October 7, 1999

 

SALT LAKE CITY PLANNING COMMISSION

451 South State Street, Room 315

 

Present from the Planning Commission were Chairperson Judi Short, Andrea Barrows, Robert "Bip" Daniels, Arla Funk, Vice-Chairperson Max Smith, Stephen Snelgrove and Mike Steed. Diana Kirk and Craig Mariger were excused.

 

Present from the Planning Staff were Planning Director William T. Wright, Deputy Planning Director Brent Wilde, Craig Hinckley, Ray McCandless and Cheri Coffey.

 

A roll is being kept of all that attended the Planning Commission meeting. Ms. Short called the meeting to order at 5:10 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. Snelgrove moved to approve the minutes of Thursday, September 23, 1999. Mr. Steed seconded the motion. Ms. Barrows, Mr. Daniels, Ms. Funk, Mr. Smith, Mr. Snelgrove and Mr. Steed voted “Aye”. Ms. Kirk and Mr. Mariger were not present. Ms. Short, as Chair, did not vote. The motion passed.

 

PUBLIC HEARINGS

 

PUBLIC HEARING – Petition No. 400-99-06 by Lorraine A. Miller and Daniel V. & Mayone W. Kinikini requesting to annex approximately .75 acres of property located at ±2740 South 2000 East into Salt Lake City and zone the property Community Business "CB" and Residential "R-1-7000".

 

Mr. Craig Hinckley presented the staff report outlining the major issues of the case, the findings of fact and the staff recommendation, a copy of which is filed with the minutes.

 

The Planning Commissioners then asked questions of Mr. Hinckley relating to the petition.

 

Ms. Lorraine Miller, the petitioner, was present for this portion of the meeting and stated that she 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. Upon receiving no response, she closed the hearing to the public and opened it for Planning Commission discussion.

 

Motion for Petition No. 400-99-06:

 

Ms. Barrows moved, based on the findings of fact, to forward Petition No. 400-99-06 with a favorable recommendation to the City Council to zone the Cactus and Tropicals parcel Community Business "CB" and that the Kinikini property be zoned Residential "R-1-7000" if these properties are annexed into Salt Lake City. Mr. Steed seconded the motion. Ms. Barrows, Mr. Daniels, Ms. Funk, Mr. Smith, Mr. Snelgrove and Mr. Steed voted “Aye”. Ms. Kirk and Mr. Mariger were not present. Ms. Short, as Chair, did not vote. The motion passed.

 

PUBLIC HEARING – Petition No. 400-99-35 by LHM Arena Corporation requesting Salt Lake City to allow a localized alternative sign overlay district at 301 West South Temple (Delta Center) as per section 21A.46.130 of the Salt Lake City Zoning Ordinance.

 

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

 

PUBLIC HEARING – Petition No. 400-99-48 by the Salt Lake City Planning Commission to revise the "cellular telecommunication facility" regulations, Chapter 21A.40 of the Salt Lake City Zoning Ordinance.

 

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. McCandless stated that when the City's Wireless Telecommunications Ordinance was adopted in 1996, much of the equipment used by the telecommunications industry was large and unsightly. Since then, the antennas and electrical equipment available to the industry have become smaller making it less visible and, therefore, more conducive to allowing facilities in the more sensitive zoning districts. In January 1999, one of the companies approached the City with a request to install electrical equipment and antennas on a utility pole in the public right-of-way. Because the existing ordinance does not address this issue, the Planning Commission's Telecommunications Subcommittee was convened to revisit the ordinance. The outcome of several subcommittee meetings was a draft ordinance for antennas on utility poles. Mr. McCandless then stated that the subcommittee also addressed three other issues: flag pole installations, facilities on existing structures where there is no exterior evidence of the antennas or electrical equipment and wall mounted antennas on non-residential buildings and on multi-family residential buildings in residential zoning districts. Mr. McCandless then addressed each issue in detail.

 

The Planning Commissioners then asked questions of Mr. McCandless relating to the petition.

 

Mr. Snelgrove stated that he questions the effectiveness of using stealth shielding to make the antennas appear as a vertical extension of the pole if the antennas and

mounting structure are narrower than the top of the utility pole. He feels that the antennas would not be noticeable enough to require stealth shielding and that it will be difficult to match the exact color of the poles.

 

Mr. McCandless stated that most of the industry representatives indicated that, in most cases, the stealth shielding would not be necessary because the antennas and mounting structures would not be narrower than the top of the utility pole.

 

Mr. Steed and Ms. Barrows spoke as a members of the telecommunication subcommittee and stated that using the stealth shielding would help public acceptance and mitigate the use of telecommunication antennas.

 

Mr. Glen Nelson, representing U.S. West Wireless, was present for this portion of the meeting. He stated that he appreciates being included in the telecommunication subcommittee to discuss the Wireless Telecommunications Ordinance.

 

Ms. Barrows asked some questions of Mr. Nelson concerning flag pole installations and painting the flag pole black to minimize visual impacts. She then asked if there is a difference between a painted pole and anodized as far as maintenance is concerned. Mr. Nelson stated that painting a pole will require maintenance whereas an anodized pole will not.

