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Council Provided Information - 5/17/2022CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM:Brian Fullmer Policy Analyst DATE:May 17, 2022 RE: Dowland Rezone and Master Plan Amendment (1902 South 400 East) PLNPCM2021-00717/00718 PUBLIC HEARING UPDATE Three people spoke at the May 3, 2022 public hearing in opposition to the proposal. Concerns cited were neighborhood impacts related to increased density, and potential dwelling units would not be affordable. The Council closed the hearing and deferred action to a future Council meeting. The following information was provided for the May 3, 2022 public hearing. It is provided again for background purposes. BRIEFING UPDATE At the April 19, 2022 briefing, a Council Member asked about a possible natural spring on the property a constituent brought to his attention. Planning staff stated it is not relevant for rezoning a parcel but is raised during the permitting process. Geotechnical reports are reviewed at that time. Impact a spring would have on development and ways to address it would be considered at that point. Planning staff will follow up with Public Utilities about City ordinances and processes for handling these natural features. The applicant spoke saying he encountered springs with previous projects and stated culverts and other means have been used to mitigate impact. The following information was provided for the April 19, 2022 Council briefing. It is provided again for background purposes. Item Schedule: Briefing: April 19, 2022 Set Date: April 19, 2022 Public Hearing: May 3, 2022 Potential Action: May 17, 2022 Page | 2 The Council will be briefed about a proposal to amend the master plan and zoning map for property located at 1902 South 400 East in City Council District Five. The property is currently zoned R-1/5,000 (Residential) and the requested zoning designation is RMF-35 (Moderate Density Multi-Family Residential). The Central Community Master Plan future land use map designates this property Low Density residential (1-5 dwelling units per acre). The requested designation is Medium Density Residential (15-30 dwelling units per acre). A historic structure, the Septimus and Isabella Sears residence, was previously located on the subject property. Unfortunately, the building suffered catastrophic damage during the March 2020 earthquake and was subsequently demolished. The .33-acre property is currently vacant. Requested master plan and zoning map amendments are to facilitate a proposed development of four townhomes. The applicant originally requested RMF-45 zoning, but after Planning staff recommended the Planning Commission forward a negative recommendation to the Council, and the Planning Commission reviewed the proposal at its November 10, 2021 meeting, the applicant stated they would be amenable to changing the requested zoning to RMF-35. The Planning Commission voted to table the application so the applicant could work with Planning staff to revise the requested zoning designation. Townhomes are not allowed in the R-1/5,000 zoning district but are within the RMF-35 and RMF-45 districts. The applicant worked with Planning staff to revise their request to change the zoning designation to RMF- 35. The original proposed development was for eight townhomes but has been changed to include four townhomes. It should be noted the Council is only being asked to consider rezoning the property. No development plan has been submitted to the City nor is it within the scope of the Council’s authority to review the plans. Because zoning of a property can outlast the life of a building, any rezoning application should be considered on the merits of changing the zoning of that property, not simply based on a potential project. The Planning Commission reviewed the revised proposal at its February 9, 2022 meeting, held a public hearing, and followed Planning staff’s recommendation, voting unanimously to forward a positive recommendation to the City Council for both the zoning map and master plan amendments. Page | 3 Area zoning map with subject property outlined in red Goal of the briefing: Review the proposed zoning and future land use map amendments, determine if the Council supports moving forward with the proposal. POLICY QUESTIONS 1. The Council may wish to ask the Planning Division if there are other, potentially more compatible zoning designations would allow the proposed townhome development. 2. The Council may wish to ask if the applicant is considering any affordability considerations in the additional units. 3. The Council may wish to discuss with the Administration how the pending affordable housing overlay would have related to this request, to inform future discussions on that proposal. ADDITIONAL INFORMATION Planning staff identified one key consideration related to the proposal which is found on pages 3-4 of the Planning Commission staff report and summarized below. For the complete analysis, please see the staff report. Consideration 1-Existing City Plan Guidance – Central Community Master Plan The subject property is within the Central Community Master Plan’s Liberty neighborhood planning area (900 South to 2100 South, and State Street to 700 East). The Plan states single-family detached residential is the most common use in this area. Preservation of low-density neighborhoods and ensuring new developments are compatible with existing scale, character and density of the surrounding