SALT LAKE CITY PLANNING COMMISSION MEETING
In Room 326 of the City & County Building
451 South State Street, Salt Lake City, Utah
Present from the Planning Commission were Tim Chambless, Chairperson, Babs De Lay, John Diamond, Craig Galli, Peggy McDonough, Laurie Noda, Vice Chairperson, Kathy Scott, and Jennifer Seelig. Prescott Muir was excused.
Present from the Planning Division Staff were Doug Wheelwright, Deputy Planning Director, Cheri Coffey, Deputy Planning Director, Doug Dansie, Principal Planner, and Shirley Jensen, Secretary.
A roll is being kept of all who attended the Planning Commission Meeting. Chairperson Chambless called the meeting to order at 5:45 p.m. Minutes are presented in agenda order and 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 FOR WEDNESDAY, June 8, 2005
(This item was heard at 5:46 P.M.)
Commissioner Scott moved that the Planning Commission approve the minutes of the meeting as written. Commissioner De Lay seconded the motion. Commissioner De Lay, Commissioner Diamond, Commissioner Galli, and Commissioner Scott voted “Aye”. Commissioner McDonough, Commissioner Noda, Vice Chairperson, and Commissioner Seelig abstained. Commissioner Muir was not present. Chairperson Chambless did not vote. The motion passed.
REPORT OF THE CHAIR AND VICE CHAIR
(This item was heard at 5:47 P.M.)
Chairperson Chambless said that there was nothing to report at this time.
REPORT OF THE PLANNING DIRECTOR
(This item was heard at 5:48 P.M.)
Mr. Wheelwright announced that Mr. Zunguze was in Washington D. C. attending a conference on urban shopping mall development. Mr. Wheelwright also stated that the July 27, 2005 Planning Commission meeting will be cancelled.
Commissioner De Lay referred to the letter the Commissioners received from a group of citizens regarding the Legislative Action regarding the citywide residential zoning regulations moritorium that the City Council passed, and then rescinded. A copy of the letter was filed with the minutes of this meeting.
Mr. Wheelwright stated that the City Council has since adopted a legislative initiative directing the Planning Division and Planning Commission to study the issues identified in the temporary regulations activities. He said that the City Council ultimately believed the legislative action was too restrictive. Mr. Wheelwright pointed out that the City Council identified potential problem areas during the temporary regulations activities. He said that a study will be prepared by the Planning Division and a report given at sometime in the future. In the meantime, Mr. Wheelwright said that it will be business as usual.
PUBLIC NOTICE AGENDA
There were no Public Notice Agenda items.
PUBLIC HEARING
Petition No. 410-742 – At approximately 1436 South West Temple Street, Miller Development Company is requesting conditional use approval of a proposed 288-dwelling unit residential planned development project, consisting of nine (9) four-story-high multiple family building structures, each containing 32 dwelling units, arranged on a 9.26 acre parcel. The property is the site of the Fetzer Architectural Millworking facility, and the property is currently zoned Residential Mixed Use (R-MU). In addition to multiple buildings proposed on the site, the petitioner is requesting that the Planning Commission modify some of the required site development standards.
(This item was heard at 5:51 P.M.)
Planner Doug Dansie presented the staff report by outlining the major issues of the case, the findings of fact, and staff’s recommendation, a copy of which was filed with the minutes. He used a briefing board to further describe the project.
The following is an overview of the project:
The proposed planned development is located on a site between an existing neighborhood, a commercial/industrial area, and a light rail station. Issues include transportation access, increases in neighborhood population and industrial/residential conflicts. Concerns expressed include increased population adjacent to business uses and increased population that may disrupt the social fabric. The site was formerly used as a woodworking mill. The west side of the site borders the 200 West TRAX light rail line.
The R-MU zoning does not require front or side yard setbacks for multi-family buildings but there are parking lots buffering requirements when parking is adjacent to the property line. The rear yard requirement is 25 percent of lot or 30 feet. Normally the rear yard would be considered the yard opposite the public street, but this project has access from three public streets, West Temple, Jefferson, and 1400 South. The Planning Commission has the authority to modify setback requirements through the planned development process. The developers propose five-foot landscaped setbacks along the north, south, and west property lines, providing a central open space. Along the south property line, the buildings would be separated from the adjacent property by parking, in order to increase the buffer area from the Public Utilities yards. Along the west property line, the buildings would be separated from the property line to provide a buffer from TRAX. Carports and vertical landscaping are proposed in both locations.
Mr. Dansie explained a previous proposal that had been approved for this site, which had a higher density. He said that the R-MU Zoning District has no density limitation in terms of the number of units. Mr. Dansie stated that the units in this project would be rentals and no condominium units were being proposed.