 

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 Petition No. 400-99-48:

 

Mr. Smith moved to forward a favorable recommendation to the City Council to amend Section 21A.40.090 E. of the Zoning Ordinance as follows:

 

1. Section 1 – Approval of the proposed text, including option 2 which states:

 

"Limit the maximum diameter of the antennas to two feet with an option for conditional use review for antennas with a diameter greater than two feet but less than thirty inches."

 

2. Sections 2, 3 and 4 – Approve as written.

 

Mr. Steed seconded the motion.

 

Ms. Funk proposed an amendment to the motion to eliminate the language requiring the flag pole to be painted black (Section 2).

 

Mr. Smith accepted the amendment to his motion. Mr. Steed seconded the amendment. Ms. Barrows, Mr. Daniels, Ms. Funk, Mr. Smith, Mr. Snelgrove and Mr.

Steed voted “Aye”. Ms. Kirk and Mr. Mariger were not present. Ms. Short, as Chair, did not vote. The motion passed.

 

PUBLIC HEARING – Case No. 410-370 by Winstar Communications requesting a conditional use to allow telecommunications antennas on the parking structure located at 141 Regent Street in a Downtown "D-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. Timothy Richardson, agent for Winstar Communications, 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.

 

Ms. Samantha Francis, Chair of Peoples Freeway Community Council, stated that this request was presented to the Community Council and was approved 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. 410-370:

 

Mr. Steed moved, based on the findings of fact, to approve Case No. 410-370 for the proposed antennas subject to the following conditions as listed in the staff report:

 

1. Painting the mansard to compliment the parking structure.

 

2. The antenna and equipment building receive approval from all applicable City, State and Federal departments prior to issuance of a building permit.

 

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

 

PUBLIC HEARING – Case No. 410-368 by the Salt Lake City Mission, represented by Pastor Wayne Wilson, requesting the Planning Commission approve a conditional use for a Place of Worship and various ministries at 158 North 600 West in a Special Residential "SR-1" zoning district. The various ministries include Missionary Service; Life-skills classes/ seminars/workshops; Bible Classes; Wednesday luncheon; Daily Devotionals/Breakfast; Sunday Chapel Services; Donation Coordination Center and Church Executive and Administrative Offices. The subject property is the former Rosewood Care Center.

 

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. She stated that the applicant proposes to relocate the existing mission facility from 468 West 200 South. The property at 158 North 600 West has been vacant for over one year from when the nursing home facility lost its State license. The applicant is proposing to use a portion of the existing structure for a Place of Worship with related ministries and a portion of the facility as a boarding house under the non-conforming use regulations. Ms. Coffey then stated that the applicant has stated that "the programs that are being suggested from the new facility are not substantially changed from their existing location with the exception of two matters": the Mission does not anticipate any significant "homeless" walk-in-traffic and the Mission is expanding their teaching programs to allow for ministry discipleship programs. According to the applicant, this is a crisis intervention ministry whose major congregation includes the "homeless-poor" in the community.

 

Ms. Coffey continued by stating that due to the proximity of the railroad tracks, former State Liquor Store, Blood Plasma Center, North Temple viaduct and the concentration of homeless service providers in the Rio Grande Neighborhood, the State Fairpark Community, and more specifically, the Guadalupe Neighborhood, have endured the burden of undesirable activities in their neighborhood for many years. Indications of a healthy residential neighborhood are evident in public and private reinvestment in housing and public facilities. The introduction of a conditional use which brings excessive negative impacts to this low-density residential neighborhood could undo the economic growth and investment confidence in this neighborhood. In analyzing whether this use is appropriate at this location, staff reviewed police service calls for other Places of Worship either in the immediate vicinity or which have been approved and constructed since 1995 as conditional uses. The number of police service calls for the other churches were substantially fewer than that of the Salt Lake City Mission. The current location of the Mission has consistently received at least 58 police calls for service per year at the 468 West 200 South site since its establishment there in 1994 with 58 calls at its lowest rate in 1995 and 122 calls at its highest rate in 1997. Therefore, staff feels that the relocation of the Salt Lake Mission to the proposed site has the potential of adversely affecting the residential neighborhood more than it would benefit the area. The two uses that will impact the neighborhood the most are the Daily Devotional/Breakfast and the emergency shelter.

 

In conclusion, Ms. Coffey stated that, based on the findings of fact, Planning Staff recommends the Planning Commission deny the proposal for a Place of Worship and related ministries at 158 North 600 West.

 

Mr. Matt Hilton, attorney for the Salt Lake City Mission, was present for this portion of the meeting. Mr. Hilton made a brief presentation to the Planning Commission members by reviewing some of the issues and concerns he has with the staff report. He then stated that he is troubled by the fact that the reason this request is before the Planning Commission is because the use is for a church and not a boarding house. Mr. Hilton then stated that there has been some discussion relating to the Capitol Hill Community Plan and that the proposed use might cause problems over the historic preservation. Mr. Hilton then noted that there have been no additional applications for historic preservation in the district and the Capitol Hill Community Plan has not been adopted by Salt Lake City. He suggests that this concern not be considered because the Plan is not binding at the time this application has been given.

