SALT LAKE CITY PLANNING COMMISSION
451 South State Street, Room 126
Present from the Planning Commission were Chairperson Judi Short, Robert "Bip" Daniels, Diana Kirk, Craig Mariger, Vice-Chairperson Max Smith, Stephen Snelgrove and Mike Steed. Andrea Barrows and Arla Funk were excused.
Present from the Planning Staff were Planning Director William T. Wright, Deputy Planning Director Brent Wilde, Cheri Coffey, Jackie Gasparik, Bill Allayaud, Ray McCandless and Doug Wheelwright.
A roll is being kept of all that attended the Planning Commission meeting. Ms. Short called the meeting to order at 5:05 p.m. 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
The minutes of Thursday, November 18, 1999 were not ready for Planning Commission approval. The minutes will be approved on Thursday, December 9, 1999, the next scheduled Planning Commission meeting.
PUBLIC HEARINGS
PUBLIC HEARING – Petition No. 400-99-47, initiated by the Salt Lake City Planning Commission, requesting an amendment to the Salt Lake City Zoning Ordinance. The proposed amendment would allow light manufacturing uses as a conditional use in the Business Park "BP" zoning district.
Ms. Cheri Coffey 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.
The Planning Commissioners then asked questions of Ms. Coffey relating to the petition.
Mr. Snelgrove spoke concerning the impacts that will occur if "light manufacturing" is allowed as a conditional use in the Business Park zoning district.
Ms. Coffey stated that each specific use will be reviewed and if Staff finds that there will be too many impacts to adjacent properties, the use can be denied.
Ms. Short opened the hearing to the public and asked if anyone wished to address the Planning Commission. Upon receiving no response, she closed the hearing to the public and opened it for Planning Commission discussion.
Motion for Petition No. 400-99-47:
Mr. Steed moved, based on the findings of fact, to transmit a favorable recommendation to the City Council for Petition No. 400-99-47 to amend the Business Park zoning district to allow "light manufacturing" as a conditional use. Mr. Snelgrove seconded the motion. Mr. Daniels, Ms. Kirk, Mr. Mariger, Mr. Smith, Mr. Snelgrove and Mr. Steed voted "Aye". Ms. Barrows and Ms. Funk were not present. Ms. Short, as Chair, did not vote. The motion passed.
PUBLIC HEARING – Petition No. 400-99-51 by the Salt Lake City Redevelopment Agency requesting that the property located at 863 South 200 West be declared surplus. This parcel is in the West Temple Gateway Redevelopment Project area. The Redevelopment Agency is in the process of assembling parcels on this block for the development of a transit-oriented housing project.
Mr. Mariger disclosed that his firm occasionally provides legal representation to the Redevelopment Agency and, to the best of his knowledge, has not represented the Redevelopment Agency on this particular matter. Having disclosed this, Mr. Mariger feels that this will not preclude his providing unbiased opinions during this proceeding.
Ms. Jackie Gasparik 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. John Billings, represented the Redevelopment Agency, was present for this portion of the meeting and stated that he was in agreement with the staff recommendation. Mr. Billings stated that the Redevelopment Agency currently owns property in the area and is in the process of trying to acquire the property in question in addition to another parcel which is in-between the two.
The Planning Commissioners then asked questions of Ms. Gasparik and Mr. Billings relating to the petition.
Mr. Daniels asked what is meant by a "transit-oriented housing project". Mr. Billings responded by stating that "transit-oriented housing project" means housing that is specifically built to surround public forms of transportation. In this case, the housing development will be built near the proposed light rail stop. The housing development will allow people to have easy access to the mass transit line and will also include a
commercial component. The commercial component will provide neighborhood and community services both to the residents who live in the area and to commuters who may be stopping there for other reasons.
Ms. Short opened the hearing to the public and asked if anyone wished to address the Planning Commission.
Mr. Greg Hughes, a property owner in the area, spoke concerning the parcel that is in-between the Redevelopment Agency's property and the property in question. He asked if the Redevelopment Agency would still develop the property in question if they were unable to acquire the parcel that is in-between. Mr. Billings responded by stating that the property in question would be developed with a housing use or an open space.
