SALT LAKE CITY
PLANNING COMMISSION MEETING
In Room 326 of the City & County Building
451 South State Street, Salt Lake City, Utah
Present for the Planning Commission meeting were Vice Chair Matthew Wirthlin (Acting chairperson for the meeting); Commissioners Babs De Lay, Tim Chambless, Susie McHugh, Prescott Muir, Kathy Scott, and Mary Woodhead. Chairperson McDonough and Commissioner Frank Algarin were not able to attend the meeting. Commissioner Robert Forbis was previously excused for an extended leave of absence.
Present from the Planning Division were George Shaw, Planning Director; Douglas Wheelwright Deputy Planning Director; Cheri Coffey, Deputy Planning Director; Nick Norris, Principal Planner, Katia Pace, Associate Planner; Ray McCandless, Senior Planner, and Tami Hansen Senior Secretary. Also present were: City Staff members John Naser, Engineering Division Director; Kevin Young, Transportation Planning Engineer, and D.J. Baxter, Redevelopment Agency Director.
A roll is being kept of all who attended the Planning Commission Meeting. Chairperson Wirthlin called the meeting to order at 5:49 p.m. 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: Tim Chambless, Kathy Scott, Susie McHugh, Prescott Muir, Matthew Wirthlin and Mary Woodhead. Planning Staff present were: Doug Wheelwright, Nick Norris, and Katia Pace.
APPROVAL OF THE MINUTES from Wednesday, June 27, 2007.
(This item was heard at 5:50 p.m.)
Commissioner McHugh made a motion to approve the minutes with noted changes. Commissioner Muir seconded the motion; all voted ‘Aye’, the minutes were approved.
REPORT OF THE CHAIR AND VICE-CHAIR
(This item was heard at 5:50 p.m.)
Acting Chairperson Wirthlin noted that he and Chairperson McDonough had met with Van Turner and Jill Remington-Love from the City Council and discussed a variety of issues including the city-wide conditional use review and the status of the PRI (skybridge) application, and expressed a desire to meet on a monthly basis with them to create an open dialogue between the City Council and Planning Commission, which they agreed they would do.
REPORT OF THE DIRECTOR
(This item was heard at 5:51p.m.)
Mr. Shaw noted that the North Temple Trax line study is progressing, and that UTA is close to giving staff feed back on their recommended alignment. He noted that staff is going to try and bring a briefing to the Planning Commission in conjunction with the City's Transportation Advisory Board; so that they can start looking at what issues might arise before the public hearing.
Mr. Wheelwright updated the Commission on the status of Petition # 400-06-35 requesting SLC to Amend the Zoning Ordinance text regarding height limits in the M-1 Light Manufacturing Zoning District as to chimneys, smokestacks, and distillation columns up to 120 feet.
He noted that the airport had objections regarding this text, so staff had revamped the language pertaining to this petition. He noted there has also been some interest expressed by the community and Community Development Director Louis Zunguze and subsequently this petition will no longer be going forward, because it is in conflict with the airport and a new FAA regulation that will be taking effect in January 2008, which will greatly reduce the taper angle for the approach zone on the airport that accommodates planes that are in distress. He noted that the particular location that staff was looking at would have penetrated that same surface by four feet. He noted that all options were being explored to see if the distillation column could be shortened by four feet.
Mr. Wheelwright stated that the general exception for chimneys, smokestacks, and distillation columns is not acceptable to the airport, and if they could not work this out, this particular use will not be in the City and the issue would be dropped, keeping the 65 foot height limit that is currently allowed in the M-1 Zone.
PUBLIC HEARINGS
(This item was heard at 5:56 p.m.)
Petition 400-07-10— a request by the Salt Lake City Transportation Division to close the southern portion of South Temple Street from approximately 750 West to 900 West Street. The proposed street closure is part of the Grant Tower Realignment Project.
Chairperson Wirthlin recognized Katia Pace as staff representative.
Ms. Pace introduced John Naser; project manager of the Grand Tower's realignment project and Kevin Young, City Transportation Planning Engineer. She noted that this petition was initiated by the City's Transportation Department.
Ms. Pace stated that within the Euclid neighborhood there was a request to close the southern portion of South Temple between 900 West to approximately 750 West (where the freeway intersects). Part of the realignment project was to abandon the railroad right-of-way on Folsom Avenue and also on 900 South in the Poplar Grove neighborhood. There are two railroad lines on South Temple, and with the proposed realignment there would be three.
Ms. Pace stated that 800 West would remain open for traffic, and a hammerhead would be created on Jeremy Street. She noted that this was one of the slowest railroad lines in the nation and that it backed up train traffic all over the country, so it would be of great benefit to reconfigure these lines. Some additional benefits of the street closure would be having an eight inch (8'') curb wall to keep car traffic and train traffic separated. There would be quad gates with wider pavements and islands placed on 800 and 900 South and 1000 West, which would create a quiet zone because the trains would not need to blow their horns. This would also allow for the improvement of the northern portion of South Temple Street. There would be two lane traffic, curb and gutter, a continued sidewalk, and on-street parking.
Ms. Pace noted that by abandoning the Folsom right-of-way, there would be potential to resurface City Creek and develop trails that would connect to the Jordan River Parkway trail system. Some issues that had already been negotiated with the Engineering and Property Management Department include: first, access to two of the properties on South Temple Street, it was proposed that this property owner on 817 South would be granted a driveway that would give him access on 800 West. Second, Eazy Carwash owns four lots in this area, and one solution would be to consolidate these lots into one lot and have the frontage of the property face 900 West.
She noted that the property owner at 14 Jeremy Street had a lot of clients that use trucks and there was an issue whether he would have room for the trucks to turn around, even when using the hammerhead, also, a secondary access from South Temple Street will be eliminated.
Ms. Pace noted that there is another property on 833 West South Temple, where the tenants used South Temple Street for parking which would be eliminated by this closure, which was a huge issue for the business owner.
