PLANNING COMMISSION STAFF REPORT MEETING DATE: APPLICANT: ADDRESS: REQUEST: ZONE: PREPARED BY: FILE NUMBER:

5 September 2013 Bear-All LLC – Alan Cohen 36 East 3750 South Conditional Use Permit for a Commercial Parking Lot Commercial Business Francis Xavier Lilly, AICP, Deputy Director C-13-026

SYNOPSIS: On 20 August 2013, Alan Cohen filed an application on behalf of Bear-All LLC for a conditional use permit to construct and operate a commercial parking lot at 36 East 3750 South. The parking lot will serve employees at Select Portfolio Servicing, a mortgageservicing company with a rapidly-growing staff located at 92 West 2900 South. This application falls under the requirements for conditional use permits as found in §17.09 of the South Salt Lake City Municipal Code. Section 17.07.040 of the code establishes the Planning Commission as the Land Use Authority over conditional uses requiring design review of a new site plan on land within or adjacent to single-family residential, multifamily residential, mixed use, or TOD districts. SUMMARY:  The proposed parking lot will serve a fast-growing employer in South Salt Lake. The parking lot will be secured through a multi-year lease.  The proposed parking lot is in substantial compliance with the city’s requirements for parking lot design and landscaping.  Staff is concerned about pedestrian safety, both on the parking lot and in crossing Main Street. The applicant can work with Public Works and the Police Department to resolve the concerns.  Staff recommends enhanced landscaping to screen vehicles parking along the public rights-of-way up to 3 feet from the ground plane.  The existing property was subdivided last year, by an action approved by the planning commission in October 2011. STAFF RECOMMENDATION: Staff recommends approval of a conditional use permit to construct a commercial parking lot located at 36 East 3750 South, with the following conditions: 1. The applicant will work with the Public Works department to enhance pedestrian safety at the Main Street crossing. 2. The applicant will participate in a CPTED review of the site plan prior to being issued a building permit.

3. The applicant will work with staff on the provision of appropriate landscaping to screen cars visible from 3750 South and Main Street up to 3 feet from the ground plane. 4. The applicant will comply with Public Works requirements for storm water management on the site. 5. The applicant will comply with the requirements of the Mount Olympus Improvement District for landscape irrigation. 6. The applicant will submit a parking lot plan in accordance with the parking ordinance, including a lighting plan that provides dark-sky compliant lighting for the lot. 7. Signs are not approved with the Conditional Use Permit. Any signage will require a separate sign permit to be issued by the Community Development Department. 8. The applicant will obtain a building permit and submit to reviews by the South Salt Lake Building Official, the South Salt Lake Fire Marshal, and the South Salt Lake Public Works Inspector. 9. All items of the staff report.

PLANNING COMMISSION STAFF REPORT General Information: Location: 36 East 3750 South Size: The affected parcel is 1.6 acres Surrounding Zoning and Land Uses: North: Commercial Corridor and Commercial Business / Auto and Boat Sales South: Commercial Corridor and Commercial Business / Church and Retail Sales East: Commercial Corridor / Miscellaneous Retail West: Mixed Use / Harmony Park Proposed Use: The applicant proposes to operate a commercial parking lot that will be leased long-term to Select Portfolio Servicing located at 92 West 3900 South. Commercial parking lots are conditional uses in the commercial general zone. Because the property is adjacent to a transit-oriented development district, the Planning Commission is the land use authority for this conditional use permit. Access: The applicant proposes to use the existing 30-foot drive approach on Main Street. The drive approach accommodates an existing access easement benefiting the commercial strip mall to the east. The applicant proposes a design that does not encumber the easement. The drive approach meets the minimum standards required by the pending parking ordinance. Pedestrian Safety: There is one pedestrian crossing at the northwest corner of the parking lot, at Main Street and Plymouth Avenue. Users of the lot will cross Main Street to access the buildings to the south of Harmony Park. The nearest employee entrance appears to be 600 feet away from the property. Staff is concerned about pedestrian safety across Main Street. Staff recommends that the applicant meet with Public Works to discuss a solution to increase the safety of pedestrians crossing Main Street to access the parking lot. Concerns about general safety in parking lots can be addressed through a discussion of crime prevention through environmental design with the South Salt Lake Police Department. Staff requests that the applicant participate in a CPTED review of the site with the South Salt Lake Police Department prior to being issued a building permit. Landscaping: The landscape ordinance, §17.25 of the South Salt Lake Municipal Code, places the following requirements on parking lots:   

At least 5 percent of the lot interior must be landscaped. Landscaping areas shall be a minimum of 120 square feet and 3 feet in width. Shade trees shall be provided at one tree per seven parking spaces.

