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07/29/2002 - Minutes (3) PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH MONDAY, JULY 29, 2002 The City Council of Salt Lake City, Utah, met in a Work Session on Monday, July 29, 2002, at 5:30 p.m. in Room 326, City Council Office, City County Building, 451 South State Street. In Attendance: Council Members Carlton Christensen, Van Turner, Eric Jergensen, Nancy Saxton, Jill Remington Love, and Dale Lambert. Absent: Councilmember Dave Buhler Also in Attendance: Cindy Gust-Jenson, Executive Council Director; Rocky Fluhart, Chief Executive Officer; Stephen Goldsmith, Planning Director; Doug Wheelwright, Land Use and Transportation/Subdivisions Planner; Lynn Pace, Assistant City Attorney; Steven Allred, Acting City Attorney; John Inglish, General Manager of Utah Transit Authority; Michael Sears, Council Budget and Policy Analyst; Janice Jardine, Council Planning and Policy Analyst; Dennis McKone, Police Administrative Assistant/Media Relations; DJ Baxter, Mayor' s Senior Advisor; Ray McCandless, Northwest Quadrant/Subdivisions Planner; and Beverly Jones, Deputy City Recorder. Councilmember Christensen presided at and conducted the meeting. The meeting was called to order at 5:33 p.m. AGENDA ITEMS #1. REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS. Cindy Gust-Jenson said a new motion sheet for Item D-1, the construction of an intermodal railway terminal freight facility had been prepared. She said a motion had inadvertently been left out regarding landscaping. She said it had also been suggested that a five-mile radius be established between freight terminals. She said a sentence had been added requesting the Administration address the radius for the overall zone. She said the five-mile radius covered several community council areas. Councilmember Christensen asked how far the proposed freight terminal was from the Beck Street facility. Doug Wheelwright said the proposed facility was approximately eight miles along the track. He said they had negotiated with property owners to build a street connection between 4800 West and 5600 West. Councilmember Saxton asked who would be in charge of the new road. Mr. Wheelwright said the City required the road be built as an impact reduction from the street closure. He said the railroad and property owners had agreed to the road connection and had negotiated cost sharing on construction costs. #2. THE COUNCIL WILL ENTER INTO AN EXECUTIVE SESSION, IN KEEPING WITH UTAH CODE, TO DISCUSS PENDING LITIGATION. An Executive Session was held. See file M 02-2 for Sworn Statement and confidential tape. #3. RECEIVE AN UPDATE REGARDING PETITIONS BY THE UTAH TRANSIT AUTHORITY AND UNION PACIFIC RAILROAD COMPANY, RELATED TO LOCATING AN INTERMODAL FREIGHT LOADING FACILITY IN AN AREA ZONED M-1, INCLUDING: View Attachment a) A TEXT AMENDMENT TO TABLE 21A.28.040, TABLE OF PERMITTED AND CONDITIONAL USES FOR MANUFACTURING DISTRICTS: OF THE SALT LAKE CITY ZONING ORDINANCE TO ALLOW A RAILROAD FREIGHT TERMINAL FACILITY IN THE "M-1" ZONING DISTRICT PURSUANT TO PETITION NO. 400- 02 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH MONDAY, JULY 29, 2002 02-06. b) REZONING OF A 21.979 ACRE PIECE OF PROPERTY LOCATED AT APPROXIMATELY 800 SOUTH, 5600 WEST FROM A GENERAL COMMERCIAL "GC" ZONING DISTRICT TO A LIGHT MANUFACTURING "M- 1" ZONING DISTRICT PURSUANT TO PETITION NO. 400-02-07, AND c)AMENDING THE SALT LAKE CITY TRANSPORTATION MASTER PLAN BY REMOVING 4800 WEST, BETWEEN 1300 SOUTH AND 700 SOUTH AS AN ARTERIAL STREET AND DESIGNATING 4400 WEST, BETWEEN THE SAME TWO STREETS, AS AN ARTERIAL STREET. ALSO TO CLOSE A 1200 FOOT PORTION OF 4800 WEST PURSUANT TO PETITION NO. 400-02-11. See Regular City Council Meeting minutes of July 29, 2002 for discussion. The meeting adjourned at 5:40 p.m. bj 02 - 2 UPDATED MOTION OPTIONS DATE: July 26, 2002 TO: City Council Members FROM: Council Staff RE: Ordinances involving proposed intermodal freight facility CC: Cindy Gust-Jenson,Rocky Fluhart,David Nimkin, Margaret Hunt, Stephen Goldsmith, Lynn Pace,Gary Mumford,David Dobbins,Alison McFarlane, Doug Wheelwright, Ray McCandless, Janice Jardine, Russell Weeks, Michael Sears MOTIONS VETTED BY THE CITY ATTORNEY'S OFFICE ORDINANCE AMENDING THE SALT LAKE CITY TRANSPORTATION MASTER PLAN AND CLOSING AND ABANDONING A PORTION OF 4800 WEST STREET,PURSUANT TO PETITION No. 400-02-11 Given the information provided in writing by Union Pacific,I move that the City Council adopt the ordinance with the following amendments:(The written information will be provided by Union Pacific on Monday.) Under Section 2, subparagraph"b"delete the following language, "Union Pacific Railroad must agree to allow a future crossing of the spur line for the future road connecting 4400 West to 4800 West." Under Section 1, in subparagraph"c"the language"1000 South"should be changed to"1100 South"so that the first sentence of the subparagraph reads,"A new street connecting 4800 West and 5600 West at approximately 1100 South should be added."