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 Chair Prescott Muir, Vice-Chair, Tim Chambless, Bip Daniels, Babs Delay, Craig Galli, Jeff Jonas, Peggy McDonough, Laurie Noda, Kathy Scott, and Jennifer Seelig. John Diamond was excused
Present from the Planning Staff were Planning Director Louis Zunguze; Deputy Planning Director Brent Wilde, Deputy Planning Director Doug Wheelwright; Principal Planner Doug Dansie, Principal Planner Everett Joyce; Planning Commission Secretary Kathy Castro; and Deputy City Attorney Lynn Pace.
A roll is being kept of all who attended the Planning Commission Meeting. Chair Muir called the meeting to order at 5:48 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.
THERE WERE NO MINUTES TO APPROVE.
Chair Muir stated that as Chair he intends to allow every Commissioner the opportunity to give input on issues presented to the Commission. He asked the Commission that they consider the public input and remain open to public comment as they debate the proposals that come before the Commission. He asked the Commission to respect the dignity of the Planning Commission as a body.
REPORT OF THE CHAIR AND VICE CHAIR
Chair Muir said that the main topic of discussion at the last City Council and Planning Commission Chair and Vice-Chair meeting was the petition to reevaluate the definition of department stores. Commissioner Jonas agreed.
REPORT OF THE DIRECTOR
Mr. Zunguze did not have anything to report.
CONSENT AGENDA – Salt Lake City Property Conveyance Matters:
a. Sunquest Development and Salt Lake City Public Utilities Department – Sunquest Development is requesting that Salt Lake City lease to them, a portion of the Jordan and Salt Lake City Canal property at approximately 55 West 9000 South for the purpose of connecting two business developments with a bridge and storm drain line for improved canal extension to an existing development.
b. Utah Power and Light Company/PacifiCorp and Salt Lake City Public Utilities Department – PacifiCorp, through Mike Miller Development, is requesting a permit to bore under the Jordan and Salt Lake City Canal at 9690 South Townridge Parkway for the extension of a power line to the Albion Village Subdivision.
c. Questar Pipeline Company, Sandy Suburban Improvement District, Sandy City Corp., Qwest Communications, Miller Sandy Properties with Salt Lake City Public Utilities Department – Requesting a permit to cross a part of the Jordan and Salt Lake City Canal with the following improvements: One gas line, one water line, two communication lines, and one storm drain line, for the Coppergate Apartments located at 8850 South State Street.
Motion
Commissioner Noda made a motion to approve the consent agenda items as listed. Commissioner Daniels seconded the motion.
Commissioner Chambless, Commissioner Daniels, Commissioner Delay, Commissioner Galli, Commissioner Jonas, Commissioner McDonough, Commissioner Noda, Commissioner Scott, and Commissioner Seelig voted “Aye”. Prescott Muir as Chair did not vote. All voted in favor, and therefore the motion passed.
Initiated Petition
Commissioner Scott initiated a petition establishing a Riparian Overlay District over stream corridors. She added that the advantage of an overlay district is that it would be a tool for dealing with stream protection.
Mr. Wilde said that there is a Lowlands Conservancy District which was developed during the 1995 Zoning Ordinance rewrite. This district was intended for the small stream corridor protection. He said that due to the setback requirements associated with the Lowlands Conservancy District, several detached structures would be classified as non conforming uses. Staff did not apply that district in the small stream corridors. He said that Staff could revisit that district and possibly take a different approach.
Motion
Commissioner Scott made a motion to initiate a petition establishing a Riparian Overlay District over stream corridors.
Commissioner Chambless seconded the motion.
Commissioner Chambless, Commissioner Daniels, Commissioner Delay, Commissioner Galli, Commissioner Jonas, Commissioner McDonough, Commissioner Noda, Commissioner Scott, and Commissioner Seelig voted “Aye”. Prescott Muir as Chair did not vote. All voted in favor, and therefore the motion passed.
PUBLIC HEARINGS
Petition No. 400-03-25, a request by Utah Nonprofit Housing Corporation to rezone the property on the south side of 800 South Street between 300 East and Roberta Street. This property is a vacant restaurant site. The property includes two CN zoned parcels fronting on 800 South and three RMF-30 parcels; two that are a vacated east west alleyway and the third the parking lot parcel that fronts on Roberta Street. The request is to rezone the entire site to Residential “RMF-45” District for the development of a 51 unit elderly housing structure. The proposed development is a three story building with one level of underground parking that will front on 800 South. The existing parking lot that fronts on Roberta Street will remain as a surface parking lot. A subdivision amendment is also requested to combine the existing five parcels into one single parcel.
