October 3, 1996

 

SALT LAKE CITY PLANNING COMMISSION

451 South State Street Room 126

 

Present from the Planning Commission were Chairperson Ralph Becker, Diana Kirk, Jim McRea, Kimball Young, Aria Funk, Gilbert Iker, Max Smith and Fred Fife. Judi Short was excused.

 

Present from the Planning Staff were Planning Director William T. Wright, Brent Wilde, Doug Wheelwright, Ray McCandless, Cheri Coffey and Margaret Pahl.

 

A roll is being kept with the minutes of all who attended the Planning Commission meeting. The meeting was called to order at 5:00p.m. by Mr. Becker. The 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

 

The secretary explained that the motions relative to Petition No. 41 0-234 and 41 0-235 had been left off the minutes which had been delivered to the Planning Commission with their packet materials. She explained that corrected copies had been provided at this meeting.

 

Ms. Kirk moved to approve the corrected minutes of the meeting from Thursday, September 19, 1996. Mr. Fife seconded the motion. Mr. Fife, Ms. Funk, Mr. Young, Ms. Kirk, Mr. McRea, Mr. Smith and Mr. Iker voted “Aye”. " Ms. Short was not present. Mr. Becker, as Chair, did not vote. The motion passed.

 

PETITIONS

 

PUBLIC HEARING - Petition No. 41 0-241 by Renaissance Housing requesting a conditional use for a residential planned development consisting of 116 units in two buildings located at 340 South 200 West in Downtown “D-2" and “D-3" zoning districts.

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.

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Mr. Ken Holman, representing the petitioner, was present for this portion of the

Planning Commission meeting and stated that the first floor of the project would be

close to grade, depending on the water level and how far underground the parking

structure could be placed.

Mr. Smith asked if the main level would consist of residential units. Mr. Holman

responded in the affirmative. Mr. Smith said he thought the main floor had to

include some retail uses. Mr. Wright explained that earlier plans for this area had

called for mixed use within buildings but those plans had been modified over the

past few years and the desire to create a mixed use component now encompassed

blocks and portions of an area, not just buildings. Mr. Holman stated that they

would be including a day care project in this planned development which would

contribute to the mixed use component for this block.

Mr. Becker 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.

Ms. Kirk moved to approve Petition No. 41 0-241 , based on the findings of fact and

subject to the conditions listed in the staff report. Mr. Young seconded the motion.

Mr. Fife, Ms. Funk, Mr. Young, Ms. Kirk, Mr. McRea, Mr. Smith and Mr. Iker voted

JJAye." Ms. Short was not present. Mr. Becker, as Chair, did not vote. The

motion passed.

PUBLIC HEARING - Petition No. 41 0-222 by Sprint Spectrum requesting a

conditional use to construct an 80' high telecommunications tower at 1 525 North

Beck Street in an Industrial JJM-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. Tim Soffe, representing the petitioner, stated that they were in agreement with

the staff report. Mr. Soffe said they had originally wanted a 1 00 foot tower but

had reduced the height to 80 feet and added that they had worked hard to place

these towers as sensitively as possible. Mr. Soffe stated that he had shared the

Planning Commission's concerns with the petitioner relative to possible future pole

abandonment. He stated that Sprint Spectrum was willing to remove any

abandoned poles/towers at their own cost within a six month period if a pole/tower

was no longer used.

Mr. Soffe said they would like to be included in the subcommittee process when

the subcommittee met again to discuss telecommunications issues. Mr. Soffe

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stated that they were trying to bring an entire system on-line on a nation-wide basis

and they needed to keep moving in order to accomplish that task. He requested

they be allowed to continue bringing these requests to the Planning Commission,

provided they used sensitivity in the locations chosen for their towers. He

explained that colocation was starting to work well and added that Sprint would

only build towers that were colocatable. Mr. Soffe explained that more than half of

their proposals were for wall-mount or roof top placement.

Mr. Becker 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.

Mr. McRea stated that the telecommunications subcommittee had met on

September 26th and would meet again on October 9th to discuss these kinds of

issues and to determine the best way for the City to proceed on these requests.

Mr. McRea said the subcommittee had suggested the City continue to accept

permitted use requests. Mr. McRea suggested that rather than requesting a

moratorium on additional conditional use requests for telecommunication monopoles

or towers, as discussed at their last meeting, that the Planning Commission request

the City Staff to not process any further requests until the complex issues in this

matter could be carefully studied by the subcommittee.

