February 18, 1999

 

SALT LAKE CITY PLANNING COMMISSION

451 South State Street, Room 126

 

Present from the Planning Commission were Chairperson Max Smith, Vice-Chairperson Judi Short, Andrea Barrows, Gilbert Iker, Stephen Snelgrove and Mike Steed. Gregory DeMille, Arla Funk, Diana Kirk and Craig Mariger were excused.

 

Present from the Planning Staff were Planning Director William T. Wright, Deputy Planning Director Brent Wilde, Everett Joyce and Cheri Coffey.

 

A roll is being kept of all who attended the Planning Commission meeting. The meeting was called to order at 5:15 p.m. by Mr. Smith. Minutes are presented in agenda order, not necessarily as cases were heard by the Planning Commission. Tapes of the meeting will be retained in the Planning Office for a period of one year, after which, they will be erased.

 

APPROVAL OF MINUTES

 

Ms. Barrows moved to approve the minutes of Thursday, January 21, 1999. Mr. Steed seconded the motion. Ms. Short, Ms. Barrows, Mr. Iker, Mr. Snelgrove and Mr. Steed voted “Aye”. Mr. DeMille, Ms. Funk, Ms. Kirk and Mr. Mariger were not present. Mr. Smith, as Chair, did not vote. The motion passed.

 

Mr. Steed moved to approve the minutes of Thursday, February 4, 1999 subject to the corrections being made as mentioned by Mr. Iker and Ms. Barrows. Mr. Iker seconded the motion. Ms. Short, Ms. Barrows, Mr. Iker, Mr. Snelgrove and Mr. Steed voted “Aye”. Mr. DeMille, Ms. Funk, Ms. Kirk and Mr. Mariger were not present. Mr. Smith, as Chair, did not vote. The motion passed.

 

PUBLIC HEARINGS

 

PUBLIC HEARING - Petition No. 400-99-03 by Salt Lake City Corporation requesting to rezone City owned property from Open Space “OS” to Sugar House Business District “SHBD”. This rezoning will facilitate an interdepartmental property exchange with the Redevelopment Agency of Salt Lake City that will accommodate the redevelopment of properties along Wilmington Avenue within the Sugar House Business District as specified within the Sugar House Business District Strategies and Recommendations Plan. Property being rezoned is located along the south boundary of the Hidden Hollow Natural Area, which is in the interior of the block bounded by 2100 South Street – Wilmington Avenue and 1100 East – 1300 East Streets.

 

Mr. Everett Joyce 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. Smith opened the hearing to the public and asked if anyone wished to address the Planning Commission.

 

Ms. Helen Peters, Chair of the Sugar House Community Council, stated that the Sugar House Community Council fully supports this petition.

 

Ms. Kelly Eatchel and Ms. Lynne Olson, representing the KOPE (Kids Organized to Protect our Environment) Kids, stated that the KOPE Kids are in support of the zoning change because it will preserve Hidden Hollow’s open space forever. The KOPE Kids shared a model of the Hidden Hollow area they had constructed.

 

Upon receiving no further requests to address the Planning Commission, Mr. Smith closed the hearing to the public and opened it for Planning Commission discussion.

 

Motion for Petition No. 400-99-03:

 

Ms. Short moved, based on the findings of fact, to forward a favorable recommendation to the City Council to rezone the subject parcel from “OS” to “C-SHBD”. Mr. Snelgrove seconded the motion. Ms. Short, Ms. Barrows, Mr. Iker, Mr. Snelgrove and Mr. Steed voted “Aye”. Mr. DeMille, Ms. Funk, Ms. Kirk and Mr. Mariger were not present. Mr. Smith, as Chair, did not vote. The motion passed.

