SALT LAKE CITY PLANNING COMMISSION
451 South State Street, Rooms 335, 126 and 315
Prior to the meeting, a dinner was served to honor four Planning Commission members whose terms had expired. The four members were Ann Roberts, Lynn Beckstead, Ralph Becker and Rick Howa. The Planning Commission Chairperson, Kimball Young, presented them with a plaque and a gift as a token of appreciation for the many hours of their time in which they had volunteered to the City. Sandra Marler was also honored and acknowledged for a job well done as the Planning Commission secretary for the past eight years.
Present from the Planning Commission, for the dinner, were Chairperson Kimball Young, Max Smith, Aria Funk, Judi Short, Diana Kirk, Jim McRea, Andrea Barrows, Gilbert lker, Fred Fife and Carlton Christensen.
Present from the Planning Commission, for the meeting, were Chairperson Kimball Young, Max Smith, Aria Funk, Judi Short, Diana Kirk, Andrea Barrows, Fred Fife and Carlton Christensen. Jim McRea and Gilbert lker were excused.
Present from the Planning Staff were Deputy Planning Director Brent Wilde, Ray McCandless, Doug Wheelwright and Everett Joyce.
A roll is being kept of all who attended the Planning Commission meeting. The meeting was called to order at 6:00 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
Mr. Smith moved to approve the minutes of Thursday, April 17, 1997 subject to making the minor corrections that had been discussed. Ms. Barrows seconded the motion. Mr. Christensen, Ms. Funk, Ms. Barrows, Ms. Short, Mr. Fife, Ms. Kirk and Mr. Smith voted "Aye". Mr. lker and Mr. McRea were not present. Mr. Young, as Chair, did not vote. The motion passed.
PETITIONS
PUBLIC HEARING - Petition No. 410-261 by William & Lorilee Richardson requesting approval for a flag lot to be located at 1392 W. Van Buren Avenue, in a Residentiai"R1- 7000" zoning district.
Mr. Ray McCandless 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. Lori lee Richardson, the petitioner, was present for this portion of the Planning Commission meeting and stated that she and her husband were in agreement with the staff recommendations and they feel that this flag lot will be a great benefit to the community.
Mr. Young 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 on Petition No. 410-261:
Ms. Funk moved to approve Petition No. 410-261, based on the findings of fact, to allow a f1ag lot at 1392 West Van Buren Avenue subject to meeting all requirements of the various City departments and that preliminary subdivision approval be granted. Ms. Kirk seconded the motion.
Ms. Barrows stated that she is not convinced that a flag lot would be an attribute to this community.
Mr. Christensen, Ms. Funk, Ms. Short, Mr. Fife, Ms. Kirk and Mr. Smith voted "Aye". Ms. Barrows voted "Nay". Mr. lker and Mr. McRea were not present. Mr. Young, as Chair, did not vote. The motion passed.
PUBLIC HEARING -Petition No. 400-97-13 by David B. Haight Ill requesting approval for a zoning amendment at approximately 718 North 5600 West from an Agriculture "AG" zoning district to a Light Manufacturing "M-1" zoning district.
Mr. Ray McCandless 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. Doug Wheelwright explained the relationship between this petition and the future Legacy Highway. He stated that this property is affected by both local and regional transportation issues. The proposed alignment of the Legacy Highway, a north/south alternative to Interstate 15, is 5600 West. North of the International Center, the highway is proposed to curve eastward, extend north along the west side of the Salt Lake City International Airport, and continue northeasterly into Davis County. An alternative to this alignment is to connect the Legacy Highway into 1-215 east of the Airport near Redwood Road. This alternative alignment would not involve the Haight's property or the International Center. The completion date for the Legacy Highway is projected for 1999. Planning Staff feels that rezoning this property is not going to prevent or encumber the ability of UDOT to deal with the transportation on a regional basis. Therefore, it is being recommended that the rezoning go forward at this time.
Mr. David B. Haight III, the petitioner, was present for this portion of the Planning Commission 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. Upon receiving no response, he closed the hearing to the public and opened it for Planning Commission discussion.
Motion on Petition No. 400-97-13:
Ms. Kirk moved to approve Petition No. 400-97-13, based on the findings of fact, to rezone the property located at approximately 718 North 5600 West from an Agricultural "AG" to a Light Manufacturing "M-1" zoning district and further moved that this be transmitted with a favorable recommendation to the City Council for adoption. Mr. Smith seconded the motion. Mr. Christensen, Ms. Funk, Ms. Short, Mr. Fife, Ms. Kirk, Ms. Barrows and Mr. Smith voted "Aye". Mr. lker and Mr. McRea were not present. Mr. Young, as Chair, did not vote. The motion passed.