Mr. McRea said they hoped to be able to provide some kind of overlay map

demonstrating every location proposed for a tower or a monopole by the entire

industry so the impacts could be fully addressed as a whole issue. Mr. McRea

stated that Mr. Wilde was in the process of checking with the City Attorney's

Office on the legality of accepting confidential information from the industry under

a public format to create this kind of overlay which would make this study possible.

Mr. McRea said their October 9th meeting would focus on design alternatives, City

development policy issues, Planning Commission issues, abandonment concerns

and towers for microwave infrastructure development.

Mr. McRea stated that since the two requests on this agenda had been placed on

the agenda prior to the previous meeting when the Planning Commission had

expressed a desire to establish a moratorium on telecommunication towers, and

since the community council supported this request, Mr. McRea moved to approve

Petition No. 41 0-222, based on the findings of fact and subject to the conditions

listed in the staff report, with an added condition that a removal clause, as offered

by the petitioner, be incorporated in the agreement. Mr. Fife seconded the motion.

Mr. Fife, Ms. Funk, Mr. Young, Ms. Kirk, Mr. McRea, Mr. Smith and Mr. Iker voted

“Aye”. Ms. Short was not present. Mr. Becker, as Chair, did not vote. The

motion passed.

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PUBLIC HEARING - Petition No. 41 0-221 by Sprint Spectrum reguestjng a

conditional use to construct an 80' high telecommunications tower at 1 020 South

700 West in an Industrial ''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. Tim Soffe, representing the petitioner, stated that they were in agreement with

the staff report. Mr. Soffe asked if the Planning Commission had a time frame for

the ''gentlemen's agreement" with the industry to hold off on their requests for

conditional use approvals. Mr. McRea said he thought the issues could be studied

and dealt with during a one month to six week period.

Mr. Becker 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.

Mr. McRea moved to approve Petition No. 410-221, based on the findings of fact

and subject to the conditions listed in the staff report, with an added condition that

a removal clause, as offered by the petitioner, be incorporated in the agreement.

Mr. Fife seconded the motion. Mr. Fife, Ms. Funk, Mr. Young, Ms. Kirk, Mr.

McRea, Mr. Smith and Mr. Iker voted ''Aye." Ms. Short was not present. Mr.

Becker, as Chair, did not vote. The motion passed.

HEARING .. Petition No. 400-96-79 by the Vietnamese Unified Buddhist Church

requesting Salt Lake City to rezone the old Rose Park Library property at 1185

West 1 000 North from a Public Lands “PL" to a Residential ''R-1/7000" zoning

district. The petitioner is also requesting approval of Petition No. 41 0-242 for a

conditional use to use the former Library as a place of worship.

Ms. Cheri Coffey 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. Thaun Van Tran, the petitioner, was present for this portion of the Planning

Commission and stated that they were in agreement with the staff report.

Mr. Becker opened the hearing to the public and asked if anyone wished to address

the Planning Commission.

Mr. John McKonkie, a resident of the area, stated that he was in support of this

project. Mr. McKonkie said he believed this project would be an asset to the

community and added that his only concern was a lack of parking in the area. Ms.

PC MEETING - 1 0/03/96

Coffey explained that the church only expected about 25 members in the

immediate future and there was parking for about 1 20 members.

Page 5

Mr. Carlton Christensen, a member of the West Salt Lake Community Council,

stated that they were in support of this project and requested the Planning

Commission approve this request. Mr. Christensen stated that he did not know of

any church that did not experience parking problems on Sundays.

Upon receiving no further requests to address the Planning Commission, Mr. Becker

closed the hearing to the public and opened it for Planning Commission discussion.

Ms. Kirk moved to transmit a favorable recommendation to the City Council to

amend the Northwest Community Master Plan and to amend the Northwest

Community Zoning Map at 1185 West 1 000 North from Public Lands JJPL" to

Residential “R-1/7000", based on the findings of fact and the public comments

received at this meeting. Ms. Kirk further moved to approve Conditional Use

No. 41 0-242, based on the findings of fact and subject to the condition listed in

the staff report. Mr. Young seconded the motions. Mr. Fife, Ms. Funk, Mr. Young,

Ms. Kirk, Mr. McRea, Mr. Smith and Mr. Iker voted “Aye”. Ms. Short was not

present. Mr. Becker, as Chair, did not vote. The motion passed.

Mr. Wright explained that the City Council hearing on this matter would be held on

October 15, 1996.

