SALT LAKE CITY PLANNING COMMISSION
451 South State Street, Rooms 126 and 315
Present from the Planning Commission were Vice-Chairperson Max Smith, Kay (berger) Arnold, Andrea Barrows, Robert "Bip" Daniels, Arla Funk, Jeff Jonas, Craig Mariger and Mike Steed. Chairperson Judi Short, Diana Kirk and Stephen Snelgrove were excused.
Present from the Planning Staff were Planning Director William T. Wright, Deputy Planning Director Brent Wilde, Jackie Gasparik, Doug Wheelwright, Craig Hinckley and Margaret Pahl.
A roll is being kept of all that attended the Planning Commission meeting. Mr. Smith called the meeting to order at 5:00 p.m. Minutes are presented in agenda order, not necessarily as cases were heard by the Planning Commission. Tapes of the meeting will be retained in the Planning Office for a period of one year, after which, they will be erased.
APPROVAL OF MINUTES
Mr. Steed moved to approve the minutes of Thursday, February 17, 2000 subject to the discussed corrections being made. Mr. Daniels seconded the motion. Ms. Arnold, Ms. Barrows, Mr. Daniels, Ms. Funk, Mr. Jonas, Mr. Mariger and Mr. Steed voted "Aye". Ms. Kirk, Ms. Short and Mr. Snelgrove were not present. Mr. Smith, acting as Chair, did not vote. The motion passed.
PUBLIC HEARINGS
PUBLIC HEARING – Petition No. 400-00-05 & 400-00-08 by Mr. Elliott Christensen requesting Salt Lake City to vacate a portion of the Buena Vista Addition Subdivision, close some streets and alleys contained therein, and to declare the street and alleys as surplus property to facilitate the industrial redevelopment of the property. The property is bounded by 500 South Street and the Union Pacific Railroad tracks between Gladiola and Fulton Streets in a Heavy Industrial "M-2" zoning district.
Mr. Doug Wheelwright explained that there is a notice problem with this item because one property owner was left off of the mailing list. There has also been some phone calls from a number of property owners that were not initially identified as being owners. As a result, the Planning Commission will not be able to take action on this item. This item will need to come back to the Planning Commission at a future date, when it does, there will be a good possibility that the proposal will be different than what would have been presented tonight.
Mr. Elliot Christensen, the petitioner, was present for this portion of the meeting. He stated that he has been attempting to acquire lots within the Buena Vista Addition Subdivision to be able to have the subdivision vacated. Mr. Christensen then stated that he feels like he is making good progress, however, there are a few property owners who do not want to sale at this time. He hopes to eventually buy, trade or swap with the few property owners who are unwilling at this time.
Mr. Smith opened the hearing to the public and asked if anyone wished to address the Planning Commission.
Ms. Nada George, a property owner, stated that she owns property on Amelia Street. She then explained that a developer recently informed her that her property is undevelopable. Ms. George then stated that she has no objections to closing some of the alleys and the streets as long as she is able to purchase some of the land that adjoins her property. By purchasing some of the land adjoining her property, her property will then become developable.
Mr. Paul Balstead, a property owner, stated that he owns three parcels on 500 South. Mr. Balstead then stated that he is not opposed to the proposal, however, he hopes that the land owners will be allowed one of the following options: continued access to their properties, be grouped together or bought out by the petitioner.
Upon receiving no further requests to address the Planning Commission, Mr. Smith closed the hearing to the public. Mr. Smith then noted that this matter will come back to the Planning Commission at a future date.
PUBLIC HEARING – Petition No. 400-99-52: Proposed amendments to the Salt Lake City Site Development Ordinance relating to standards for interpretation of developable and undevelopable slopes in relation to foothill development.
Mr. Craig Hinckley presented the staff report outlining the major issues of the case, the findings of fact and the staff recommendation, a copy of which is filed with the minutes. Mr. Hinckley stated that on November 18, 1999 the Planning Commission reviewed a revised draft and recommended that the City Council approve the proposed amendments. However, in preparing the final ordinance for consideration by the City Council, the City Attorney's Office identified several issues that have resulted in additional revisions to the draft ordinance that the Planning Commission based its recommendation on. Therefore, the Planning Director felt that an additional public hearing would be desirable before this issue is forwarded to the City Council.