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Perimeter landscaping of at least 7 feet is required where the parking lot is located within 20 feet of a property line.

In addition, the tree requirements for commercial uses apply: 1 per 2,000 square feet of landscaped area, and one tree per 30 feet of frontage along a street. The applicant proposes 15 additional trees along the perimeter. Perimeter landscaping is in excess of what is required. The applicant submitted a proposal that is amply landscaped: their interior landscaping exceeds the minimum required, and the plan includes 24 interior trees. Since this project is adjacent to a park and close to residential and transit uses, the enhanced landscaping is justified and should be required. Staff requests that the applicant submit a detailed landscape plan, including a hedge or some other landscaping element to screen cars visible from 3750 South and Main Street up to 3 feet from the ground plane. Parking Lot Design: Parking lot design is subject to the pending parking ordinance, approved by the Planning Commission in February, 2013. Design criteria are found in §17.27.040 of the ordinance. The applicant will be required to submit a lighting plan that meets the standards for parking area lighting. Light fixtures will need to be dark skycompliant. Fire and Public Works: The Fire Marshal and Public Works Inspector conducted an initial review of the proposal in a series of predevelopment consultations with the applicant. The existing drive approach is sufficient to allow emergency vehicle access onto the site. Final approval of the parking lot plan will be subject to review by the Public Works Department. The applicant will be required to meet all storm water and pedestrian safety requirements. Irrigation required for the landscaping will be subject to review by the Mount Olympus Improvement District. Signage: Signage is not anticipated for this project. If required, a separate sign permit shall be issued by the Community Development Department. Requirements: 17.09 Conditional Uses 17.09.010 Purpose. A. Conditional uses are land uses which, due to their unique characteristics or potential impact upon the municipality, surrounding neighbors or adjacent land uses, may be compatible only if certain conditions are imposed to mitigate the reasonably anticipated detrimental effects of the proposed use. B. Conditional uses may be allowed, allowed with conditions, or denied based upon an analysis of the proposed use's location, design, configuration and special impact. 17.09.050 Review of application.

A. The land use authority shall review the application and materials to determine if the applicant has complied with the review standards and whether reasonably anticipated impacts and detrimental effects have been addressed. B. Additional studies or analysis may be required by the land use authority in order to determine, assess or mitigate potential detrimental impacts or effects which are identified in Section 17.09.060 C. If reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with review standards, then the conditional use shall be approved by the land use authority. D. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied. 17.09.060 Review standards. The land use authority shall require each conditional use applicant to address the following standards, where appropriate: A. Zoning Ordinance Compliance. The proposed conditional use shall be consistent with small area master plans, general plan and future land use map applicable to the site where the conditional use will be located. B. Use Compatibility. Reasonable conditions may be imposed to ensure optimal compatibility with the character of the site, adjacent properties, and existing development within the vicinity of the proposed site. In determining compatibility, the land use authority considers: 1. Whether access to the site can be achieved without materially degrading the service level on any streets which would serve for access; 2. Whether the proposed use would create unusual pedestrian or traffic patterns or volumes that would not be expected with a permitted use in that location, taking into consideration the orientation of streets and driveways, parking areas and sizes, hours of peak traffic, and the hours of operation at the proposed site; 3. Whether utility and public services will be adequate to support the proposed use at normal service levels without adverse impacts on adjacent uses or resources; and 4. Whether buffering or other mitigation measures will be provided to protect adjacent lands from unlawful or excessive noise, light, odor or visual impact, or from other unusual disturbances from deliveries, mechanical equipment or trash collection. C. Design Compatibility. The proposed conditional use shall be compatible with the character of the area where the use will be located, and the land use authority may impose reasonable conditions that address reasonably anticipated detrimental effects related to: 1. Size, configuration and location of the site and the proposed site plan layout; 2. Proposed site ingress and egress to existing and proposed roads and streets;

