May 20, 1999

SALT LAKE CITY PLANNING COMMISSION

451 South State Street, Room 126

Present from the Planning Commission was Chairperson Judi Short, Vice-Chairperson Max Smith, Andrea Barrows, Arla Funk, Diana Kirk, Stephen Snelgrove and Mike Steed. Gregory DeMille, Gilbert Iker and Craig Mariger were excused.

Present from the Planning Staff was Planning Director William T. Wright, Deputy Director Brent Wilde, Merrill Nelson, Ray McCandless, Margaret Pahl, Joel Paterson, Doug Dansie and Doug Wheelwright.

A roll is being kept of all that attended the Planning Commission meeting. Ms. Short called the meeting to order at 5:20 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, May 6, 1999 subject to a few minor corrections being made as noted by Mr. Snelgrove. Ms. Kirk seconded the motion. Mr. Smith, Ms. Barrows, Ms. Funk, Ms. Kirk, Mr. Snelgrove and Mr. Steed voted “Aye”. Mr. DeMille, Mr. Iker and Mr. Mariger were not present. Ms. Short, as Chair, did not vote. The motion passed.

PUBLIC HEARINGS

PUBLIC HEARING – Case No. 410-340 by Sprint PCS requesting a conditional use for wall mounted telecommunication antennas to be installed on the Hale Bakery located at 1298 South 900 East in a Neighborhood Commercial “CN” zoning district.

Mr. Merrill Nelson 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. Mike Ditterick, representing the petitioner, was present for this portion of the meeting and stated that he was in agreement with the staff recommendation.

Ms. Short opened the hearing to the public and asked if anyone wished to address the Planning Commission.

Mr. Larry Niler, a concerned citizen, asked if the proposed antennas will disrupt his telephone reception, television reception or the electricity in his home. Mr. Ditterick stated that the proposed antennas will not disrupt any services in his home or any other home.

Ms. Kayleen Hale, Manager of the Hale Bakery, stated that she has been very impressed with Sprint PCS and the information that they have provided. Ms. Hale also

noted for the record how supportive the Hale Bakery customers have been after finding out what was being proposed for the bakery.

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

Motion for Case No. 410-340:

Ms. Kirk moved, based on the findings of fact, to approve Case No. 410-340 to allow wall-mounted cellular telecommunications antennas on the Hale Bakery subject to the following conditions as listed in the staff report with one addition as noted:

1. Painting the antennas a color to match the building as discussed in the staff report.

2. Screening all equipment with a solid fence no higher than six feet and painted a color that will match the existing building. The equipment structure shall not be higher than six feet. (underlined portion added by the Planning Commission)

3. Meeting all requirements of the various City departments.

4. The proposal will not diminish any required parking for the existing bakery.

Mr. Smith seconded the motion. Mr. Smith, Ms. Barrows, Ms. Funk, Ms. Kirk, Mr. Snelgrove and Mr. Steed voted “Aye”. Mr. DeMille, Mr. Iker and Mr. Mariger were not present. Ms. Short, as Chair, did not vote. The motion passed.

PUBLIC HEARING – Case No. 410-343 by U.S. West Wireless requesting a conditional use for roof mounted telecommunication antennas to be installed on the U.S. West Telecommunications building located at 781 East 2100 South in a Commercial Corridor “CC” zoning district.

Mr. Merrill Nelson 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. Barrows asked about a previous conditional use approval issued to U.S. West Wireless, Case No. 410-323, in November of 1998. Mr. Nelson stated that U.S. West Wireless did get an approval to install wireless telecommunications antennas on the roof of the 721 Plaza office building located at 645 East 2100 South. Since that approval was issued, U.S. West Wireless has now decided that the current proposal, 781 East 2100 South, better serves their needs. Therefore, U.S. West Wireless will no longer need the previous conditional use approval for Case No. 410-323.

After a brief discussion concerning the previously approved conditional use, Case No. 410-323, it was decided that the Planning Commission would approve the current proposal, Case No. 410-343, subject to U.S. West Wireless withdrawing the first approval.

Mr. Steve Whittaker, representing the petitioner, was present for this portion of the meeting and stated that he was in agreement with the staff recommendation.

Mr. Steed asked if Mr. Whittaker had any objections to the withdrawal of the previous conditional use approval, Case No. 410-323? Mr. Whittaker stated that he has no objections.

Ms. Short opened the hearing to the public and asked if anyone wished to address the Planning Commission. Upon receiving no response, she closed the hearing to the public and opened it for Planning Commission discussion.

Motion for Case No. 410-343:

Ms. Kirk moved, based on the findings of fact, to approve Case No. 410-343, to allow roof-mounted cellular telecommunications antennas subject to the following conditions as listed in the staff report with one addition as noted:

1. Painting the roof mounted antennas a flat medium-gray color to blend with the skyline as discussed in the staff report.