Ms. Pace noted that at the Open House one of the concerns raised was that the section of Folsom Avenue that is underneath the freeway would have an increased transient population because it would be an open area. She noted that City Creek would surface here and possibly eliminate that. Ms. Pace noted other concerns from the public were cars speeding to beat the trains, trains blocking the intersections, and trains generating noise. She noted that the realignment would allow the trains to go a lot faster and the intersections would not be blocked.
Commissioner Woodhead inquired if there was an actual enforceable agreement with Union Pacific to abandon the Folsom Line.
John Naser noted that by agreement Union Pacific would abandon the 900 South line and the Folsom line as soon as the Grant's Tower track was operational. They would have 180 days after the trains were operational to abandon those lines, and the agreement was enforceable and currently in place.
DJ Baxter noted that Union Pacific had applied for and received conditional approval from the STB to abandon the 900 South line, with the condition of this approval being the completion of the Grant Tower project. He noted that any kind of regulatory barrier would be removed regarding the abandonment of the line and the only barrier that might remain was a contractual one between the City and the railroad, which can be enforced.
Commissioner Woodhead inquired if there was a similar enforceable abandonment of the Folsom line.
Mr. Baxter noted that it was a different situation due to the fact that the Folsom line was parallel and so close to the South Temple Street tracks, the Federal Service Transportation Board sees them as a single alignment, and therefore the railroad does not feel they need to seek abandonment authority to abandon that corridor, because they would be duplicating that service a couple hundred feet away.
Commissioner De Lay inquired about what Grant's Tower was.
Mr. Baxter noted in the past it was a control tower when there were numerous railroad companies coming through this area, but the control tower was not there anymore.
Mr. Naser noted that there is just a little white building left that is full of switchgear for Union Pacific. He noted that is not necessarily a place, but a railroad operating system.
Commissioner McHugh inquired about the timeframe to bring City Creek back to the surface.
Mr. Baxter noted it was a funding issue.
Commissioner De Lay noted that several of the neighborhood comments have been that if a new park is going to be put in this area it would turn into the new Pioneer Park.
Mr. Baxter noted that the property would be owned by Union Pacific and they have a very aggressive police force that patrols that area.
Commissioner De Lay noted that about 30-40 times a night she hears train whistles coming through the area and wondered what the impact on the noise pollution would be if the new changes were installed.
Mr. Baxter said there should be no noise pollution unless the engineer sees some kind of emergency.
Commissioner Chambless inquired about the 24 hour police patrol, and the possibility of a possible video monitor feed if the public wanted to gather there.
Mr. Baxter noted that the Union Pacific police were quite diligent and aggressive and he suspected that people would not be able to gather for very long if they tried.
Commissioner Chambless inquired about lighting in the area.
Mr. Baxter noted that the lighting would be standard as to what is seen on all city streets and all of the street crossings.
Commissioner McHugh inquired about the hammerhead in the area regarding property owners complaint about it not being large enough for semi trucks, she noted that if the hammerhead was adequate enough for the City fire trucks to turn around it should be adequate for the property owner to have loading trucks going in an out of the property.
Mr. Naser noted that a City standard hammerhead would be placed in the area that would meet the dimensions required by the fire department.
Chairperson Wirthlin opened up the public hearing portion of the meeting.
Clarence Walker (833 W. South Temple Street) noted that he had sent a letter to the Commission; his biggest concern was that his property would be damaged because of this petition and that his address would change from South Temple to Jeremy Street, which is hard to locate if you are not familiar with the area.
Commissioner Chambless inquired how long Mr. Walker had owned the property.
Mr. Walker noted since 2001, but business had been performed there for the last 40 years. He noted that his tenant was being persuaded to move out by the changes going on.
Commissioner Chambless inquired if parking for his business was on street.
Mr. Walker noted that it was, but there were only three stalls on Jeremy Street that could be used and if the hammerhead was put into place that could make things worse.
Commissioner McHugh noted that Mr. Walker's building faced and had an entrance from Jeremy Street.
Mr. Walker noted that this was true, but the three stalls did not service employees and customers who routinely used South Temple Street to access the business.
Commissioner Scott inquired if there was off street parking on the property.
Mr. Walker noted there was not.
Commissioner McHugh noted that there was a long driveway on the Southside of the building where there was one vehicle parked with room for more to fit behind it.
Mr. Walker noted that was true, but they would have to be moved if an eighteen wheeler truck needed to access the building, because that was the driveway into the warehouse.
Commissioner Woodhead inquired if the on-street parking on Jeremy Street was generally full, and where the employees parked on a regular basis.
Mr. Walker noted that that there was not any additional parking other than South Temple Street.
Commissioner Woodhead noted that it seemed that there was a lot of additional on-street parking on Jeremy Street.
Mr. Walker noted that during the day the street was pretty densely parked.
Joe Broschinsky (14 Jeremy Street) noted that there was no way that a 55 foot trailer could turn around in the hammerhead; he noted that they had to back out to 100 South to get out of the area. This project would lower his property values and he felt that the petition was a done deal and stated that construction had already started in the area.
Ms. Pace noted that the petition was presented to the public in an Open House and it was the same plan that the Commission was reviewing tonight.
Commissioner Scott noted that she saw a loading door on the north side of the property and inquired if it was used.
Mr. Broschinsky stated that it was used, but due to the construction blocking the door he would have to drive his forklift onto 100 South and back around to empty the building. He noted that he had no prior notice that the construction would block all of that off. He noted that the original meetings showed that South Temple would be left open as a one way road.
Commissioner Woodhead inquired when the street construction started.
Mr. Broschinsky noted that it was about two weeks ago.
Commissioner De Lay inquired of staff a brief history on this project, because she had seen this information many times in the past.
Mr. Broschinsky noted that there were public hearings, but the original plan did not include the closure of South Temple Street.
Mr. Naser noted that all of the discussions held while planning the project mentioned that South Temple Street was viewed as a potential closure and a rebuilding of the road on the north side of the street. He noted that it was a safety issue to have a road within close proximity to a train track.
Commissioner De Lay inquired about the claim that the work had already started on this site.
Mr. Naser noted that the work was started on Grant's Tower because of the timeframe that is needed for commuter rail to be completed into Salt Lake City, which has to be operational by approximately January 2008, but before that can happen Union Pacific needs to move out of the way.
