SALT LAKE CITY PLANNING COMMISSION Minutes
451 South State Street, Room 126
Present from the Planning Commission were Chairperson Judi Short, Kay (berger) Arnold, Andrea Barrows, Robert "Bip" Daniels, Arla Funk, Diana Kirk, Craig Mariger, Vice-Chairperson Max Smith, Stephen Snelgrove and Mike Steed. Jeff Jonas was excused.
Present from the Planning Staff were Planning Director William T. Wright, Deputy Planning Director Brent Wilde, Doug Dansie and Ray McCandless.
A roll is being kept of all that attended the Planning Commission meeting. Ms. Short called the meeting to order at 5:30 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.
Ms. Short welcomed Kay (berger) Arnold as a new member of the Planning Commission.
APPROVAL OF MINUTES
Mr. Steed moved to approve the minutes of Thursday, December 9, 1999. Mr. Daniels seconded the motion. Ms. Arnold, Ms. Barrows, Mr. Daniels, Ms. Funk, Ms. Kirk, Mr. Mariger, Mr. Smith, Mr. Snelgrove and Mr. Steed voted "Aye". Mr. Jonas was not present. Ms. Short, as Chair, did not vote. The motion passed.
PUBLIC HEARINGS
PUBLIC HEARING – Petition No. 400-99-49 by Prowswood requesting that the property located between North Temple & 500 North and between 500 West & approximately 450 West be rezoned from Manufacturing "M-1" to a zoning district which allows the development of multi-family residential, townhouses and live/work space. In response, two new zones are being created, as part of this Petition, consistent with the Capitol Hill Master Plan, to accommodate the proposed development. The two zoning districts are Residential Mixed-Use "R-MU-35" and "R-MU-45", which encourage residential development while allowing for a variety of non-residential support services.
PUBLIC HEARING – Petition No. 400-99-61 by Salt Lake City Transportation Division requesting that 500 North Street be closed at the 500 West railroad crossing.
Planning Commission Meeting 1 January 6, 2000
Ms. Short stated that Petition No. 400-99-49 and Petition No. 400-99-61 are related and will be presented by Mr. Doug Dansie, after which the hearing will be opened to the public to address both petitions. Ms. Short then noted that both petitions have been changed to "issues only" hearings due to concerns that have been brought to the Planning Commission's attention. Therefore, the Planning Commission will accept public comment on these items, but will not be taking a formal vote until a future Planning Commission meeting.
Petition No. 400-99-49:
Mr. Doug Dansie 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. Dansie then stated that if the property is rezoned, Prowswood would like to construct a residential planned development including traditional multi-story apartment buildings, townhomes and live/work spaces. Details of the final project, including the percentage of affordable units and sizes will be considered during the planned development process.
The Planning Commissioners then asked questions of Mr. Dansie relating to the rezoning petition.
Mr. Steve Brown, Vice-President of Prowswood, was present for this portion of the meeting and stated that he was in agreement with the staff recommendation. Mr. Brown then presented the proposed project, using a conceptual site plan of the residential planned development, for the Planning Commission's review.
The Planning Commissioners then asked questions of Mr. Brown relating to the proposed residential planned development.
Mr. Smith spoke concerning parking and asked if the proposed parking would exceed the City's present requirement. Mr. Brown stated that he believes that the proposed parking will not exceed the City's present requirement.
Ms. Arnold asked how many one bedroom units there would be in the proposed project. Mr. Brown responded by stating that the current proposal for the project is 126 one bedroom units and 75 two bedroom units.
Petition No. 400-99-61:
Mr. Dansie 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. Dansie then stated that the primary purpose of the rail crossing closure is safety and noise. The present site is ungated and unsignaled and, therefore, dangerous for auto or pedestrian crossing. Two other crossings, 300 North and 400 North, presently have flashing signals and crossing gates. Prowswood is proposing to provide directional horns at 300 and 400 North to reduce noise levels in the area from trains sounding horns at the at-grade crossings. Directional horns are not viable at 500 North without signalization.
The Planning Commissioners then asked questions of Mr. Dansie relating to the 500 North closure petition.