PUBLIC HEARING- Petition Nos. 400-96-74 and 400-96-75 by Salt Lake City requesting adoption of a Mixed Use zoning district classification and the rezoning of certain properties within the West Capitol Hill Neighborhood to implement the proposed zoning changes recommended in the adopted West Capitol Hill Neighborhood Plan.
Mr. Everett Joyce 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. He stated that the concept of mixed use includes a mixture of land uses to occur either in individual structures or in a given area, rather than distinctively separating land uses with different zoning types. Appropriate land uses include residential, retail and office type land uses and wholesaling type uses that have historically developed within the area.
Mr. Joyce continued by stating that potential for land use conflicts can be mitigated through application of design guidelines. Some of the design guidelines to be used in the development and redevelopment of properties within the mixed use designation include:
• Building height maximums:
o Residential: Four stories- permitted; six stories- conditional use
o Commercial: Two stories
o Office: Two stories
o Mixed Use: Six stories with upper four levels residential
• Properties developed with drive-through facilities should be located on the main circulation corridors rather than local streets.
Mr. Joyce then stated that the Capitol Hill Community Advisory Committee brought out zoning issues during discussion regarding two areas within the neighborhood. These are Ardmore Court and properties on the east side of the 300 West Street between Wall Street and Fern Avenue. The staff has re-evaluated at this time the proposed zoning for the two areas within the neighborhood. Mr. Joyce then outlined the following findings:
1. The proposed zoning changes are incorporated within the West Capitol Hill
Neighborhood Plan and are in conformance with and will implement the goals of the master plan.
2. The adjusted zoning change to "SR-1" for the Ardmore Court is consistent with the development character and the master plan.
3. The "MU" - mixed use zoning classification is the appropriate zoning for the properties on the east side of 300 West Street between Wall Street and Fern Avenue and is consistent with the West Capitol Hill Neighborhood Plan.
4. A key implementation strategy of the West Capitol Hill Neighborhood Plan is adoption of the Mixed Use zoning district classification as well as the proposed zoning changes identified within the master plan.
5. The proposed Mixed Use text supports and would implement the master plan's
Future Land Use Plan.
Mr. Young opened the hearing to the public and asked if anyone wished to address the Planning Commission.
Mr. Tom Horne, President of Bish's Sheet Metal at 367 West 900 North, stated he supports the overall concept of the proposed rezoning, however, he is opposed to the proposed zoning change, from Manufacturing "CG" to Business Park "BP", in relation to his property. He stated that if the zoning is changed, Bish's Sheet Metal will become non-conforming and the new zoning will halt all future plans for expansion. A letter from Mr. Horne is filed with the minutes.
Mr. Joyce stated that Planning Staff has reviewed the property and Mr. Horne's request. He stated that the reason for zoning this area "BP" was to protect the 300 West Gateway entrance. Mr. Joyce then stated that the "CG" zoning classification would be acceptable on Mr. Horne's property because the protection for 300 West will still be provided by the other properties in the area that would be zoned "BP".
Mr. Wilde stated that the Planning Staff was sensitive to some of the higher commercial type uses on the 400 West frontage. The current "CG" zoning classification, for the Bish property, would not be inconsistent for the area if the Planning Commission feels it is appropriate. Ms. Funk asked if the Planning Staff was recommending the "CG" zoning classification.
Mr. Joyce stated that it has not been evaluated and recommended in the staff report, but the staff would support the "CG" zoning classification.
Mr. Richard Carman, a property owner in the proposed zoning change area, stated that he is opposed to the zoning change because it will make it impossible for an expansion of his business in the future. Mr. Carman feels that adding residential development in this area would be very unrealistic. Mr. Carman expressed concern that this area did not have the population necessary to support neighborhood businesses such as boutiques and automobile tune-up shops or those businesses would already be locating in that area. He said he believed there was, however, tremendous potential for commercial use in the area.
Mr. Young asked Mr. Carman if he views the zoning changes as injurious to his business situation. Mr. Carman stated that the zoning change would not stop him from conducting business because he will be "grandfathered" in, but it could stop him from expanding his business. He stated that he had no problem with mixed use zoning but felt that it should be more inclusive with business such as appliance repair shops, plumbing shops and electrician shops.