Commissioner McHugh noted that technically South Temple Street is not being closed if you consider the north side of the street being open two-way, which might have lead to some of this confusion.
Commissioner Muir noted that in the staff report it indicated that Property Management was pursuing acquiring the rights-of-way for this project to happen and inquired about what exactly that meant.
Mr. Naser noted that the access of Mr. Broschinsky door would need to be looked at and there could be some room for him to obtain a bit of an access there. He noted that as far as acquisition of property, the Planning Commission did approve some demolitions, where the property east of 800 West was demolished. He noted that the entire construction currently taking place was within the City's right-of-way.
Commissioner Scott noted that if a positive recommendation went forward from the Commission this evening, she would request that Property Management would then work with Mr. Broschinsky to compensate him for his loss of door access from a public street.
Mr. Naser noted that Property Management would review this.
Mr. Broschinsky noted that he was in contact with John Spencer about the door and had only one return call. He noted that all he wanted was to see a plan regarding what was going on.
Commissioner De Lay noted that the Transportation Department had recommended approval subject to the railroad alignment relocation project addressing the transportation needs of the abutting properties impacted by the closure. She inquired if there was a plan submitted for these properties.
Mr. Naser noted that he would be willing to meet with Mr. Broschinsky to work something out.
Commissioner De Lay noted that there should also be better signage for Jeremy Street.
Chairperson Wirthlin inquired about Mr. Naser's opinion regarding the space available to turn trucks around in the area.
Mr. Naser noted that trucks should be able to turn around in the hammerhead, and there might be some restrictions, but it would be built to City standard.
Kyle LaMalfa (150 South 800 West) noted that the pedestrian traffic had changed a lot since the construction had begun. He noted there was a lot of transient traffic that was routed into his neighborhood due to construction. He proposed that the Grant's Tower project maintain a pedestrian corridor along Folsom Street that would connect with downtown, so that pedestrians from the inner model hub could use a path that did not go through a residential neighborhood.
Commissioner Woodhead noted that there was no street access from 200 South to 800 West, so pedestrians were crossing under the overpass a vacant UDOT property.
Mr. LaMalfa noted that was correct.
Commissioner De Lay inquired of Mr. Baxter if there was a way to compel UDOT to secure this area, because there were other complaints from neighbors in that area regarding this problem.
Mr. Naser noted that one of the problems with pedestrian traffic was that the 800 West Street was torn out, but in a couple of months it would be restored. He noted that when Folsom Avenue was completed there would be a connection to the Jordan River Parkway trail, and it would cross over the top of Union Pacific's tracks via a protected crossing, and follow the north side of South Temple Street.
Commissioner De Lay clarified that the problem would be addressed, and the neighborhood just needed to be patient.
Commissioner Woodhead inquired if UDOT was looking at fencing off the lot, because it was a highly populated transient sleeping and camping area, along with the traffic.
Mr. Naser noted he did not know if UDOT was working on that.
Commissioner Chambless stated that he would like to see this area monitored, and would like to have the City pursue this.
Mr. LaMalfa noted that he felt that the route that the City was anticipating for pedestrian traffic was too long for those walking to the bus stop.
Mr. Naser noted that people might still cut through his neighborhood, but technically they were dealing with safety issues to not have pedestrians crossing the train tracks.
Rick Andrews (920 West South Temple) noted that he owned property in the area and he would like to see the plan in writing so he would know what was exactly going on and when. He noted that he was afraid that his parking would be lost due to widening the road.
Mr. Naser noted that on the west side of 900 West nothing would change, except a curb would be put around the corner to protect the railroad gate, and he would be happy to show Mr. Andrews the roadway plans.
Chairperson Wirthlin invited the applicants back to the table.
Commissioner De Lay noted that she would like to add a third recommendation, That the City address to the best of it's abilities the parking and loading transportation needs of the abutting property owners and that the City address with UDOT better security of the lot at 800 West and 200 South. The City should also identify parking and provide new and visible street signage for Jeremy Street.
Commissioner Scott added a further recommendation stating, The City fairly compensate abutting property owners for loss of access for public right-of-way.
Chairperson Wirthlin noted that seemed to be a legal issue that the Commission could not control.
Commissioner De Lay made a motion regarding Petition 400-07-10 based on the analysis, testimony, and findings heard this evening and found in the staff report, the Planning Commission forward a positive recommendation to the City Council to approve an ordinance to close a portion of the southern half of South Temple Street from 750—900 West subject to the following conditions:
1. That the hammerhead on Jeremy Street should comply with the Fire Department's standards, and that there should be a hydrant every 200 feet.
2. That the City should document the non-compliance relating to frontage landscape requirements the street closure creates on the properties 817 and 821 West South Temple Street.
3. That the City shall address to the best of its abilities, the parking and loading transportation needs of the abutting transportation owners.
4. That the City address with UDOT better security of the lot at 800 West and 200 South.
5. That the City better identify street parking with new signage on Jeremy Street and actual new street signage identifying Jeremy Street itself.
Commissioner Chambless seconded the motion. All in favor voted, "Aye", the motion carried unanimously.
Petition 400-07-02— a request by the Salt Lake City Transportation Division to close a portion of 700 South Street immediately west of 600 West Street to facilitate a railroad “Quiet Zone” in a General Commercial (CG) Zoning District.
(This item was heard at 6:54 p.m.)
Chairperson Wirthlin recognized Ray McCandless as staff representative.
Mr. McCandless noted that the project was part of the Grant Tower realignment would help increase the safety in the area. He noted that the City would retain ownership of this property and there would be directional signage placed in the area in addition to curb and gutter along this portion of the street.
Chairperson Wirthlin observed that there was no public present to speak for the petition and no comments from the Planning Commissioners.
Commissioner Scott made a motion regarding Petition 400-07-02 that based on the analysis and findings presented in the staff report, the Planning Commission forward a favorable recommendation to the City Council to approve the petition to close 700 South at approximately 600 West as requested by the Salt Lake City Transportation division, subject to the following conditions:
1. That all applicable City Codes and Salt Lake City departmental requirements be met including providing the necessary easements for any existing or future utility infrastructure.