 

Mr. Hilton continued by reviewing four additional concerns that he has with the staff report. The first has to do with five other churches that have been granted a conditional use. In reviewing the staff reports for those five churches, information was not provided regarding the vote of residents that were attending a community council meeting. He then stated that a church should not be supported or allowed to exist based on popular votes. Secondly, the comparison of police calls to other churches that have been granted conditional uses serves to penalize this church for its choice of parishioners and ministries that it chooses to engage in. It is highly irrelevant to compare this church and a Church of Jesus Christ of Latter-day Saints because they are two different entities. Third, contrary to the church's application, the Salt Lake City Mission does not believe that a web site for their present location can be used to define future conduct. The Mission has been assured by Mr. Randy Taylor, Salt Lake City's Zoning Administrator, that if there be any unapproved conduct advertised or engaged in at the site, the Mission would be shut down immediately. Finally, after receiving the staff report and realizing that a substantial part of the staff report was based on police service calls with the claim that this will impact safety, he made the request for the back-up documentation from the Police Department that would establish and show the nature of the calls that were made, what they were made for and what the response was. He was then notified that the back-up documentation was not available and could not be produced prior to the public hearing. Mr. Hilton then stated that he was amazed that the information was not available to back-up the staff report's serious conclusions that form the majority of the projected conduct at the proposed site.

 

In conclusion, Mr. Hilton noted that the proposed site is zoned for commercial in the front and the back is zoned for manufacturing and industrial. The overwhelming majority of the Mission's activities will all be done inside the building. Great care was taken in the layout and design to protect the neighborhood, or anyone else that had any concern, for any of those who will be staying overnight. Ultimately, a decision will need to made under the existing law with the caveats and concerns that have been expressed. The Mission has stated that they do not want to have walk-in traffic, the people will be bussed in and bussed out. Therefore, they need to be given the opportunity to show that this will be done. Mr. Hilton then asked the Planning Commission not to penalize the Mission because of their proposal to continue a non-conforming use in the neighborhood.

 

Mr. Dale Stewart, Director of Operations and Programs for the Salt Lake City Mission, stated that he is a crack addict that has been helped by the Mission. He then stated that the characterizations of the Mission are easy to make because they are broad and they are sweeping. Some of the concerns he has are what he hears from the community that are not substantiated by his own experiences. The restless, poor, disenfranchised group of people that are served by the Mission, are sometimes chemically addicted and often times angry are not the total representation of the people that the Mission serves. Mr. Stewart then spoke concerning the police service calls that were addressed in the staff report. He reviewed the Mission's incident log, with the Planning Commission members, identifying calls that have been made from the Mission. He then stated that the incident log may not include every incident. The majority of the calls listed on the incident log are calls that were made from the Mission in an effort to help others in the neighborhood. On several occasions, people in the neighborhood came to the Mission to use their phone to report a crime because there are no other public phones in the area. Is the Mission indited because they allow someone to use their phone? Mr. Stewart then stated that because the Mission has allowed the public to use the phone, it exaggerates farther the crime index by the ratio of calls.

 

Mr. Stewart continued by stating that since the establishment of the Salt Lake City Mission three years ago, there has been 26 people go through a missionary training program. All of which are still off drugs, off the street and they are productive citizens. A few people have been mandated to the Mission by a judge who thought they could use a spiritual experience. He is a testimony to a life change by a commitment to Christ. What allows the officers to state publicly that there is a lot of illegal activity in the Mission and that drugs are being sold by the Mission. The Mission needs a home, if it is not in this neighborhood at this location, where is it? Mr. Stewart then stated that the Mission is not the public safety problem and it does not seek out the homeless simply because the Mission serves the poor population in an area of town where there is a density of "homeless-poor". The purpose of the Mission is to preach the Gospel of Jesus Christ and to teach people to be able to have a testimony of life changed through interaction with the Lord Jesus Christ.

 

City Council Member Carlton Christensen, council member for the district in which the proposed site is located, was present for this portion of the meeting. He addressed the letter that was presented to the Planning Commission members, a copy of which is filed with the minutes. He stated that the Guadalupe Neighborhood is a fragile community that has been working on reviving itself. Therefore, he feels that the community needs this opportunity to oppose this proposal so that they can maintain the integrity of their neighborhood. He then asked the Planning Commission members to consider the community as they make their decision because the Mission will clearly negatively impact the community.

 

Ms. Short stated that the Planning Commission members took a field trip in the Guadalupe Neighborhood prior to the public hearing. She then noted that the Members have been on the Commission for various lengths of time. Ms. Short stated that she has been on the Commission for seven years. In that time, there have been many field trips to this neighborhood and several projects that have been approved. It was pleasing to her to see the positive changes that has happened over the last seven years.

 

The Planning Commissioners then asked questions of Mr. Stewart relating to the case.