(to the major street plan.) ORDINANCE AMENDING THE TEXT OF THE SALT LAKE CITY ZONING ORDINANCE,PURSUANT TO PETITION No.400-02-06 I move that the City Council adopt the ordinance with an amendment to include the addition of specific location criteria that would not permit a railroad freight terminal facility to be located within distance of any existing railroad freight terminal. (A specific distance number will be recommended on Monday after a more complete review with the Planning staff.) LEGISLATIVE INTENTS SUGGESTED BY COUNCIL MEMBERS I move that the City Council adopt the following legislative intents. It is the intent of the City Council:1. That the Administration continue to encourage Union Pacific to discontinue or reduce rail traffic on the 900 South line. 1 2. That the Administration continue its negotiations with Union Pacific to mitigate the effect of freight train traffic on Union Pacific's 900 South line including a reduction in freight train traffic, particularly eliminating freight train traffic from evening until morning. 3. That the Administration explore with Union Pacific ways to facilitate the straightening of the Grant's Tower curve to facilitate increased frequency of freight train traffic through that area and alleviate the need for freight train traffic on Union Pacific's 900 South line. 4. That the Administration initiate a planning process to prepare a master plan for the area from the Interstate I-215 freeway west to the western City boundary and from North Temple south to the southern City boundary. 2 SALT LAKE CITY PLANNING COMMISSION MEETING In Room 315 of the City& County Building 451 South State Street, Salt Lake City, Utah Thursday, July 25, 2002, 5:45p.m. Present from the Planning Commission were Chairperson Robert"Bip" Daniels, Kay (berger) Arnold, Tim Chambless, Arla Funk, Jeff Jonas, Peggy McDonough, and Prescott Muir. John Diamond and Laurie Noda were excused. Present from the Planning Staff were Planning Director Stephen Goldsmith, Deputy Planning Director Doug Wheelwright, and Planner Ray McCandless. A roll is being kept of all who attended the Planning Commission Meeting. Mr. Daniels called the meeting to order at 5:50 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. APPROVAL OF MINUTES from Thursday, July 11, 2002 PUBLIC HEARING - Petition No. 400-02-06, by Utah Transit Authority/Union Pacific Railroad Co. requesting a text amendment to Table 21A.28.040, Table of Permitted and Conditional Uses for Manufacturing Districts: of the Salt Lake City Zoning Ordinance to allow a railroad freight terminal facility as a Conditional Use in the "M-1"zoning district. PUBLIC HEARING - Petition No. 400-02-07, by Utah Transit Authority/Union Pacific Railroad Co. requesting approval to rezone a 21.98 acre piece of property located at approximately 800 South, 5600 West from a General Commercial "C-G" zoning district to a Light Manufacturing "M-1"zoning district. PUBLIC HEARING - Petition No. 400-02-11, by Utah Transit Authority/Union Pacific Railroad Co. requesting approval to amend the Salt Lake City Transportation Master Plan by removing 4800 West, between 1300 South and 700 South as an arterial street and designating 4400 West, between the same two streets, as an arterial street. Also, an approximately 1,300 foot portion of the existing 4800 West Street is also requested to be closed as a public street, and declared surplus to facilitate that street property being combined into the railroad freight terminal site. Planning Commission Meeting 1 July 25,2002 PUBLIC HEARING - Case No. 410-528, by Utah Transit Authority/Union Pacific Railroad Co. requesting Conditional Use approval to develop a new inter-modal railroad freight _ terminal facility located at approximately 800 South 5600 West in a Light Manufacturing "M-1" zoning district. Motion for Petition 