2. An access easement on the west side of the railroad tracks be recorded prior to closing access to the street.
Commissioner McHugh seconded the motion. All in favor voted, "Aye", the motion passed unanimously.
A request by Christopher F. Robinson for approval of the proposed Ensign Foreground Planned Development subdivision located at approximately 750 North DeSoto Street in a Foothills Protection (FP) and Open Space (OS) Zoning District. The following petitions are being considered as part of this request:
(This item was heard at 6:58 p.m.)
1. Petition 400-06-46—a request to rezone the subject property proposed to be developed (approximately 5 acres) from a Foothills Protection (FP) zoning district to a Foothills Residential (FR-2) Zoning District and rezone approximately 38 acres from Foothills Protection (FP) and Open Space (OS) to Open Space (OS) or Natural Open Space (NOS). This is also a request to amend the Capitol Hill Master Plan future land use map for the subject property from Foothill Preservation Residential to Very Low Density Residential and Open Space.
2. Petition 400-07-08—a request to close and declare as surplus property a portion of 700 North Street located generally between Columbus and Cortez Streets.
3. Petition 410-06-39—a Planned Development approval of a proposed 6-lot single family residential subdivision with a private street.
4. Petition 490-06-50— Preliminary subdivision approval of a proposed 6-lot single-family residential planned development subdivision.
Chairperson Wirthlin recognized Ray McCandless as staff representative.
Mr. McCandless noted that an Issues Only Hearing was heard by the Commission recently and the Commission had suggested that they would like the location of the trail through the property established. The proposed trail is identified in the staff report.
Commissioner McHugh inquired if the area would be natural open space instead of open space, which was an issue with the Community Council.
Mr. McCandless noted that there was a request to rezone the approximate 39 acres from Foothills Protection(FP) to Open Space (OS) or Natural Open Space (NOS) and the Community Council suggested that they preferred the 39 acres be rezoned to Natural Open Space.
Chairperson Wirthlin inquired of the Commission if there were specific issues they would like Mr. McCandless to address.
Commissioner Muir inquired about the placement of the gate on the property.
Mr. McCandless noted that it was not requested by the City, but by the applicant.
Commissioner Muir inquired why the City would not require it to be a public road.
Mr. McCandless noted that it was narrow and did not meet City standards in terms of the width, but the Homeowners Association would be set up to maintain the private street. There would also be an alpha parcel that would be held in common ownership.
Commissioner McHugh noted that by having the gate, the general public would not be encouraged to come in and park on the alpha lot but would have to walk or bike in and there would not be increased automobile traffic.
Chairperson Wirthlin noted that it seemed that would be problematic to the public trying to access the trail.
Mr. McCandless noted that one of the recommendations was to keep open access to the trail. He noted that the Community Council had recommended placing signage in the area indicating public trail access.
Chairperson Wirthlin invited the applicant to the table.
Mr. Chris Robinson noted that he had read the staff report in detail and did not have a lot to add to it. He noted that he would like to see the street kept public, but after consulting with staff and engineers they thought a private gated street would be the best option.
Chairperson Wirthlin opened the public hearing portion of the meeting.
Polly Hart (Community Council Chair) noted that the Community Council had approved the planned unit development as proposed, but one concern was that trail access be maintained from both DeSoto and Columbus Streets. She noted that Mr. Robinson had worked with the director of Save our Canyons to come up with trail access and a plan that would not cut away at the mountainside more than necessary. The Community Council suggested that a sign at the gate would state that pedestrian and bicycle access was available.
Julianne Calderon (700 North Columbus Street) noted that her main concern was the traffic. There were a minimum of ten cars an hour and the new large houses would have typically 3 to 4 cars per family, plus the public cars that will come to go hiking, which seemed like a lot. She noted that she did not want to see a lot of additional trail cut into the mountain.
Commissioner Scott inquired what the signage stated currently.
Ms. Calderon noted that it said something to the effect of, No outlet.
Commissioner De Lay inquired if it would be possible for Ms. Calderon to petition to have her street turned into a resident only parking pass area.
Ms. Calderon noted that she was not sure she wanted that to happen.
Commissioner De Lay noted that one of the compelling things she remembered from the Issues Only hearing was that some of the neighbors had complained about the amount of crime where the lots were going to be, and that there were people parking and then going up to party. She noted that one of the benefits of this would be homeowners in the area, who would be interested in who was accessing the trails at night, so hopefully there would be less crime and chaos after the Planned Unit Development was built. She noted that several surrounding areas had benefited from using resident parking only passes.
Georg Stutsenberger (700 N. Columbus Street) noted that there were a lot of people that come up at 1:00 a.m. and never notice the sign; there was even an incident of school buses coming up and having a hard time turning around. He noted that he felt people don't read signs. He agreed with the Natural Open Space Zoning and thought that was a good choice for that area. He did not want to see any new trails carved, just what already existed.
Dan Bethel (707 North DeSoto Street) noted that maybe and arrow on the sign would keep people from going up the wrong street. He stated that he would like to maintain his use of the alley running behind his house at 707 North at DeSoto Street that connects with Columbus Street and he would not relinquish his use of this until a right-of-way issue was resolved with his neighbor at 700 North Columbus.
Chairperson Wirthlin invited the applicant back to the table.
Mr. Robinson noted that initially he had a plan to carve more trail along the contours of the mountains, but after talking with staff and the Community Council it became apparent that not elaborating the trail system was preferable. He noted that from a parking congestion standpoint it helped that Columbus Street only had houses on one side, and there would never be any homes on the west side. He noted that he would work with Mr. Bethel and Mr. Stutsenberger to resolve the issue of the alleyway that leads to 700 North.
Chairperson Wirthlin closed the public portion of the hearing and brought the discussion back to the Commissioners.
Commissioner De Lay noted that as a planner she was looking into the future of the City and having a private owner willing to dedicate 40 acres of Open Space was very valuable. She noted that she did not have any problems with the petition, but there were issues outside of the petition for example Ensign Peak not being well marked through street signage, and suggested that the neighbors along with the City work to get better signage and parking for the area.