Mr. Reed Jacobsen, a property owner in the area, spoke in support of the Redevelopment Agency's request and proposal.
Upon receiving no further requests to address the Planning Commission, Ms. Short closed the hearing to the public and opened it for Planning Commission discussion.
Motion for Petition No. 400-99-51:
Mr. Steed moved, based on the findings of fact, to transmit a favorable recommendation to the City Council for Petition No. 400-99-51 to declare the property as surplus to the existing or future needs of the City. This determination will also allow the administration to further process the disposition of this property under the terms of the City Code 2.58. Mr. Daniels seconded the motion. Mr. Daniels, Ms. Kirk, Mr. Mariger, Mr. Smith, Mr. Snelgrove and Mr. Steed voted "Aye". Ms. Barrows and Ms. Funk were not present. Ms. Short, as Chair, did not vote. The motion passed.
PUBLIC HEARING – Case No. 410-389 by TCI Cablevision of Utah requesting a conditional use and planned development to allow the expansion and upgrading of their television and phone service by remodeling and expanding the building located at 1251 E. Wilmington Avenue in a Commercial Sugar House Business District "C-SHBD" zoning district.
Mr. Bill Allayaud 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. Peter Pillman and Ms. Marsha Bousquet, representing TCI Cablevision of Utah, were present for this portion of the meeting and stated that they were in agreement with the staff recommendation. Mr. Pillman then presented brick samples for the proposed remodeling and expansion of the building.
Mr. Jim Webster, the landscape architect for the planned development, was also present for this portion of the meeting. He then presented the landscaping plan to the Planning Commission.
Ms. Short opened the hearing to the public and asked if anyone wished to address the Planning Commission. Upon receiving no response, she closed the hearing to the public and opened it for Planning Commission discussion.
Motion for Case No. 410-389:
Mr. Smith moved, based on the findings of fact, to approve Case No. 410-389 for a planned development subject to the following conditions as listed in the staff report (underlined portion added by the Planning Commission):
1. Prior to issuance of a building permit, the applicant shall submit proof that the City's Redevelopment Agency and City Property Management has agreed to appropriate compensation to allow the retention of the satellite dishes on City property.
2. Prior to issuance of a building permit, the applicant shall submit a final landscaping plan for the review and approval of the Planning Director. The caliper of the trees shall be consistent with the screening affect that is anticipated now rather than waiting ten years for the trees to mature.
3. Prior to issuance of a building permit, the applicant shall submit a signed development agreement that they will install, at their expense, a masonry wall, full landscaping, and security lighting at the request of the City along the western property line. The City, at its discretion, may allow the applicant to install less than the required screening, lighting, and fencing depending upon the final configuration of development and public access to the west of the site. Until the City requests the applicant to make these improvements, the applicant may retain the existing fence and maintain or replace it as needed.
4. Prior to issuance of a building permit, the applicant shall submit final plans that show colors and architectural detail for the review and approval of the Planning Director.
Mr. Steed seconded the motion. Mr. Daniels, Ms. Kirk, Mr. Mariger, Mr. Smith, Mr. Snelgrove and Mr. Steed voted "Aye". Ms. Barrows and Ms. Funk were not present. Ms. Short, as Chair, did not vote. The motion passed.