Mr. Dansie stated that the following were some of the issues that were discussed at the Planning Commission Planned Development Subcommittee meeting:
1. There was a question why the West Temple entry was not more centrally located within the project frontage. The Transportation Division wanted the intersections to be opposite of each other or significantly offset far enough apart to handle the traffic.
2. There was discussion about open fencing along 200 West. The petitioners want a solid concrete fence to screen the project from the light rail TRAX line.
3. The visibility and the safety of the detention basin had been questioned. The developers moved the parking away from the south side of the detention basin and will install a wrought iron fence along the west side of that portion of the site.
4. Opening the development to access from Jefferson Street, so that the complex would have three vehicle access points.
Mr. Dansie noted that staff recommended approval based on the conditions included in the staff report.
Chairperson Chambless asked if there were any questions of staff.
Commissioner Diamond expressed concern that the access adjacent to the Public Utilities property was rather harsh and not a very “welcoming way” to access the development.
Chairperson Chambless inquired about the range of the monthly rentals projected for the units. Mr. Dansie said that the development would be a market-rate apartment complex. Commissioner De Lay interjected and suggested that rent for a development like the one proposed could be anywhere from $500 to $1,200 a month price range. Chairperson Chambless supposed the complex would attract young families.
Since there were no additional questions for staff at this time, Chairperson Chambless invited the petitioners to come forward to address the Commission.
Mr. Tim Soffe and Mr. Scott VanDyke with ASWN, and Mr. Gary Miller with Miller Development, were present. Mr. Soffe stated that most of the issues that have been discussed were represented in the staff report. He clarified that the developers thought it was a good idea and opened up the entrance to Jefferson Street. Mr. Soffe said that it would give another access point and would ease fire truck maneuvering.
Mr. Soffe talked about modifying the rear yard and side yard requirements to provide more open space in the center of the complex. He said that the developers were sensitive to the TRAX light rail line running along 200 West, so the concrete wall was proposed with vertical landscaping. Mr. Soffe noted that the wall and landscaping would be more pleasant for the riders on TRAX to view. He noted that the fencing for the water retention basin would be wrought iron; the concrete walls would be on the south and west border, and the additional fencing would be an almond color vinyl. Mr. Soffe believed the development would be a great project by a very experienced residential apartment community developer with projects located across the Wasatch Front.
Chairperson Chambless asked if the Commission had any questions for the petitioners.
Commissioner De Lay asked why the density was less than the previous proposal. Mr. Soffe said that each building would be a four-story walk-up unit, which is the practical limit using wood form construction.
Mr. Miller said that the project had been described very well. He wanted to add that there would be an onsite property management team at all times with professional maintenance people to keep the buildings and grounds in good condition. Mr. Miller also said that the company does criminal background checks on any potential renter after an application is submitted.
Commissioner Diamond inquired if the project had the flexibility for future expansion and the possibility of the City finding another location for the retention basin. Mr. Dansie said that was a possibility for northward expansion. Ms. Coffey said that the development might need the retention pond area for their percentage of required open space. Commissioner Diamond concurred that the only place the project could grow would be toward the north. Mr. Soffe responded by saying that the existing area is needed for storm retention. He noted that the project would be restricted by the way the plans are construed. He added that underground storm water storage would not be a possibility due to the ground water table in the area being so high.
Chairperson Chambless inquired about the lighting. Mr. Soffe pointed out that each carport would have its own lighting system, with subdued lighting on the buildings. He indicated that there would not be huge overhead lights casting light in all directions. Mr. Soffe said that the lighting would be contained, because the ambient lighting generally would be enough to secure the site.
Chairperson Chambless also asked about late night noise level because he hoped the project would be creating serenity in an urban setting. Mr. Soffe said that would be a management issue.
Mr. Jay Minnick, who would be part of the onsite management team, was asked to respond. Mr. Minnick said that the quiet hours would be from 10:00 P.M. until 8:00 A.M. that would be enforced by management.
Mr. Wheelwright inquired if the buildings would be constructed in phases. Mr. Soffe said that the entire site would be under construction at the same time and would take from 16 to 18 months to complete; however the buildings would be in various stages of completion. He noted that the buildings on West Temple would be constructed, landscaped, and put into service first, and then the other buildings would follow.
Commissioner Diamond asked if the developers had conferred with UTA regarding the landscaping outside the wall on the TRAX side. Mr. Soffe said that they had not developed that idea with UTA at this time. He made a suggestion that the concrete wall be built two feet inside the property line, and then the buffered landscaping would be on Miller Development’s property. Precluding graffiti was discussed at length. The concrete wall would be an irregular surface and not as easy to “tag” with graffiti.
Since there were no additional questions or comments for the petitioners or staff, at this time, Chairperson Chambless opened the hearing to the public and asked if anyone wished to address the Commission. He invited the representative from the community council to speak first. There was no representative from the community council in attendance.