Mr. Mariger asked why the railroad company could not be required to install signalization at 500 North. Mr. Dan Bergenthal, representing Salt Lake City's Transportation Division stated that the railroad company's attitude is such that if someone wants to upgrade the crossing, the railroad company will not help because the crossing has been without signalization for the past several years. Mr. Mariger then stated that he is unclear about the reasoning for the closure of 500 North. He is not sure if the crossing is being closed for safety reasons or to reduce noise so that people will purchase housing within the proposed residential planned development. If the reasoning is to reduce noise, then he is concerned that the closure is to assist the developer in developing some property.
Ms. Short opened the hearing to the public and asked if anyone wished to address the Planning Commission.
Ms. Katherine Gardner, representing Capitol Hill Community Council, stated that the community council had some concerns about traffic and has recommended that there be two lanes of traffic going each way to accommodate all of the vehicle traffic. Capitol Hill is also a big supporter of commuter rail and asked that any changes made will not inhibit the development of commuter rail in the future. Ms. Gardner then stated that the community council is not in favor of closing 500 North because it ties the Capitol Hill area with the west area. Therefore, she would like to see that 500 North be upgraded and left open.
Mr. Bruce Newman, representing the Fairpark Community Council, stated that the community council voted in favor of closing 500 North because they realized that the possibility of upgrading 500 North was quite slim. The council voted in favor of the closure because they feel that currently there is not much going on at 500 North. Also, the noise from the trains is a huge detriment to the neighborhood. Mr. Newman then stated that someday he hopes to see an underpass at 300 North which would be a needed link between the two neighborhoods. Mr. Newman also asked that the community council have the opportunity to input on the design to make sure that the units are compatible with the surrounding neighborhood and will encourage people to live there as a long-term investment and lifestyle.
Ms. Bonnie Mangold, trustee for the Capitol Hill community, spoke concerning the Capitol Hill Master Plan which was just recently forwarded to the City Council from the Planning Commission. She then stated that one of the changes that was voted on by the Planning Commission was the identification of 500 West as a transportation corridor. Ms. Mangold then pointed out that the identification of 500 West as a transportation corridor is not currently displayed on the land use map being referred to for this petition. Ms. Mangold then asked staff to be sure to make this identification on future land use maps.
Ms. Hermoine Jex, Capitol Hill Neighborhood Council Historian, submitted a written statement, a copy of which is filed with the minutes. Ms. Jex then asked the Planning Commission to delay their vote on the two petitions until a plan and a map is provided to the Capitol Hill Neighborhood Council for their review at their meeting on January 19, 2000. The map should include the width of 500 West from South Temple to about 1800 North, the location of railroad right-of-ways, the commuter rail needed right-of-ways and the boulevard for cars.
Mr. Wilde responded to Ms. Jex by stating that the requested information will be provided for the Capitol Hill Neighborhood Council's meeting on January 19, 2000.
Mr. Hank Kaufmann, a property owner in the area, stated that he is in favor of the proposed rezoning and street closure, however, he is concerned about the future for "M-1" zoning in the area.
Mr. Wilde then stated that the during the Capitol Hill Master Plan process, the area in question was identified as a mixed-use area, specifically, to attract residential housing. Over a period of time, there will be an ongoing effort to integrate housing and improve the visual quality of the neighborhood.
Mr. Mark Turrel, a business owner in the area, stated that he just recently heard about the street closure so he is not as prepared to speak as he would like to be. However, he is not in favor of the closure of 500 North because his business is located at 448 West 500 North. He feels that the closure of 500 North will hinder any business coming into his yard.
Mr. Mark May, a business owner on 600 North between 400 West and 500 West, stated that he too just heard about the street closure. Mr. May then stated that he also concerned about access to his business if 500 North were closed, therefore, he is not in favor of the closure. He then stated that he feels that the businesses are being hindered in favor of trying to reduce the train noise for housing.
Ms. Shirley McLaughlan, a resident in the Capitol Hill Community, stated that she thought someone would be present from General Distributing, a business in the area, to address their concern. Ms. McLaughlan then stated that she is aware that access will be a concern for General Distributing if 500 North were closed.
Mr. Oscar Gruttr, a property owner in the area, stated that he is opposed to the closure of 500 North. He then stated that he too is concerned about access to his businesses if 500 North were closed.
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.
