a Planned Unit Development (PUD), there would be room for three single family houses.
Commissioner Scott stated that she thought the PUD’s minimum size had been changed. Mr. Wheelwright stated that it had been discussed many times but there is no change in effect.
Ms. Judy Short spoke for the Sugar House Community Council in opposition to the petition. The Emerson neighborhood is in both the Sugar House Community Council and the East Central Community Council, although it is in the planning district of the East Central Community Council. She has concerns about traffic problems.
Mr. Don Middleton spoke in opposition to the petition. He owns three houses on the street. He likes the original building and said it could be refurbished and upgraded. He is concerned about adverse property values and traffic congestion.
Jeff Paris spoke in favor of the petition. The idea of off-street parking on the lot is appealing and could solve some existing parking problems.
Mary Timothy supports the petition. The existing building is an eyesore in the neighborhood and should be demolished. Town houses are beneficial to the area because much of the surrounding area consists of small houses occupied by singles or couples.
Chris Malone is in support of the petition. The design of the town houses is appealing with the existing neighborhood. If three homes were built instead, a shared driveway might be needed creating inefficiencies.
Chairperson Noda closed the Public Hearing and asked if there were any questions for Mr. Strasters.
Commissioner Chambless asked about the Master Plan. Chuck Klingenstein replied that master plans as we know are evolving documents and they have a tendency to be very broad. As a remnant parcel, the subject property is not addressed in the master plan.
Commissioner Muir requested more information about the development. Commissioner De Lay agreed with the request and asked if the project went to subcommittee. Ms. Carroll stated it would go to subcommittee when the application for the project is submitted. Commissioners were concerned about the final project and the lack of information about the development design. Mr. Wheelwright stated that this is a rezoning recommendation to the City Council, allowing them the final decision. If the rezoning is approved it is possible that an over-the-counter building permit for a six-plex would be issued. Staff has considered the petition extensively over the past 4-6 months with the developer and his consultant and it was determined that the likelihood of anyone building a single-family dwelling at the corner of 700 East was small. The value of the property is higher as a four-plex rather than several single family dwellings. Staff does support this petition for rezoning.
The Planning Commissioners discussed their concerns at length and concluded that the project needed further study. The Commissioners asked for more information, such as a typical unit floor plan, the nature of the courtyard space, or a diagram illustrating the five-unit design versus six-unit design. They wanted to be assured that the product would have some reasonable quality commiserate with what exists in that neighborhood. Issues were raised such as the density of six units, maintaining the character of the neighborhood, using a PUD instead of rezoning and traffic from 700 East.
Mr. Ikefuna recommended that the petition be tabled until the Planned Development Subcommittee of the Planning Commission convenes to study the issues and the developer has an opportunity to make adjustments to the project. Commissioner De Lay, Commissioner Diamond, Commissioner McDonough, Commissioner Muir, and Commissioner Scott will participate in the Subcommittee.
Motion for Petition No. 400-05-24:
Commissioner De Lay moved that the Planning Commission table Petition No. 400-05-24. Commissioner Forbis seconded the motion. Commissioner Chambless, Commissioner De Lay, Commissioner Diamond, Commissioner Forbis, and Commissioner Muir voted “Aye”. Commissioner Scott abstained. Commissioner Galli, Commissioner McDonough, and Commissioner Seelig were not present. As Chair, Chairperson Noda did not vote. The motion was tabled.
The Commission took a 5-minute recess.
Petition No. 400-05-38, by Mayor Anderson to create a High Performance Building Ordinance requiring that applicable building projects constructed with Salt Lake City funds obtain a Leadership in Energy and Environmental Design (LEED) "Certified" designation from the United States Green Building Council.
At 8:08 p.m., Chairperson Noda introduced Petition No. 400-05-38, Lisa Romney, Environmental Advisor to the Mayor, and Orion Goff, Director of Building Services and Licensing. All presentations and attachments for this petition have been made a part of this record. The Salt Lake City Mayor has requested the Planning Commission to review and forward a recommendation to the City Council regarding a proposed ordinance requesting compliance and certification to Leadership in Energy and Environmental Design (LEED) rating system prepared by the United States Green Building Council (USGBC). The proposed ordinance would apply to Salt Lake City-funded projects of 10,000 square feet of occupied space or larger.