Mr. Judd Jones, a neighboring property owner, expressed concerns about the density, not enough open space in which children could play, that West Temple was traditionally a single dwelling and duplex residential neighborhood, graffiti, and parking. He was impressed about the quality of the proposed buildings being constructed out of masonry. Commissioner De Lay was curious if Mr. Jones expressed his thoughts at the community council meeting when the project was presented. Mr. Jones said that he had no notification of the community council meeting. Commissioner Diamond suggested that Mr. Jones should be communicating with the developers.
Mr. Merlin Abator, a resident on West Temple, was most concerned about the increase of traffic in the area, especially when there was a ball game at Franklin Covey Field. He talked about the criminal activity in the neighborhood and that the increase in density would amplify that kind of activity. After Commissioner De Lay asked if he had expressed his concerns at the community council meeting, Mr. Abator also said that he was not notified of the meeting. He continued by saying that since the transients go though mailboxes in the neighborhood, he chose to open a post office box.
Commissioner Diamond noticed Mr. Kevin Young, with the City’s Transportation Division, and asked if it would be appropriate to ask Mr. Young questions about the traffic situation. Commissioner De Lay noted a letter from Mr. Barry Walsh, the City’s Transportation Engineer, addressing traffic issues, which accompanied the staff report.
Mr. Young, who came forward to address the Commission, stated that traffic is of great concern in the area. He discussed the reason for the driveway approaches to be offset when there was no possibility of the approaches to line up with the one across the street. Mr. Young noted that a Traffic Impact Study was done for the previous proposed development at the proposed location and the study would have to be updated to assure that the scope and the traffic pattern of the project would meet the City’s standards. Commissioner De Lay suggested using traffic calming devices on West Temple if a traffic light cannot be placed mid block. Mr. Young made no promise to comply with Commissioner De Lay’ suggestion.
People jaywalking across 1300 South to get to the TRAX light rail station at 200 West and the trepidation that people living in the new apartment development would do so rather than crossing 1300 South at West Temple became an intense topic of discussion. The Commissioners expressed their concerns about the danger of the people jaywalking and that something needed to be done to prevent jaywalkers from crossing 1300 South mid block. There were suggestions of a mid block light, fencing the center of the street, overhead pedestrian walk ways, or a crosswalk to name a few. Mr. Young stated that he would be meeting with UTA and officials from other cities regarding TRAX crossings. He added that perhaps something would come from that meeting that would help eliminate the crisis of jaywalking.
Commissioner Diamond talked once more about the street access ways into the proposed complex. He inquired if there was another access on the north side, would that effect the traffic impact. He noted that the layout of the buildings would have to be different. Mr. Young said that they could look at options about the off set and try to keep turns in and out of the complex as safe as possible. Commissioner De Lay pointed out that non-residential traffic could cut through the project using it as a short cut. The discussion turned to the proposed impact of traffic on all the surrounding streets.
Commissioner Galli recommended that the rest of the public be heard before the discussion among the Commissioner’s continued.
Mr. Douglas Greene, a resident on West Temple, stated that upkeep and maintenance on rental properties seemed to be a problem. He owns a restored Victorian home and expressed his concern about the possible decrease in property values. Mr. Greene was pleased with the positive transition in the neighborhood where more people were purchasing rental properties and becoming live-in property owners. He suggested that perhaps a solution to the increased traffic on West Temple would be to make the entrance into the project one way and exiting from the other locations onto 1300 South by only turning right. Mr. Greene concluded by saying that he did receive notice of the community council meeting but was not able to attend. Mr. Young again approached the Commission and said that the suggestion by Mr. Greene could be a possibility but feared that people would go through the neighborhood to avoid having to make that right turn onto 1300 South.
Ms. Jennifer West, a resident on West Temple, talked about the residential neighborhood and also expressed concerns about the care and maintenance of the property. She would like to have more Police patrolling the area.
Mr. Warren Owens, who resides on West Temple, said that he did not have notification of the community council meeting, as well. He believed the project to be a “high end” development and welcomed it into the neighborhood. Due to the impact of the traffic, Mr. Owens recommended decreasing the number of units in the project.
Mr. Reed Sherman, who does not reside in the area but owns commercial property on West Temple, commented on a point that Commissioner Diamond mentioned earlier in the meeting, that he would like to see the development become more integrated into the neighborhood by having small retail establishments on the first level on West Temple where people living in the neighborhood could stop in at a coffee shop, a dry cleaners, and so on rather than being so isolated from the neighborhood. Mr. Sherman believed that idea would make the neighborhood a more walkable community. When Commissioner De Lay asked about the community council, Mr. Sherman said that he was aware that the community council approved the project.