Commissioner Scott noted that she would also like to recognize the donation of the property by Mr. Robison to this City as very generous and he should receive some accolades.
Commissioner Muir made a motion regarding Petition 400-06-46 that the Planning Commission forward a favorable recommendation to the City Council to rezone portions of 5.07 acres of the property to be developed from FP to FR-2 and the portion of property (approximately 39.44 acres) be rezoned from Foothill Preservation (FP) to Natural Open Space (NOS), and to amend the Capital Hill Community Future Land Use Map of the Capital Hill Master Plan from a Foothills Protection (FP) zoning district to a Foothills Residential (FR-2) Zoning District and rezone approximately 39 acres from Foothills Protection (FP) and Open Space (OS) to Open Space (OS) or Natural Open Space (NOS).
Regarding Petition 490-06-50 the Planning Commission grant preliminary subdivision approval for the proposed 6-lot single-family residential plan development subdivision subject to the following conditions:
a. Recordation of a final subdivision plat.
b. That the balance of the property (approximately 39 acres) be deeded to Salt Lake City as proposed by the applicant.
c. Meeting all applicable Salt Lake City departmental requirements including compliance to the recommendations contained in the Geotechnical Report.
Regarding Petition 410-06-39, the Planning Commission grant Planned Development approval for a private street and minimum lot size averaging consistent with the FR-2 zoning district lot area requirements (cluster development) and modification of zoning requirements as necessary to implement the development as proposed subject to:
a. Providing unrestricted pedestrian and bicycle trail from Columbus and DeSoto Streets and that signage identifying trail access be place at the entrance gate on Columbus Street and at the top of DeSoto Street.
b. Lot averaging be used to establish the overall density of the proposed development and that the required lot area of lots 2,3,4 and 5 be modified as shown on the site plan.
c. The final grading plan be approved by the Building Permits and Licensing Division, Engineering Division and Public Utilities Departments consistent with the grading shown on the preliminary development plan drawings. Grading be limited to the areas to the cuts and fill areas shown on the submitted drawings.
d. The requirement for lots fronting onto a public street will need to be waived.
e. Final approval of the landscaping plan by the Planning Director.
f. Final approval of the grading plan by the Salt Lake City Engineering Division, Public Utilities Department and Building Services and Licensing Division.
Regarding petition 400-07-08, the Planning Commission forward a positive recommendation to the Salt Lake City Council to close a portion of 700 North Street located generally between Columbus and Cortez Streets, and transfer property to abutting owners as shown on the proposed site plan.
Commissioner Woodhead seconded the motion. All in favor voted, "Aye", the motion carried unanimously.
Chairperson Wirthlin called for a five minute adjournment at 7:28 p.m. and recusing himself from the meeting and turning over the meeting to Commissioner Tim Chambless to serve as acting Chairperson for the remainder of the meeting.
Chairperson Chambless called the meeting back to order at 7:33 p.m.
(This item was heard at 7:34 p.m.)
Petition 410-07-04—a request by Trolley Square Associates, LLC, for a planned development at Trolley Square located at approximately 602 E. 500 South, in the Central City Historic District. The property is located in the CS Community Shopping Zoning District. The proposed planned development includes adding multiple new buildings totaling approximately 90,000 square feet of commercial space
Chairperson Chambless recognized Nick Norris as staff representative.
Mr. Norris noted that there would be two new structures and a major addition occurring on the Trolley Square block. Building C at the north east corner of the lot, would be an approximately 53, 000 foot building and would contain two levels of podium parking above the retail space and contain 700 stalls. Building P along 600 East would contain approximately 23,000 square/feet of retail and there would also be a small addition to Building A, which is a little under 10,000 square/feet.
A pedestrian connection on 600 East and 500 South was added to the sight and the whole structure was also lowered to maintain the view of the mission style arches of Trolley Square. Also, the architecture of Building A changed from a swooping arch to just being squared off and there were no changes to Building B or Building D.
Changes to Building C include: elevations and pedestrian connectivity on 700 East and 600 South. On the north side there are plans for increased tree landscaping, and a screen wall to screen the parking ramp on the east side, which has also been squared off to more adequately blend in with the building.
Mr. Norris noted that the overall height was lowered and there are still mission-style arches on the building that reach to 45 feet and 38.8 feet on the wall. The height of Building P was also lowered to 24.4 feet below the finished grade within the site.
Commissioner De Lay inquired if Mr. Norris had a rendering of the main entrance change.
Mr. Norris noted that the applicant would show that in their presentation.
Commissioner Scott inquired about the height of existing Building D.
Mr. Norris noted that it would vary, but that along 700 East it would be approximately 45 feet where the distinctive features are located.
Commissioner Scott inquired if that would be approximately the height for Building C.
Mr. Norris noted that was correct.
Chairperson Chambless invited the applicant to the table.
Mr. Mark Blancarte (Developer/Partner) noted that there are currently approximately 918 parking stalls throughout Trolley Square, and 885 parking stalls would exist at completion. He noted that the developers would be comfortable with reducing the amount of parking, as per the community's inquiry, but felt that the parking was important to the retail within Trolley Square.
The northwest corner would contain decorative paving and a proposed entrance from 600 East for pedestrians to enter into the Trolley Lane area. There would be a grand plaza placed at the north east corner, and pedestrians would have access to Trolley Square and Whole foods from that location.
He noted that one concern was raised about how the developers would screen the loading dock for the Whole Foods store. He noted that a decision was made to enclose the area by bringing out the architectural masonry walls further toward the west, and these would contain an overhead roll up door system for the trucks to park inside, from the outside all of the building services would be invisible.
Mr. Blancarte noted that though the developers felt Trolley Square was predominantly accessed by automobile, there would be seven bike parking areas throughout the project.
Commissioner De Lay inquired about scooter parking.
Mr. Blancarte noted that there was not scooter or motorcycle parking at this
time, but the developers would be willing to work with staff to dedicate whatever they felt would be appropriate to this type of parking.
