SALT LAKE CITY PLANNING COMMISSION MEETING
In Room 325 of the City & County Building
451 South State Street, Salt Lake City, Utah
Wednesday, January 12, 2005
Present from the Planning Commission were Chairperson Tim Chambless, Vice Chairperson Laurie Noda, Babs De Lay, Prescott Muir, Kathy Scott and Jennifer Seelig. John Diamond, Craig Galli and Peggy McDonough were unable to attend.
Present from the Planning Division Staff were Planning Director Louis Zunguze, Deputy Planning Director Brent Wilde, Deputy Planning Director Doug Wheelwright, Planning Programs Supervisor Cheri Coffey, Senior Planner Elizabeth Giraud, Intern Andrei Lubomudrov, Principal Planner Marilynn Lewis, Senior Planner Joel Paterson, Principal Planner Doug Dansie and Acting Planning Commission Secretary Deborah Martin. Deputy City Attorney Lynn Pace was also present.
A roll is being kept of all who attended the Planning Commission Meeting. Chairperson Chambless 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.
Planning Commission Members voting during the meeting of January 12, 2005 are as follows: Commissioner Noda, Commissioner De Lay, Commissioner Muir, Commissioner Scott and Commissioner Seelig. Commission Chambless, as Chairperson, did not vote.
1. APPROVAL OF MINUTES FOR TUESDAY, DECEMBER 21, 2004
(This item was heard at 5:49 p.m.)
Commissioner De Lay moved for the Planning Commission to approve the minutes as presented. Commissioner Seelig seconded the motion, all voted aye; the motion passed.
2. REPORT OF THE CHAIR AND VICE CHAIR
(This item was heard at 5:50 p.m.)
Chairperson Chambless explained that Vice Chairperson Noda and he have not met since their last report, and they have no matters to report at this time.
3. REPORT OF THE PLANNING DIRECTOR
(This item was heard at 5:50 p.m.)
Mr. Zunguze explained that it was a challenge to draw together a quorum for this meeting because three Commissioners were out of town and unable to attend. He acknowledged the sacrifices made by the Commissioners in attendance so that the meeting would not have to be canceled. Mr. Zunguze then explained that the Planning Staff is working diligently with the Mayor’s Office to fill the two vacant Planning Commission positions. They are searching for candidates who would embrace the tranquil and productive atmosphere generated by the current Commissioners. Staff is hopeful that appointees will be forwarded to the City Council by the end of February or early March 2005.
Mr. Zunguze added that the Planning Commission Chair and Vice Chair meeting will be scheduled the end of January 2005, and a date to meet with the City Council has not yet been set.
4. PUBLIC NOTICE AGENDA – Salt Lake City Property Conveyance Matters
(These items were heard at 5:52 p.m.)
a. Salt Lake City Public Utilities and Holliday Water Company – Holliday Water Company is requesting five standard utility permits to allow new water lines to be installed at five different locations along the Jordan and Salt Lake Canal right-of-way. These locations are outside the Salt Lake City limits at:
· 2175 East Arbor Lane (approx 4800 S.)
· 1968 East Sycamore Lane (approx 4700 S.)
· 1930 East 4675 South
· 1876 East 4625 South
· 1802 East Osage Orange Avenue (approx 4425 S.)
b. Salt Lake City Property Management Division and 9th East Investments, L.L.C. – 9th East Investments L.L.C. is requesting a lease to allow a continued overhead encroachment, in the form of an awning canopy structure, into the 700 South Street right-of-way, for the property located at 863 East 700 South, in a Neighborhood Commercial “CN” zoning district.
c. Salt Lake City Property Management Division and Howa Properties, Inc. – Howa Properties is requesting a lease to allow three proposed overhead encroachments in the form of three awning canopy structures, into the South Temple and 300 West Street right-of-ways, as a part of the new building proposed at 279 West South Temple, in the Central Business District “D-1” zoning district.
d. Salt Lake City Public Utilities and Double JAC Investments L.L.C. – Double JAC is requesting a storm water drainage easement to use a portion of the City owned Lee Drain property, a City storm water drainage canal, for private development generated storm water detention and drainage. The Lee Drain property is located at approximately 1580 South Pioneer Road in a Light Industrial “M‑1” zoning district. (Staff – Doug Wheelwright at 535-6178)
It was noted that these items are published for the benefit of the public and no action is required by the Planning Commission. Any public comments or concerns may be directed to the respective department managing the project.
Chairperson Chambless asked if anyone on the Commission or from the public had any questions or wished to comment on the public notice agenda items. Hearing none, Chairperson Chambless moved to the first public hearing.