OTHER BUSINESS

Reguest from the Salt Lake City Council for clarification of findings of fact on the

approval of Conditional Use No. 41 0-224 by Salt Lake City Housing Services

requesting a conditional use for a planned development to construct a 36 unit

multiple family housing development at approximately 322 East 300 South in a

Residential Mixed Use zoning district.

Mr. Becker stated that this was not a hearing for public comment, but rather, for

the Planning Commission to clarify their findings of fact relative to Petition

No. 410-224 by Salt Lake City Housing Services heard on June 20, 1996.

Mr. Wright stated that as part of an appeal filed on the above decision by Mr. Steve

Harmsen, the City Council had requested the Planning Commission clarify their

findings of fact. Mr. Wright stated that one of the findings, pertaining to internal

circulation, contained in the staff report had been located in the analysis section of

the staff report rather than with the other findings. He added that several

typographical errors had been discovered in the staff report which had now been

corrected pertaining to the numbering of the findings. Mr. Wright explained that

the City Attorney had requested the findings all be listed together under a ''Findings

PC MEETING - 1 0/03/96 Page 6

of Fact" heading and stated that Standard #D had now been relocated from the

II Analysis" section of the original staff report and placed under II Findings of Fact of

Conditional Use Standards." Mr. Wright said this was merely a process to review

the findings, and explained that the Planning Commission was not adding additional

evidence to the case.

Mr. Wright stated that some of the issues included in Mr. Harmsen's appeal were

typically administrative issues such as fencing and fire sprinkling. Mr. Wright

stated that he wanted to make sure the Planning Commission was in agreement

with his intentions relative to those administrative decisions. He explained that the

fencing would be wrought iron and showed a picture of the type of wrought iron

fencing planned for this project.

Mr. Wright stated that the adjoining property owners were requesting they not be

required to provide an easement for emergency access to this mid-block project in

the future. Mr. Wright said he had received a letter from Mr. Thomas J. Tallon,

Chief of the Fire Department, stating that the fire sprinkling system for this project,

which was required by the Fire Department, would exceed the City's requirements

and that the adjoining properties would not be required to provide fire access to this

site.

Mr. Wright stated that the landscaping plan would be made a part of the record and

would be discussed with the adjoining property owners to ensure they were in

agreement with it. Mr. Wright said he was also consulting with the adjoining

property owners relative to building materials.

Mr. Becker stated that the Planning Commission did not usually get involved with

this level of detail. Mr. Wright said he was consulting with the Planning

Commission about these details to make sure they became part of the official

record and to provide a level of comfort for Mr. Harmsen.

Mr. Smith moved to approve the clarification on the amended findings of fact for

Petition No. 41 0-224 as proposed, and that the 'final approvals relative to fire

sprinkling and fire access, fencing, building materials and landscaping be delegated

to the Planning Director. Ms. Funk seconded the motion. Mr. Fife, Ms. Funk, Mr.

Young, Ms. Kirk, Mr. McRea, Mr. Smith and Mr. Iker voted “Aye." Ms. Short was

not present. Mr. Becker, as Chair, did not vote. The motion passed.

Update on Telecommunications Issues.

Mr. McRea informed the Planning Commission that the Telecommunications

Subcommittee was working to try and obtain information on the total number of

locations that would be needed to meet the needs of the telecommunication

industry, in a manner that could be kept confidential, in order to protect the

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proprietary interests of the various companies involved, as well as to provide the

information necessary for the Planning Commission to make well informed

decisions.

Mr. McRea said the subcommittee had suggested the Planning Commission

consider continuing to accept and process conditional use applications for wallmount

antennae and requested feedback from the Planning Commission on this. He

added that the subcommittee agreed with the Planning Commission's desire to not

accept and process any more conditional use applications for monopoles until the

impacts from the industry as a whole could be studied.

Ms. Kirk expressed concern about the potential size and designs of wall-mount

antennae, as well as the number that might be placed on buildings. Mr. Wilde

stated that the design of wall-mounts was regulated by the ordinance relative to

size.

Mr. McRea stated that there was somewhat of an inequity between the already

established companies and those just starting in the industry. He asked if the

Planning Commission wanted to hold off on every conditional use or if they would

be willing to accept applications and process conditional use approvals for the wallmount

units. Mr. Wright stated that allowing wall-mount units might act as a

“Carrot" to encourage the industry to move in that direction rather than

concentrating on the monopoles.

A short discussion followed on the details and requirements of wall-mount units

including allowed heights relative to parapets, directional lines-of-sight required for

the units to function properly, architectural camouflage concepts, federal

regulations of the industry, the limitations of co located units, the need to consider

abandonment options relative to the ordinance, and the need for the City to

establish controls early in the process.