He noted that trees were another point of concern so an arborist was independently hired to ascertain the condition of the trees, which was given to the Department of Urban Forestry for their review. There are a number of trees along the perimeter of the property that are diseased either due to age, or a sidewalk condition that is causing stress. If the trees do need to be replaced, they would be willing to comply with the suggestions of the City arborist; however, three trees would be permanently removed because of entrances and parking structure placement. There would be a few trees that would need to be removed and replanted that are currently where the Whole Foods building will be located. He noted that any trees that cannot be used will be happily donated to the community.
Mr. Blancarte noted that members of the community suggested a larger view corridor into the existing trolley structures, so the developers decided to reduce the elevation of the buildings on the west by approximately 10 feet by reconstructing the arches on the west corridor to be flat, to allow for more of a view into that corridor and the Whole Foods building would not exceed the height of Building D (the main mall building), and the architecture would tie in with that building as well.
Commissioner Muir inquired if at the top of the building section there was enough space to build a pedestrian access along the front of the store that went straight out to 500 South.
Mr. Blancarte noted that his guess was that there probably would not be enough room, but they would consult with an architect to discuss that.
Commissioner Muir noted that it would tie in the pedestrian feel that the developers would like Trolley Square to have.
Commissioner Scott inquired about the slope in the loading dock on Building C, and its effect on the masonry wall and if the screening would have a ceiling or be open above.
Mr. Blancarte noted it was only about a two foot differential and the wall would be enclosed.
Commissioner Scott inquired if the drive-through for the Wells Fargo bank would still exist.
Mr. Blancarte noted that it would not; however, the developers were currently working with Wells Fargo to relocate them within the project.
Commissioner Scott inquired about the Transportation Departments comments regarding having a 45 foot trailer backing in from the street.
Mr. Blancarte noted that the dock was designed with the commercial truck templates in mind and the Whole Foods dock was designed even larger to fit a 55 foot truck trailer, so though it is a busy street, it would be an efficient movement.
Commissioner De Lay noted that the tenant signage was being moved from the Trolley Square water tower and she had not seen any diagram where that signage would be replaced within the project.
Mr. Blancarte noted that it would be cluttering to have a monument sign that might list six or seven tenants; so they propose that when the leases are up to remove the theater and the Hard Rock Café signs from the water tower. He noted that at a number of spots throughout the project there will be key directional signs.
Ms. Cheri Coffey noted that signage was an issue that the Historic Landmarks Commission deals with.
Mr. Norris noted that Trolley Square had its own Sign Master Plan.
Commissioner Scott inquired if the archway at 500 South would be relocated to the west side of the project and if there would be a defining entrance overhead that would replace that.
Mr. Blancarte noted that it was proposed to use the existing one, but just shift it to the west.
Commissioner Scott noted that in the staff report on page 16 it stated that, The defining characteristics of the mission-style arch on the east and west facades are being repeated. She inquired why this would not be on the north as well.
Mr. Blancarte noted that he was not sure if that was addressing the architecture on the north or a specific entry arch on the north side.
Commissioner Muir added that the functional nature of the building being a trolley storage facility that contains barrel vaults indicates that those archways should be on the east and west and not on the north and south.
Mr. Blancarte noted that he agreed that the arches should be continued in the new buildings.
Commissioner Scott inquired if the parking on the roof of Building C was podium because underground parking was not an option and the basis of that decision, were engineering studies, or core samples done.
Mr. Blancarte noted that there were major aquifers running under Salt Lake City, and a rather shallow level water table in the building, so the decision was to make underground parking on the western portion of the project, but to have podium parking on the eastern portion of the project due to that water, contamination from a prior use, and cost of each individual stall underground which is $50,000 versus $20,000 a piece. Podium parking is also much quicker and efficient, which would be a benefit for the community and customers like the podium parking because it is lighter, brighter, and airier.
Commissioner De Lay inquired if the developer was sure there was definitely a water table on the site that absolutely prohibited underground parking.
Mr. Blancarte noted it was not absolutely prohibited, but influenced as well by a finite budget.
Commissioner McHugh noted that she thought it would be less disturbing to the historical buildings if the developers did not have to dig down for underground parking.
Mr. Blancarte noted that for two levels of underground parking it would require approximately 35 feet of excavation, so podium parking would be less invasive.
Commissioner Woodhead inquired about the 600 East and 500 South pedestrian accesses into the property because it looked like there were two backsides to the project.
Mr. Blancarte noted that 600 East is the backside of the project, and the challenge was the difference in grade. The developers decided to work on the connectivity within the project, but did create a sort of grand entrance from 600 East for pedestrians.
Chairperson Chambless opened the public portion of the hearing.
Joel Briscoe (Chair of the East Central Community Council) noted he had submitted a letter to the Planning Commission. He noted that he was concerned about the mature trees that currently line 600 East, and that Mr. Blancarte was willing to relocate the trees throughout the project or donated to be used in the City. He also stated that the façade of the new buildings were very important and noted that Mr. Blancarte was willing to include the Utah Heritage Foundation, the Utah Historical Society, and other Utah architectural historians to be added to the committee.
Mr. Briscoe stated that he did not agree with the size and the scope of Building C (Whole Foods), but appreciated the developers lowering the elevation of Building P to allow a view of the mission arches on the west side; however, he felt that view would be blocked by the podium parking, but did understand that it would cost more money and inquired if the developers had looked into historic credits. He encouraged the Commission to give intent language of recommendation regarding final architecture and building materials to the Historic Landmark Commission. He noted that on recommendations 3 and 4 he would like them to be a little more detailed.
John Prince (11788 South Silver Spur Lane, Draper Utah) noted that he was the owner of Green Street private club and that the manager of Trolley Square came over to tell them that in the next three weeks a tractor was coming through the patio of Green Street and the implications for the club were frightening. He noted that 5,700 people were members of the club would be affected. A petition was started that had 1,300 plus signature to save the patio and the six Norwegian Maple trees that he would like to see saved.
Commissioner De Lay inquired if the patio was part of the clubs lease.