2. No horizontal cross bracing will be used.

3. Meeting all other requirements of the various City departments.

4. The previous conditional use approval from November of 1998, Case No. 410-323, be rescinded. (underlined portion added by the Planning Commission)

Ms. Barrows seconded the motion. Mr. Smith, Ms. Barrows, Ms. Funk, Ms. Kirk, Mr. Snelgrove and Mr. Steed voted “Aye”. Mr. DeMille, Mr. Iker and Mr. Mariger were not present. Ms. Short, as Chair, did not vote. The motion passed.

PUBLIC HEARING – Case No. 410-344 by U.S. West requesting a conditional use for a Wireless Telecommunication Facility located at 1612 South State Street in a Commercial Corridor "CC" 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. Steve Whittaker, representing the petitioner, was present for this portion of the meeting and stated that he was in agreement with the staff recommendation.

Ms. Short opened the hearing to the public and asked if anyone wished to address the Planning Commission.

Mr. John Francis, Vice-Chair of the People’s Freeway Community Council, stated that the community council approved this proposal unanimously.

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

Motion for Case No. 410-344:

Mr. Steed moved, based on the findings of fact, to approve Case No. 410-344 to allow a cellular telecommunication antenna on an existing lattice tower at 1621 South State Street subject to the following conditions as listed in the staff report:

1. Painting the antennas a flat medium gray as discussed in the staff report.

2. Mounting the antennas directly to the structure.

3. The antennas be mounted directly to the tower and that no horizontal support 'arms' be used.

4. Meeting all requirements of the various City Departments.

Ms. Kirk seconded the motion. Mr. Smith, Ms. Barrows, Ms. Funk, Ms. Kirk, Mr. Snelgrove and Mr. Steed voted “Aye”. Mr. DeMille, Mr. Iker and Mr. Mariger were not present. Ms. Short, as Chair, did not vote. The motion passed.

PUBLIC HEARING – Petition No. 400-99-10 by Elliot Christensen requesting approval to vacate a portion of the Buena Vista Addition Subdivision, close the streets and alleys contained therein, and declare the street and alley property surplus in preparation for redevelopment of the property. The property is located at approximately 650 South between Gladiola and Fulton Streets and is in a Heavy Industrial "M-2" 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. Elliott Christensen, the petitioner, was present for this portion of the meeting and stated that he was in agreement with the staff recommendation.

Ms. Short opened the hearing to the public and asked if anyone wished to address the Planning Commission.

Mr. Dave Brundle, a property owner on the south side of 700 South, stated that if 700 South is approved to be vacated then his property becomes landlocked. Mr. Brundle has met briefly with the petitioner and stated that he does not want to sell his property, however, he would be willing to trade his property for a some property that would not be landlocked if 700 South were to be vacated.

Mr. Wilde asked Mr. Brundle if he currently has paved access to his property. Mr. Brundle stated that he does not have paved access, however, he can access his property with a four-wheel drive vehicle.

Mr. Marvin Miller, a property owner at the end of Fulton Street and 686 South Bellflower Street (which is north of 700 South), stated that he is opposed to the vacation of 700 South unless provisions are made to access his property. Mr. Miller then stated that he has also tried to negotiate a property trade with the petitioner without any success.

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

Mr. Wilde suggested to the Planning Commissioners that they table this item to give Staff time to investigate the issues that have been raised by Mr. Brundle and Mr. Miller.

Motion for Petition No. 400-99-10:

Mr. Smith moved to postpone a decision on Petition No. 400-99-10. Ms. Barrows seconded the motion. Mr. Smith, Ms. Barrows, Ms. Funk, Ms. Kirk, Mr. Snelgrove and Mr. Steed voted “Aye”. Mr. DeMille, Mr. Iker and Mr. Mariger were not present. Ms. Short, as Chair, did not vote. The motion passed.

PUBLIC HEARING – Case No. 410-347 by Iverson Homes requesting conditional use approval for a reduced width public street and preliminary subdivision approval for a 33 lot residential subdivision located at 533 North Redwood Road in a Residential “R-1-5000” 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.

Mr. Dewayne Iverson, the petitioner, and Mr. John Francis, the engineer, were present for this portion of the meeting and stated that they were in agreement with the staff recommendation.

Mr. Steed stated that he feels that parking should not be allowed on either side of the street for the first 70 feet of the access road as vehicles enter and/or exit the subdivision. Mr. Steed then stated that he would really like to make sure that a pedestrian access is put into the neighborhood because of the nearby elementary school.