The primary purpose of the proposed ordinance is to ensure that projects utilizing City funds are built to high performance building standards with respect to energy, water, and material resource conservation; thereby increasing the health and comfort of the occupants of the building.
In July 2005, Mayor Anderson signed an Executive Order requiring City-owned and -operated new construction or major renovation projects be built using the LEED-NC rating system. Prior to the Executive Order, the Mayor and City Council have instigated a number of ordinances and policies, such as walkable communities, recycling programs, E2 business promotion, Street Lighting Master Plan, and Transit Oriented Development. The High Performance Building ordinance helps the City reach these overall goals.
LEED encompasses design and construction practices that significantly reduce or eliminate the negative impact of buildings on the environment and occupants in five broad areas:
• Sustainable site planning;
• Safeguarding water and water efficiency;
• Energy efficiency and renewable energy;
• Conservation of materials and resources; and
• Indoor environmental quality.
LEED is considered the best tool for state-of-the-art high performance building design and construction. USGBC LEED certification is the only way to document high performance building components, ensure maximum energy efficiency in buildings, and receive recognition for sustainable and innovative building design practices. Within LEED there are rating levels of Certified, Silver, Gold, and Platinum that are based on implementation of a range of activities and achievement of points.
The use of the LEED rating system has penetrated 5% of the private market and 15% or more of public building projects. As of May 2005, 2,000 buildings have been registered with the USGBC for certification. An additional 216 buildings have completed certification and are rated as Platinum, Gold, Silver, or Certified.
The USGBC determines the certification levels based on verified total points earned. The system is designed to be comprehensive in scope, yet simple in operation. Award levels are based on the number of points achieved:
LEED Platinum: 52-69 points
LEED Gold: 39-51 points
LEED Silver: 33-38 points
LEED Certified: 26-32 points
Based on research conducted by the USGBC, buildings in the United States account for:
• 36% of total energy use and 65% of electric energy consumption;
• 30% of raw materials use;
• 30% of waste output or 136 million tons of waste annually;
• 12% of all drinking water consumption; and
• 30% of greenhouse gas emissions.
In 2001, the Salt Lake City Mayor’s Office and Planning Division launched the High Performance Building Initiative. The goal of the Initiative was to review each of the chapters and credits in the LEED rating system and create additional credits that would address specific resource constraints. The intended outcome was to produce a Salt Lake City LEED-Plus guideline to be adopted and administered locally. The resulting High Performance Building Initiative document was lengthy and required a considerable amount of revision and editing before it could be implemented. The City lacked the required funding, and the project was put on hold.
Due to the local community’s experience with LEED and the reduced need for local administration by adopting the USGBC LEED rating system, it is appropriate that the City adopt the LEED rating system instead of the Salt Lake City LEED-Plus rating system, as originally intended.
Staff has determined that the proposed ordinance to use the LEED rating system in City-funded construction projects of 10,000 square feet or larger is consistent with the existing adopted Master Plans, policies, and resolutions, and furthers their implementation. Therefore, Staff recommends the Planning Commission transmit to the City Council and the Mayor a favorable recommendation to approve the proposed ordinance with the following modifications:
• Include a $10,000 “good faith” deposit from all private sector developers who receive City funds for construction of buildings 10,000 square feet or larger;
• Require the use of the following standards in the review of requests for exceptions:
o Literal enforcement of the LEED ordinance would cause unreasonable hardship for the applicant that is not necessary to carry out the general purposes of the LEED ordinance;
o The exception would not have a substantially negative affect on the Master Plans, policies, and resolutions of the City and would not be contrary to the purposes of the LEED ordinance;
o The exception would not be granted if economic hardship is determined to be self-imposed; and
o Determine whether exceptions should be decided and granted by a Procurement Officer or a Board appointed by the City Council.
• Require City-owned buildings to achieve a LEED Silver rating rather than just the LEED Certified rating mandated for City-funded projects
LEED Certified projects located in Utah include:
Olympic Speed Skating Oval – Kearns, (LEED 1.0 Certified)
OSHA Salt Lake Technical Center – Sandy, (LEED 2.0 Silver)
Scowcroft Building – Ogden, (LEED 2.1 Silver)
At this time, an additional 21 Utah building projects are registered with the USGBC, including the Big-D Construction corporate office building located at 400 South 400 West in Salt Lake City.