Mr. Wilde stated that most of the location sites were leased by the industry and

many of the lease agreements called for removal within a certain number of days of

the lease expiration. Mr. Wilde stated that the City Administration had organized a

committee of City staff to investigate financial opportunities for the City including

franchise fees, fees in lieu of franchise fees, City involvement in infrastructure

placement and the use of City properties such as parks and golf courses for

telecommunication towers.

Mr. McRea said the subcommittee would be broadening their scope to study the

microwave towers in the telecommunication corridor near Ensign Peak. Mr. McRea

suggested the idea of hiring a technical consultant be studied to assist with the

many complex issues involved in this field.

PC MEETING - 10/03/96 Page 8

Update on Shoreline Trail Issues.

Mr. Doug Wheelwright gave an update on the Bonneville Shoreline Trail issues and

stated that the staff had had a difficult time organizing the subcommittee meetings

due to the busy schedules of the forest service representatives who were busy

fighting fires and coordinating schedules between residents of the various

geographical areas and the Planning Commission members. Mr. Wheelwright

stated that in the future, they would concentrate on the schedules of the Planning

Commission members rather than the residents of the area because they were not

having any success with the resident's schedules.

Mr. Wheelwright stated that they had conducted a field trip on September 24th

consisting of about 25-30 people and they had walked the area around Terrace Hills

Drive. He added that another field trip was scheduled for October 8th at 2:45 p.m.

and invited anyone interested in attending the field trip to join them. Mr.

Wheelwright said their next field trip would be for the area east of the Terrace Hills

Drive area which included the Lime Kiln area. He promised to provide more

information relative to where to meet as soon as the information was available.

Mr. Wheelwright stated that the staff planned to video tape the entire hike for

those who would not be able to make one of the field trips. He added that the

video tape could also be used to document the actual location of the trail to avoid

misunderstandings of the trail's location.

Mr. Wheelwright used a briefing board to demonstrate the possible trail alignments,

the areas that were in dispute relative to land ownership, the portions of land that

would need to be acquired by the City, the funding necessary to acquire parcels not

currently owned by the City, and the areas in proximity to surrounding residential

uses which were causing concern to the residents of those areas and possible

solutions to those problems.

A short discussion followed including comments that one of the objectives of the

trail was that it should be an urban interface, not a trail located in a total

wilderness; the possibility of two separate trails, rather than just one; the need to

resolve some of the parking problems; and that when the Planning Commission had

approved the North Cove Subdivision, one of the conditions of approval had been

that trail access must be provided completely around the subdivision, including the

Hogs Back area.

Mark and Kathleen Stoddard, Co-Chairs of the Shoreline Trail Committee, were

present for this portion of the Planning Commission meeting and stated that they

would like to see both the upper and the lower trails developed.

PC MEETING- 10/03/96 Page 9

Homeless Shelter Overflow Hearing from Previous Meeting

Mr. Iker complimented Mr. Becker on his skillful handling of the hearing on the

conditional use request made by Travelers Aid at the previous Planning Commission

meeting. Mr. Iker stated that the hearing had been very emotional and he felt Mr.

Becker had done an excellent job of conducting the hearing.

Update on Light Rail Downtown Design Issues.

Mr. Wright stated that the Design Review Committee had been working diligently

on the Main Street design issues including platform station locations, general design

standards, and track locations. Mr. Wright presented a scale model representing

the light rail tracks and station locations. He stated that stations would be

configured between the two crosswalk systems at mid-block and the intersections

and added that there would only be one designated vehicular travel lane in each

direction on the station blocks.

Mr. Wright explained that the Mayor had informed the Utah Transit Authority that

there would not be a curb separation between the track travel lane and the

automobile travel lane. He stated that the track lanes would have rumble strips to

alert drivers who might cross over the line that they were not supposed to be there.

Mr. Wright added that the elimination of the curb would allow cars to pull across

the rumble strips in the event the vehicle in front of them became stalled since

there would only be one vehicular travel lane.

A short discussion followed on pedestrian safety, station design, station location,

station landscaping, and the possible use of sandset pavers in the pedestrian and

vehicular travel lanes.

Planning Commission Elections

Mr. Becker reminded everyone that Planning Commission elections would take place

at the October 17th meeting for the next year's Chairperson and Vice Chairperson.

He requested anyone with a desire to fill either position or to nominate someone for

either position to contact him during the next two weeks.

There being no further business, the meeting adjourned at 8:20 p.m.