The Planning Commissioners then asked questions of Mr. Hinckley relating to the additional revisions to the draft ordinance.
Mr. Smith opened the hearing to the public and asked if anyone wished to address the Planning Commission.
Mr. Dale Gardiner, attorney for Romney Lumber Company and the Robert W. Carson Family, submitted a letter containing supplemental comments on the proposed amendments to the Salt Lake City Site Development Ordinance, a copy of which is filed with the minutes. Mr. Gardiner then stated that his clients have three objections. The first objection is that his clients feel that the City's slope standards are not based upon any kind of rationale. The second objection is that the proposed facts are more fiction than fact. Finally, it appears to his clients that these standards, coupled with the Small Area Master Plan, are designed and intended for the purpose of preventing the Romney's and the Carson's from developing their land in a reasonable manner.
Ms. Tanta Lisa Clayton, Chair of the Arcadia Heights Benchmark Neighborhood Council, recommended a few changes to the Planning Commission. The changes included language in "Subsection 18.28.30.B.11.c." and "d. Slopes Altered Prior to Annexation of Property to Salt Lake City. ii. Buildable Areas".
Ms. Cindy Cromer, a concerned citizen, stated that she appreciates that the ordinance has now been codified Ms. Cromer then offered some historical perspective. She stated that "slope" conversation began approximately ten years ago with issues such as slope stability and slope failure. After ten years, stability data is no longer what is driving the ordinance. The issues now include aesthetics, community standards about development in the foothill, livability of the City and protecting recreational areas and view sheds. Ms. Cromer then stated that she feels that bad outcomes will result regardless of what is written in the ordinance because developers will somehow take what is written and interpret it differently then what was intended. Ms. Cromer continued by stating that she feels that roads become the public part of foothill development. Therefore, she feels that the highest standards should be applied to the location of publicly dedicated roads.
Mr. Bruce Alder, Secretary for the Arcadia Heights Benchmark Neighborhood Council, submitted written comments relating to developable and undevelopable slopes and development on the foothills, a copy of which is filed with the minutes. Mr. Alder recommended a few changes to the Planning Commission. The changes included language for the definition of "Insignificant Steep Slope", "Subsection 18.28.20.A.44. Slope Classification Map" and "Subsection 18.28.30.B.11.a. Developable Area Limitation".
Mr. Jerry Bergosh, Chair of the H Rock Neighborhood Council, agreed with Mr. Alder's comments relating to the ordinance.
Ms. Katherine Gardner, representing the Capitol Hill Community Council, stated that she is pleased to see that the ordinance is in favor of protecting the Capitol Hills.
Upon receiving no further requests to address the Planning Commission, Mr. Smith closed the hearing to the public and opened it for Planning Commission discussion.
Mr. Wright spoke in reference to the comment made that the City's slope standards are not based on any kind of rationale. He then asked Mr. Wheelwright to respond to that comment.
Mr. Wheelwright stated that the City first adopted the 40% slope regulations in 1981 as part of the Site Development Ordinance; purpose language was included when that was developed and adopted. The 40% slope regulations were re-examined a number of times in the late 1980's and finally in 1994 the City considered changing the 40% prohibition to a 30% prohibition. Additionally, the 1995 Zoning Ordinance Rewrite changed the foothill zones from two to five; purpose statements were written for each of the five foothill zones.
Ms. Arnold declared a conflict of interest for this proposal and recused herself from the Planning Commission discussion and action.
The Planning Commissioners then asked questions of Mr. Hinckley relating to the additional revisions to the draft ordinance. Following a brief discussion between Staff and the Planning Commissioners, a few more changes were made to further clarify the Site Development Ordinance.
Motion for Petition No. 400-99-52:
Mr. Mariger moved, based on the findings of fact, to forward Petition No. 400-99-52 to the City Council with a favorable recommendation that the amendments to the Salt Lake City Site Development Ordinance (Chapter 18.28, Salt Lake City Code) establishing standards for interpretation of developable (less than 30%) and undevelopable (over 30%) slopes be adopted subject to the adjustments in the language to the ordinance that were discussed and recommended earlier. Ms. Barrows seconded the motion. Ms. Barrows, Mr. Daniels, Ms. Funk, Mr. Jonas, Mr. Mariger and Mr. Steed voted "Aye". Ms. Arnold was recused. Ms. Kirk, Ms. Short and Mr. Snelgrove were not present. Mr. Smith, acting as Chair, did not vote. The motion passed.