 

Mr. Steed asked some questions concerning the Mission's web page for their current location and what differences there will be if the new location is approved. Specifically, Mr. Steed asked about what is meant by have a 24-hour service. Mr. Stewart stated that the entire web page will need to be rewritten because Mr. Taylor has been very specific about anything that does not constitute a religious service, that is not allowed by this conditional use, cannot be advertised. Mr. Stewart then stated that the 24-hour service is defined as someone coming to the Mission looking for help at anytime day or night.

 

Mr. Steed then asked Mr. Stewart to define the Mission's emergency shelter usage. Mr. Stewart stated that if someone comes to the Mission looking for shelter, the Mission will first try to find the person shelter by calling the approved emergency shelter vendors. If shelter cannot be found, and it is cold outside, then the Mission will house that person until a permanent home and/or shelter can be found. Mr. Steed then asked how many people, on average, are housed per year by the Mission. Mr. Stewart stated that his estimation is that there have not be an excess of 4 or 5 people on any given night. Mr. Steed then asked the average of people who have been turned away from being housed at the Mission. Mr. Stewart that at the current location, there is at least one person who is turned away every night.

 

Ms. Barrows asked how many people are anticipated to be at the morning devotionals. Mr. Stewart stated that the amount of people varies; it could range anywhere between 50 and 200 people. Ms. Barrows then asked if the Mission has a criteria by which someone may be asked to leave at the proposed location. Mr. Stewart stated that if someone appears to be intoxicated, agitated or someone who may be a danger to the other individuals will not be bussed to the facility for the morning devotionals. Ms. Barrows then asked for clarification that the only people who attend the morning devotionals are bussed to the facility. Mr. Stewart then stated that the Mission does not have any control over the homeless people who live and work nearby the facility, they will have the right to join the morning devotionals if they arrive at the Mission. However, the Mission does control the people that are bussed to the facility. Mr. Stewart then stated that the Mission anticipates bussing all of the poor, both in and out of the facility, from the Rio Grande area who come to the services. The Mission will discourage the poor from walking to the facility for the services. If someone walks to the Mission that meet the criteria for not being bussed to the facility, they too will be turned away.

 

Mr. Smith stated that the Planning Commission's purpose is to focus on the land use issues. He then stated that he understands the Mission's concept of bussing people to the facility, however, what is the principle means of discouraging walk-in traffic. Mr. Stewart stated that if someone arrives by foot, there will be a training process, which begins with discouraging them by not offering them services and then escorting them out of the facility. They will be told at that time that in order to receive the services, they will need to be bussed to the facility with all of the other people. The Mission wants the least amount of impact on the community, they do this by bringing the biggest constituent of the people who come for breakfast in to a non-obtrusive area and take them into the building. They will not wait outside and they will not loiter.

 

Mr. Steed asked Mr. Stewart to define the Mission's counseling service. Mr. Stewart stated that people with life controlling problems are counseled on a religious basis. If someone needs counseling that has a mental health problem, the Mission understands that the person may need counseling beyond the scope of what the Mission can offer. At that point, the Mission calls for crisis intervention and professionals.

 

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

 

Mr. Bruce Newman, Chair of the Fairpark Community Council, stated that the negative impact of the Salt Lake City Mission locating in the Fairpark Community cannot be underestimated or denied. Mr. Newman then stated that Mr. Hilton indicated that the community's vote was not important. Mr. Newman continued by stating that government represents the people and the people do not want the Mission in their neighborhood. He feels that there may be a use for the proposed site that is more compatible with the neighborhood and something that could benefit the community. Mr. Newman then spoke concerning the police calls that have been associated with the Mission. He feels that the police calls are an indication of the type of activity that the Mission attracts or is surrounded by. This is not the type of activity that the community wants in their neighborhood. He then asked the Planning Commission, on behalf of the Fairpark Community Council, to reject the Mission's conditional use application.

 

Mr. Max Guerra, a nearby resident of the proposed site, stated that he is aware of the diverse background and the mix of commercially and residentially zoned properties. Mr. Guerra then stated that he chose to live in this neighborhood because of the efforts that are being done to revitalize the community and he looks forward to raising his family in the area. He then stated that he is not against the Salt Lake City Mission, he is, however, against the Mission being in the Guadalupe neighborhood because he believes that there is a more appropriate location for the Mission. Mr. Guerra also believes that if the Mission were to move into the proposed site, it brings some threats.

 

Ms. Suzanne Hansen, a concerned citizen, stated that she has lived in the Fairpark Community for 10 years. She has 11 children, eight of which are still living at home. Ms. Hansen then stated that she believes that the Mission has good intentions, however, she does not believe that the best location for the Mission is in her community. She then stated that the children and the parents in the Fairpark Community have enough problems that they are trying to fight. The walkways need to be safe for the children as they walk to and from school. She has been actively working with other parents to try to make the Fairpark Community a better place for families. Please do not approve the Mission to locate at the proposed site.