The Planning Commissioners discussed their concerns about closing 500 North. Mr. Mariger feels that 500 North is being closed for noise issues not safety issues. Mr. Mariger then stated that he feels that the developer is asking the Planning Commission to shift the burden of the costs to reduce the noise of the train. Mr. Mariger continued by stating that he feels that the developer should suffer the burden of the costs to upgrade 500 North so that the existing businesses do not suffer if 500 North were to be closed.
Mr. Steed stated that he feels that reducing the noise of the train at 500 North will benefit both sides of the track because of existing housing and future housing. Mr. Steed then noted that the Fairpark Community Council spoke in favor of closing 500 North because it will provide the community with less noise. Mr. Steed then stated that the noise mitigation may benefit the developer, however, it is important to remember that the existing home owners will also benefit.
Mr. Snelgrove stated that he agrees with Mr. Mariger and then stated that if access to their businesses is diminished or made very difficult, that is a clear burden on them and could possible have an economic impact.
Mr. Daniels stated that there needs to be more information submitted to the Planning Commission concerning safety issues at the 500 North crossing before a decision is made. Mr. Daniels then stated that he would like to see more information as to the impact the existing businesses will suffer if 500 North is closed.
Ms. Arnold stated that she feels that a representative from the Fire Department should be present to discuss the closure when this issue is heard again by the Planning Commission. Ms. Arnold then requested that exact information be submitted as to who is responsible for the cross-arms. Mr. Mariger agreed with Ms. Arnold and then stated that he would also like to know what the estimated cost is for upgrading 500 North.
Mr. Smith stated that he is surprised about hearing that 500 West is to be a major auto boulevard. Other Planning Commission members stated that they too were surprised and thought that 400 West was to be the major auto boulevard not 500 West.
Mr. Wilde stated that he believes the language is in the Capitol Hill Master Plan with the intent to shift the burden of 300 West to 400 and 500 West with 500 West carrying a larger load than it has in the past.
Mr. Smith then stated that he is very pleased about the mixed use development happening at this time and he feels that the Planning Commission should encourage the development.
Mr. Wilde stated that staff has brought the closure of 500 North to the Planning Commission realizing that there were some loose ends with the Fire Department. He feels that the public has submitted good comments. Staff will focus specifically on the issue of safety verses noise. Staff will also attend the Capitol Hill Community Council meeting on January 19, 2000 and answer as many questions as possible in a visual layout. As soon as the staff feels like the issues have been addressed, the two petitions will be brought back to the Planning Commission for further review and action.
Mr. Smith then stated that he feels that if the housing plan is to move ahead, it is critical that they not have to provide more parking than is necessary to meet their market needs. He then stated that he would rather see open space than unnecessary parking.
PUBLIC HEARING – Case No. 410-378 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 1969 West 700 North in a Residential "R-1/5,000" zoning district;
AND, Case No. 410-382 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 130 S. McClelland Street in a Moderate Density Multi-Family Residential "RMF-30" zoning district;
AND, Case No. 410-386 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 824 S. Roberta Street in a Moderate Density Multi-Family Residential "RMF-30" zoning district;
AND, Case No. 410-404 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 724 East 700 South in a Moderate Density Multi-Family Residential "RMF-35" zoning district;
AND, Case No. 410-406 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 329 S. Laker Court in a Moderate Density Multi-Family Residential "RMF-35" zoning district;
AND, Case No. 410-407 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 740 East 100 South in a Moderate Density Multi-Family Residential "RMF-45" zoning district;
AND, Case No. 410-408 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 822 S. Jefferson Street in a Downtown "D-2" zoning district.
Mr. Ray McCandless presented the staff report outlining the major issues of the cases, the findings of fact and the staff recommendation, a copy of which is filed with the minutes.
Mr. Larry Cox, representing AT&T, was present for this portion of the meeting to answer questions and address concerns.
Ms. Short opened the hearing to the public and asked if anyone wished to address the Planning Commission.
