June 5, 1997

 

SALT LAKE CITY PLANNING COMMISSION

451 South State Street, Room 126

 

Present from the Planning Commission were Chairperson Kimball Young, Judi Short, Diana Kirk, Fred Fife, Jim McRea and Carlton Christensen. Aria Funk, Max Smith, Gilbert lker and Andrea Barrows were excused.

 

Present from the Planning Staff were Planning Director William T. Wright, Margaret Pahl and Doug Wheelwright.

 

A roll is being kept of all who attended the Planning Commission meeting. The meeting was called to order at 5:00 p.m. by Mr. Young. Minutes are presented in agenda order, not necessarily as cases were heard by the Planning Commission. Tapes of the meeting will be retained in the Planning Office for a period of one year, after which, they will be erased.

 

APPROVAL OF MINUTES

Ms. Short moved to approve the minutes of Thursday, May 15, 1997. Mr. Christensen seconded the motion. Ms. Short, Mr. Christensen, Mr. McRea, Ms. Kirk and Mr. Fife voted "Aye". Ms. Barrows, Mr. Smith, Mr. lker and Ms. Funk were not present. Mr. Young, as Chair, did not vote. The motion passed.

 

PETITIONS

PUBLIC HEARING - Request by J & D Properties for approval of the Warm Springs Condominium conversion application for a 23 unit apartment building located at 778 North 300 West in a Residentiai"RMF-35" zoning district. This item was postponed until a future Planning Commission meeting.

 

PUBLIC HEARING - Petition No. 400-97-32 by WLA Arcon Inc. requesting approval to amend the Irving Park Addition Subdivision and for approval of the Park Willow Condominium conversion application for a 72 unit apartment complex located at 1557 West 200 South in a Residential "RMF-45" zoning district.

 

Ms. Margaret Pahl presented the staff report outlining the major issues of the case, the ·findings of fact and the staff recorr1mendation, a copy of which is filed with the minutes. Ms. Pahl then stated that the applicant has established a proposed operational budget for the first year. Included in the documentation is a commitment to providing a funding shortfall should the unit owner's association expenses exceed the budgeted and collected amount. In addition, the applicant will establish a reserve account of $13,000 to provide a contingency fund for any sudden Association expenses.

 

Mr. Warren Lortie, the petitioner, was present for this portion of the meeting and stated that he was in agreement with the staff recommendations.

 

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

 

Mr. Elmer Bullock, a representative from the Poplar Grove Corr1munity Council, stated that he supports this condominium conversion and he feels that it will be an asset to the community.

 

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

 

Motion on Petition No. 400-97-32:

Ms. Kirk moved to approve Petition No. 400-97-32 amending the Irving Park Subdivision and forward a favorable recommendation to the City Council. Ms. Kirk further moved to approve the Park Willow Condominium Conversion application subject to compliance with departmental requirements and forward a favorable recommendation to the City Council. Ms. Short seconded the motion.

 

Mr. Christensen expressed some concern with the proposed operational budget and questioned if the ·figures are realistic. He stated that most of the people that buy into this type of condorr1inium conversions are going to be low income. Mr. Christensen does not want to see someone get into a unit and then have the monthly Association fees go up substantially in a few years because the anticipated expenses were not realistic ·figures.

 

Ms. Kirk stated that the Planning Commission does not have control over what the payments will be in future years. Ms. Pahl stated that the Homeowners Association would have some control as to what the outcome of increased monthly expenses would be for the condominiums over the years.

 

Mr. Lortie stated that he likes to keep the expenses reasonable so that the people who purchase the condominiums can continue to afford their investment.

 

Ms. Short, Mr. Christensen, Mr. McRea, Ms. Kirk and Mr. Fife voted "Aye". Ms. Barrows, Mr. Smith, Mr. lker and Ms. Funk were not present. Mr. Young, as Chair, did not vote. The motion passed.

 

PUBLIC HEARING - Petition No. 410-265 by California Avenue Associates. LLC. requesting conditional use approval for an industrial planned development located at 2461 W. California Avenue in an lndustriai"M-1" zoning district.

 

Ms. Margaret Pahl 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 rr1inutes.

 

Mr. Don Sanborn, the petitioner, was present for this portion of the meeting and stated that he was in agreement with the staff recommendations.

 

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

 

Mr. Don Wallace, the developer of the Sorensen Technology Park Subdivision and a property owner in the Industrial Centre Park, stated that he is in favor of the proposed industrial planned development.

 

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

 

Motion on Petition No. 41 0-265:

Ms. Kirk moved to approve, based on the findings of fact, Petition No. 410-265 with the condition that the final site and landscaping plan review approval authority be delegated to the Planning Director. Mr. McRea seconded the motion. Ms. Short, Mr. Christensen, Mr. McRea, Ms. Kirk and Mr. Fife voted "Aye". Ms. Barrows, Mr. Smith, Mr. lker and Ms. Funk were not present. Mr. Young, as Chair, did not vote. The motion passed.

 

OTHER BUSINESS

Staff discussion of conceptual changes to the existing Condominium Ordinance.

 

Mr. Wright briefed the Planning Commissioners by stating that the existing Condominium Ordinance was written about 15 years ago. The Planning Staff is now being advised by the City Council to have the Condominium Ordinance updated because it has become an obstacle for the developers.

 

Mr. Doug Wheelwright stated that the processes for condominium conversions and new construction condominiums are very different and perhaps the processes should be separated in the new ordinance. Mr. Wheelwright then stated that all condominiums require an approval from the Planning Commission and an approval from the City Council. He then expressed that having one public hearing and one approval body would be more efficient.

 

Mr. Lynn Pace, Salt Lake City Attorney, reviewed the State Law to find out what qualifications would be required in a new ordinance. Mr. Pace stated that the best way to handle any type of condominium would be to have all condominium applications satisfy the subdivision requirements. The approval body will need to evaluate and approve a list of conditions; and the subdivision approval would need both preliminary and final approvals. Mr. Pace then stated that the State Law requires a recommendation 'from the Planning Commission and an approval from a legislative body or other bodies as designated by the legislative body. The Planning Commission can forward an inquiry to the City Council and ask them to decide if they want to continue to approve condominiums or if they would like to designate another approval body.

 

The Planning Commissioners agreed to have the Planning Staff draft a new Condominium Ordinance. The Commissioners would like the new ordinance to simplify the process and allow for Administrative approval for most condominiums, like subdivisions are now being handled. The Planning Commission could be the approval body for condominium applications that conflict with the ordinance or are protested during the Administrative hearing.

There being no further business, the meeting adjourned at 5:40 p.m.