5. PUBLIC HEARINGS
(This item was heard at 5:53 p.m.)
Mr. Lubomudrov explained that the Planning Commission initiated the subject petition in 2002 in an effort to implement the policy of the Capitol Hill Master Plan. Originally, the petition cited the property at 238 West 600 North, and Staff subsequently included the property at 250 West 600 North because it has physical and historic similarities to 238 West and it is currently used as a low‑density residential unit. Mr. Lubomudrov further explained that the property owners of the subject properties support the proposed rezoning, and the Capitol Hill Neighborhood Council gave formal support for the change in January 2004. City Staff reviewed the proposed rezone and determined that the text of the Master Plan supports the down zoning and City departments did not object to the proposal. Based on the analyses and the findings of fact, Planning Staff requests that the Planning Commission forward a favorable recommendation to the City Council to change the zone of the subject properties from RMF‑35 to SR‑1, and to amend the future land use map of the Capitol Hill Community Master Plan from medium‑density residential to low‑density residential.
There was no one from the Capitol Hill Neighborhood Council or public to speak on the matter.
The public hearing was closed to public comment and there was no further discussion.
Motion for Petition #400-02-42 Based on the analyses and findings of fact, Commissioner De Lay moved for the Planning Commission to forward a favorable recommendation to the Salt Lake City Council to change the zone on the properties located at 238 West 600 North and 250 West 600 North from RMF‑35 to SR‑1, and to amend the future land use map of the Capitol Hill Community Master Plan from medium‑density residential to low‑density residential. Commission Noda seconded the motion, all voted aye; the motion passed.
1. 1640 South West Temple Street (split zoning) - Proposed zoning change: RMF -35 to CB
2. 628 East Milton Avenue (incorrect zone) – Proposed zoning change: PL to R-1-5000
3. 652 East Milton Avenue (incorrect zone) – Proposed zoning change: PL to R-1-5000
4. 1266 West 400 South (split zoning) – Proposed zoning change: CN to R-1-5000
5. 1214 West 400 South (split zoning) – Proposed zoning change: CN to R-1-5000
6. 1179 South Navajo Street (split zoning) – Proposed zoning change: R-1-5000 to CB
7. 1254 West 500 North (split zoning) – Proposed zoning change: R-1-7000 to CN
8. 551 East 400 South (split zoning) – Proposed zoning change: RMF-35 to CC
9. 362 South 600 East (split zoning) – Proposed zoning change: RMF-35 to CC
10. 780 South 900 West (split zoning) – Proposed zoning change: R-1-5000 to CB
11. 762 South 900 West (incorrect zone) – Proposed zoning change: CB to R-1-5000
12. 1399 – 1413 South 700 East (split zoning) – Proposed zoning change: R-1-5000 to CN
13. 963 East 500 South (split zoning) – Proposed zoning change: RMF-35 to CN
14. 448 South 900 East (split zoning) – Proposed zoning change: RMF-35 to PL
15. 2738 South 2000 East (split zoning) – Proposed zoning change: RMF-35 to CB
16. 427 East Cottage Avenue (split zoning) – Proposed zoning change: RMF-35 to OS
17. 613, 651 and 655 North Columbus Street (incorrect zone) – Proposed change: OS to R-2
17a. City property adjacent to 613 N Columbus (incorrect zone) – Proposed zoning change: OS to R-2
18. 15 South 2400 West (incorrect zone) – Proposed zoning change: OS to CC
19. 1167 East South Temple (incorrect zone) – Proposed zoning change: PL to SR-1
20. 1530 South Main Street (split zoning) – Proposed zoning change: RMF-35 to CC
21. 2200 South Texas Street (split zoning) – Proposed zoning change: PL to R-1-7000
22. 1486 South 1100 East (split zoning) – Proposed zoning change: R-1-5000 to RB
23. 1480 South 1100 East (split zoning) – Proposed zoning change: R-1-5000 to RB
(Staff – Marilynn Lewis at 535-6409)
(This item was heard at 5:58 p.m.)
Ms. Lewis explained that several parcels or portions of parcels were erroneously included or excluded with the rezoning of various public and private properties during the 1995 Zoning Re‑Write Project. The purpose of the project is to correct the zoning of the 23 above‑mentioned properties. Ms. Lewis noted that specific information on all 23 subject sites is included in the packets presented to the Planning Commission. Ms. Lewis then explained that there were different causes for the incorrect zoning. A portion of a property may not have been identified with the remainder of a property creating a split zoning, a portion or an entire property was altogether excluded from the appropriate zone, or a portion of an entire property was improperly introduced into a new or inappropriate zone. Ms. Lewis said that based on the findings of fact, Planning Staff recommends that the Planning Commission forward a favorable recommendation to the City Council for approval of rezoning on all 23 sites.