This hearing began at 6:03 p.m.
Commissioner Daniels recused himself and left the room during this petition due to his affiliation with Utah Nonprofit Housing.
Principal Planner Everett Joyce presented the petition as written in the staff report. The applicant is requesting to rezone the subject property from the existing CN and RMF-30 zoning classifications to an RMF-45 zoning classification. The applicant is also requesting a subdivision vacation amending lots 5 through 18 of Block 3, City Hall Subdivision and adjacent closed alleyways by vacating original subdivision lots and combining existing parcels into one lot. The Applicant proposes to develop a 51-unit elderly affordable housing development in one structure. One level of parking would be located underneath the structure and the remaining parking would be on an existing surface parking lot that fronts on Roberta Street. The proposed development density is 42.5 dwelling units per acre. Mr. Joyce gave a brief history of the property. He welcomed questions from the Commission regarding the staff report.
Chair Muir said that the parking requirement seems excessive for an elderly housing project. Mr. Joyce agreed and stated that the Zoning Ordinance does not separate the parking standards for elderly housing. He added that the number of units requires the amount of parking proposed. He noted that there is a mechanism in place for alternative parking which requires a separate process. The Applicant has decided to meet the ordinance standards.
Chair Muir asked if the Commission may approve the project with less parking. Mr. Joyce answered approval with less parking would require a planned development approval.
Commissioner McDonough requested more detail in regard to the alternative parking mechanism.
Mr. Wilde stated that the Applicant would apply to the Board of Adjustment for an alternative parking approval, based on a unique residential population.
Chair Muir asked if it would be appropriate for the Planning Commission to endorse such an application. Mr. Wilde answered that it would be appropriate.
Commissioner Chambless referred to public transportation and the impact it would have on the need for parking. Mr. Joyce noted the bus stops near the proposed project and said that it is serviced by public transportation.
Mr. David Baus, the project coordinator for Utah Nonprofit Housing Corporation addressed the Commission.
An alarm interrupted the meeting at 6:15, the meeting reconvened at 6:22.
Mr. Baus continued. He gave a brief history of Utah Nonprofit Housing Corporation. He said that it is exciting to hear the Commission recognize the parking need for this unique housing project. He said that Utah Nonprofit Housing has agreed to allow the church to the south of the proposed site to use a portion of their parking. He said that if they were to replace the parking with Open Space, the agreement with the church would be compromised. He said that Utah Nonprofit Housing would like to be a good neighbor and respect that parking agreement.
Chair Muir asked if the Applicant would appreciate flexibility if the Commission lessened the requirement for the parking. It would not preclude the development from providing the parking for the church. Chair Muir noted the benefit of that would allow future opportunity to develop the property into open space. Mr. Baus replied that they would appreciate more flexibility for future development.
Commissioner McDonough referred to the plans and elevations of the project. She asked what elevation change was made to accommodate underground parking. Mr. Harold Woodruff, the Architect for the project, answered that the main entry level is at the existing sidewalk level.
Commissioner McDonough noted that the site plan does not show completely recessed parking. Mr. Woodruff said that they anticipate the parking will be recessed about three feet from the existing grade.
Commissioner McDonough noted that the plans show a full level of berming. Mr. Woodruff said that they would like to do everything possible with the landscaping to minimize the impact of this building.
Mr. Wilde asked Mr. Woodruff if he is aware that the necessary berming adjustments will need to be made in compliance with the Building Permits Office. Mr. Woodruff acknowledged that and said that those adjustments will be made.
Chair Muir asked the Applicant if they would be willing to go through the Board of Adjustment process to decrease the parking requirement. Mr. Baus asked how much time that process may add to the project.
Mr. Wilde answered that if approved administratively, it may take four to six weeks. If the issue were to go before the Board of Adjustment the time may be increased by a month.
Mr. Baus answered that Utah Nonprofit Housing is planning to purchase the property in February and they could entertain that suggestion.
Commissioner Seelig asked Mr. Baus to elaborate on what activities and services are proposed in this center as opposed to the Liberty Senior Center which is a half a block away. Mr. Baus said that there are a number of activities that are proposed for wellness. There will be a computer center, library, fitness center and a common area for parties and such. The entire corridor is nothing but activities for the residents.