3. The adequacy, provision, relocation, or protection of public facilities and amenities, including roads and streets, culinary water, secondary water, sanitary sewer, storm drainage, flood protection, public safety and fire protection, and other utilities; 4. Design, location and amount of off-street parking, loading areas and solid waste disposal and collection areas; 5. Site circulation patterns for vehicular, pedestrian or other traffic; 6. Mass, size, number, location, design, exterior features, materials, and colors of buildings, structures and other facilities; 7. The location and design of all site features, including proposed signage, lighting and refuse collection; 8. The provision of useable open space, public features, and recreational amenities; 9. Fencing, screening and landscape treatments, including those required by the landscape requirements of this code at Chapter 17.25 for conditional uses, and other features designed to increase the attractiveness and safety of the site and protect adjoining property owners from noise, visual, and other impacts; 10. Measures directed at minimizing or eliminating possible nuisance factors such as noise, vibrations, smoke, dust, dirt, debris, plant materials, odors, gases, noxious matter, heat, glare, hazardous waste, electromagnetic disturbances, and radiation; 11. Measures designed to protect the natural features of the site including wetlands and drainage ways, ground water protection, soils, wildlife and plant life; 12. The regulation of operating hours for activities affecting normal schedules and functions; 13. Identifying a time for regular review and monitoring, as determined necessary, to ensure the use continues to operate in compliance with all conditions and requirements of approval; 14. Measures to ensure compliance with all conditions and requirements of approval, such as bonds, letters of credit or restrictive covenants; 15. Any other condition necessary for the proposed use to be conducted in compliance with local, state and federal law. 17.25.020 – Landscape Requirements G. Landscape Requirements for Parking Lots. 1. Intent. Landscaping is required for parking lots in order to break up large expanses of pavement, to provide relief from reflected glare and heat, to guide vehicular and pedestrian traffic, and to efficiently and sustainably retain storm water. 2. Applicability. All hard surfaced parking lots, including those for vehicle sales, with fourteen (14) or more parking spaces shall provide landscaping in accordance with the provisions of this section. Smaller parking lots shall not be required to provide landscaping other than landscaping required for park strips, buffers, and front yards. 3. Parking Lot Landscaping Standards. i. General Requirements. 1. Site Plan Required. 2. All landscaping shall meet clear view requirements.

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3. Landscaped areas shall be protected by concrete vertical curbs. Curbs shall be designed to allow storm water to enter the landscaped area. Where such curbs serve as a wheel stop for parking spaces, not less than thirty-six (36) inches shall be provided in the planting area as overhang clearance for tree locations. 4. Pedestrian paths in parking lots, with the exception of crosswalks, shall be bordered by landscaped park strips with a minimum width of three feet, in accordance with the commercial or industrial park strip standards of this chapter. Interior Landscaping. 1. Area. Not less than five percent of the interior of a parking lot shall be devoted to landscaping. 2. Interior Landscaping Design Standards. a. Interior parking lot landscaping areas shall be dispersed throughout the parking lot. b. Interior parking lot landscaping areas shall be a minimum of one hundred twenty (120) square feet in area and shall be a minimum of three feet in width, as measured from back of curb to back of curb c. Shade trees shall be provided at no less than one tree per seven parking spaces. Tree wells shall be a minimum of five feet in radius measured from the center of the tree trunk. Ornamental trees, shrubbery, hedges, and other plants may be used to supplement shade trees, but shall not be the sole contribution to such landscaping. 3. Perimeter Landscaping. Where a parking lot is located within a required yard area or within twenty (20) feet of a lot line, perimeter landscaping shall be required along the perimeter of the parking lot. Perimeter landscaping must be at least seven feet in width, as measured from the back of the parking lot curb.