Mr. Don Penman, a property owner in the proposed zoning change area, stated that he believes that an arterial road would not adjust easily in a predominately residential area. By changing the zoning to allow more residential structures in this area, it will create a conflict between the residents and the amount of traffic that will be on 300 West and 400 West Streets. Mr. Penman also expressed some concern that the zoning change would limit tenants and his opportunity for rental will become much more restrictive.
Ms. Hermoine Jex, a representative from the Capitol Hill Neighborhood Council, stated that the purpose of the Redevelopment Agency's blight designation of Capitol Hill's ten block strip from 200 West to 400 West and 300 North to 800 North was to upgrade the area and to protect West High and the residential neighborhood. To implement this objective, the zoning is a major key. Ms. Jex then listed some suggestions that she feels would better protect the area. Some of her suggestions were:
1. Need a conditional use overlay for some of the commercial/mixed-use zones.
2. Recommend a height limit of 35 feet in this area.
3. Determine land use decisions on an entire block analysis/review, and not on strip zoning.
A letter listing all of Ms. Jex's suggestions is filed with the minutes.
Mr. Brek Anderson, a property owner in the proposed zoning change area, spoke in reference to 600 North in relation to it being an off-ramp from 1-15. He feels that 600 North near the off-ramp to the freeway should not be downzoned to allow residential because of the high volume of traffic. Mr. Joyce stated that the designated zoning classifications on 600 North allows for more than just residential uses.
Ms. Funk asked if plumbing and electrician shops would be permitted if they were retail services. Mr. Wilde stated that they would be permitted as retail services. However, the definition of retail services is personal oriented and it would not allow for shops that provided services to a commercial or industrial client.
Mr. Ron Nielsen, a property owner in the proposed zoning change area, is opposed to the proposed zoning. He stated that businesses can start in this area, but once they become a commercial status they will have to move to a new location. Mr. Nielsen feels that business owners will not want to begin a business knowing that they may have to move to a new location in order to expand their business. He also stated that even though the area is clean, he feels that this area would not be appropriate for a lot of residential homes.
Ms. Susan Horne, Vice-President of Bish's Sheet Metal at 367 West 900 North, would like this property to remain a "CG" zoning classification. She also spoke concerning another piece of property which is the 'first lot that fronts Fern Avenue off of 300 West. Ms. Horne also owns property that 'fronts on 300 West, which is one the same corner as the Fern Avenue property. The property that fronts on 300 West is zoned "MU" and the Fern Avenue property is zoned "SR-1 ". Ms. Horne expressed concern that having the two different zoning classifications will make it difficult to improve the corner for the better.
Mr. LeRoy Cole, a property owner in the proposed zoning change area, stated that he bought his building 20 years ago with an "M-1" zoning classification. He is opposed to the proposed zoning change because it will decrease the value of his property and it would limit the types of uses for the building.
Mr. Horne stated that he feels like this area is too commercialized and that there are too many cars for new residential developments.
Mr. Wilde stated that this area, from a planning perspective, is a difficult area. It was originally developed with some of the early residential pockets in the valley. Very permissive zoning through the years has allowed the encroachment of commercial and industrial districts. The Planning Staff has gone through the planning process looking at possible options. The options that did not seem to work were to leave the area zoned commercial or downzone the properties to residential and make all of the businesses nonconforming. Mr. Wilde continued by stating that the Planning Staff went through a very lengthy process to try to find a balance between those two competing interests. The Mixed Use zone was an option that would accommodate both the residential properties and the commercial properties and it would give the Planning Staff a zoning tool that would assure that they could co-exist in a compatible manner.
Mr. Don Williams, a former property owner in the proposed zoning change area, spoke concerning the Mixed Use zoning. He stated that although he has just recently sold his property, he is opposed to the Mixed Use zoning classification. He feels that the proposed zoning will have negative impacts to the commercial property owners in the area. Mr. Williams also stated that he was concerned that this area, due to the high volume of traffic, would not be good for residential structures.
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.
Ms. Kirk made a clarification to those who have made public comments. She stated that the Planning Commission members do not have their mind made up prior to a public hearing. The Planning Staff presents the facts, as they see it, in a staff report.
The Planning Commission members review the staff report and make their decisions based on the facts and the personal input from the community. The Planning Staff tries to come up with the best design that works for the community and the City and the Planning Commissioners do their best to approve the best plan.
Mr. Fife agreed with Ms. Kirk's comments and stated that he also has full trust in the staff's recommendations and what they feel would be the best solution. He then stated that he feels that some of the comments made tonight were a discredit to the Planning Staff.