Commissioner De Lay noted that this item was postponed last month because proper agenda notification was not given. Ms. Lewis explained that all 23 sites and their addresses have been listed on the agenda and notices were mailed out again to ensure proper notification.
There was no one from the respective community councils or public to speak to the issue.
The meeting was closed to public comment and there was no further discussion.
Motion for Petition #400-02-43 Based on the findings of fact, Commissioner Noda moved for the Planning Commission to forward a favorable recommendation to the Salt Lake City Council to correct the zoning errors that occurred during the 1995 Zoning Re‑Write Process on the properties listed as item numbers 1 through 23. Commissioner Scott seconded the motion, all voted aye; the motion passed.
(Staff – Janice Panichello at 535-6260 or janice.panichello@slcgov.com)
(This item was heard at 6:02 p.m.)
Mr. Wheelwright, substituting for Ms. Panichello, explained that the subject parcel is located east of the RC Willey Warehouse site at 300 South and 5500 West, and the entire area is zoned Industrial M‑1. The subject property was acquired by Salt Lake City in 1994 as a condition of subdivision approval for a radio tower facility. Mr. Wheelwright noted that the radio tower facility was erected on the property, but the use no longer exists. He then explained that at the time of acquisition, the Transportation Master Plan called for an eastward extension of 300 South beyond the RC Willey site to provide access to surrounding properties that were not yet developed. In 1996, the Major Street Plan of the Transportation Master Plan was amended and the designation of 300 South east of 5200 West was changed to a local street. Local streets are not mapped on the Major Street Plan and are allowed to be developed as needed to access surrounding properties. Also since that time, the Kern River Gas Transmission Company developed the entire property abutting to the east, so it eliminated any need to extend 300 South farther east. Mr. Wheelwright added that the subject section of 300 South was only acquired and was never developed as a street. City policies and ordinances allow closure of a street right‑of‑way should it be determined that it no longer serves a public purpose. Planning Staff recommends that the subject property be closed and sold to the owner of the abutting property, Menlo Associates.
Responding to questions from Commissioner Scott, Mr. Wheelwright explained that the property now owned by Kern River Gas was originally configured as a large single Agricultural Use parcel with the potential to be subdivided into smaller parcels. Subsequently the Gas Company is using the entire parcel for a compressor station. 300 South adjacent to the RC Willey site and 5200 West are City streets.
Commissioner Seelig asked about the status of a Northwest Quadrant Master Plan, which does not exist at this time. Mr. Wheelwright explained that Mayor Anderson stated in his State of the City speech that he intends to seek funding for a Northwest Quadrant Master Plan during the next budget cycle.
There was no one from the public or the respective community council to speak to the issue.
The meeting was closed to public comment and there was no further discussion.
Motion for Petition #400-04-43 Based on the analyses and the findings of fact presented in the Staff Report, Commissioner Noda moved for the Planning Commission to forward a favorable recommendation to the Salt Lake City Council to approve the street closure of the unimproved right‑of‑way of 300 South located east of 5200 West, and to declare the right‑of‑way as surplus land and allow it to be sold at fair market value to the abutting property owner to the north, Menlo Associates, LLC. Commissioner De Lay seconded the motion, all voted aye; the motion passed.
(This item was heard at 6:07 p.m.)
Matt Dahl (Project Coordinator) representing the Salt Lake City Redevelopment Agency (RDA) was present. Gray Turner from Wilbur Smith Associates, Project Manager and Member of the TRAX Design Team, was also present.
Mr. Paterson explained that when the north/south light rail line was being developed, it was anticipated that a station would be constructed at 900 South 200 West when demographics and projected ridership in the area warranted construction. The Utah Transit Authority (UTA), RDA and the Planning Division have been monitoring the projected ridership and it has been determined that the station is now warranted because of recent development in the area. The north/south light rail line opened in 1999 and will continue to operate during construction of the proposed station.