PUBLIC HEARING – Case No. 410-395 by TCI Cablevision of Utah requesting a conditional use to install a ground mounted electrical equipment cabinet that includes a back-up generator located at approximately 1440 W. Hayes Avenue in a Single Family Residential "R-1/5,000" zoning district;
AND, Case No. 410-396 by TCI Cablevision of Utah requesting a conditional use to install a ground mounted electrical equipment cabinet that includes a back-up generator located at approximately 814 W. Dalton Avenue in a Single Family Residential "R-1/5,000" zoning district;
AND, Case No. 410-397 by TCI Cablevision of Utah requesting a conditional use to install a ground mounted electrical equipment cabinet that includes a back-up generator located at approximately 1784 West 400 North in a Low Density Multi-family Residential "RMF -30" zoning district;
AND, Case No. 410-398 by TCI Cablevision of Utah requesting a conditional use to install a ground mounted electrical equipment cabinet that includes a back-up generator located at approximately 1388 N. Miami Road in a Single Family Residential "R-1/7,000" zoning district;
AND, Case No. 410-399 by TCI Cablevision of Utah requesting a conditional use to install a ground mounted electrical equipment cabinet that includes a back-up generator located at approximately 1840 West 900 North in a Single Family Residential "R-1/7,000" zoning district;
AND, Case No. 410-401 by TCI Cablevision of Utah requesting a conditional use to install a ground mounted electrical equipment cabinet that includes a back-up generator located at approximately 1378 W. Leadville Street in an Open Space "OS" zoning district;
AND, Case No. 410-402 by TCI Cablevision of Utah requesting a conditional use to install a ground mounted electrical equipment cabinet that includes a back-up generator located at approximately 1021 N. Catherine Street in a Single Family Residential "R-1/5,000" zoning district;
AND, Case No. 410-403 by TCI Cablevision of Utah requesting a conditional use to install a ground mounted electrical equipment cabinet that includes a back-up generator located at approximately 1205 North 1200 West in a Single Family Residential "R-1/7,000" zoning district.
Mr. Ray McCandless presented the staff report outlining the major issues of each case, the findings of fact and the staff recommendation, a copy of which is filed with the minutes. Mr. McCandless then spoke concerning the Planning Commission's request to have the Planning Staff look into the availability of smaller, less visually obtrusive options that house TCI/AT&T's electrical equipment/back-up power supplies. Three of the leading suppliers for the cable industry were contacted. All three companies stated
that the proposed cabinets are the state of the art technologies available at this time. The companies are always looking for ways to minimize and reduce the size of the cabinets, however, in the next year or so, there could be a smaller cabinet with less visible impacts. Therefore, Staff feels comfortable that the proposed cabinets are the best system available today in terms of technical performance and value.
Mr. Mariger then stated that a posted bond would not be as effective as a cash bond. Therefore, he feels that an interest bearing cash bond should be required for each cabinet site that would allow the City to draw on the deposit if necessary.
Mr. Larry Cox, representing AT&T, was present for this portion of the meeting to answer questions and address concerns.
Mr. McCandless then individually addressed the proposed sites. After each site, the public was given the opportunity to address the Planning Commission.
Case No. 410-395 located at 1440 West Hayes Avenue
Mr. McCandless stated that this proposed cabinet would be located in the public right-of-way.
Ms. Short opened the hearing to the public and asked if anyone wished to address the Planning Commission. There was no response.
Case No. 410-396 located at 814 West Dalton Avenue
Mr. McCandless stated that this proposed cabinet would be located on private property behind an existing garage.
Ms. Short opened the hearing to the public and asked if anyone wished to address the Planning Commission.
Mr. LeGrande Steenblik, a concerned citizen, spoke concerning cabinets being placed on public property verses private property. He asked what the compensation would be for both public and private property.
Mr. Wilde responded by stating that the cabinets that would be placed on private property are negotiated with the private property owner. The cabinets that would be placed on the public street right-of-way are authorized through the City's franchise agreement. If the cabinets are placed down a private alley or a park, then they would be negotiated with the property owner or appropriate entity.
There were no further requests to address the Planning Commission at this time.
Case No. 410-397 located at 1784 West 400 North
Mr. McCandless stated that this proposed cabinet would be located in a small park. Currently, there are a number of existing boxes located in the public right-of-way. It was then asked if one of the existing boxes could be integrated with the proposed cabinet.
Mr. Cox stated that one of the existing will be eliminated. He then stated that he would check to see what type of equipment was inside another of the existing boxes to see if it could be placed underground in a vault.
Ms. Short opened the hearing to the public and asked if anyone wished to address the Planning Commission. There was no response.
Case No. 410-398 located at 1388 North Miami Road
Mr. McCandless stated that this proposed cabinet would be located in the park strip. Currently, there are three existing boxes in the park strip. The proposed cabinet will replace two of the existing boxes. Mr. McCandless then stated that this particular location is the most visible out of the proposed eight sites.