Mr. Wilde stated that historically, the "M-1" and "C-3" zoning classifications prevailed in this area for years. The "M-1" zoning district allowed for junk yards and the "C-3" zoning district allowed for open storage with no landscaping requirements and virtually no site design controls on many of those uses. Mr. Wilde then stated that his comment was not intended to be a negative comment towards commercial businesses, however, it is not difficult to drive that area and see some land use conflicts. There are commercial and industrial uses adjacent to homes that zoning could prevent if it was properly established.
Mr. Christensen stated that he would like to see the Bish Sheet Metal property and the property adjacent to it be zoned "CG" so that Mr. Horne can continue doing business there. He then stated that he has lived in this area for many years and he views the Mixed Use zoning as an opportunity to bring the residential and the commercial structures together. Mr. Christensen then commented that he would like to see commercial services allowed in the Mixed Use zoning classification as well as retail services. The present buildings, and any future buildings, need to come to form and help develop a gateway into Salt Lake City and the West Capitol Hill area.
Ms. Kirk agrees with Mr. Christensen and asked how the Planning Commission members could address having commercial services. Mr. Wilde stated that commercial services would need to be defined as services directed towards commercial and industrial businesses. Then, commercial services could be approached by either limiting the square footage or by making it a conditional use. Ms. Kirk asked about the property that was mentioned by Ms. Horne that is zoned "SR-1". Mr. Joyce stated that Planning Staff tried to discourage expansion of commercial uses to the side streets, on the east side of 300 West, due to it being in both a residential and an historic district.
Mr. Wilde stated that if there is a legitimate business license in place, it would be acceptable to zone that property "MU". Mr. Wilde then commented that the Planning Commission members may want to also consider allowing a provision for wholesale distribution in some controlled manner, either by limiting the square footage or by making it a conditional use.
Mr. Smith reminded the public that the West Capitol Hill Neighborhood Plan was approved several months ago and that the plan is not the issue that is being debated tonight.
Motion on Petition No. 400-96-7 4:
Mr. Smith moved to approve Petition No. 400-96-74 in relation to the Mixed Use Zoning District text based on the findings of the staff report and that some expansion of commercial services and also wholesale distribution be included as conditional uses and that the exact parameters, as to size, be further studied by staff for review at a later date, and that this be transmitted with a favorable recommendation to the City Council for adoption. Mr. Christensen seconded the motion. Mr. Christensen, Ms. Funk, Ms. Barrows, Ms. Short, Mr. Fife, Ms. Kirk and Mr. Smith voted "Aye". Mr. lker and Mr. McRea were not present. Mr. Young, as Chair, did not vote. The motion passed.
Motion on Petition No. 400-96-75:
Mr. Smith moved to approve Petition No. 400-96-75 based on the findings of the staff report that the proposed zoning map changes of the West Capitol Hill Neighborhood Plan, including the Ardmore Court modification to "SR-1" zoning, that the property currently owned by Bish Sheet Metal, on the southeast corner of 400 West and 900 North, remain zoned "CG" and that the first lot that fronts Fern Avenue, east of 300 West on the north side of Fern Avenue, be zoned "MU" and further moved that this be transmitted with a favorable recommendation to the City Council for adoption. Ms. Kirk seconded the motion. Mr. Christensen, Ms. Funk, Ms. Barrows, Ms. Short, Mr. Fife, Ms. Kirk and Mr. Smith voted "Aye". Mr. lker and Mr. McRea were not present. Mr. Young, as Chair, did not vote. The motion passed.
PUBLIC HEARING- Petition No. 400-97-20 by former City Councilmember Sam Souvall requesting an amendment to the Capitol Hill Community Master Plan and amendment to the Zoning Map for the property at approximately 259 N. Almond Street (the vacant property owned by Watts Corporation). The request is to amend the master plan and rezone this property from Residential "RMF-45" to a Residential "SR-1" zoning district. (If continued by the Planning Commission from the April 17, 1997 meeting.)
Mr. Young stated that this item has been cancelled and that negotiations are underway between the City and the petitioner which may result in this item going directly to the City Council for action.
Mr. Wilde stated that the Planning Staff has briefed the City Council on this petition and when they went to executive session, they discussed legal issues and its potential for litigation. The Administration has been working with Mr. Russ Watts to arrive at a settlement agreement. Mr. Wilde provided an overview of the provisions in the settlement agreement and explained the anticipated process.
OTHER BUSINESS
There being no further business, the meeting adjourned at 8:30 p.m.