Commissioner Seelig said that the common area for parties is a nice amenity.
Commissioner Scott referred to the height of the building and asked how far the structure is expected to be lowered in the ground. Mr. Baus answered that they had hoped to lower the structure seven feet, but that is not possible. That will be discussed more once they are to the building permits stage.
Commissioner Scott asked if the footprint of the project had changed. Mr. Baus answered that the footprint is the same.
Commissioner Chambless mentioned a concern with regard to the extra time it may take to work through the parking issue; he was specifically concerned with the changing weather and the difficulty of construction associated with that. Mr. Baus said construction may not begin until the property is purchased in February.
Mr. Wilde stated that if the Commission were comfortable with the project they could delegate the parking issue to the Planning Director to pursue in the interim after the building permits were issued.
Mr. Zunguze said that Staff can not foresee the time which may be added to the project to get a parking variance; however, Staff will do everything possible to expedite the project. He said that it ultimately falls on the Applicant to comply with the ordinance.
Chair Muir opened the public hearing.
Mr. Jim Bryant, a resident of 837 South Roberta Street, addressed the Commission. He said that as a police officer he is aware of a great deal of crime in the area. He spoke in support of the petition; however, he had concerns with the parking. He said that it is beneficial to allow the parking for the church which is a cultural addition to the neighborhood and felt that the parking agreement should be honored.
Ms. Melanie Loveland, a resident of 820 South Roberta Street, addressed the Commission. She spoke of crime in the area and said that she is in support of the proposal. She agreed with the open space notion and felt it is a great contribution for the future senior residents to enjoy. She said that the neighborhood would be improved with this project.
Mr. John Maridino, the current owner of the proposed site, addressed the Commission. He said that the neighborhood would be greatly improved by this project. He also spoke to the issue of crime on the property and in the area. He said that project would help clean up the neighborhood and he supports the project.
Mr. Baus said that they would go through the process to obtain a parking variance to possibly increase the amount of green space in the future. He said that he appreciated the public comment and the Planning Commission’s input.
Chair Muir closed the public hearing.
Commissioner Jonas asked Chair Muir what his thoughts were on the parking requirement. Chair Muir replied that he wanted to give the project the flexibility to reduce the parking if needed, not require or preclude it.
Commissioner Jonas agreed and felt that the project should move forward and hopefully they could obtain a reduction that may benefit Utah Nonprofit and the future residents.
Commissioner McDonough encouraged the Applicant to design the project in a manner which would allow more eyes on the street. She felt that that may eliminate crime and give the residents an outdoor access.
Chair Muir agreed, and added that this project could be remanded back to the Planned Development Subcommittee to give the Applicant more suggestions in the project design.
Commissioner Scott worried that if this project was not completed another developer could come in who was not as sensitive to the Roberta Street residents. She suggested that the Commission consider that the rezone be subject to this project which the Commission endorses.
Commissioner Noda agreed with the notion of green space for the residents. She also felt that it would help eliminate crime for the neighborhood. She appreciates the Applicant’s willingness to explore that option.
Chair Muir asked the Applicant if they would consider moving the common area. Mr. Baus said that they had considered that, but the functionality of the structure would not work without the common area in the center of the structure.
Motion
Commissioner Jonas made a motion in the matter of rezoning Petition No. 400-03-25 based upon the findings of fact and the public hearing this evening that the Planning Commission forward a favorable recommendation to the City Council to change the zoning of the property at 280 E 800 S from CN and RMF-30 to Residential Multi-Family RMF-45 and to amend the Central Community Master Plan future land use classification to Medium High Density Residential with this zoning change to take affect upon approval and securing of a building permit for this project. In the matter of the Subdivision Vacation, based on the findings of fact and the public hearing this evening that the Planning Commission approve the subdivision amendment and recommend to the City Council to vacate Lots 5 thru 18 along with the closed alleyways of Block 3 City Hall Subdivision by ordinance and to further recommend to the Applicant and the Board of Adjustment that they pursue the reduction of parking and an enhanced site plan to allow additional amenities for the residents and the neighborhood on Roberta Street.
Commissioner Scott seconded the motion.