I. Landscape Standards for Specific Uses 2. Design Standards i. Commercial, Professional Office, and Institutional Uses a. Landscaped Areas. Landscaped areas shall comprise not less than fifteen (15) percent of a commercial or professional office site. Landscape requirements for buffers, parking lots, park strips, and additional landscaping along urban corridor streets as required in this chapter may be included as part of the overall site requirement. Landscaping shall be used to screen ground level utility equipment from view of streets, sidewalks, or walkways to the greatest extent possible. b. Plant Coverage. All required landscaped areas shall be landscaped with suitable trees, shrubs, groundcovers, perennials, vegetable plants, other landscaping materials, and/or decorative paving. Plants, not including tree canopies, shall cover at least fifty (50) percent of required landscaped areas. c. Site Trees. A minimum of one tree per two thousand (2,000) square feet of landscaped area is required, in addition to requirements for yards,

setbacks, park strips, required buffers, and parking lot areas described in this chapter. For properties with more than sixty (60) feet of frontage and where street trees are not appropriate in park strips, street trees shall be placed in the front setback at an interval of thirty (30) feet. d. Water features, landscape boulders, decorative rocks, gravel, and organic mulch are permitted but shall not be considered a substitute for plants. Landscape boulders shall only be allowed as a focal feature or may be used as a protective device from vehicle traffic. e. If ornamental gravel is utilized, it must be contained within durable borders and arranged in a decorative pattern that incorporates varying sizes, types, or colors of gravel. Parking Standards – Pending Ordinance 17.27 17.27.040. Parking Lot Design Criteria. A. Parking Plans. Parking Development Plans for any proposed parking area or facility shall be submitted to the Land Use Authority at the time of application for design review or building permit approval. For parking lot areas which are not associated with new building construction or redevelopment, the property owner or agent shall submit a Parking Development Plan to the City for review and approval. Work shall not commence on parking lot improvements until the City has approved such improvements and issued a permit. The plan shall indicate the following proposed improvements with accurate measurements, including, but not limited to: 1. Parcel size and dimensions 2. Building layout 3. Curb cuts for ingress and egress 4. Parking dimensions and configuration 5. Landscaping as required in 17.25 and other relevant sections 6. Lighting 7. Drainage calculations and facilities for on-site detention and introduction into the storm sewer 8. Traffic or parking study if requested by the City or other government agency 9. Any necessary agreements with adjacent property owners for shared parking, ingress and egress, drainage or utilities 10. Prior approvals from other government agencies which require approval for ingress or egress B. Parking Area Surfacing. Every parcel of land used for a vehicle parking area or facility in a commercial or light industrial land use district shall be paved with impervious asphalt or concrete surfacing. 1. Exceptions. The City Engineer or designee may review and approve proposals for alternative paving materials. Alternative paving materials, when installed according to manufacturer’s specifications, shall provide suitable, all-weather, load-bearing surface to support passenger cars and light-duty trucks. Alternative paving surfaces shall be equal to or better than traditional forms of hard surfacing materials in terms of public safety, performance, strength quality and durability. Alternative

paving surfaces for driveways or parking lots serving large commercial vehicles or fire trucks must be designed to accommodate increased vehicle weights. Alternative paving materials over City easements will not be repaired or maintained by the City. 2. The City may approve such alternative paving materials to achieve aesthetic and environmental objectives, such as appearance, increased water percolation, reduced runoff, reduced glare, and reduced parking lot heat islands. Such materials may be approved upon finding that the alternative paving will provide public aesthetic and environmental benefits. C. Parking Area Lighting. Plans shall include a lighting plan showing the following item when a site is redeveloped or lighting is added to an existing parking area: 1. Location and description of each outdoor lighting fixture, aiming angle and mounting heights. 2. Description of the outdoor light fixture including specifications of lamp optics and cutoff angles. 3. A schedule providing for the reduction of on-site lighting during the hours when the facility is not in operation while still providing for levels necessary for security purposes. 4. All new and replacement lighting shall have directional shields or control devices to reflect light trespass away from adjacent uses and roadways. 5. To control light trespass onto adjacent properties or streets, the maximum vertical illumination, when measured at the property line at a height of five feet and facing the light fixture(s), shall be no greater than 0.5 vertical footcandles. 6. All parking lot lighting shall use a down lit fixture in order to encourage the practice of “dark sky” friendly practices.