Mr. Paterson then explained that the proposed station is designed similar to other downtown stations and modeled after the Courthouse Station with minor modifications. The overhead power lines at this location are somewhat different and the spacing of the poles will be wider. The distance between the two platform canopies will be 15 feet wider than the Courthouse Station to accommodate the poles. The seating under the canopies is a bench style rather than individual seats because the individual seating design is no longer available. The platform surface of the station will be brushed concrete similar to the University Station rather than granite, which was used for the Courthouse Station and Main Street sidewalks. The tactile warning stripe between the platform and the tracks will be cast in place and yellow in color rather than gray pre‑cast tile used for the Courthouse Station. Mr. Paterson noted that UTA has had problems maintaining the pre‑cast tile and has since painted a yellow strip on the platform to address this problem and to increase visibility. As for landscaping, the subject platform will have six trees compared to eight at the Courthouse Station. Fewer trees are the result of the pole spacing. A mid‑block crosswalk is proposed and will be 10 feet wide rather than 20 feet compared to the Courthouse Station crosswalk. The crosswalk will eliminate two to three parking spaces along 200 West.
Mr. Paterson explained that RDA has entered into an agreement with UTA to construct the proposed station. UTA and RDA held an open house on December 1, 2004, and followed up with a presentation to the People’s Freeway Community Council. The Community Council did not vote on the issue, but there were comments from residents about losing the on‑street parking. Properties fronting 200 West do not have driveways leading to on‑site parking, but have alley access behind the homes. Few homeowners take advantage of the alley access, whereas most rely on street parking. Mr. Paterson concluded by saying that Planning Staff recommends the Planning Commission forward a favorable recommendation to the City Council for the design of the station. Construction of the station would be started as soon as possible in that it is projected to be open in June 2005.
Mr. Dahl explained that previous plans have been intended for the community to become transit‑oriented and the proposed station is a key element in implementing this type of development. RDA believes that the proposed station is an excellent design and it will function and serve the purpose to a great extent.
No one from the People’s Freeway Community Council was present to speak to the project.
Reid Jacobson explained that he has owned the vacant property located at 840 South 200 West since 1996, and he has not proceeded with development because of pending construction of the light rail station. He explained that he plans to construct a bakery/café and eliminating on‑street parking for the mid‑block crosswalk greatly affects his plans. Mr. Jacobson said that he supports the project and hopes to integrate his plans with the station, but it is essential for him to know exactly which on‑street spaces would be eliminated before he can go forward.
It was noted that detailed site plans were not available at the meeting. Mr. Turner helped Mr. Jacobson visualize where the crosswalk will be located by using the rumble strip that is currently on site. The rumble strip runs along the outside of the tracks and is absent for 20 feet. The crosswalk will be located in the southern 10 feet of the 20‑foot area. No parking will be allowed 10 feet from each side of the crosswalk in order to provide sight‑distance requirements.
Mr. Paterson noted the letter from Wang Organization, LLC stating support for the station. Chairperson Chambless acknowledged that each Planning Commission Member received a copy of the letter.
The meeting was closed to public comment and there was no further discussion.
Motion for Petition 400-04-50 Based on the findings of fact and the testimony presented, Commissioner De Lay moved for the Planning Commission to forward a recommendation to the Salt Lake City Council to approve the design of the 900 South TRAX Station as proposed. Commissioner Noda seconded the motion, all voted aye; the motion passed.
(This item was heard at 6:21 p.m.)
Burke Cartwright, EDA Architects, representing the Salt Lake County Administration was present.
Mr. Paterson explained that the petition was originally heard by the Planning Commission on October 27, 2004, and the Commission granted conditional use approval to modify certain urban design standards for the D‑4 zoning district. The Planning Commission allowed modifications to the required front yard setback on 300 West to allow extra space for lobby entrances, the required setback on 100 South for loading docks and the minimum 40‑percent requirement for glass or open areas along 100 South. The request to approve a walkway between the parking structure and the lobby along 300 West was not accepted by the Planning Commission and the Commission required Salt Lake County to work with the local community to resolve development issues. On December 16, 2004, the Planning Commission Development Subcommittee met with representatives from the County and the Japanese‑American Community to further consider modifications for the purpose of addressing community concerns. As a result, the lobby space has been redesigned and now meets ordinance requirements. Mr. Paterson further reviewed the changes explaining that the parking entrance on 300 West has been moved to the north and the entrance for the parking structure on 100 South has been moved to the east. Moving the entrances provide greater separation between Salt Palace parking entrances and the entrance to the parking structure for the Japanese Church of Christ. Moving the entrances also provided more effective buffering between the loading docks and the Church. Additional landscaping is also proposed to better buffer the Church from the large walls of the Salt Palace. The County also hired a transportation consulting firm to study the impact that the project would have on 100 South, the capacity of the intersections, the location of driveways and the configuration of loading docks. As a result of the study, the loading docks have been reconfigured and include fewer stalls for tracker‑trailer rigs and improved access and on‑site maneuvering space.