PUBLIC HEARING – Case No. 410-451 by Brian Black requesting a conditional use approval for a proposed flag lot subdivision located at 1382 West Van Buren Avenue in a Residential "R-1/7,000" 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 minutes. Ms. Pahl stated that the only issue of significance associated with this request is fire access to the proposed home. She then stated that the Fire Department is asking for a 20 foot access road to the rear. This is in direct conflict with the provisions of the flat lot ordinance. In addition, there is a hydrant within 20 feet of the driveway. Ms. Pahl then stated that asking for a 20 foot access road to the rear is a standard comment made by the Fire Department without actually visiting the site. Ms. Pahl concluded by stating that the issue will be resolved during the building permit process.
The Planning Commissioners then asked questions of Ms. Pahl relating to the Fire Department's request.
Mr. Brian Black, the petitioner, was present for this portion of the meeting and stated that he was in agreement with the staff recommendation.
Mr. Smith opened the hearing to the public and asked if anyone wished to address the Planning Commission. Upon receiving no response, he closed the hearing to the public and opened it for Planning Commission discussion.
Motion for Case No. 410-451:
Mr. Steed moved, based on the findings of fact, to approve Case No. 410-451 for the proposed flag lot subdivision subject to meeting all departmental subdivision requirements except the 20 foot wide access road as required by the Fire Department. Ms. Arnold seconded the motion. Ms. Arnold, Ms. Barrows, Mr. Daniels, Ms. Funk, Mr. Jonas, Mr. Mariger and Mr. Steed voted "Aye". Ms. Kirk,
Ms. Short and Mr. Snelgrove were not present. Mr. Smith, acting as Chair, did not vote. The motion passed.
PUBLIC HEARING – The Planning Commission will receive public comment and consider making recommendations on the Salt Lake City Housing Policy/Plan.
Mr. Smith began this portion of the meeting by opening the hearing to the public and asked if anyone wished to address the Planning Commission.
Ms. Maun Alston, Executive Director of the Travelers' Aid Society, stated that she supports, in her work with people who are homeless and very low income, the notion of small scattered assisted housing sites. She feels that the plan could be strengthened if a comment were added about the tie-in with the long range planning committee (for shelter needs of homeless persons) that Salt Lake City's participating in through the council of governments.
Mr. Bruce Quint, Director of Community Development Corporation of Utah (a non-profit agency that specializes in home ownership for low income people), shared some comments about the Plan. He stated that the Plan consists of some lofty goals. He then stated that he feels that the City will need to look at ways to make the zoning more friendly as it relates to meeting the goals of the Plan.
Ms. Barbara Toomer, Disabled Rights Action Committee, stated that she would like to see the Plan identify how many of the proposed 732 affordable housing units will be accessible to people with disabilities. People with disabilities have a real problem finding housing without steps and wide enough doorways. She feels that providing education on the Fair Housing Act is long overdue. Ms. Toomer would also like to see the Plan include a timeline. Her main criticisms of the plan are not considering long range goals and having no timelines.
Mr. Ken Holman, President of Overland Development, stated that he has built several affordable housing units in the community. He then stated that it appears to him that a case is being made that there is a need for over 25,000 additional housing units which he cannot see any supporting evidence. Mr. Holman stated that he does not see the demand for that many housing units because there is currently a 7.5% vacancy rate which is continuing to rise. He requested that the Plan provide some additional documentation to support the additional housing that is being recommended. Also, if the City would like the for-profit community involved in developing affordable housing, incentives will need to be provided property tax relief, low income housing loans or other creative ideas.
Mr. Marion Willey, Executive Director of Utah Non-Profit Housing Corporation, stated that the Corporation has over 900 affordable housing units, most of them are in Salt Lake City. Mr. Willey then stated that he feels that mobile home parks can be nice parks to provide low income units. Mr. Willey encouraged the City to consider changing the zoning to accommodate for mobile home parks.
Ms. Sharon Abegglen, representing the Salt Lake Community Action Program, stated that the plan mentions that the vacancy rate for 1999 was 7.7%. This number is the overall vacancy rate for all rental housing. Ms. Abegglen then stated that if there is affordable housing above $300/month, some families are put at risk of becoming homeless. She asked that the Plan focus on providing very low income affordable housing units.