Mr. Prince noted that it was not, but they have used and paid percentage rent for the patio plus a fee for the clean-up.
Commissioner De Lay noted that what the developer was advocating was beautiful interior walkways and lots of patios.
Mr. Prince noted that Mr. Blancarte had been very nice to work with, and that they would be able to keep the patio, but that the managers of Trolley Square were not representing him well.
Commissioner McHugh inquired if the entrance to the club was on the patio.
Mr. Prince noted it was right next to the patio, but the legal entrance was to the west of the patio.
Jeff Meyer (11788 South Silver Spur Lane, Draper, Utah/ co-owner of Green Street) noted that the patio at Green Street is used for seven months out of the year and that it generates twenty-five percent of the clubs revenue. He would like to have a distinctive timeframe of when construction will be taking place so he can go in front of the Liquor Commission and get the front door approved or take a look at staffing levels during the change.
Chairperson Chambless inquired how much warning he would like before these changes take place.
Mr. Meyer noted atleast 30 days to be able to petition the Liquor Commission.
Commissioner De Lay noted that the developers had to give all of the neighbor's notice of these events by law, but it seemed as if they were not communicating. She noted that the Commission would require the developer to communicate with the tenants within Trolley Square, as well as working with Green Street to get any approvals or re-approvals for the Liquor Commission requirements.
Jason LeCates (15129 Eagle Crest, Draper Utah 84020) noted he was the manager of Green Street and there were also issues that needed to be addressed with the fire department for instance three of the six emergency exits would be lost and would the club still be ADA compatible.
Commissioner Muir clarified that the role of the Planning Commission was not to get into code issues or disputes between tenants and landlords, but the appropriate land use of the project.
Jeff Ward (740 South 300 West #301) noted that he was the Executive Director for Tree Utah, which is a statewide non-profit organization dedicated to tree planting, care, stewardship, and education. He noted that he had driven around Trolley Square and realized approximately 40 trees would be lost where the new buildings would be built. He noted he was not opposing the development, but the trees were invaluable because of the financial and social benefits they provide.
Commissioner De Lay noted that she has rarely seen adult trees relocated and planted and wondered if this practice was common.
Mr. Ward noted that this was not a common practice because it was hard to do.
Commissioner De Lay inquired if the odds of replanting the trees were basically non-existent.
Mr. Ward noted that it could be done if done correctly, however, it is very expensive, which might be part of the reason it is not done that often.
Chairperson Chambless inquired about saving the two large trees on 600 East.
Mr. Ward noted that he had not looked closely at the site plan, but all of the trees were struggling and the more root system that is lost the less chance there is to save them.
Cindy Cromer (816 East 100 South) noted she was pleased to see the reduced height proposition for the new buildings. She noted that her concern was conditional uses, and how the developer will be able to administratively change the project after it passes through the various city boards. She noted that the Commission should ask the developers for what they want now, because they are willing to cooperate.
Bill Hedgepath (1539 South 2300 East) noted that he was a member of Green Street and suggested that the construction of the patio take place during the colder months.
Kirk Huffaker(representing the Utah Heritage Foundation) noted that they were in favor of the Trolley Square project, but he would like to see the project become better integrated into the visual nature of the site including: the mass of the buildings, height, and rhythm. He also noted that he felt it was important for the design team to integrate urban design elements into the project to provide focus and whimsy.
Chairperson Chambless asked for specific examples of urban design.
Mr. Huffaker noted that he would like to see fountains and architectural features such as iron work.
Commissioner De Lay inquired if historic site lines were currently protected.
Mr. Huffaker noted that adding new buildings is very tricky and one of the biggest design challenges, which is why there has been an evolution of the design site as the community has given input, and while there are no specific rules regarding development, hopefully there is some sensitivity to the historic elements.
Ms. Coffey noted that the structures on the site are all protected and Building C (Whole Foods) will not be added onto the historic structures, which will be preserved as they are now. She noted that the developers were making the Trolley Square site more viable as an adaptive reuse, by adding commercial development.
Mr. Huffaker noted that he was also in support of Commissioner De Lay's suggestion for scooter and motorcycle parking.
Luke Garrott (634 South 500 East) noted that he did not agree with the mass of Building C, because Whole Foods has 196 stores that average 32,000 square/feet and this is a 53,000 foot structure.
Commissioner Woodhead noted that Building C was the largest building on the site; she inquired about what Mr. Garrott felt was an appropriate mass of the building and his basis for it.
Mr. Garrott noted that Building C would not be taking up the current surface lot space, but also where the trolley car is currently located and pressing up about Building D. He felt that the entire site would be radically altered and he did not know why the building needed to be so massive. He noted that he felt there should have been a subcommittee held before this meeting involving the Planning Commission, Historic Landmark Commission, Tree Utah, and the Utah Heritage foundation.
Commissioner Woodhead noted that there was a subcommittee involving the Planning Commission and Historic Landmarks Commission that did meet and discuss this project with the developer.
Otto Guedelhiefer (566 East 600 South) commented that he walked passed Trolley Square every morning to get to Trax and was concerned about the rather loud noises of the heating and cooling systems of Trolley Square. He noted that he was concerned that with the buildings getting bigger, now was the time to consider this. He inquired if these systems would be replaced with efficient, quiet, and environmentally sound alternatives.
Commissioner De Lay noted she fully agreed with Otto's suggestions and had a list for the developers to consider.
James McAndrew (Business owner in Trolley Square) noted that he felt he believes in the Trolley Square and believes the developers are trying to improve its economic viability. He noted that he was very happy about Whole Foods being the tenant because it will really enrich the area.
Chairperson Chambless closed the public portion of the meeting.
Mr. Blancarte noted that Whole Foods store has been in business for over 20 years and has evolved over time, which is why they are interested in a 53,000 square foot building to introduce themselves to the Utah market, and have determined that this will be their flagship store for Utah.
Commissioner De Lay commented that Whole Foods was supposedly an environmentally friendly business, but she had not heard any information on the green building that is supposed to take place at Trolley Square and inquired if the developer was looking at making the rest of the project comply with LEED certifications.