 

Ms. Judith Taylor, a concerned citizen, stated that she lives approximately 1½ miles from the present Mission. About two weeks ago there was a prowler in her neighborhood. The police were called and they were successful in arresting the prowler. It was then discovered that the prowler came from the Mission. If the Mission is approved to locate at the proposed site, she will live even closer to the Mission. Most of the people in her neighborhood are elderly. Ms. Taylor then stated that her degree is in sociology and her premise for working with people is to be responsible for everybody younger than you, older than you, weaker than you and less healthy than you. She wants to protect her neighborhood because she feels that if she is not part of the solution, she is part of the problem. She then asked why the Mission representatives did not include in their presentation what they will contribute to the neighborhood?

 

Ms. Theodora Coyne, a concerned citizen, stated that she lives approximately one block from the proposed site. She then stated that she is familiar with recovery programs and she believes that the existing group of programs in her neighborhood have a demonstrated ability to change lives. Ms. Coyne has attended three different meetings concerning the Mission's relocation and each time they were asked to describe their programs they were unable to do so because she believes that the Mission does not know what their programs are. The Mission being vague in their answers underscores the neighborhood's concern. Ms. Coyne then stated that she believes that relocating the Mission will negatively impact the neighborhood.

 

Ms. Carol Lynn, a concerned citizen, stated that she is very concerned about the Mission's proposal to relocate its transient shelter to the proposed location. She believes that Pastor Wilson has conveniently chosen to call his shelter a church in the hopes that the community will be lulled into thinking that the Mission is less threatening to the Fairpark neighborhood. In fact, the Mission is a threat to the Fairpark neighborhood and she believes that threats are part of Pastor Wilson's strategy. Ms. Lynn then stated that Pastor Wilson's attorney, Mr. Hilton, has contacted her personally and threatened to have her served with papers or depose her for speaking out. It seems that anyone who does not jump on the Mission's band wagon is immediately branded a non-Christian. She then stated that she resents the Mission's attempt to deny her free speech or suggest that the Fairpark neighborhood is somehow lacking God because the community objects to the relocation of the "transient shelter" in their midst. The Fairpark/Guadalupe neighborhood was designed to be a residential family oriented community. The community already supports a number of well-managed, well-regulated service oriented institutions. Allowing the Salt Lake City Mission to relocate its shelter to the Fairpark neighborhood is not consistent with the master plan for this area because the Mission will increase non-neighborhood traffic and incidents of criminal activity as a direct byproduct of the population served by the Mission. She feels that the residents will be inhabited and no longer be a neighborhood. She believes that the neighborhood will simply be a conglomeration of houses inhabited by strangers who will be afraid to venture forth from their homes. This is not the vision the Fairpark residents have for their community. Ms. Lynn concluded by stating that the Planning Commission has the power to give the Fairpark residents back their neighborhood or take it away from them. She urged that the Planning Commission let the residents keep their neighborhood and be given the opportunity to revitalize it.

 

Mr. Joe Martinez, a concerned citizen, stated that he is opposed to the Mission relocating to the proposed site. He is concerned because the children from the Boys and Girls Club and Jackson Elementary walk through the proposed area. If the Mission's conditional use is approved, those children will be exposed to drugs. Mr. Martinez then asked the Planning Commission to deny the Mission's request.

 

Mr. John Ravarino, a member of the Salt Lake City Mission, stated that the Mission is concerned about the community's fears. He believes that the Mission is compatible with the neighborhood. The people that the Mission serves need the downtown services, therefore, the Mission needs to be close to Downtown. Mr. Ravarino then stated that the Salt Lake City Mission is committed to be responsible in the Fairpark neighborhood.

 

Mr. Steve Bailey, a concerned citizen, stated that when he finished his counseling courses about a year ago, he did his internship at the First Step House. He then stated that he volunteers at the First Step House and the program there is very similar to the Mission's programs. The Mission helps people and not everyone is a drug addict. Mr. Bailey continued by stating that the media has labeled the Mission as a bad influence. In actuality, the Mission is trying to put the Light of Christ into the neighborhood. Contrary to people's belief, the Mission is a church and he believes that it will blend in with the community.

 

Mr. David Hollins, a concerned citizen, stated that he lives in the Rosepark area. In most cities, like Salt Lake City, missions and shelters are located in the Downtown area so that they can be monitored by police and state officials. Missions and shelters are not located in residential neighborhoods of growing boys and girls. Mr. Hollins stated that he has a friend who is a drug user. The friend had stated that he bought his drugs at a church. When Mr. Hollins' friend showed him the church, it was the Salt Lake City Mission. Mr. Hollins continued by stating that he does not want the drugs in his neighborhood. He then stated that he is a husband and father of small children and a Salt Lake City first time home buyer since 1993. As a parent, it is difficult to know what our children are doing every minute of every day; it will be more difficult to know what the Mission does every minute of every day. He concluded by asking the Planning Commission to not approve the Mission's request because he loves his neighborhood.

 

Ms. Monica Wilson, Pastor Wilson's wife, stated that she works with the minorities that have been disowned by their community. She helps them work their way back into their community where they belong. This is done by the blood of Jesus Christ, the word of God and the testimonies of those who belong to the Salt Lake City Mission. Ms. Wilson then stated that she has never seen people use drugs inside the Mission at any time or at any cost. The people would go outside to do their drugs and think that they could come back to the Mission under the influence; it can't be. Ms. Wilson then stated that she has trained her dog to find drugs. Her dog has found drugs outside the church, not in the church. Ms. Wilson then shared her personal testimony and stated that her husband, Pastor Wilson, also has a testimony and that he is a changed man. Therefore, he should not be judged for his background because that is the past.