Mr. Paterson continued to explain that the Planning Division received a letter from the Japanese Community Preservation Committee (JCPC) outlining issues that still need to be addressed. He noted that the Planning Commission was provided a copy of the letter. Mr. Paterson said that the Planning Staff recommends final site plan approval and further recommends that the Planning Commission reconsider the condition of approval regarding consolidation of parcels. The Planning Commission required all parcels on the block to be consolidated into a single parcel. Consolidating all the parcels can not be accomplished because some are owned by the LDS Church. The existing exhibition hall is constructed on parcels owned by the LDS Church, and the expansion will be constructed on parcels owned by the County. Staff is recommending that the Planning Commission modify the condition to require the County to consolidate only the parcels they own. Staff also recommends that the Planning Commission acknowledge the good faith efforts made by both Salt Lake County and the JCPC, and to encourage continued cooperation in addressing the outstanding issues.
Responding to questions by Planning Commission Members regarding parcel consolidation, Mr. Paterson explained that the County is leasing parcels from the LDS Church. An agreement is in place with the City in that Building Code requirements; such as internal fire walls and access easements, would have to be met should the lease lapse. Mr. Paterson noted that buildings on multiple parcels exist throughout downtown Salt Lake City.
Mr. Cartwright presented the Planning Commission with hardcopies of upgrades and enhancements to the project and acknowledged that outstanding concerns still need to be defined and addressed. Mr. Cartwright assured the Commission that Salt Lake County Administrative will continue to work with the JCPC and recommended that the Subcommittee also stay involved. He then reviewed the modifications made including planting ivy, installing gates, detailing and lowering walls in order to address the community’s concerns. He said that he believes the most beneficial modification for both parties was the floor plan of the exhibition space itself. Squaring the floor area created an active and innovated edge to the lobby, and all lobby functions will now take place the entire width of the 300 West façade. The 300 West façade was further enhanced with the modification.
Commissioner De Lay asked Mr. Cartwright to respond to the concerns stated in the letter from the JCPC. JCPC is still concerned about loading and staging of semi‑trucks on 100 South. Mr. Cartwright explained that it is an operational issue and the Salt Palace Administration has committed to preventing trucks from staging. JCPC suggested landscaping; as well as any streetscape, furniture, gates and materials, to be contiguous on the north and south sides of 100 South. They also want the south side of the Buddhist Temple included in the landscaping plan of Phase II. The Planning Commission was unaware of a second phase, and Mr. Paterson explained that the project has two phases in that the parking structure will be constructed early 2005, and the exhibition space will be constructed late summer 2005. Mr. Cartwright added that Phase II will include meeting rooms in the north lobby which are now located along the South Temple frontage. As for a fence or wall on the 300 West edge of the Japanese Church of Christ parking area, Mr. Cartwright explained that the Salt Palace is not inclined at this time to provide it. JCPC wants the wall extended with a gate because they are concerned about the high volume of pedestrians exiting the Salt Palace. Mr. Cartwright explained that there will be very little public egress from the doors along that side because they are required exit doors and will be used only in case of emergencies.
Members of the Commission and Mr. Cartwright further discussed JCPC concerns relating to major events; specifically, the 2005 Outdoor Retailers Convention. The parking structure will be completed for the upcoming event, but the exhibit hall will not be completed. The assembly of tents and the staging for toilet facilities in the parking lot will occur. However, the County is striving to meet a definite completion date to secure a five‑year agreement.
Mr. Lynn Pace noted that the Planning Commission may not require off‑site improvements unless there is a finding that such improvements are needed to mitigate adverse impacts caused by the development. The off‑site improvements are the requests made by JCPC for landscaping along the south side of 100 South and the fence and gate for the Church parking lot.
There was no one from the respective community council to speak to the matter.
Raymond Uno, representing JCPC, explained that the original construction of the Salt Palace had a devastating effect on the community and they intend to stay active in any development that may further affect them. Mr. Uno said that he believes there will always be issues that concern the community and at this point, their letter presented to the Planning Commission reflects their final concerns in regards to this matter.
Brenda Koga, member of JCPC and the Salt Lake Buddhist Temple, said that she appreciates the cooperation provided to them, but she is still concerned about the future of the community and the impact of day‑to‑day Salt Palace events. Ms. Koga noted that two semi‑trucks were staging just last Sunday, and she believes there will always be issues to address. Responding to questions from Commissioner De Lay, Ms. Koga said that she feels a good relationship has been built between the Salt Palace and the two churches (Salt Lake Buddhist Temple and the Japanese Church of Christ), and they intend to send a representative to every meeting involving the Salt Palace expansion. As for Mayor Anderson’s commitment to establish culture avenues in the neighborhood, Ms. Koga said that it is their vision and they will do everything in their power to make that vision a reality.