400-02-06 In regard to Petition 400-02-06, by UTA and Union Pacific requesting a text amendment to Table 21A.28.040 to allow a railroad freight terminal facility in the "M-1" zoning district, Jeff Jonas moved, based on the findings of fact and the testimony, that the Planning Commission forward a positive recommendation to the City Council to allow the text amendment for an additional conditional use to include a definition of a railroad freight terminal. Arla Funk seconded the motion. Ms. Arnold, Mr. Chambless, Ms. Funk, Mr. Jonas, Ms. McDonough, and Mr. Muir voted "Aye." Mr. Diamond and Ms. Noda were not present. Robert"Bip" Daniels, as chair, did not vote. The motion carried. Motion for Petition 400-02-07 In the matter of Petition 400-02-07, zoning amendment by UTA and Union Pacific Railroad requesting a 21.979-acre piece of property located at approximately 800 South and 5600 West from a "C-G" zoning district to an "M-1" zoning district, Jeff Jonas moved that, based on the findings of fact contained in the staff report and the testimony, the Planning Commission forward a positive recommendation to the City Council that the property be rezoned from C-G to M-1 subject to the requirements of all City departments, including approval by the Salt Lake City Airport/FFA and UDOT Prescott Muir seconded the motion. Ms. Arnold noted discrepancies between the staff report and the memorandum in defining the amount of acreage. Mr. McCandless explained that the staff report was prepared before the exact acreage was determined, and the 21.98 acres referenced in the memorandum is correct. Ms. Arnold, Mr. Chambless, Ms. Funk, Mr. Jonas, Ms. McDonough, and Mr. Muir voted "Aye." Mr. Diamond and Ms. Noda were not present. Robert"Bip" Daniels, as chair, did not vote. The motion carried. Findings of Fact- Petition 400-02-07 Planning Commission Meeting 2 July 25,2002 A. Although a land use master plan has not been adopted for this area, the proposed rezoning is consistent with other existing land uses in the area. The rezoning is consistent with the Airport Master Plan. B. The proposed amendment is harmonious with the overall character of existing development in the immediate vicinity of the subject property. C. The proposed amendment will not adversely affect adjacent properties. D. The proposed amendment is consistent with the provisions of the applicable overlay zoning district. E. Public Facilities are adequate to service the proposed facility provided approval by the Salt Lake International Airport, Public Utilities Division, Streets and Sanitation Division, FFA, and UDOT is obtained. Motion for Petition 400-02-11 In the matter of Petition 400-02-11, a request by UTA and the Union Pacific Railroad requesting approval to amend the Salt Lake City Transportation Master Plan by downgrading 4800 West between 1300 South and 700 South from an arterial street to a local street and designating 4400 West between the same two streets as an arterial street, and to declare as surplus • property an approximately 1,300-foot portion of the existing 4800 West Street to be closed as a public street, Mr. Jonas moved to forward a positive recommendation to the City Council based on the findings of fact contained in the staff report and testimony given that the Salt Lake City Transportation Master Plan be amended as follows: A. The future road connecting 4800 West to 4400 West should be added to the Major Street Plan. B. The street classification at 4400 West between 700 South and California Avenue be changed from a local to a collector or arterial street as determined by the Transportation Division. C. A new street connecting 4800 West and 5600 West at approximately 1100 South be added. This street will be a local from 4800 West to 5500 West and a collector from 5500 West to 5600 West. D. The street classification of 4800 West north of California Avenue be changed from an arterial to a local street. Mr. Jonas further moved that the Planning Commission forward a positive recommendation to the City Council to close and declare as surplus property the portion of 4800 West Street between 700 South and 900 South subject to: Planning Commission Meeting 3 July 25,2002 A. Meeting all department requirements and addressing the concerns of the Public Utilities Department. B. Union Pacific Railroad agreeing to allow future crossing of the spur line for the future road connecting 4800 West and 4400 West. With regard