Commissioner Chambless, Commissioner Daniels, Commissioner Delay, Commissioner Galli, Commissioner Jonas, Commissioner McDonough, Commissioner Noda, Commissioner Scott, and Commissioner Seelig voted “Aye”. Prescott Muir as Chair did not vote. All voted in favor, and therefore the motion passed.
Commissioner Daniels rejoined the meeting.
Petition No. 410-644 and Petition No. 410-651. Petition No. 410-651, a request by Ken Garff Enterprises for conditional use approval for a 2,100 square foot expansion of the existing Mercedes Benz automotive sales and services dealership located at 161 East 600 South. As part of this development proposal the Petitioner is requesting minor adjustment of a previously approved planned development. The planned development modification is for the relocation (on the same site) the required 5 foot landscaped front yard. Also requested is relocation of the 5% interior parking lot landscaping areas within the original planned development, Petition No. 410 644, (which includes the SAAB dealership that fronts on 200 East Street). The properties are located within the Downtown D-2 zoning district.
This hearing began at 7:05 p.m.
Principal Planner Everett Joyce presented the petition as written in the staff report. He described the requested conditional use approval for expansion of an automotive sale and service facility; and adjustment of the previously approved planned development (Case 410-644). The adjustment requested is a modification of the landscaping requirements. Landscape modifications include the relocation of the front yard setback and interior parking lot landscaping location requirements. The applicant proposes to expand the existing Mercedes Benz automobile dealership east to the property line adjacent to the Safety Brake development.
Commissioner Jonas asked Mr. Joyce to clarify how the landscaping and parking along 200 East will work with the proposed changes. Mr. Joyce answered that there will be minimal change of the amount of landscaping.
Mr. Jack Hammond, the architect for Garff Enterprises, and Mr. Bruce Fathers with Ken Garff Automotive Group addressed the Commission. Mr. Hammond said that this project has been presented in two phases because they wanted to get a permit to start on the construction of the SAAB facility in conformance with requirements by SAAB and also to beat the weather. He said that the current proposal will contribute to a better streetscape. He noted that Garff Enterprises is providing more landscaping than the zoning ordinance requires.
Commissioner DeLay asked if Garff Enterprises has resolved the issues presented at the last hearing. She referred to the noise, loading and unloading of vehicles and the lighting at night, and asked if there have been meetings with the Wasatch Manor. Mr. Fathers replied that they have made attempts to address all of the issues. He said that they have notified the vehicle delivery entities of times when Ken Garff will accept deliveries. He said that those entities are not employed by Ken Garff. He noted that there are still issues with trucks stopping on 200 East to unload the vehicles and when Ken Garff is notified of that, they ask the drivers to move to the temporary loading and unloading zone which is on site. He added that the authorities have also been ticketing the truck drivers that do not comply. He added that they feel that there are some things in place which have improved the situation, although it is not solved. He said that they are exploring the option of a permanent loading and unloading zone in the facility in order to have a permanent solution. Mr. Fathers said that they have redirected the lighting and will soon have all of the lighting zoned to avoid disturbing the neighbors.
Commissioner Daniels asked Mr. Fathers how much control Ken Garff has over the delivery entities. Mr. Fathers answered that they have influence and can tell them when Ken Garff will accept deliveries and Ken Garff can ask them to move the location of delivery. He said that they do not work for Ken Garff, they are contracted by the manufacturer of the automobiles.
Mr. Hammond added that Ken Garff is encouraging the City to enforce parking regulations and ticket those trucks which do not comply with Ken Garff requests.
Commissioner Seelig asked Staff to continue working with the Parking Enforcement Division and Police Department to deal with the issues that seem to be ongoing. She also thanked Ken Garff Enterprises for the follow up information that they provided for the Commission.
Commissioner McDonough asked that Ken Garff and Staff include a synopsis of how they followed up on the first request of that petition with the ongoing phases of approval.
Commissioner Seelig echoed Commissioner McDonough’s comments.
Mr. Zunguze suggested that the Commission incorporate, as a condition, that for a period of time Ken Garff provide Staff with updates as to their enforcement efforts, and if those efforts need to be enhanced that it would be a good time to do so then.
Chair Muir asked if Mr. Zunguze feels that a management plan which would be reviewed annually is sufficient. Mr. Zunguze agreed with that at an administrative level, unless there are problems which would be reported to the Commission.
Chair Muir opened the public hearing.