Mr. Cartwright reiterated that the County is committed to continuing communications with JCPC. He said that he believes the open communication has been helpful in that it resulted in a better project.
Responding to questions from Commissioners regarding truck staging and coordinating events, Paul Terashima, Member of the Salt Lake Buddhist Temple, explained that they were provided the phone number for the Salt Palace Security Office should there be any truck staging. He explained that they called the Security Office on Sunday and the trucks were removed within 20 minutes. They were informed by Allyson Jackson, General Manager of the Salt Palace, that all staging is to take place at the State Fairgrounds and to call the Security Office should any staging occur on 100 South. Mr. Terashima then explained that the Salt Palace has agreed to allow the community to use their parking and exhibition halls for some JCPC activities, but they would like to have the agreement in writing. JCPC still wishes to address coordinating future events or at least receiving prior notice of major Salt Palace events so that they can prepare for the impact and adjust their events schedule.
The meeting was closed to public comment. Commissioner Noda, Chairperson for the Planning Commission Development Subcommittee, commended everyone involved for their cooperation and encouraged ongoing dialog. She noted that the City Council and the Mayor’s Office also wish to see a continuing effort.
Motion for Petition #410-701 Based on the findings of fact and the testimony presented, Commission De Lay moved for the Planning Commission to grant the final site plan approval for the Salt Palace expansion project, and to amend condition #4 of the motion adopted by the Planning Commission on October 27, 2004 to read “the Petitioner shall record a deed to consolidate all parcels owned by Salt Lake County on the subject site to a single parcel”. In addition, the Planning Commission acknowledges the good faith efforts made by all sides and encourages all sides to continue to work in the spirit of cooperation to address all other outstanding issues that were submitted by the Japanese Community Preservation Committee in their letter forwarded to the Planning Commission on January 12, 2005. Commissioner Noda seconded the motion, all voted aye; the motion passed.
This item has been postponed until further notice.
The Planning Commission took a break at 6:56 p.m.
(This item was heard at 7:05 p.m.)
D. J. Baxter, Senior Advisor to Mayor Anderson, was present.
Mr. Dansie explained that the petition was initiated in 1999 by Prowswood Corporation requesting to construct housing on the old rail yards from approximately North Temple to 500 North. In order to finance the development, they were required to implement sound attenuation. Working with the Planning Division, RDA and the Federal Government, it was determined that quiet zones be provided along the railroad tracks that would prohibit trains from blowing horns at every railroad crossing. The City moved forward with a proposal to install quad‑gates at 300 North and 400 North, and to close 500 North. The closure of 500 North has been approved by both the City Council and the Planning Commission with the Commission setting forth a condition that crash gates be installed as recommended by the Fire Department for emergency access to the rail yard. Because of the cost and the fact that it would be just as easy to access the rail yard from 400 North, the Fire Department has recommended removing the condition to require crash gates. The crash gates would be replaced with a full barrier for both pedestrian and vehicle traffic. Mr. Dansie noted that a letter from the Fire Department was included in the packet stating that they no longer require crash gates.
Mr. Baxter added that he attended the State Fairpark Community Council meeting and there was considerable discussion as to whether or not 500 North should be closed. It was pointed out to the residents that the closure has been approved and the only outstanding issue is the crash gates. The Community Council voted unanimously to eliminate the crash gate condition. They reasoned that other railroad crossings in the neighborhood have wooden gates and are visually unappealing, and prefer permanent curb and gutter at the end of streets.
Commissioner De Lay asked whether or not other streets will to closed; specifically, 600 West on the west side of Gateway Plaza. Mr. Dansie explained that the gating of 300 North and 400 North and the closing of 500 North included review for closing 200 South at about 650 West and closing South Temple at 600 West with quad‑gates.
Mr. Baxter added that the intent is to establish a quiet zone from 900 South to 600 North. The RDA has budgeted $1.3 million for the northern portion of the quiet zone from 200 South to 500 North. The closure of 500 North is included in that budget. The quiet zone should be established in the very near future. The City has a plan in place, but is unable to go forward without authorization from the Federal Railroad Administration (FRA). The FRA is currently developing a new rule that will authorize cities to establish their own quiet zones. The City has studied the draft rule which enabled the budget and preliminary plans. The final rule is expected in January 2005 with April 2005 being the effective date. Depending on the changes from the draft rule to the final rule, the City is not certain whether or not the preliminary plans may be implemented. Changes in the language and safety threshold formulas could affect the types of gates the City proposed, the cost of the project and completion date. Mr. Baxter is anticipating substantial changes because the FRA has received considerable public comment mostly from the railroad companies who have indicated that too much leniency has been given to the cities. Another factor that may determine the completion date is the Grant Tower commuter rail development by UTA. The City has considered using fixed curbs and removing trains completely from 900 South. This project would be more expensive and time consuming, but more feasible by involving UTA.