 

PUBLIC HEARING - The Salt Lake City Planning Commission is considering Petition No. 400-98-65, a legislative action item initiated by the City Council under the direction of Council Member Carlton Christensen. The proposal includes amending the Northwest Community and Capitol Hill Community Zoning Maps as they relate to several parcels throughout District 1. This petition also requires amending the master plans for the various properties being rezoned. This request includes rezoning properties, where the existing zoning allows the development of multi-family residential developments, to zoning which allows low density residential development (single family or single/two family dwellings.

 

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. She stated that staff analyzed all of District 1 looking for areas to decrease the potential for more multi-family housing. Staff has identified 13 areas. Ms. Coffey then spoke regarding the recommendation for Area 12. She stated that she forgot to put in her staff report to amend the master plan for that area and asked the Planning Commission to include that in their motion.

 

Mr. Smith opened the hearing to the public and asked if anyone wished to address the Planning Commission.

 

Mr. Brian Booth, a property owner in Area 5, asked about his three unit building and what will become of it with if the rezoning is approved. Mr. Wright responded to Mr. Booth that his triplex will become a nonconforming use. As a property owner, Mr. Booth will have the right to maintain the triplex and keep it viably active and occupied for as long as he would like.

 

Mr. Jon Robinson, a property owner in Area 11, stated that he would like the City to consider changing some of the property lines and the zoning classifications in the area of 600 West and North Temple.

 

Ms. Sandy Welch, a property owner in Area 7, had some questions on how to develop her property. Mr. Smith recommended that Ms. Welch meet with staff to discuss her options.

 

Mr. Nolam Larsen, representing John Powell who owns property in Area 4, requested that the zoning remain as it is for development purposes. Mr. Larsen explained his development proposal. Mr. Wilde stated that he has some concerns regarding the proposal because he does not see that there is enough square footage. Mr. Wilde then stated that Mr. Larsen could meet with staff to see what options would be available.

 

Mr. Brian Cook, a property owner in Area 4, stated that he would like to see that area developed as either multi-family or duplex.

 

Upon receiving no further requests to address the Planning Commission, Mr. Smith closed the hearing to the public and opened it for Planning Commission discussion.

 

Mr. Steed asked what options would be available under the “SR-3” zoning district. Mr. Wilde stated that the options include single family homes, twin homes or attached single family dwellings.

 

Mr. Snelgrove asked if it would be appropriate to defer a decision for Area 4 until Mr. Larsen has an opportunity to meet with staff and fully understand what he can or cannot do to his property. Mr. Snelgrove then asked if staff has a problem with rezoning this area to “SR-3”.

 

Ms. Barrows stated that she is concerned for the existing properties that are part of the streetscape and part of the community and that she would like to preserve the element of having houses face the street.

 

Ms. Coffey stated that from a community standpoint there is a lot of multi-family in Area 4 and the overall message in the master plan is to not allow for the negative impact from the apartments to cause problems for the single family character. Therefore, the downzoning is a way to try to prevent more multi-family. Something could probably be developed under the “SR-3”, but it does not address the concerns of the community or the initial concern of the petition to try and limit more density.

 

Further discussion followed in reference to Area 4 as to what options would be available to the property owner that would be acceptable to staff.

 

Motion for Petition No. 400-98-65:

 

Mr. Iker moved, based on the findings of fact, to transmit a favorable recommendation to the City Council to amend the Capitol Hill Community, Northwest Community and West Salt Lake Master Plans, the Guadalupe Target Area Plan, Euclid Target Area Plan and the Northwest and Capitol Hill Community Zoning Maps as follows:

 

Area 1 Rezone Property Business Park (BP) and amend the Northwest Community Master Plan to identify the area for Business Park land uses.

 

Area 2 Rezone vacant property “R-1-5000. Retain existing zoning on the two properties fronting on Redwood Road. Amend the Northwest Community Master Plan to identify the vacant property for low-density residential land uses.

 

Area 3 Rezone properties “R-1-7000”. Amend the Northwest Community Master Plan to identify these properties as low-density residential land uses.