Ms. Betty Leithead, a resident of the Wasatch Manor, addressed the Commission. She complimented Ken Garff Group in dealing with the lighting and the noise. The trucks are still an issue. She said that she initiated the enforcement on the delivery trucks and they are being ticketed when they unload their deliveries, however, not ticketed enough. She spoke of several issues related to the delivery of vehicles such as trucks arriving at 2:00 in the morning and other unreasonable hours as well as trucks parking in the middle of 200 East. She appreciated the efforts made by Ken Garff to handle the issues, but they are limited in what they can do. She said that they need support from the Police and Parking Enforcement especially on the weekends. She said that the enforcement does not respond on the weekends.
Commissioner Chambless clarified that there is a telephone number to reach the parking enforcement on the weekends. He said that it seems there is a communication issue.
Commissioner Seelig asked Mr. Zunguze to elaborate on a management plan to handle some of the issues raised. She agreed that it is appropriate for Staff to handle things of the long term nature. She said that she would appreciate a follow up with regard to the communication between City departments.
Mr. Zunguze recognized there are issues that may be remedied with in-house communication. He said that in addition to a management plan, Staff needs to get a sense of what Ken Garff is doing to address the problems. He said that with the cooperation of Ken Garff and the City, the problems will be solved. He said that Staff will look internally and work in cooperation with the Applicant. He said that any incentive that the Commission could give to help solve the problems would be helpful.
Commissioner DeLay asked Mr. Zunguze if he is suggesting a traffic management plan as part of the recommendation. Mr. Zunguze said that he did not want to name any particular issues at this point because he did not know what short comings they may have with the contracted delivery trucks. He is asking the Commission to give Staff the ability to find a workable solution to deal with the implications of the operation. He said that Staff would give updates as to where things stand and Staff would be better informed of the challenges that Ken Garff is facing and if there are things that can be done from a City standpoint, to help address them.
Mr. Fathers said that he appreciated the public comment and made the commitment that they will work harder with the delivery truck companies to solve the problem. He said that Ken Garff can control when trucks make deliveries.
Chair Jonas asked what hours has the Applicant set to receive deliveries. Mr. Fathers answered that they have communicated to the delivery companies that they will accept deliveries between 8:00 A.M. and 5:00 P.M. Monday through Friday.
Chair Muir asked if the Applicant is opposed to engage in a management plan. Mr. Fathers answered that they would accept that as a condition.
Commissioner DeLay noted that the situation would be different if it were a state road; there may be better enforcement from the authorities. She also wondered if signage were posted, which would not allow vehicles over a certain weight would help the situation. She said that she is very pleased with the neighborhood cooperation and Ken Garff’s efforts to solve the issues presented by the neighbors.
Chair Muir echoed Commissioner DeLay’s comments and said that Ken Garff is certainly a valued business citizen.
Chair Muir closed the public hearing.
Motion
Commissioner Seelig made a motion to approve Petition No. 410-651 related to 137/161 East 600 South based on the findings of fact presented in the staff report and the discussion this evening that the Planning Commission approve the conditional use and minor amendment of the planned development for expansion of the Ken Garff Mercedes Benz dealership with the following conditions:
1. The Planning Commission authorizes relocation of the five-foot front yard landscape area;
2. The final site plan and landscape plan be approved by the Planning Director or designee;
3. That any outdoor public address system meet Salt Lake City and County Health Department noise standards; and
4. That the Applicant, Wasatch Manor and Salt Lake City work together to identify the remaining neighborhood nuisance issues and develop an ongoing nuisance mitigation plan. This would occur prior to a Certificate of Occupancy being issued. The Planning Staff shall report to the Commission regarding the progress of the condition.
Commissioner Daniels asked that the motion be amended to change condition 4; the Wasatch Manor be replaced with a public liaison.
Commissioner DeLay mentioned that other adjacent property owners may want to be involved.
Commissioner Seelig amended her motion to modify condition number 4 and replace the Wasatch Manor with stakeholders.
Amended Motion
Commissioner Seelig made a motion to approve Petition No. 410-651 related to 137/161 East 600 South based on the findings of fact presented in the staff report and the discussion this evening that the Planning Commission approve the conditional use and minor amendment of the planned development for expansion of the Ken Garff Mercedes Benz dealership with the following conditions:
1. The Planning Commission authorizes relocation of the five foot front yard landscape area;
2. The final site plan and landscape plan be approved by the Planning Director or designee;
3. That any outdoor public address system meet Salt Lake City and County Health Department noise standards; and
4. That the Applicant, Salt Lake City and stakeholders work together to identify the remaining neighborhood nuisance issues and develop an ongoing nuisance mitigation plan. This would occur prior to a Certificate of Occupancy being issued. The Planning Staff shall report to the Commission regarding the progress of the condition.