Ms. Kirk asked if the petitioner attempted to place the cabinet on private property so that it would not be as visible to the general public. Mr. Cox stated that he spoke to one of the two possible home owners and was not given permission to place it on their private property. The second home owner was not approached due to a privacy fence.
Mr. Steed asked if the proposed cabinet could be moved to the mini-park that is approximately one block to the north. Mr. Cox stated that the proposed site was the only acceptable site within the search area that was given.
Ms. Short opened the hearing to the public and asked if anyone wished to address the Planning Commission. There was no response.
Case No. 410-399 located at 1840 West 900 North
Mr. McCandless stated that this proposed cabinet would be located on private property. Staff believes that this will be a good site because the proposed cabinet will be placed near some trees that will help make it less visible.
Ms. Short opened the hearing to the public and asked if anyone wished to address the Planning Commission. There was no response.
Case No. 410-401 located at 1378 West Leadville Street
Mr. McCandless stated that this proposed cabinet would be located in a City park behind a chainlink fence.
Ms. Short opened the hearing to the public and asked if anyone wished to address the Planning Commission.
Mr. Steenblik, property owner of the nearby private driveway and the home, stated that he is opposed to the cabinet being placed at this proposed location. He then stated that the park is heavily used on weekends which makes it extremely difficult for him to access his driveway because the parking lot is inadequate for the activity of the park. He feels that having maintenance trucks come to this site would also make it impossible for him to access his driveway. Mr. Steenblik continued by stating that the location of the proposed cabinet could be a hazard for the many children who use the park. He then asked about the need for so many new cabinets in this residential area and why the cabinets could not be placed on more commercial sites. Some other concerns were what will happen to the cabinet when the technology becomes obsolete and who will be maintaining and monitoring the cabinets from vandalism or graffiti.
Ms. Sharon Olson, a nearby resident, stated that she too is opposed to the location of this proposed cabinet because she feels that there are already too many of these kinds of "boxes" in the neighborhood. She also spoke concerning the safety of the children who use the park because she feels that it is just a matter of time before someone gets hurt from climbing on the cabinet.
Mr. Paul Olson, a nearby resident, asked about the size of the cabinets and the noise levels of the generators. He then asked if the proposed cabinets will actually improve cable service because he does not feel that it is worth much at this time.
Mr. Cox responded to the public's concerns. He stated that maintenance to the cabinet on a regular basis will be only twice a year. There would also be maintenance visits for emergencies or problems with the cabinet. As far as they safety issue is concerned, he stated that he is willing to work with whomever he needs to make the cabinet safe and acceptable to everyone. Mr. Cox continued by stating that the generator will only run at the time of power outages which will make it possible for some to have continued access to cable services. The noise levels will be less than an air conditioning condenser.
Ms. Kirk asked if the proposed cabinets will reduce the number of maintenance calls. Mr. Cox responded in the affirmative by stating that TCI will be able to achieve 99.99% reliability with the proposed cabinets. Ms. Kirk then noted that there will be approximately 85 new cabinets placed throughout City. However, for every one cabinet built, two existing cabinets will be removed. In some cases, three existing cabinets will be removed.
Ms. Cox then spoke concerning the vandalism and graffiti concerns. He stated that the cabinets are painted with a graffiti resistant paint that will allow graffiti to be removed fairly easily.
Mr. Steed spoke concerning finding another location for this particular cabinet.
There were no further requests to address the Planning Commission at this time.
Case No. 410-402 located at 1021 North Catherine Street
Mr. McCandless stated that this proposed cabinet would be located in a commercial area. The cabinet would be tucked away by a shed and some trees and will be obscure.
Ms. Short opened the hearing to the public and asked if anyone wished to address the Planning Commission. There was no response.
Case No. 410-403 located at 1205 North 1200 West
Mr. McCandless stated that this proposed cabinet would be located in a public right-of-way next to a pump station. The site is setback because it is located on a fairly wide park strip.
Ms. Short opened the hearing to the public and asked if anyone wished to address the Planning Commission. There was no response.