neighborhoods is outlined in the Plan. The Plan also states projects not in keeping with the scale, character and density should not be allowed. It is Planning staff’s opinion the proposed zoning change to RMF-35 is appropriate for the neighborhood. The subject parcel is across the street from St. Joseph’s Villa rehabilitation center, which is split-zoned RMF-35 and I (Institutional), as shown in the area zoning map above. The Central Community Master Plan future land use map shows the subject parcel is intended to be Low- Density Residential (1-5 dwelling units per acre), which is not consistent with the proposed zoning map Page | 4 amendment. The applicant requested a master plan amendment to the Central Community Future Land Use Map to Medium-Density Residential (15-30 dwelling units per acre). This change would align with the proposed zoning map change to RMF-35. In addition to the consideration above, Planning staff reviewed the proposed amendments for compliance with citywide plans Growing Salt Lake, and Plan Salt Lake. Planning found the proposed map amendments meet goals outlined in these plans. Please see Attachment D (page 15 of the Planning Commission staff report) for the full discussion. R-1/5,000 and RMF-35 ZONING COMPARISON The following comparison of R-1/5,000 and RMF-35 zoning designations are included in Attachment C (pages 13-14) of the Planning Commission staff report. They are included below for convenience. The table below shows uses not allowed in the R-1/5,000 zoning district but are permitted or conditional uses within the proposed RMF-35 zoning district. New Permitted Uses New Conditional Uses Assisted Living Facility (Small)Community Recreation Center Multi-family Dwelling Assisted Living Facility (Large) Dwelling, Single-family Attached Congregate Care Facility (Large) Dwelling, Twin Home and Two-family Group Home (Large) Dwelling, Residential Support (Small) Change from Permitted Use to Not Allowed Change from Conditional Use to Not Allowed None None Changing from Permitted to Conditional Use Changing from Conditional Use to Permitted None Community Garden Accessory Dwelling Units Assisted Living Facility (Limited Capacity) Congregate Care Facility (Small) Development Standards The following table compares some development standards of the R-1/5,000 and RMF-35 zoning designations. Existing R-1/5,000 Proposed RMF-35 Building Height 28 feet for pitched roofs and 20 feet for flat roofs 35 feet Front Setback Equal to average of the front yards of existing buildings on block face or minimum 20 feet 20 feet Page | 5 Corner Side Yard Setback 10 feet 10 feet Interior Side Yard Setback, corner lot 4 feet Single-family detached and Two-family dwellings: 4 feet Interior Side Yard Setback, interior lot 4 feet on one side and 10 feet on the other side Single-family detached and two- family dwellings: 4 feet on one side and 10 feet on the other side Single-family attached: none required Twin family: none on one side and 10 feet on the other side Multi-family and all other: 10 feet Rear Setback 25% of lot depth or 20 feet, whichever is less. 25% of lot depth or 20 feet, whichever is less and not to exceed 25 feet Maximum Building Coverage 40%Single-family detached: 45% Two-family dwellings: 50% Single-family attached: 60% Twin-family: 50% Multi-family: 60% Non-residential: 60% Maximum Lot Size 7,500 square feet None listed ANALYSIS OF STANDARDS Attachment E (pages 16-17) of the Planning Commission staff report outlines master plan and zoning map amendment standards that should be considered as the Council reviews this proposal. The standards and findings are summarized below. Please see the Planning Commission staff report for additional information. Factor Finding Whether a proposed map amendment is consistent with the purposes, goals, objectives, and policies of the city as stated through its various adopted planning documents. Complies Whether a proposed map amendment furthers the specific purpose statements of the zoning ordinance. Complies The extent to which a proposed map amendment will affect adjacent properties Complies Whether a proposed map amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards. Not Applicable The adequacy of public facilities and services intended to serve the subject property, including, but not limited to, roadways, parks and recreational facilities, police and fire protection, schools, stormwater drainage systems, water supplies, and wastewater and refuse collection. Complies Page | 6 PROJECT CHRONOLOGY • July 9, 2021-Application submitted. • August 3, 2021-Petition assigned to Caitlyn Tubbs, Principal Planner. • August 30, 2021-Notification sent to the Liberty Wells Community Council and surrounding neighbors and property owners. • September 8, 2021-Applicant and staff met with Liberty Wells Community Council. • October 15, 2021-Public input period closed. • October 29, 2021-Sign posted on subject property. Public hearing notice sent out and posted to City website. • November 10, 2021-Planning Commission held a public hearing and tabled the requests. • January 27, 2022- Sign posted on subject property. Public hearing notice sent out and posted to City website. • February 9, 2022-Planning Commission held a public hearing and forwarded a positive recommendation to the City Council. • March 3, 2022-Sent to Attorney’s Office. • March 16, 2022-Planning Division received ordinance from Attorney’s Office. • March 29, 2022-Transmittal received by City Council Office.