Ms. Sara Thygerson and Mr. Craig Thygerson, residents near the cabinet being proposed at 724 East 700 South (Case No. 410-404), were present for this portion of the meeting. Ms. Thygerson then asked the Planning Commission to not take action on this case until it is determined who owns the right-of-way where the cabinet is being proposed to be placed. Ms. Thygerson then stated that the right-of-way behind their home is used when there would be remodeling projects and extensive yard work. She believes that if the cabinet were placed in the right-of-way it would not leave enough room for a trailer to pass by to access their rear yard. Ms. Thygerson stated that he has a few other concerns such as graffiti and the possibility of someone using the cabinet as a spring board to get over her fence into her yard.
Ms. Deetta Barta, a resident near the cabinet being proposed at 724 East 700 South (Case No. 410-404), was not present, however, she submitted a written statement, a copy of which is filed with the minutes. Ms. Barta stated that she feels that the cabinet is an eye sore and will be too noisy. She also feels that the cabinet is a health and safety risk.
Ms. Arnold asked if title work is required to identify ownership prior to a conditional use application being submitted. Mr. McCandless stated that a conditional use application goes into some degree of depth in terms of ownership. However, title work is not required as part of the conditional use application. Mr. Wilde stated that TCI will eventually make that determination on all sites. Staff's request of TCI is to resolve ownership issues before the conditional use applications come to the Planning Commission for approval.
Mr. Dan Jensen, Vice-Chair for People's Freeway Community Council, stated that the council voted unanimously for the proposed cabinet at 822 S. Jefferson Street (Case No. 410-408). Mr. Jensen then stated that he used to live next to one of these cabinets when he lived in California. He addressed concerns such as noise levels and graffiti and stated that unless someone is sitting right next to the cabinet it is not heard and any graffiti was easily wiped off.
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 Case Nos. 410-378, 410-382, 410-386, 410-406, 410-407, 410-408
Mr. Smith moved, based on the findings of fact, to approve Case Nos. 410-378, 410¬382, 410-386, 410-406, 410-407, 410-408 subject to the following conditions as listed in the staff report:
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 and resolving any franchise agreement issues with the City Attorney's Office.
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 If TCI or its related entities install cabinets underground, or partially underground, in other community, TCI will retrofit this equipment within one year of availability of this technology, provided, TCI shall not be required to retrofit any equipment before the expiration of five years of the date of its approval. When new technology becomes available, the Planning Commission will no longer accept and/or approve above ground cabinets.
7 All lease agreements with property owners shall contain a 'hold harmless' language to sufficiently protect the property owner from liability.
Mr. Smith further recommended the following site-specific conditions:
Case No. 410-378:
1. As this is in the public way, landscaping should be installed around the cabinet to mitigate visual impacts. A landscaping plan should be provided and approved by the Planning Director.
Case Nos. 410-382, 410-386, 410-406:
1. These sites are on a private right-of-way, owned by multiple property owners. The applicant will need to secure an easement from all owners having an interest in the properties.
Mr. Snelgrove seconded the motion. Ms. Barrows, Mr. Daniels, Ms. Kirk, Mr. Mariger, Mr. Smith, Mr. Snelgrove and Mr. Steed voted "Aye". Ms. Arnold abstained. Ms. Funk and Mr. Jonas were not present. Ms. Short, as Chair, did not vote. The motion passed.
Motion for Case No. 410-404:
Mr. Smith moved to table Case No. 410-404 until the petitioner either resolves the concerns of the property owners of the public right-of-way or locates a different site. Mr. Steed seconded the motion. Ms. Barrows, Mr. Daniels, Ms. Kirk, Mr. Mariger, Mr. Smith, Mr. Snelgrove and Mr. Steed voted "Aye". Ms. Arnold abstained. Ms. Funk and Mr. Jonas were not present. Ms. Short, as Chair, did not vote. The motion passed.
OTHER BUSINESS
Follow-up report on Case No. 410-308, heard on May 21, 1998, by the Homeless Youth Resource Center requesting a transitional treatment home located at 718 South 600 East in a Residential/Historic “RMF-30” zoning district.
Mr. Brent Wilde presented the follow-up report by stating that the Homeless Youth Resource Center located 718 South 600 East was approved on May 21, 1998 subject to eight conditions. One of the conditions requires that the Planning Commission be updated one year from the approval date. Mr. Wilde then stated that, after some fine tuning, the Homeless Youth Resource Center is operating within defined limits and is a reasonable neighbor in the Central City neighborhood.
There being no further business, the meeting adjourned at 7:35 p.m.