Motion for Case No. 410-347:

Mr. Steed moved, based on the findings of fact, to approve Case No. 410-347 for a reduced width public street and grant preliminary subdivision approval to the 33 lot Jensen Meadows Subdivision subject to the following conditions as listed in the staff report with three additions as noted:

1. UDOT approval for Redwood Road access.

2. Secondary emergency vehicle access from 500 North.

3. Standard departmental technical requirements.

4. Parking restrictions as required by the Fire Department.

5. That there be no parking within the first 70 feet of the entrance and/or exit from Redwood Road. (underlined portion added by the Planning Commission)

6. That there be a pedestrian right-of-way into the neighborhood located in the southwest corner. (underlined portion added by the Planning Commission)

7. That there be a Homeowner's Association. (underlined portion added by the Planning Commission)

8. Final approval be delegated to the Planning Director for the following design items:

a. Architectural design and building materials.

b. Fencing materials.

c. Final landscaping plan for the C.W.A./open space amenity.

d. Final plat signature.

PUBLIC HEARING – Kimball Project LLC is requesting preliminary condominium approval to convert the Kimball Electronics buildings into 51 condominium units located at 346 West Pierpont Avenue in a Downtown “D-3” zoning district.

Mr. Smith declared a conflict of interest for this proposal, recused himself from the Planning Commission and left the room.

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 then stated that the only issue for this condominium conversion is the parking. A parking analysis has been done for the existing businesses and the available parking in the area (i.e. on-street parking, metered parking, and leased parking) and found that there are a variety of options for people who live and work in the surrounding area.

Mr. Gary Evershed, the petitioner, was present for this portion of the meeting and stated that he was in agreement with the staff recommendation.

Ms. Short opened the hearing to the public and asked if anyone wished to address the Planning Commission.

Mr. John Francis, Vice-Chair of the People’s Freeway Community Council, stated that this proposal has not been heard by the community council, however, it may not be necessary because it meets the council's policy to provide reuse of underutilized buildings in the gateway area.

Mr. Stephen Goldsmith, a resident and business owner on Pierpont Avenue, stated that he realizes that the parking in this area is terrible, however, it is a situation that is welcomed because of a statement made by Mr. Arlo Nelson, a city employee, in 1983 when the Pierpont project was being proposed. Mr. Nelson stated that "one of the signs of success of the project is going to be when it is hard to park in the area." It is difficult to find a parking space, however, it is much more important to get as many people to this area as possible and not have automobiles drive the decision making.

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

Ms. Funk stated that she feels that by limiting the parking, it excludes a segment of the population from coming to support the businesses in the area. She feels that the parking for this project should be maximized as much as possible.

Mr. Steed stated that he feels that the future will create solutions for the parking issues. We should look at some of these downtown apartments and encourage people to use something other than a vehicle for their means of transportation.

Motion for the Kimball Project LLC:

Ms. Kirk moved to grant preliminary condominium approval for the Kimball Project LLC subject to compliance with departmental requirements and further delegate final approval to the Planning Director. Ms. Kirk further moved to encourage Staff to review parking issues, specifically guest parking. Ms. Steed seconded the motion. Ms. Barrows, Ms. Funk, Ms. Kirk, Mr. Snelgrove and Mr. Steed voted “Aye”. Mr. Smith was recused. Mr. DeMille, Mr. Iker and Mr. Mariger were not present. Ms. Short, as Chair, did not vote. The motion passed.

Mr. Smith returned to the Planning Commission meeting at this time.

PUBLIC HEARING – Case No. 410-329 by H. Roger Boyer, representing Gateway Associates, requesting final design approval for a mixed-use planned development on approximately 26 acres located between North Temple & 200 South and 400 West & 500 West in a Gateway Mixed-use “G-MU” zoning district. The project received conceptual approval from the Planning Commission on November 19, 1998.

Ms. Short noted that this request has been postponed until a future Planning Commission meeting.

PUBLIC HEARING – The Planning Commission will also consider a proposal by H. Roger Boyer to create a four-lot minor subdivision located between 400 West and 500 West from North Temple to 200 South in a Gateway Mixed-use “G-MU” zoning district.

Ms. Kirk declared a conflict of interest for this proposal, recused herself from the Planning Commission and left the room.

Mr. Joel Paterson 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. Paterson then stated that this proposal was heard at administrative hearings on January 26, 1999 and March 2, 1999 when minor subdivision approval was granted subject to the satisfaction of departmental requirements and a resolution of property ownership issues. Following an administrative hearing, the subdivision ordinance provides a 14-day appeal period when any aggrieved person may submit a written appeal. If a minor subdivision approval is appealed, the subdivision then goes to the Planning Commission. Mr. Paterson continued by stating that Mr. Stephen Swindle, representing McDonald Brothers Investments, submitted a written appeal of the hearing officer's administrative approval of the Gateway Minor Subdivision. The McDonald's own property at the northeast corner of 500 West and 200 South. The McDonalds ownership extends to the east beyond the proposed extension of Rio Grande Street and north to the UP&L substation. Mr. Paterson then stated that Mr. McDonald has been negotiating with the Redevelopment Agency and we had hoped to have a resolution to the ownership issues prior to tonight's hearing. Due to the unresolved ownership issues, Staff recommends that the Planning Commission not make a decision until the next scheduled Planning Commission meeting (June 17, 1999).