Mr. Brad Knaphus, who resides as well as works on Jefferson Street, spoke of the traffic impact and the jaywalking problems. He expressed concern that a vinyl fence would not be a deterrent to the criminal activity in the neighborhood because his chain link fence with barbed wire on top had been cut three times. Mr. Knaphus expressed his concern about the security issues during construction. He believed that the developers should consult with the adjacent property owners about fencing. Once again the discussion turned to the issue of jaywalking across 1300 South to get to the TRAX station. Mr. Knaphus mentioned that some of his employees do exactly that. Mr. Miller said that fencing was a flexible issue. However, he said that Public Utilities had a strong opinion about a solid concrete wall on the south side of the complex. Mr. Miller pointed out that 288 units was the minimum threshold so decreasing the number of units was not an option.
Upon hearing no additional questions or comments from the public or staff, Chairperson Chambless closed the hearing to the public and stated that he would entertain more discussion or a motion.
Commissioner Galli commented that it is incumbent upon the Planning Commission to look at the big picture although he appreciated all the public comments. He said that the project would have high density affordable housing. Commissioner Galli pointed out that the project appears to be a good example of the type of Transit Oriented Development (TOD) that the City wants. He added that the residents would be able to walk unencumbered to the TRAX station, which is only one block away. Commissioner Galli stated that Franklin Covey Field should attract more TOD developments.
Commissioner Scott quickly pointed out that the TRAX station is only a block away if one jaywalks across 1300 South; it is several blocks out of the way to cross at the intersection where there is a traffic light.
The discussion on the problem of crossing 1300 South, parking, and traffic congestion continued. Some Commissioners cited dangerous incidents they had witnessed of people jaywalking across 1300 South. Some Commissioners again suggested ways that the TRAX station might be more accessible.
Mr. Young assured the Commission that he would study the possibilities of increasing the safety of both pedestrians and drivers. He added that people have to make smart choices and that the City cannot control what people do.
Commissioner Diamond asked if the meeting could be reopened to the public to ask the developer some additional questions. It was the consensus of the Commission to reopen the meeting to the public. Chairperson Chambless reopened the meeting to the public.
Commissioner Diamond inquired if the developer had considered a retail component in the project. He pointed out that the developers heard the comments from the public about integrating the project into the neighborhood.
Mr. Scott VanDyke with ASWN, stated that the City’s Design Review Team greatly influenced the layout of the buildings to bring the buildings out to the sidewalk to enhance West Temple. He noted that the developers did not believe the project would be isolated from the community. Mr. VanDyke said that he could not address the introduction of retail establishments into the complex. Commissioner McDonough suggested amenities such as small shops that would serve the neighborhood residents. He added that it would be beyond the realm of what Miller Development has done in the past. Mr. VanDyke said that since Miller Development is a residential developer they would have to partner with a commercial developer to make that possible.
Commissioner Galli said that the R-MU zone offers flexibility but does not mandate. He believed there were other ways to create incentives in long range planning. Commissioner Galli stated that more people walking in the neighborhood the less crime there is.
Chairperson Chambless reclosed the public hearing portion of the meeting and entertained a motion.
Motion:
Commissioner Galli moved that the Planning Commission approve Petition No. 410-742 based on the findings of fact and staff’s recommendation for a mixed-use development at approximately 1436 South West Temple with the following conditions:
• The project should provide vertical landscape buffering along the south property line;
• The developer work with the Transportation Division to upgrade the 1300 South/West Temple traffic signal or provide evidence why such upgrade is not needed;
• The Planning Director approves the final landscape, fencing, and lighting plan;
• Street lighting be consistent with the Salt Lake City lighting element for the Peoples Freeway neighborhood;
• The yard requirements are modified to reflect the site plan (specifically the buffer landscaping and rear yard requirements);
• A 15-foot landscaped setback should be provided on the West Temple frontage; and
• Transparent fencing, or other fencing acceptable to the Police Department, be provided along 200 West, adjacent to the retention pond area.
Commissioner Galli recommended that the Planning Commission add as another condition, that the developer invite and consider comments from neighbors on fencing and security issues. Further, that the Planning Staff work with the City Traffic Engineer to follow-up on evaluating the need for pedestrian-friendly accommodations to enhance safety and convenience of pedestrian access to the TRAX station on 1300 South. Commissioner Noda seconded the motion. Commissioner Diamond, Commissioner Galli, Commissioner McDonough, Commissioner Noda, Commissioner Scott, Commissioner Seelig voted “Aye”. Commissioner De Lay abstained. Commissioner Muir was not present. Chairperson Chambless did not vote. The motion passed.
UNFINISHED BUSINESS
There was no unfinished business, so Chairperson Chambless called for adjournment of the meeting. Mr. Wheelwright reminded the Commissioners of the Special Planning Commission meeting on June 29th. Also he said that there would only be one meeting in July and that would be on July 13th.
Chairperson Chambless adjourned the meeting at 7:40 P.M.