Jilene Whitby, Chairperson for the State Fairpark Community Council, explained that they have had a number of discussions regarding the closure of 500 North and the quiet zone in the last three years, and in every incident the Council voted unanimously to close 500 North. Discussion regarding the closure at the Council meeting that Mr. Baxter attended was a misunderstanding on her part. Ms. Whitby misunderstood that the Planning Division wanted more input on the closure itself rather than the crash gates, and she distributed flyers in both Spanish and English to every household in the area. Approximately nine community members in attendance were very vocal about not closing the street. Once they understood that the closure was already approved, they then asked that curb and gutter be installed rather a chain‑link fence. They believed that the fence is visually unappealing and they want foot access to Washington Elementary.
Mr. Baxter explained that the Utah Department of Transportation (UDOT) has jurisdiction over railroad crossings and allows absolutely no crossing of any kind once a crossing has been closed. The City is further unable to prohibit Union Pacific from erecting a fence should they decide to do so. The crossing is frequently blocked by trains changing boxcars which present safety issues and the City encourages community members to walk on 500 West to 400 North then cross eastward. The residents raised concerns about the condition of the street and the safety of their children taking that route. The City Administration is willing to consider improvements that would make the route more pedestrian friendly.
The meeting was closed to public comment and there was no further discussion.
Motion for Petition #400-04-45 Based on the findings in the original petition, the evaluation of the current proposal and Fire Department support of full closure without crash gates; Commissioner Muir moved that the Planning Commission recommend approval of the closure of 500 North at 500 West without the condition that crash gates be required and the recommendation (not a condition of approval) that fencing is not installed. Commissioner De Lay seconded the motion, all voted aye; the motion passed.
It is noted that prior to the vote, further discussion was held regarding not installing a fence. Commissioner Scott voiced concerned about safety hazards should a fence not be installed and asked Commissioner Muir to rescind the recommendation. Commissioner Seelig asked for Commissioner Muir’s reasoning for not installing a fence. Commissioner Muir declined to rescind the recommendation explaining that areas throughout the City have rails that are not fenced and fencing is the exception and not the norm. He believes that people adapt to rails in a safe fashion and he does foresee any eminent danger.
(This item was heard at 7:28 p.m.)
Victor Kimball was present.
Ms. Giraud reviewed the standards for conditional use approval explaining that the proposed development is specifically listed for the D‑2 zoning district. The proposal is to establish an Enterprise Rent‑A‑Car business which would replace an existing and vacant used car lot dealership known as Steve’s Auto Sales. The proposal would be in harmony with the general purposes and the intent of the Zoning Ordinance in that it is a support service for the downtown area. Since the proposed business will be located on State Street, the street is able to handle the traffic produced by the business.
Ms. Giraud then reviewed departmental comments. The Transportation Division noted no problems with the internal circulation system, which may indicate that it was properly designed. The Department of Public Utilities stated that they had no issues with the proposed conditional use and that water and sanitary sewer facilities on State Street are adequate to support the proposed development. The Planning Division determined that although buffering is provided with some landscaping and trees, it does not meet the requirements of the Zoning Ordinance. The architecture and building materials are consistent with the development and compatible with the adjacent neighborhood. Ms. Giraud noted that State Street has a mix of commercial buildings and the block face has no defined architectural style for the Applicant to draw from. The proposal is a CMU block building that will be approximately 1,900 square feet in size. The proposed operating hours are from 7:30 a.m. to 6:00 p.m. weekdays, and 9:00 a.m. to 12 noon on Saturdays. Staff could find no material adverse impact on the neighborhood or the City, and the proposal complies with all other applicable codes and ordinances other than UDOT requirements for egress and curb cuts. The Planning Staff thus recommends conditional use approval with the following conditions:
1. The Applicant meets UDOT requirements for access and utilities.
2. The Applicant resolves any issues regarding the effect of the drive approach on parking meters.
3. The Applicant meets the requirements of Chapter 21A.48.070 of the Zoning Ordinance - Parking Lot or Vehicle Sales or Lease Lots Landscaping - for landscaping of the perimeter of the lot.