General Public Comment
Mr. Michael Nabor, a concerned citizen, asked questions of Mr. Cox relating to the make-up of the cabinets. Mr. Cox responded to Mr. Nabor's questions. Mr. Cox stated that if the cabinets have an alarm that will be monitored 24 hours a day, 7 days a week, 365 days a year. The batteries within the cabinets are monitored every 30 seconds, therefore, if there is a problem with the batteries or if the cabinet is vandalized, TCI will know immediately and send someone out. In the case of vandalism, TCI will also notify the police department. There is also a gas detector inside the cabinet if there happens to be a natural gas leak. If a vehicle were to hit the cabinet and it was nudged from the concrete pad, the generator will not engage. The generator will also not engage if water were to build up within the cabinet. When the generator is locked off, the natural gas supply is also shut off.
Ms. Short asked Staff to work with the petitioner to prepare a fact sheet that can be distributed to the neighbors to address the most common questions and concerns.
Upon receiving no further requests to address the Planning Commission, Ms. Short closed the hearing to the public and opened it for Planning Commission discussion.
Mr. Mariger asked if the City includes an indemnification provision in their agreements when they lease to utility companies that are asking to put devices (such as the proposed cabinets) throughout the City. Mr. Wilde did not know if an indemnification provision is included in the agreements, however, he stated that he will check on it.
Mr. Steed spoke concerning Case No. 410-398 located at 1388 North Miami Road. He feels that the proposed location is not acceptable and would like to have the petitioner look to see if there is another location that will be out of the public right-of-way. Mr. Steed also stated that Case No. 410-401 located at 1378 West Leadville Street is an unacceptable location because of the safety issues of it being within a City park that is used regularly by children.
Mr. Mariger stated that he believes that it will be unwise for the Planning Commission to approve the proposed cabinets throughout the City without placing some additional conditions on them. Therefore, if the new technology becomes available in the future, there will be a condition stating that the cabinets that were approved will be retrofit to the new technology.
Motion pertaining to all TCI cases approved by the Planning Commission at this meeting:
Mr. Mariger moved, based on the findings of fact, to include the following conditions on all cases approved by the Planning Commission at this meeting (underlined portions added by the Planning Commission):
1. No propane tanks be used.
2. All City departmental requirements be met including obtaining the applicable building permits from the City's Building Services and Licensing Division, public way permits from the City's Engineering Division or revocable permits from the Property Management Division.
3. The cabinets, including the cement pad, be removed within 90 days if they no longer are needed or used and any lease with property owner terminated.
4. A surety bond or cash bond be posted assuring removal of the equipment and pad.
5. All utilities and cables be placed underground.
6. Drought-resistant landscaping around the cabinet be installed, if necessary, with Planning Director having final approval.
7. If TCI or its related entities install these ground mounted electrical cabinets underground, or partially underground, in other community, TCI will retrofit this equipment within one year of the availability of this technology, provided, TCI shall
not be required to retrofit any equipment before the expiration of five years from the date of its installation. When new technology becomes available, the Planning Commission will no longer accept and/or approve the above ground cabinets.
8. All lease agreements with property owners shall contain a 'hold harmless' language to sufficiently protect the property owner from liability.
Mr. Smith seconded the motion. Ms. Kirk, Mr. Mariger, Mr. Smith, Mr. Snelgrove and Mr. Steed voted "Aye". Mr. Daniels voted "Nay". Ms. Barrows and Ms. Funk were not present. Ms. Short, as Chair, did not vote. The motion passed.
Motion for Case No. 410-395:
Mr. Steed moved, based on the findings of fact, to approve Case No. 410-395 to install a ground mounted electrical cabinet that includes a back-up generator located at 1440 West Hayes Avenue subject to Conditions 1-8, listed above, be met by the petitioner. Mr. Snelgrove seconded the motion. Mr. Daniels, Ms. Kirk, Mr. Mariger, Mr. Smith, Mr. Snelgrove and Mr. Steed voted "Aye". Ms. Barrows and Ms. Funk were not present. Ms. Short, as Chair, did not vote. The motion passed.