 

Mr. Aaron Bludworth, representing four business interests in the Fairpark neighborhood, commented about Ms. Wilson's statement about drugs not being inside the Mission. He stated that he would appreciate drugs not being inside or outside the Mission. The four businesses pledge their support to the Fairpark Community Council and their efforts to oppose the Mission's request and also to promote the safety of the children at Jackson Elementary, the Boys and Girls Club, West High School, Sedona House and the children of the community. As members of the business neighborhood, who have made an effort to improve the community by running clean and productive businesses, we support the neighborhood by expressing their opposition to the Mission's request to relocate in the Fairpark community.

 

Ms. Samantha Francis, Chair of the People's Freeway Community Council, stated that the present site for the Mission is under the People's Freeway Community Council's jurisdiction. Ms. Francis then stated that when Pastor Wilson took his request to the People's Freeway Community Council he stated that he would do whatever it takes to get the Planning Commission's approval. The community does not want the Mission in their neighborhood because of the negative impact. Also, the community has too many shelters on the west side of Salt Lake City. The Mission needs to locate someplace where it is not impacting a community that is overridden by the many services that are currently located on the west side. It is time for others to give what the west side community has been given for several years.

 

Mr. Rick Freeman, a concerned citizen, stated that he and his wife just recently purchased a home in this community. He and his wife chose this community to raise their children because they felt it would be safe. If the Mission relocates at the proposed site, they feel that the community will no longer be safe. Mr. Freeman then stated that he believes that Pastor Wilson is trying to manipulate the community to believe that the Mission is a church, when in actuality it is a homeless shelter. He believes in helping those who are in need, however, he feels that the proposed site is the wrong location for the Mission because of the young children in the area. Mr. Freeman concluded by stating that he believes that Pastor Wilson should be given the opportunity to help others, however, the proposed location is not the right place.

 

Mr. Arthur Larsen, a concerned citizen, stated that he has lived in the Fairpark community for 43 years. He and his wife have raised 11 children in this neighborhood. Mr. Larsen stated that he lives in a diverse community and he feels that the Mission does not belong because it will negatively impact the community.

 

Mr. Winston Taylor, a concerned citizen, commended the Planning Commission and Salt Lake City for helping the Fairpark community improve the quality of life over the last several years. Mr. Taylor feels that if the Mission relocates to the proposed site that the traffic problem will increase and that the Mission will negatively impact the community. Mr. Taylor's understanding of the people that will be served by the Mission are the ones that have been turned away from the other long-time professional shelters because the people are a danger to themselves and a danger to others. This is not an issue of pro or anti church because there are numerous churches and denominations in the Fairpark community. The issue is the present and future safety and the viability of the neighborhood.

 

Ms. Cherice Hipolito, a member of the Salt Lake City Mission, stated that she attends the Upwards Motion Program. Ms. Hipolito then stated that she used to live in the Homeless Shelter. During her stay there, she was not helped in any way and then she was put back on the street by the Homeless Shelter. The Mission has helped her accomplish more during the past two months than she was able to accomplish during her entire stay at the Homeless Shelter. Ms. Hipolito then stated that she believes that if the Mission is moved to the proposed site, the unwanted issues (i.e. drugs) will not be present. She has never seen drugs used inside the Mission. She then stated that there is a lot of drugs on the streets, however, the blame does not belong to the Mission. The drugs are a problem outside of the current location because of the location not the Mission. Ms. Hipolito concluded by stating that since she has attended the Upwards Motion Program she is drug free and she has found Jesus.

 

Mr. John Hale, a member of the Salt Lake City Mission, stated that he sympathizes with the fears of the community. He then stated that what has been told about the Salt Lake City Mission is not the Salt Lake City Mission; it is west 200 South. Mr. Hale then stated that he believes that if the Mission is put at the proposed site, the problems that currently exist will not be there.

 

Mr. Bruce Newman, Chair of the Fairpark Community Council, stated that people are not attracted to west 200 South because of the address. They are attracted to that section of town because the shelters are there. If the Mission moves to 600 West, the

homeless people will follow. There will also be negative synergy between the Mission and the other negative services that have been addressed by the community. Please do not approve the Mission's request to relocate at the proposed site.

 

Mr. Pete Gonzales, a concerned citizen, spoke concerning an organization called the Long Range Planning Committee. This Committee does long range planning for the homeless. The master plan for the Long Range Planning Committee is to decentralize the service providers away from Salt Lake City throughout the Salt Lake County. Moving the Mission to the proposed site is in contrary to the Committee's master plan. Mr. Gonzales then stated that he believes that if the Mission is located at the proposed site it will not be in the best interests of the community because of the negative impacts it will bring. The issue is not anti-church; it is about pro-neighborhood, family and community. There are other places in Salt Lake County that may be more appropriate for the Mission.