 

Area 4 See below.

 

Area 5 Rezone the property to “SR-1” and amend the West Salt Lake and Euclid Small Area Plan to identify the area for low-density residential land uses transitioning to mixed use.

 

Area 6 Rezone the property “SR-3”.

 

Area 7 Rezone the area “SR-1” and “SR-3” (as shown on the map) and amend the Guadalupe Target Neighborhood Plan to identify the 600 West frontage property for low-density residential land uses.

 

Area 8 Rezone properties “SR-3”.

Area 9 Rezone properties “SR-3”.

Area 10 Rezone properties “SR-3”.

Area 11 Rezone properties “SR-3”.

Area 12 Rezone properties “SR-1” and amend the Capitol Hill Community Master Plan to identify the area for low-density residential development.

Area 13 Rezone the property “SR-3” and amend the Guadalupe Target Neighborhood Plan to identify the area for interior court residential development.

 

Mr. Iker further moved that Area 4 be tabled until the property owner has had an opportunity to meet with Planning Staff and that Planning Staff bring their final staff recommendation back to the Planning Commission within four weeks. Ms. Barrows seconded the motion. Ms. Short, Ms. Barrows, Mr. Iker, Mr. Snelgrove and Mr. Steed voted “Aye”. Mr. DeMille, Ms. Funk, Ms. Kirk and Mr. Mariger were not present. Mr. Smith, as Chair, did not vote. The motion passed.

 

PUBLIC HEARING - The Salt Lake City Planning Commission is considering Petition No. 400-99-02, a legislative action item initiated by the City Council. The proposal includes amending the Zoning Ordinance to require large Group Homes, Halfway Homes, Residential Substance Abuse Treatment Homes, Transitional Treatment Homes and Transitional Victim Homes, in Commercial, Downtown and Gateway Zoning Districts, to be processed as conditional uses rather than permitted uses in commercial, downtown and gateway zoning districts where these uses are currently allowed as a permitted use).

 

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.

 

Mr. Wright stated that the Salt Lake City Council passed a six-month Legislative Moratorium for large group homes and the transitional housing uses included in this petition. While the moratorium is in effect, any application for one of these types of uses cannot be allowed unless the applicant agrees to the application being processed as a conditional use.

 

Mr. Smith opened the hearing to the public and asked if anyone wished to address the Planning Commission.

 

Ms. Samantha Francis, Chair of the People’s Freeway Community Council, stated that the People’s Freeway Community is greatly impacted by the uses referred to in this petition. The People’s Freeway Community Council fully supports this petition because it will give the community an opportunity to have some input.

 

Ms. Valerie Fritz, representing Odyssey House, stated that she feels that reclassifying the uses referred to in this petition from permitted uses to conditional uses is a barrier that will make the application process more difficult for the agencies.

 

Mr. Doug Miller, also representing Odyssey House, stated that he works with the adolescent facility and that if it is harder to acquire sites, it will be difficult to find a home for the kids that are being treated. Those that are being treated are not just suffering from substance abuse, many of them have problematic home lives and he feels that it is very important that these kids have a home. Mr. Miller then stated that if the process goes from permitted use to conditional use it may be difficult to find homes for those that need one.

 

Mr. Steve Brezovec, a concerned citizen, stated that he knows of some adolescent facilities that are functioning very well in some areas that are highly residential. Dozens of people are coming out of these facilities that are being restored to a place of usefulness in society; Mr. Brezovec feels that this is partly due to the nature of the environment. Therefore, he feels that the uses referred to in this petition should remain permitted uses.

 

Mr. Jeff Davis, a concerned citizen, stated that he agrees with Mr. Brezovec’s comment about the environment having a lot to do with people recovering while living in an adolescent facility. If this petition is approved and the uses become a conditional use process, he feels that it is very important that the City Council members understand what types of environments will help people to recover.