4. The Applicant installs a ten‑foot landscaped buffer at the rear (east) side of the property as it abuts an SR‑3 residential zone.
5. The Applicant erects a sight‑proof fence at the rear side of the property.
6. The Applicant installs a pedestrian sidewalk from the public‑way sidewalk to the entrance of the business.
7. The Applicant provides a bicycle rack near the main building entrance.
8. The Applicant combines the two parcels into one and creates a new address and new parcel ID number.
9. That all of the above‑noted conditions be noted on plans to be approved by the Planning Director or his designee, and be acceptable to the Salt Lake Building Services Division.
Mr. Kimball questioned the conditions regarding the parking meters and the ten‑foot buffer. He explained that the residential lots on Edison Street abutting the rear of the subject property are very deep and he understood that only a seven‑foot buffer would be required. Ms. Giraud explained that parking meters exist directly in front of the curb approach and will need to be addressed with the appropriate department. Mr. Wilde explained that the buffer strip requirement between commercial and residential zones is either seven or ten feet. An interpretation of the car dealership requirement was made by the Building Services Division that a ten‑foot buffer would be required. The Planning Staff would be willing to clarify the requirement as the proposal goes through the permitting process.
Commissioner Scott noted the tall light poles that exist on the subject property and voiced concern about light intrusion on the abutting residential neighborhood. She also noted the proposed gravel and bark landscaping as a means for buffering. Mr. Kimball explained that the Applicants are sensitive to water conservation, but are willing to provide landscaping that is more conducive to buffering.
There was no one from the respective community council to speak to the matter.
Allen Peterson explained that he has been a resident at 842 South Edison Street for 29 years and he very much supports the project. Mr. Peterson noted Commissioner Scott’s concern about light intrusion and explained that the poles are not for lighting. Lighting was provided around the exterior of the property line, but has not worked for sometime. Regardless of the lighting proposed for the subject development, it would not surmount the light intrusion from State Street and the nearby parking lot. A solid fence would not make a difference as far as sound attenuation. One becomes accustomed to noise living near State Street. The hours of operations would also not cause an adverse impact in that other surrounding businesses; specifically the Chevron just 150 feet from the subject property, are opened 24 hours a day. As to buffering and landscaping requirements, Mr. Peterson explained that grass does not grow on the west edge of his yard and he would not expect it to grow on the east edge of the subject property. He believes that it would be prudent to consider drought resistant or more durable landscaping. Mr. Peterson said that the overall development is a good element for the neighborhood and asked the Planning Commission to support it.
Mr. Wilde noted that Mr. Peterson had an issue with accessing his rear yard. Mr. Peterson explained that he needs only occasional access and it has been worked out to everyone’s satisfaction.
The meeting was closed to public comment and there was no further discussion.
Motion for Petition #410-712 Based the findings of fact and testimony presented, Commissioner De Lay moved for the Planning Commission to approve the proposed application with the provision that the Applicant meet conditions 1 through 9 reflected on pages 8 and 9 of the Staff Report. Commissioner Noda seconded the motion, all voted aye; the motion passed.
(This item was heard at 7:44 p.m.)
Mr. Wilde explained that the strike and bold comments on the draft Policies and Procedures document reflect recommendations by former Planning Commissioners made some time ago. The document has since been forward to the Planning Commission Subcommittee for review and the shaded statements reflect recommendations from them. Both the bold and shaded statements represent consideration for adoption.
The Planning Commissioners discussed the comments and noted conflicting statements. Page 2 (Item J) and page 11 (Item 39) regarding whether or not the Chair shall vote, it was decided to adopt the Subcommittee’s recommendation.
Page 3, regarding attendance, it was decided to adopt the Subcommittee’s recommendation for “four consecutive meetings or six meetings in a calendar year” rather than three consecutive meeting. The language in Item B on the same page should be revised to show consistency with Item A.
Page 11 Paragraph 43 should state “a majority vote of a quorum”.
Mr. Wilde explained that he would direct the Planning Staff to clean up the language and bring the document back to the Planning Commission.
Motion for Adopting Policies and Procedures Commissioner De Lay moved for the Planning Commission to accept the recommendations from the Subcommittee. Commissioner Noda seconded the motion, all voted aye; the motion passed.
It is noted that discussion regarding the comments and conflicting statements was held after the motion was voted upon.
6. UNFINISHED BUSINESS
Commissioner De Lay requested status on the two vacant Planning Commission positions.
There being no further business, the meeting adjourned at 7:54 p.m.