to 4800 West, Mr. Jonas moved that the Planning Commission forward a positive recommendation to amend the Transportation Master Plan as follows: A. Creation of a new cul-de-sac to City standards for the new terminus of 4800 West Street. B. Participation in construction of the road between 5500 West and 4800 West at 1100 South. C. Provide a "No Outlet" sign on 4800 West for northbound traffic just north of 1100 South. D. Construction and dedication of the proposed 1100 South Street between 5600 West and 5500 West and realigning the main access driveway to tie into the new street as a driveway, or Union Pacific Railroad entering into an agreement with the City to construct and dedicate the street and realign the driveway when it is needed in the future. With regard to 5600 West, Mr. Jonas moved that the Planning Commission forward a positive recommendation to amend the Transportation Master Plan as follows: A. Proposed improvements to 5600 West must be reviewed and approved by UDOT. B. Union Pacific Railroad and Salt Lake City shall jointly investigate improving the 700 South rail crossing at approximately 4900 West. Tim Chambless seconded the motion. Chair Daniels commented that he believed the State would be in a more likely position than the City to make improvements in that area. Mr. Wheelwright replied that, in meeting with UDOT officials, it was determined that the State and the City would participate in the 700 South rail crossing. He noted that the collector road between 4800 West and 4400 West is no longer being recommended because the parties have negotiated the construction between 5600 West and 4800 West at 1100 South. He suggested that the motion be modified to delete reference to the connector road between 4400 West and 4800 West and reference the collector road between 5600 West and 4800 West at 1100 South. Mr. Jonas accepted the modification suggested by Mr. Wheelwright as an amendment to his motion. Mr. Chambless accepted the amendment in his second. Ms. Arnold, Mr. Chambless, Ms. Funk, Mr. Jonas, Ms. McDonough, and Mr. Muir voted "Aye." Mr. Diamond and Ms. Noda were not present. Robert"Bip" Daniels, as chair, did not vote. The motion carried. Planning Commission Meeting 4 July 25,2002 Motion for Petition 410-528 In the matter of Petition 410-528, a request by UTA and Union Pacific Railroad for a Conditional Use approval to develop a new inter-modal railroad freight terminal facility located at approximately 800 South 5600 West in an "M-1" zoning district, Jeff Jonas moved to approve the Conditional Use based on the findings of fact in the staff report and the testimony heard subject to conditions A through K in the staff report plus Condition L, that assurances be made that all possible alternatives to diverting any emergency intermodal traffic onto the 900 South line will be used, and Condition M, that the City and Union Pacific Railroad should initiate a plan to relocate all long-haul trains away from downtown and residential areas and that Finding of Fact C in the staff report be modified to delete the words, "including the recommended improvements for the 700 South railroad grade crossing." Prescott Muir seconded the motion. Ms. Arnold, Mr. Chambless, Ms. Funk, Mr. Jonas, Ms. McDonough, and Mr. Muir voted "Aye." Mr. Diamond and Ms. Noda were not present. Robert"Bip" Daniels, as chair, did not vote. The motion carried. Findings of Fact- Case 410-528 A. Approval of the proposed facility should be conditioned upon adoption of the zoning ordinance text amendment. B. The proposed development is in harmony with the general purposes and intent of this Title and is compatible with and implements the planning goals and objectives of the City, including applicable City master plans. C. Streets or other means of access to the proposed development are suitable and adequate to carry anticipated traffic and will not materially degrade the services level on the adjacent streets provided UDOT approval is obtained and Transportation and Engineering Departmental concerns are addressed. D. The internal circulation system of the proposed development is properly designed. E. Existing utility services are adequate for the proposed facility and will not have an adverse impact on adjacent land uses or resources, provided departmental concerns can be addressed. F. At this location, no significant impacts from light, noise or visual impacts are anticipated. As this facility will