Mr. Steve Cain, representing the petitioner, was present for this portion of the meeting and stated that he was in agreement with the staff recommendation.

Motion for H. Roger Boyer's four-lot minor subdivision:

Ms. Funk moved to postpone a decision on the four-lot minor subdivision until June 17, 1999. Mr. Smith seconded the motion. Mr. Smith, Ms. Barrows, Ms. Funk, Mr. Snelgrove and Mr. Steed voted “Aye”. Ms. Kirk was recused. Mr. DeMille, Mr. Iker and Mr. Mariger were not present. Ms. Short, as Chair, did not vote. The motion passed.

Ms. Kirk returned to the Planning Commission meeting at this time.

PUBLIC HEARING – Case No. 410-342 by Ord & Rodgers Construction/Babcock Design requesting a conditional use for a residential condominium project located at the northeast corner of South Temple and 400 West in a Downtown “D-4” zoning district. The conditional use requests (1) setbacks greater than five feet from the front and corner side yards, (2) height greater than 65 feet, (3) no retail on the first floor street frontages, and (4) waiver of 40% glass requirement.

Mr. Doug Dansie 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. John Diamond, of Babcock Design, and Mr. John Ord, of Ord & Rodgers, were present for this portion of the meeting and stated that they were in agreement with the staff recommendation. Messrs. Diamond and Ord addressed questions raised by the Planning Commission relating to the number of units, the size of the units, phasing the project, parking requirements and the height of the building. Mr. Diamond then identified the proposed design and building materials by using presentation boards.

Ms. Short opened the hearing to the public and asked if anyone wished to address the Planning Commission.

Mr. John Francis, Vice-Chair of the People’s Freeway Community Council, stated that the community council approved this proposal unanimously including all of the specific exemptions from the Zoning Ordinance.

Mr. Ken Baber, representing a nearby business, stated that he supports the proposed residential condominium because he feels that it will help the Downtown need for a 24-hour mixed-use community.

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

Motion for Case No. 410-342:

Ms. Funk moved, based on the findings of fact, to approve Case No. 410-342 for a waiver of the 40% glass requirement, alter setback requirements, increase height and allow residential units at ground level for a residential condominium subject to the following conditions as listed in the staff report:

1. The Planning Director have final building design, materials and site plan approval authority.

2. The 400 West façade include building access, windows and fenestration to indicate active use at the ground level.

3. The landscaped front yard include a water element reminiscent of City Creek.

4. The project satisfy all other City requirements.

Mr. Steed seconded the motion. Mr. Smith, Ms. Funk, Ms. Kirk, Mr. Snelgrove and Mr. Steed voted “Aye”. Ms. Barrows abstained. Mr. DeMille, Mr. Iker and Mr. Mariger were not present. Ms. Short, as Chair, did not vote. The motion passed.

OTHER BUSINESS

CONTINUATION OF DISCUSSION AND FINAL DECISION – Case No. 410-346 by Hotel Associates requesting a conditional use to demolish buildings at 218-230 South Main Street for a parking lot within 75 feet of the Main Street retail core in a Downtown "D-1" zoning district.

Mr. Wright stated that Case No. 410-346 was heard by the Planning Commission at their May 6, 1999 meeting. During that meeting the Planning Commission decided to postpone their decision until Staff had time to review the Planning Commission's issues. The issues consisted of what the width of the opening should be from the Main Street sidewalk onto the surface parking lot and the time limit that should be placed on the condition before it would need to come back to the Planning Commission to be reviewed. Mr. Dansie has worked with Mr. Whelan, representing Hotel Associates, and the architects to address the issues that were raised by the Planning Commission. A drawing of the proposed changes was distributed to the Planning Commission for their review, a copy of which is filed with the minutes.

Motion for Case No. 410-346:

Ms. Kirk moved, based on the findings of fact, to approve Case No. 410-346 to demolish buildings at 218-230 South Main Street for a parking lot within 75 feet of the Main Street retail core subject to the following conditions:

1. That the opening from the Main Street sidewalk onto the surface parking lot be 30 feet.

2. That approval of the final landscaping plan be delegated to the Planning Director.

3. That the parking lot be reviewed again by the Planning Commission after five years.

There being no further business, the meeting adjourned at 8:35 p.m.