 

Mr. John Frances, Vice-Chair of the People’s Freeway Community Council, stated the primary reason that the People’s Freeway Community Council proposed this petition to the City Council was to promote the integration of the people using these facilities into the neighborhood environment.

 

Mr. Wright stated that having a conditional use process for the facilities referenced in this petition will give the City the opportunity to analyze the environment, have the community involved in the dialogue and place some conditions, if necessary, to mitigate impacts in the Commercial, Downtown and Gateway zoning districts. The City believes that there are certain locations in these zoning districts which may not be an appropriate location for these facilities because of the type of environment. Mr. Wright then explained the conditional use process.

 

Upon receiving no further requests to address the Planning Commission, Mr. Smith closed the hearing to the public and opened it for Planning Commission discussion.

 

Ms. Short then asked Ms. Fritz to share with the Planning Commission what is onerous about the process. Ms. Fritz stated that she does not look at the process as onerous because the Odyssey House likes to have a good rapport with their neighbors and Odyssey House does not want to move into a neighborhood that is not suitable. However, the process does make the procedure harder and more costly.

 

Mr. Iker stated that he thinks that if there is no way for the public to express their opinions, regarding these issues, then it creates hostility. The conditional use process may impose some additional work, but he feels that it will bring better results in the long run than if there is no conditional use process.

 

Motion for Petition No. 400-99-02:

 

Mr. Steed moved, based on the findings of fact, to transmit a favorable recommendation to the City Council to amend the Salt Lake City Zoning Ordinance to allow large group homes, halfway homes, residential substance abuse treatment

homes, transitional treatment homes and transitional victim homes as conditional uses in Commercial, Downtown and Gateway zoning districts. Mr. Steed further moved to transmit a favorable recommendation to the City Council to amend the Salt Lake City Zoning Ordinance to allow small group homes as a permitted use wherever dwellings are permitted. Ms. Short seconded the motion. Ms. Short, Ms. Barrows, Mr. Iker, Mr. Snelgrove and Mr. Steed voted “Aye”. Mr. DeMille, Ms. Funk, Ms. Kirk and Mr. Mariger were not present. Mr. Smith, as Chair, did not vote. The motion passed.

 

PUBLIC HEARING - Petition No. 410-326 by Craig W. Mecham requesting a conditional use for a commercial Planned Development to build a six-story office building with underground parking located at approximately 2170 South 1300 East in the Sugar House Business District “C-SHBD” zoning district.

 

Mr. Max Smith noted that this request has been postponed until a future Planning Commission meeting.

 

OTHER BUSINESS

 

Consider a request by Jeff Jonas for an extension of time regarding Petition No. 410-301 by Winthrope Court, L. C. requesting a residential Planned Development at 550 to 558 East 300 South and 326 to 352 South 600 East, in Residential Mixed-Use “RMU” and Residential “RMF-75” Zoning Districts.

 

Mr. Wright stated that Mr. Jeff Jonas has requested a one year extension of time as he works towards financing and preparing the design for the development of the housing project.

 

Ms. Short moved to grant the time extension for one year with the clarification that the approval is for the originally proposed Planned Development only. Significant changes to the development including, but not limited to, increased acreage, above ground parking or significantly differing densities, may require new Planning Commission approval. Ms. Barrows seconded the motion. Ms. Short, Ms. Barrows, Mr. Iker, Mr. Snelgrove and Mr. Steed voted “Aye”. Mr. DeMille, Ms. Funk, Ms. Kirk and Mr. Mariger were not present. Mr. Smith, as Chair, did not vote and more specifically abstained. The motion passed.

 

Mr. Wilde noted that Planning Commissioner Gregory DeMille has requested a three to four month leave of absence due to his ailing mother and the death of a brother. Mr. Wilde then asked the Planning Commissioners if they had any objections. There were not objections to Mr. DeMille’s leave of absence.

 

There being no further business, the meeting adjourned at 7:10 p.m.