D. Curb. The perimeter of all paved surfaces shall be finished with a six (6) inch high curbing with handicap ramps where necessary. Bumper curbs shall be installed where appropriate to keep property and vehicles from being damaged and to prevent vehicles from over-hanging sidewalks. Where such curbs serve as a wheel stop for parking spaces, not less than thirty six inches (36”) shall be provided in the planting

area as overhang clearance for tree locations. Curbs shall be designed to allow storm water to enter landscaped areas.

E. Landscaping. Parking lot landscaping shall meet the requirements as found in 17.25. F. Drainage. Parking lots shall be graded and drained to detain and dispose of all surface water as required by the City. The introduction of storm water into the storm sewer system shall meet minimum retention requirements as approved by the City. G. Reciprocal Access. Reciprocal access shall be designed into commercial development when it is practical to do so. Some cases may exist where grading differences or building locations make reciprocal access between developments impractical H. Parking for Development Phases. When a development is built in phases, each phase shall include the minimum number of parking stalls, necessary driveways, and access points required for the uses proposed in that phase of construction unless otherwise approved by the Land Use Authority. I. Parking Consolidation. Parking facilities need not be located in one consolidated area of a particular site but may be separated by landscaping or building elements for reasonable safe pedestrian access to the building. However, all parking shall be

located conveniently to the entrances to all buildings. J. Parking Area Location. Location of parking shall be determined not only from its visual relationship to a building and site but also to promote safe and convenient pedestrian and vehicular circulation patterns. Location may also be determined by the arrangement of customer parking, employee parking, service area parking and circulation patterns on adjoining properties. Combined entrances, access, circulation, service, loading, and parking areas may be required. In addition, parking areas and facilities may be determined by land use and design standards as found in 17.15 and 17.23. K. Nonconforming Driveways. Existing, nonconforming driveways and parking lots shall be reconstructed or removed upon development of a new building or other substantial site improvement as described in 17.27.020 (b). L. Parking Lot Screening and Buffering. See standards as found in 17.25.020 and 17.21. M. Sight Obstructions. No object shall be situated to interfere with the required sight distance of intersections as determined by the City Engineer or designee using standards as found in the American Association of State Highway and Transportation Officials (A.A.S.H.T.O.) Guidebook.

Staff Analysis Staff finds that this application meets the minimum landscaping and parking lot standards in South Salt Lake City. Staff is concerned about providing safe pedestrian crossings across Main Street, pedestrian safety in the lot, the provision of landscaping the partially screens cars along public rights-of-way, and parking lot lighting. These concerns can be addressed in the site plan review. Staff Recommendation Staff recommends approval of a conditional use permit to construct a commercial parking lot located at 36 East 3750 South, with the following conditions: 1. The applicant will work with the Public Works department to enhance pedestrian safety at the Main Street crossing. 2. The applicant will participate in a CPTED review of the site plan prior to being issued a building permit. 3. The applicant will work with staff on the provision of appropriate landscaping to screen cars visible from 3750 South and Main Street up to 3 feet from the ground plane. 4. The applicant will comply with Public Works requirements for storm water management on the site. 5. The applicant will comply with the requirements of the Mount Olympus Improvement District for landscape irrigation.

6. The applicant will submit a parking lot plan in accordance with the parking ordinance, including a lighting plan that provides dark-sky compliant lighting for the lot. 7. Signs are not approved with the Conditional Use Permit. Any signage will require a separate sign permit to be issued by the Community Development Department. 8. The applicant will obtain a building permit and submit to reviews by the South Salt Lake Building Official, the South Salt Lake Fire Marshal, and the South Salt Lake Public Works Inspector. 9. All items of the staff report.

Attachments: 1. Aerial Photo 2. Applicant Letter 3. Conceptual Site Plan