Mr. Blancarte commented that the developers would be providing new heating and air-conditioning equipment that would be energy conscious and efficient and are exploring the LEED suggestions.
Commissioner Muir noted that he would like to encourage an appropriate percentage of locally owned businesses throughout the project.
Mr. Blancarte noted that from the onset of the project the developers had believed that local retailers are a big part of the success of Trolley Square and provide something unique. He also noted that regarding Green Street, construction is challenging and issues do arise and the developers are solution oriented to make it as seamless as possible.
Commissioner De Lay suggested a condition 9 for, Dedicated parking for scooters and Motorcycles with in the project. She noted that she would suggest one fifth of the parking be dedicated to this type of parking. She noted that she would also like to suggest a tenth recommendation to have Building C meet minimum LEEDS certification.
Commissioner Muir inquired if that was mitigation for the scale of Building C.
Commissioner De Lay said yes, due to the largeness of the building.
Ms. Coffey noted that the size and scale of the building was up to the Historic Landmarks Commission, and the Planning Commission could make a recommendation to that Commission.
Mr. Shaw noted that the planned development process focused more on site plan issues and the Commissions concerns should be sent to the HLC to address those.
Commissioner De Lay suggested a recommendation 11 would be to reconsider the size of Building C.
Commissioner Muir noted that a reasonable condition would be to state that all the mechanical equipment should be attenuated to avoid noise pollution, but could be left up to the Planning Director. He noted that he did not have a problem with the size of the building because most grocery stores required a critical mass of atleast 45, 000 square feet, so 53, 000 square feet is not unreasonable.
Commissioner Scott noted that she was still struggling with the size of the building, and that there should be more communication with HLC, the developer, and the Utah Heritage Foundation to mitigate the size of the building, not only the footprint but the height as well. She suggested that the Commission table the petition so that it could be further reviewed. She also expressed concern about the loading area on Building C and how it would look.
Commissioner Woodhead noted that she did not have a problem with the size of Building C, when she looks at Building D; Building C seems to be reasonable in size in comparison. She also noted that Whole Foods is a real grocery store and if this is the tenant that is expected to come in there needs to be some respect regarding the type of business they are, and it is not a small store, but a competitor with the big grocery store we have in Salt Lake City.
Commissioner De Lay noted Commissioner Woodhead brought up a good point because there was a large Smith's a block away, and therefore wondered why this store needed to be so big.
Commissioner McHugh stated that they are not alike.
Commissioner Woodhead noted that there would be some value in tabling the petition to clarify some of the issues that Commissioner Scott stated, but there would not be any point to having another joint meeting with HLC because it would unnecessarily slow the process down for the developer. She noted that to some extent she would agree with tabling the petition, but also that conditions could be made to let HLC know the Commissions wishes.
Chairperson Chambless was concerned that there were not a sufficient number of
Commissioners to vote on this matter.
Commissioner McHugh wondered what tabling the petition would clarify.
Commissioner De Lay moved to table the petition.
Commissioner McHugh seconded the motion.
Ms. Coffey wanted clarification for Staff and the applicant as to the reason behind the motion to table.
Commissioner Scott suggested that the Planning Staff and the Commission subcommittee discuss with the developers further, the mass of Building C and the possibility again of underground parking. She would also like more discussion on the parking ramp that seemed to not be visibly appealing.
Commissioner De Lay inquired if all that could be suggested through an additional recommendation stating that HLC should specifically review those items.
Ms. Coffey stated yes.
Commissioner McHugh withdrew her second of the motion.
Commissioner Scott seconded the motion to table.
Commissioner Scott stated that she wanted to have some input on that decision.
Commissioner De Lay noted that could be done through additional recommendations.
Commissioner Muir stated that he would argue against tabling because he was part of the subcommittee and had seen the process of the developers, which have been positive and cooperative.
Commissioner Scott withdrew her second of the motion.
Commissioner De Lay withdrew her motion.
Commissioner De Lay made a motion regarding Petition 410-07-04 based on comments, analysis, findings, staff recommendation, and public testimony, the Planning Commission approve a conditional use for a Planned Development located at Trolley Square with the following conditions:
1. That the project comply with all City Department and Division comments, requirements, and regulations;
2. That final architecture and building materials approved be delegated to the Planning Director and shall be consistent with the approval of the Historic Landmark Commission;
3. That the applicants submit a plan that shows how the public trees are to be protected during the construction process;
4. That the Urban Forester approves all proposed tree removals, transplants and tree plantings on public property.
5. That the Utah Department of Transportation approve upgrading the signal on 700 East and 600 South to add a dedicated/protected left turn for north and south bound traffic;
6. That signs be posted in all service areas instructing drivers to turn off their engines while waiting and actively loading or unloading their vehicles. The design of the signs must be approved by the Historic Landmark Commission or designee
7. That the final landscaping plan approval be delegated to the Planning Director'
8. That the Planning Commission modifies the building setbacks so that they are consistent with setbacks indicated on the submitted site plan.
9. Dedicated parking for scooters and motorcycles as recommended by the Transportation Division.
10. That the developer endeavor to meet the goals of LEED Certification
11. that at the point of replacement the rest of the development contain HVAC systems and;
12. Noises from the HVAC units are mitigated for the surrounding neighborhood.
13. That the Historic Landmark Commission pay particular attention to the screening of the area for Building C and for the ramp located on the northeast corner of the development.
Commissioner Woodhead seconded the motion.
Commissioner Scott suggested that condition 13 be amended into to motion.
Commissioner De Lay accepted that amendment to the motion.
All in favor of the motion voted, "Aye", the decision passed unanimously.
Commissioner Scott noted that she would like to pass on suggestions to the Historic Landmarks Commission so they would be aware of the preferences of the Planning Commission.
Commissioner De Lay noted that only the minority of the Commissioners had a problem with the mass of Building C, so a recommendation could not be recommended on.
Commissioner Muir noted all of that was in the minutes.
Mr. Norris suggested that staff provided the Historic Landmarks Commission with a copy of the meetings minutes.
The Commissioners agreed to this.
There was no unfinished business. The meeting adjourned at 9:40 p.m.