operate 24 hours per day, a lighting plan should be provided to and approved by the Airport. G. Architecture and building materials are consistent with the development and compatible with other existing structures in the area. Planning Commission Meeting 5 July 25,2002 H. A landscaping plan will need to be provided and approved by the Planning Director. I. The proposed development preserves historical, architectural and environmental features of the property. J. Operating and delivery hours are compatible with adjacent land uses. K. The proposed conditional use is compatible with the neighborhood surrounding the proposed development and will not have a material net cumulative adverse impact on the neighborhood or the City as a whole. L. The proposed development must meet all applicable City, County, State and Federal codes and ordinances. M. The 900 South Railroad issues are not related to this project. N. Future commuter rail and light rail transit opportunities will come if these freight facilities are allowed to be relocated. O. Mitigation of the railroad impacts to 700 South Street is necessary. P. This is the best site for this facility. Conditions of Approval - Case 410-528 A. Adoption of the proposed zoning text amendment to allow a rail freight terminal in the "M-1" zoning district. B. Designing the automobile parking and rail freight container storage areas to minimize the potential "heat island" effect. C. Minimizing the need for on-site storm water detention acceptable to the Airport Authority and Public Utilities Departments. D. Subdivision approval including construction agreements on roadways and utilities. E. Obtaining a letter from the Army Corps of Engineering/verification that any wetlands will not be disturbed or will be mitigated. F. Airport approval of a lighting plan. G. A landscaping plan be submitted and approved by the Planning Director. H. Meeting all applicable City, State and Federal requirements. I. Dedication of property along 5600 West sufficient for a 150'wide right-of-way and dedication of the property frontage on 700 South to 84 feet as required by the Transportation Division. Dedication of street right-of-way for the 5500 West/1000 South Street connections, or UPRR entering into an agreement with the City to construct and dedicate the street and realign the driveway when it is needed in the future. J. The property owners signing an Avigation Easement. K. Implementation of the recommendations in the Transportation Impact Study. Planning Commission Meeting 6 July 25,2002 L. Assurances be made that all possible alternatives to diverting any emergency intermodal traffic onto the 900 South line be used. M. The City and Union Pacific Railroad should initiate a plan to relocate all long-haul trains away from downtown and residential areas. The meeting adjourned at 7:00 p.m. Planning Commission Meeting 7 July 25,2002 upuaceu ULuivai1Ce per Planning Commission Meeting on Thursday, July 25, 2002 SALT LAKE CITY ORDINANCE No. of 2002 (Amending the Salt Lake City Transportation Master Plan and Closing and Abandoning a Portion of 4800 West Street) AN ORDINANCE AMENDING THE SALT LAKE CITY TRANSPORTATION MASTER PLAN AND CLOSING AND ABANDONING A PORTION OF 4800 WEST STREET, PURSUANT TO PETITION NO. 400-02-11. WHEREAS, the City Council of Salt Lake City, Utah, has held hearings before its own body and before the Planning Commission as required by Section 10-9-303 of the U.C.A.; and WHEREAS, the City Council finds that it is appropriate under Section 10-9-301, et seq., U.C.A., and in the best interest of the City to amend the Salt Lake City Transportation Master Plan as set forth herein; and WHEREAS, the City Council finds after public hearings that the City's interest in the portion of the street described below is not necessary for use by the public as a street and the closure and abandonment of this portion of the street will not be adverse to the general public's interest; and WHEREAS, the title to the closed and abandoned portion of the street shall remain with the City until sale for fair market value, or the receipt of equivalent value, in accordance with Salt Lake City Code Chapter 2.58; NOW, THEREFORE,be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. The Salt Lake City Transportation Master Plan shall be and hereby is amended as follows: a. The street classification of 4400 West, between 700 South and California Avenue, should be changed