 

Mr. Paul Corbett, a concerned citizen, spoke in support of the Salt Lake City Mission by quoting two scriptures and sharing his personal testimony. He then stated that no matter what decision is made by the Planning Commission, the Lord will not forsake the homeless people or the Mission.

 

Mr. Jon Robinson, a concerned citizen, stated that he lives across the street from the proposed site for the Mission. The Fairpark community is a fragile neighborhood that has come a long way. The community struggles everyday by fighting off prostitution, drugs and undesirable activities. He feels that the Mission is trying to lead the community to believe that what is taking place on 200 South is not going to happen at the proposed site. Mr. Robinson then stated that he believes that the Planning Commission needs to rely on the reputation of what has happened at the Mission's current location; especially since the proposed site is within walking distance of the current location. Please deny the Mission's request to relocate at the proposed site.

 

Ms. Kim Guess, a concerned citizen, stated that she is concerned about the garbage, the refuse, the human waste and the contaminated objects that are left behind by people who are transient. As a social worker, she stated that homelessness tends to be a temporary condition; where a transient's life-style tends to be a long-term condition. She believes that serving homeless and transients are like serving two different kinds of populations. The Mission has no way of regulating how the people that they serve enter the community or what their activities are inside the facility or in the community. Ms. Guess then stated that the residents of the Fairpark community have the right to have a pedestrian friendly community and to not live in fear. The residents should not have to protect and preserve the property that many have waited a life time to obtain. Please deny the conditional use for the Salt Lake City Mission in the Guadalupe neighborhood.

 

Mr. George Rodgers, with Present Fellowship Ministries, stated that one of his duties is to approach many different churches about developing support groups for inmates when they come out of prison because we do not want them to become homeless. Not too many churches want to open their doors to help the inmates. Pastor Wilson has applied to be one of the instructors. As a result, Mr. Rodgers has visited the Mission on several occasions to observe the programs. During his visits he has not seen any drugs inside the Mission. After screening Pastor Wilson, he has become one of the instructors. The Mission is also one of the few churches that is willing to serve the people that need it most. The problem with the homeless is a community problem and Mr. Rodgers feels that the community needs to get involved.

 

Mr. Art Loertscher, has worked with the Salt Lake City Mission, stated that the Mission is doing good by helping people overcome addictions and find the Light of Christ. Mr. Loertscher then stated that he too saw the Light of Christ 15 years ago. The Mission changes peoples lives. He feels that the community should get involved and help the Mission be successful. Mr. Loertscher then stated that he admires Pastor Wilson for his desire to serve God.

 

Ms. Mary Hale, a concerned citizen, stated that she believes that 90% of the population is afraid of the homeless. She then stated that she took about 12 school age children to the Salt Lake City Mission a few months ago to interview the people being served. Ms. Hale stated that she and the children were nervous and scared. The children talked to both clients and staff and then they wrote papers about their experiences. When given the opportunity to go back, they all wanted to go. These children were changed.

 

Mr. Russ Jacobsen, a resident of the Fairpark community, stated that he does not dispute that the Salt Lake City Mission provides a valuable service. The concern that he has is that the Mission houses homeless and transient people. The Mission will not be able to control what goes on outside of the building and he is concerned about what types of negative activities will be going on.

 

Ms. Shannon Graham, a concerned citizen, stated she has lived in the Fairpark community most of her life and she has seen the area improve and become a very positive, very diverse neighborhood. Ms. Graham has a son that she is trying to protect, one way to protect him is to oppose the Mission relocating to the proposed site.

 

Ms. Sara Elisabeth Bosse, a concerned citizen, stated that she has lived in the Fairpark community for several years. The community has fought prostitution, drugs and other undesirable activities. She is not afraid of what the Mission is doing, however, she does not feel that the proposed site is the place for them. Ms. Bosse stated that this community is tired of being a "dumping ground" for these types of services.

 

Pastor Wayne Wilson, of the Salt Lake City Mission, stated that he believes that a long time ago there was not a homeless problem because everybody pitched in and they

made a difference in the world. Salt Lake City has changed, the community's do not want to help people because there would not be a homeless problem if people were willing to make a difference.

 

Mr. Randy Velasquez, a concerned citizen, stated that he visited the Mission and took pictures of the activities that were going on outside of the church. Some of the pictures were of people dealing drugs. (The pictures were passed around to the Planning Commission.) Mr. Velasquez then asked the Planning Commission to not approve the Mission's request to relocate at the proposed site.

 

Pastor Willy Dunn Jr., Worldwide Gospel Church, stated that he has been in the Fairpark community for about 15 years. Pastor Dunn then stated that he is surprised at the hostility from the community about helping people. As a minority, he knows what it is like to not be wanted. He commends the Mission and their efforts to want to help others.

 

Mr. Walter Moore, a concerned citizen, stated that he used to work for the Salt Lake City Mission. He then stated that keeping the Mission out of the community will not make all of the troubles go away. If the homeless do not have a place to go, they will sleep on the doorsteps of the community. Mr. Moore then stated that if the community does not want the Mission because of drugs being used outside of the facility, then every business should be closed because he believes that drugs are used all throughout the City.