The Salt Lake City Intermodal Hub (The Hub) is the first Salt Lake City owned and operated building that will be LEED Certified. Based on information from The Hub’s consulting engineers, a LEED building averages 20-25% in energy savings over standard construction. In the case of the Hub, this means a 10-year payback for the extra cost of construction by using the LEED rating system and certifying the project with the USGBC.
Mr. Goff continued the presentation and answered questions from the Planning Commissioners concerning (1) the integration of LEED requirements into the current State Codes, (2) ASHRAE – the global leader in the sciences of heating, refrigeration, ventilation and air conditioning, (3) the advantages of adopting the proposed ordinance versus adopting a more rigorous ASHRAE Standard, (4) LEED standards that would potentially guide, educate, and provide certification for a recognized standard, (5) Salt Lake City Airport’s status regarding adoption of the LEED’s ordinance, and (6) specific LEED guidelines for adoption dates for any City updates on related codes.
At this point Commissioner De Lay disclosed that she had received a call from Greg Hughes, State Legislature and another developer, Mr. Anderson regarding this ordinance. Their questions regarded the RDA process and the involvement of the RDA and the Library if the ordinance is adopted. Ms. Romney stated that the RDA and Library are not included in the LEED ordinance. A presentation will be given to the RDA with this ordinance, but the RDA is excluded from the adoption presently.
Hearing no further comments, Chairperson Noda opened the public hearing to comments from the public.
Mr. Soren Simonsen, past President of the American Institute of Architects addressed the Commission in favor of the ordinance. He reviewed the letter that he presented to the Commissioners and is made a part of this record.
Chris Clark, Acting Chair of the United States Green Building Council for Utah addressed the Commission, and Garth Shaw, architect with GSP Architect and LEED project manager for six LEED projects in Utah, are in favor of the ordinance.
Seeing no one else wishing to speak, Chairperson Noda closed the Public Hearing and the Commission went into executive session.
The Commissioners questioned and talked through a lack of incentives for the private sector, current certification of City employees, education and public awareness seminars, why this ordinance was presented to the Planning Commission and what it had to do with land use.
The Commissioners were in favor of expedited City permits as an incentive. Ms. Romney stated that the City Attorney did not include incentives for the public and indicated that incentives could be addressed as the project progressed. Mr. Ikefuna indicated that the Commissioners could add incentive language for the private sector when the motion is made. Mr. Ikefuna explained that anything having to do with an ordinance must be reviewed by the Planning Commission.
Commissioner De Lay wished to add an amendment that would encourage private developers, builders and citizens who are building new constructions or remodeling and not using Salt Lake City monies, to use and complete LEED certifications on any new projects. Salt Lake City would encourage green building to private citizens obtaining the LEED Certification with incentives deemed practical by the City; e.g., a faster permitting process. These encouragements would be in place within 6 months of Salt Lake City accepting LEED Certification and enacting the LEED Certification program for new construction with City money.
Motion for Petition No. 400-05-38:
Commissioner Chambless moved that the Planning Commission transmit a favorable recommendation to the Mayor and the City Council to approve the proposed ordinance with the modifications specified in the staff report. An amendment is included to encourage the LEED certified private sector to follow green building with incentives deemed practical by the City; e.g., a faster permitting process. These incentives would be in place within 6 months of Salt Lake City accepting and enacting the LEED Certification program for new construction with City money. Commissioner De Lay seconded the motion. Commissioner Chambless, Commissioner De Lay, Commissioner Diamond, Commissioner Forbis, Commissioner McDonough, Commissioner Muir, and Commissioner Scott voted “Aye”. Commissioner Galli, Commissioner McDonough, and Commissioner Seelig were not present. As Chair, Chairperson Noda did not vote. The motion and amendment passed.
UNFINISHED BUSINESS
(This item was heard at 8:54 p.m.)
The Planning Commission voted to have a retreat in January. Mr. Ikefuna announced that a Holiday Luncheon will be held in December for the Planning Commissioners.
The Planning Commission meeting was adjourned at 8:55 p.m. by Chairperson Noda.