Mr. Steed asked Ms. Abegglen to provide a statistic breakdown as to the demographics of the people going to the Salt Lake Community Action Program looking for housing. Ms. Abegglen stated that the majority of the people looking for homes are single female head of household with one or two children. She then stated that she will gather information and provide it to the Planning Commission. Mr. Daniels asked that the statistics include some numbers on the amount of people in the Salt Lake City and Salt Lake County areas that are on waiting lists for affordable housing.
Ms. Terry Feveryear, representing the Salt Lake City Housing Authority, stated that people are unable to find affordable housing due to how regulations are written and current rental rates for the units. A person cannot pay over 40% of their income towards rent. It is very important to get the rents lower or be able to offer packages to developers where they can set aside a certain number of affordable units per project. The Housing Authority has about 3,000 people on their waiting list. Of those 3,000, 60% are single female head of household, 15% and 15% are special needs or two parent households.
Mr. Tim Funk, Director of Utah HUD Tenants Association, stated that the Association works with people who are Section 8 subsidized certificate holders. There are many properties in the Salt Lake City area that are federally assisted where these people live. There is a hidden fact that the contracts are starting to expire on many of those properties. Mr. Funk then stated that over 1,000 low income units could be lost. Due to the need of housing, he feels that preservation needs to be strongly considered for these properties because preserving an existing unit is more cost effective than building a new unit.
Upon receiving no further requests to address the Planning Commission, Mr. Smith closed the hearing to the public and opened it for Planning Commission discussion.
Ms. Deeda Seed addressed the Planning Commission by responding to the issues brought up during the public hearing.
Ms. Funk addressed a few suggestions that could be considered to help affordable housing remain affordable. She feels that the City is driving up the cost of housing through licensing fees, increases in utility costs, decreased services to rental units and property taxes. The City could also look at the possibility of changing some of the existing rental units to affordable units.
Mr. Jonas asked about the process for the Plan. Ms. Seed stated that she is in the process of gathering input from the Planning Commission, Historic Landmark Commission and the public. After which, the document will be taken to the City Council in April. When the Plan goes before the City Council, it will include a timeline. The timeline will have all of the policy statements, the implementation strategies and measurable goals.
Ms. Arnold commented that she is disappointed to see that no one from the neighborhoods was present to address the Plan. She feels that there may not have been proper notification to the home owners. Ms. Seed stated that a notice was published in the newspaper as well as several notices were mailed to various individuals.
Mr. Steed commented by stating that he feels that the Housing Plan is a difficult issue to understand which may explain why there is lack of public involvement. He also feels that it is hard for the public to understand because the plan is such a broad stroke. Mr. Steed then stated that he would like the Planning Commission to have the opportunity to review the final document before a recommendation is forwarded to the City Council.
Ms. Seed stated that she could have a final draft to the Planning Commission for their April 6, 2000 meeting which will be prior to the City Council's briefing and hearing.
Mr. Mariger asked if it would be possible to get a strike and bold version so that the changes will be noticeable. Ms. Seed agreed to provide a strike and bold version for the Planning Commission's review on April 6th.
Mr. Smith re-opened the hearing to the public to allow an additional person to speak.
Ms. Samantha Francis, Chair of the People's Freeway Community Council, stated that she has received plenty of notices. She continued by stating that she feels that the community is exhausted. Housing issues, such as this one, are not a community concern unless the community chairs push the issue.
Mr. Smith closed the hearing to the public and opened it for further Planning Commission discussion.
Motion for the Salt Lake City Housing Policy/Plan:
Ms. Funk moved to continue the discussion relating to the Salt Lake City Housing Policy/Plan until April 6, 2000 when a final draft will be provided. Mr. Steed seconded the motion. Ms. Arnold, Mr. Daniels, Ms. Funk, Mr. Jonas, Mr. Mariger and Mr. Steed voted "Aye". Ms. Barrows, Ms. Kirk, Ms. Short and Mr. Snelgrove were not present. Mr. Smith, acting as Chair, did not vote. The motion passed.
OTHER BUSINESS
Annual Subdivision and Condominium Report.
Mr. Smith noted that this item has been postponed until a future Planning Commission meeting.
There being no further business, the meeting adjourned at 7:35 p.m.