 

Mr. John Conway, a worker at the Salt Lake City Mission, stated he came to Salt Lake City two years ago as an alcohol and drug addict not knowing God. The Mission has changed his life. He then stated that if the Mission gets denied to relocate at the proposed site, then it will be closed down on people who do not know God and that need to know God.

 

Mr. Gordon LeClaire, a concerned citizen, stated that he feels that the Mission is doing good work, however, he does not want the Mission to locate in his neighborhood because of the existing problems.

 

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. Coffey stated that she has looked over the pictures that were submitted by Mr. Velasquez and it appears that they are not of the Mission; it looks like they are of the Traveler's Aid Homeless Shelter.

 

Ms. Funk stated that the purpose of the Planning Commission is to focus on land use. The Commission would not tell the Mission to discontinue their services, however, the Commission's purpose is to determine if the Mission is the best land use for the proposed site. Ms. Funk then stated that conditional uses, in general, have a negative impact on the community. Therefore, it is her feeling that there should not be too many conditional uses in any one neighbor if it is a residential neighborhood. Conditional uses tend to break up the neighborhood, the character of the neighborhood and the ability for the residents to bond, work and function with each other. For this reason, she will vote to deny the Mission's request to relocate at the proposed site because the Fairpark community has too many conditional uses already. Perhaps they will be able to benefit from a different kind of conditional use such as a day care center or a nursing home.

 

Mr. Steed spoke as a resident of the west side community. He stated that he has seen the improvements in the Fairpark/Guadalupe area. There are many great things going on in the community. Mr. Steed then stated that he is concerned about the related ministries being offered by the Mission. Inside the facility the Mission can control what goes on, outside the facility there is no control or regulation. Mr. Steed continued by stating that he does not believe that the Mission is the best land use for the community.

 

Mr. Smith stated that he is persuaded that the Mission, in its desired new location, would offer a range of related ministries that would be so attractive to the homeless that many businesses in the Rio Grande neighborhood would consider relocating. Mr. Smith then stated that he has concluded that the Mission is the wrong land use for the proposed site within the Guadalupe neighborhood. The renewal of the Guadalupe neighborhood is a great source of pride to many in Salt Lake City. Mr. Smith continued by urging the Mission staff to make an effort to work with Salt Lake City to find the best fit for their facility.

 

Ms. Barrows stated that she is concerned by the number of people that the Mission intends to bus to the facility. The Mission is a conditional use that will have an impact on the community. She then stated that she is very uncomfortable with the proposed use in the Guadalupe residential neighborhood.

 

Mr. Snelgrove stated that he believes that the Mission provides needed support to a disenfranchised segment of society. The goal of the Mission is necessary in Salt Lake City. Unfortunately, this is one those cases where two worthy goals collide. There is a need to encourage this type of provision of services to those who need it. However, there is also the desire to establish a safe, stable and cohesive neighborhood in the Guadalupe area. It is important to remember that this is a previously threatened neighborhood that is in the midst of a renewal. Mr. Snelgrove then stated that unfortunately some of the population that is served by the Mission, could pose a threat to the surrounding neighborhood which is a clear potential for an adverse impact. The Mission should be welcomed to the appropriate place in Salt Lake City. If the Mission feels that the proposed site is the ideal location, perhaps they should improve the services that they provide.

 

Mr. Daniels stated that he agrees with what has been stated by the other Planning Commission members. He then added that it is very difficult for him to even consider voting for the conditional use because of the negative impact on the existing community.

 

Ms. Short stated that the one comment that was repeated most by the community during the public hearing was "fragile neighborhood". As a member of the Planning Commission, Ms. Short stated that she would like to continue to see the Fairpark/Guadalupe community improve. Therefore, she feels that the Mission is the wrong land use for the proposed site.

 

Motion for Case No. 410-368:

 

Mr. Steed moved, based on the findings of fact, to deny Case No. 410-368 for a Place of Worship and related ministries at 158 North 600 West. Ms. Funk seconded the motion. Ms. Barrows, Mr. Daniels, Ms. Funk, Mr. Smith, Mr. Snelgrove and Mr. Steed voted “Aye”. Ms. Kirk and Mr. Mariger were not present. Ms. Short, as Chair, did not vote. The motion passed.

 

PLANNING ISSUES

 

Briefing on the Central Community Master Plan Update.

 

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

 

EXECUTIVE SESSION: The Planning Commission entered into Executive Session to discuss pending litigation.

 

Mr. Smith moved to enter into Executive Session at 5:20 p.m. to discuss pending litigation. Mr. Snelgrove seconded the motion. Ms. Barrows, Mr. Daniels, Ms. Funk, Mr. Smith, Mr. Snelgrove and Mr. Steed voted “Aye”. Ms. Kirk and Mr. Mariger were not present. Ms. Short, as Chair, did not vote. The motion passed.

 

Executive Session adjourned at 5:50 p.m.

 

There being no further business, the meeting adjourned at 9:50 p.m.