from a local to a collector or arterial street as determined by the transportation division. b. A new street connecting 4800 West and 5600 West at approximately 1100 South should be added. This street will be a local from 4800 West to 5500 West and a collector from 5500 West to 5600 West. c. The street classification of 4800 West North of California Avenue should be changed from an arterial to a local street. SECTION 2. A portion of 4800 West street, located between 700 and 900 South, which is more particularly described on Exhibit "A" attached hereto, shall be and the same hereby is, closed and abandoned and declared to be no longer needed or available for use as a street, subject to the execution of a development agreement, in a form satisfactory to the City Attorney's Office, which addresses each of the following conditions: a. The applicants (Union Pacific Railroad and the Utah Transit Authority) must agree to meet all City departmental requirements and to address the concerns of the City's Public Utility Department. b. Union Pacific Railroad must agree to allow a future crossing of the spur line for the future road connecting 4400 West to 4800 West. c. The applicants must agree to dedicate and construct a cul-de-sac, consistent with all applicable City standards, for the new terminus of 4800 West street. 2 d. The applicants must agree to pay the future construction costs of one half of the road from 4800 West to 5500 West at 1100 South when the road is needed due to future development. e. The applicants must provide and install a"no outlet" sign on 4800 West for northbound traffic just North of 1100 South. f. The applicants must agree to construct and dedicate the proposed 1000 South street between 5500 West and 5600 West to the City and to realign the main access driveway from their project to tie into the new street. g. Any proposed improvements to 5600 West must be reviewed and approved by the Utah Department of Transportation. h. Union Pacific Railroad must agree to jointly investigate with the City methods to improve the 700 South rail crossing at approximately 4900 West, including consideration of widening the roadway to the full future width(84 feet), correcting the vertical curve designed to improve site distances, and upgrading the railroad crossing gates and barriers. i. The applicants must make payment to the City for the fair market value of the closed and abandoned portion of the street, or its equivalent, in accordance with Salt Lake City Code Chapter 2.58. SECTION 3. Effective Date. This ordinance shall become effective on the date of its first publication and shall be recorded with the Salt Lake County Recorder. The City Recorder is instructed not to publish or record this ordinance until the conditions identified above have been met, as certified by the Salt Lake City Planning Director and the Salt Lake City Property Manager. 3 SECTION 4. Time. If the conditions identified above have not been met within 12 months after the adoption of this ordinance, this ordinance shall become null and void. The City Council may, for good cause shown, by resolution, extend the time period for satisfying these conditions. Passed by the City Council of Salt Lake City, Utah, this day of , 2002. CHAIRPERSON ATTEST AND COUNTERSIGN: CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR CHIEF DEPUTY CITY RECORDER Cs_... 7- ZG-oZ By' y_- (SEAL) Bill No. of 2002. Published: G:\Ordinance 02\Amending SLC Trans Master Plan-July 26,2002.doc 4 Monday,July 29,2002 City Council Agenda Paperwork has already been received for the items pertaining to the petitions by the Utah Transit Authority and Union Pacific Railroad Co., related to locating an Intermodal Freight Loading Facility in an area zoned M-1, including: a. a text amendment to Table 21A.28.040, Table of Permitted and Conditional Uses for Manufacturing Districts: of the Salt Lake City Zoning Ordinance to allow a railroad freight terminal facility in the "M-1 " zoning district, b. rezoning of a 21.979 acre piece of property located at approximately 800 South, 5600 West from a General Commercial "GC" zoning district to a Light Manufacturing "M-1 " zoning district, and c. amending the Salt Lake City Transportation Master Plan by removing 4800 West, between 1300 South and 700 South as an arterial street and designating 4400 West, between the same two streets, as an arterial street. Also to close a 1200 foot portion of 4800 West.