Motion for Case No. 410-396:
Mr. Steed moved, based on the findings of fact, to approve Case No. 410-396 to install a ground mounted electrical cabinet that includes a back-up generator located at 814 West Dalton Avenue subject to Conditions 1-8, listed above, be met by the petitioner. Mr. Mariger seconded the motion. Mr. Daniels, Ms. Kirk, Mr. Mariger, Mr. Smith, Mr. Snelgrove and Mr. Steed voted "Aye". Ms. Barrows and Ms. Funk were not present. Ms. Short, as Chair, did not vote. The motion passed.
Motion for Case No. 410-397:
Mr. Steed moved, based on the findings of fact, to approve Case No. 410-397 to install a ground mounted electrical cabinet that includes a back-up generator located at 1784 West 400 North subject to the following conditions:
1. Conditions 1-8, listed above, be met by the petitioner.
2. Removal, if possible, of the cable box on the outside public right-of-way in vicinity of the proposed cabinet.
Mr. Mariger seconded the motion. Mr. Daniels, Ms. Kirk, Mr. Mariger, Mr. Smith, Mr. Snelgrove and Mr. Steed voted "Aye". Ms. Barrows and Ms. Funk were not present. Ms. Short, as Chair, did not vote. The motion passed.
Motion for Case No. 410-398:
Mr. Steed moved, based on the findings of fact, to deny Case No. 410-398 to install a ground mounted electrical cabinet that includes a back-up generator located at 1388 North Miami Road. Mr. Mariger seconded the motion. Mr. Daniels, Ms. Kirk, Mr. Mariger, Mr. Snelgrove and Mr. Steed voted "Aye". Mr. Smith voted "Nay". Ms. Barrows and Ms. Funk were not present. Ms. Short, as Chair, did not vote. The motion passed.
Motion for Case No. 410-399:
Mr. Steed moved, based on the findings of fact, to approve Case No. 410-399 to install a ground mounted electrical cabinet that includes a back-up generator located at 1840 West 900 North subject to Conditions 1-8, listed above, be met by the petitioner. Mr. Mariger seconded the motion. Mr. Daniels, Ms. Kirk, Mr. Mariger, Mr. Smith, Mr. Snelgrove and Mr. Steed voted "Aye". Ms. Barrows and Ms. Funk were not present. Ms. Short, as Chair, did not vote. The motion passed.
Motion for Case No. 410-401:
Mr. Steed moved, based on the findings of fact, to deny Case No. 410-401 to install a ground mounted electrical cabinet that includes a back-up generator located at 1378 West Leadville Street. Mr. Daniels seconded the motion. Mr. Daniels, Mr. Snelgrove and Mr. Steed voted "Aye". Ms. Kirk, Mr. Mariger and Mr. Smith voted "Nay". Ms. Barrows and Ms. Funk were not present. Ms. Short, as Chair, voted "Aye" to break the tie. The motion passed.
Motion for Case No. 410-402:
Mr. Steed moved, based on the findings of fact, to approve Case No. 410-402 to install a ground mounted electrical cabinet that includes a back-up generator located at 1021 North Catherine Street subject to Conditions 1-8, listed above, be met by the petitioner.
Mr. Mariger seconded the motion. Mr. Daniels, Ms. Kirk, Mr. Mariger, Mr. Smith, Mr. Snelgrove and Mr. Steed voted "Aye". Ms. Barrows and Ms. Funk were not present. Ms. Short, as Chair, did not vote. The motion passed.
Motion for Case No. 410-403:
Mr. Steed moved, based on the findings of fact, to approve Case No. 410-403 to install a ground mounted electrical cabinet that includes a back-up generator located at 1205 North 1200 West subject to Conditions 1-8, listed above, be met by the petitioner. Mr. Mariger seconded the motion. Mr. Daniels, Ms. Kirk, Mr. Mariger, Mr. Smith, Mr. Snelgrove and Mr. Steed voted "Aye". Ms. Barrows and Ms. Funk were not present. Ms. Short, as Chair, did not vote. The motion passed.
OTHER BUSINESS
There being no further business, the meeting adjourned at 7:55 p.m.