Commissioner Daniels seconded the motion.
Commissioner Chambless, Commissioner Daniels, Commissioner Delay, Commissioner Galli, Commissioner Jonas, Commissioner McDonough, Commissioner Noda, Commissioner Scott, and Commissioner Seelig voted “Aye”. Prescott Muir as Chair did not vote. All voted in favor, and therefore the motion passed.
Petition No. 410-309, a request by Artspace, to reopen the petition to consider modifications to a previously approved planned development.
This hearing began at 7:45 p.m.
Chair Muir stated that his architectural firm worked on the first phase of this development, but has not been in contact with the owner since. He felt that he can remain unbiased; however, he wanted to defer to the judgment of the Commission. Commissioner Daniels said that he felt that the Chair did not have a conflict and should remain a part of the meeting. The Commission agreed.
Principal Planner Doug Dansie presented the petition as written in the staff report. He said that Petition 410-309 is a planned development for the Bridges project, located on the southwest corner of 500 West and 200 South. It was originally approved in May 1998. He gave a brief summary of the previous approval. He said that the developer now wishes to place much of their parking within the basement of the existing central warehouse. The warehouse building was proposed to be developed as residential units. It still is proposed for residential; however, the basement level is proposed for parking rather than habitable space. He mentioned that the petitioner is also working with the Redevelopment Agency to arrange a land trade which would create a more rectangular/developable site. The trade has not been completed at this time.
Chair Muir asked Mr. Dansie if Staff is recommending that the Planning Commission approve the proposal subject to the assurance that they have enough parking to develop the two street frontages. Mr. Dansie said that depending on how the site is designed, the parking requirement is workable with or without the land exchange.
Mr. Dansie addressed the letter submitted to the Commission this evening by Ms. Valda Tarbet, Deputy Director of the Salt Lake City Redevelopment Agency. Mr. Dansie said that Ms. Tarbet raised several valid points in the letter. This project is less dense in comparison to the originally approved project. The 50 parking stalls that are obligated to the road home have been included in the parking counts.
Chair Muir asked if the consultant who is working on the Salt Lake City Small Area Plan submitted a recommendation regarding the predominance of affordable units in that neighborhood. Mr. Dansie said that he does not have a recommendation. He said that City policy has been to mix projects rather that have exclusive affordable housing projects.
Mr. Dansie referred to the question of whether the parking requirement meets the need for the project. Mr. Dansie said that this area is very well served by public transit. He also noted Ms. Tarbet’s question asking how the Commission can be sure that a building wall along 200 South and 500 West will be constructed.
Commissioner Jonas asked the importance of a wall along 500 West. Mr. Dansie said that a building wall along 500 West would give a sense of urbanity.
Commissioner Jonas felt that there is a historic structure which needs to be preserved. He felt that if a building were constructed it may hide the historic structure. Mr. Dansie said that a portion of the structure may be hidden.
Chair Muir asked if the Commission had recourse in reference to the noncommercial parking lots. Mr. Dansie said that there is leverage in that the Redevelopment Agency has commitment to building a parking structure with the second phase.
Ms. Jessica Norie, a representative of Artspace, and Mr. Max Smith, the Architect for Artspace, addressed the Commission. Mr. Smith stated they are very hopeful that this can be approved. He said that they feel this proposal is far superior to the previous proposal in that parking under a building is better than building a parking structure. He said that they are hopeful to work out the land exchange with the Redevelopment Agency.
Commissioner DeLay asked the Applicant what other phases the Commission should be expecting which would impact the neighborhood. Mr. Smith described the plan for the space of different levels as offices and art studios.
Commissioner DeLay asked if this project is funded by the Redevelopment Agency. Mr. Smith answered that this project is receiving no Redevelopment Agency funding.
Ms. Norie added that they hope this will be similar to the Artspace Pierpont. She added that the Redevelopment Agency provided funds for the Bridges Project Phase One but, has not provided funds for the City Center.
Chair Muir asked the Applicant if they agree with the Staff objective to someday improve the street frontages. Mr. Smith answered that they view that objective as a potentially positive thing. He added that they have difficulty with construction of the wall along 500 West. He said that that portion of the structure must be kept open to the street in order to keep their historic tax credits.
Chair Muir opened the public hearing
Ms. Tarbet spoke regarding her letter submitted to Staff. She said that her main objective was to inform the Commission that the RDA is still working with the Applicant to negotiate certain aspects of property which is included in the possible land exchange. She described the portion of land that may be a part of the land exchange.
Mr. Richard Thomas, an adjacent property owner, spoke to the Commission. He said that he has been concerned with access to his property since the Bridges Project was constructed. He said that it is going to be more difficult to get vehicles into his property. Artspace has assured him that he will be given an easement to access his property. He said that his support is conditional on the easement and he said that it is fair to say that Artspace has that in the works.
Commissioner McDonough asked Mr. Thomas what the nature of his business is. Mr. Thomas answered that it is an electrical equipment sales company.
Ms. Norie said that they have no problem with language that the Commission may want to attach to this approval which would allow Mr. Thomas an easement. She added that Artspace has already agreed to that.
Mr. Smith said that they are content in developing the site with the Redevelopment land exchange or without.
Chair Muir closed the public hearing.
Commissioner DeLay said that it seems fair to include an easement with this approval.
Chair Muir said that he was reluctant to impose a property in exchange of easements as a condition of land use approval. He said that the parties seem in agreement and he did not feel there is a need to set that precedent.
Commissioner Delay asked how Mr. Thomas is accessing the rear of his property. Chair Muir said that there are probably ownership right that should be dealt with; however, he did not feel that it is the Commission’s charge to define those rights.
Commissioner Scott agreed with Chair Muir and she added that she had total confidence in the integrity and intentions of Ms. Noire, Mr. Smith and Mr. Thomas. She did not feel that it was a necessary condition to attach to a land use decision.
Commissioner Jonas agreed and said that it has been the policy of the commission to avoid those kinds of issues. He said that his main concern with this project is the Commission amending the requirement which includes the pad site on 500 West. He said that he did not feel it was beneficial from an urban land use standpoint, as well as, the functionality of it. He said that he would suggest the flexibility, but not the requirement of doing the building on 500 West.
Chair Muir said that he thought the intent was to submit a master plan which would suggest those developments, but not require either frontage.
Commissioner Galli said that he feels there is a difference between mandating the contractual easement negotiated and having the record reflect that the Commission in part is approving the project based on an understanding that the adjacent land owner’s agreement to enter into good faith negotiations to achieve an easement that would protect a current land owner’s rights.
Chair Muir agreed and added that it would encourage the Applicant to continued the negotiations.
Commissioner McDonough asked if there is value in articulating 500 West in the first bulleted item in the conditions.
Commissioner Jonas said that if it is it could be designed and developed and it is included, the benefit is it would allow flexibility for the Applicant. If it is not in the approval, then they have to come back to the Commission for a change.
Commissioner Jonas noted that the Applicants have presented an alternative which works without the land exchange and he was unsure if that was a necessary condition.
Motion
Commissioner Jonas made a motion regarding Petition No. 410-309, planned development for the Bridges Project, based up on the findings of fact and the testimony this evening to approve the new site plan with the conditions as shown in the staff report with the exception of the second bullet which shall eliminate the words, ”The land sale is agreed to with the Redevelopment Agency in order to accommodate sufficient parking;” with an additional condition that the Planning Commission encourages the Applicant to work with adjoining property owners in mitigating parking access problems.
• The petitioner insure that enough parking is provided to allow the construction of habitable space along 200 South and a pad site on 500 West to be accommodated at a future date.
• The final design of all parking facilities meets with the approval of the Transportation Division.
• The Planned Development meets all other City codes.
• The Planning Director approve the final site plan.
• The Planning Commission encourages the Applicant to work with adjoining property owners in mitigating parking access problems.
Commissioner Daniels seconded the motion.
Commissioner Chambless, Commissioner Daniels, Commissioner Delay, Commissioner Galli, Commissioner Jonas, Commissioner McDonough, Commissioner Noda, Commissioner Scott, and Commissioner Seelig voted “Aye”. Prescott Muir as Chair did not vote. All voted in favor, and therefore the motion passed.
UNFINISHED BUSINESS
There being no other unfinished business to discuss, the Planning Commission meeting adjourned at 8:28 p.m.