Loading...
Council Provided Information - 11/22/2022CITY 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:November 22, 2022 RE: 856 West 1300 South Zoning Map Amendment PLNPCM2022-00009 PUBLIC HEARING UPDATE No one spoke at the public hearing for this item. One caller was unable to connect. Council staff reached out to this person but has not received a response as of the date this report was submitted. The Council closed the public hearing and deferred action to a future Council meeting. The City Attorney’s Office updated the ordinance for this proposal to include a requirement that the petitioner enter a development agreement with the City that includes conditions listed below in the briefing update. The following information was provided for the November 10, 2022 public hearing. It is provided again for background purposes. BRIEFING UPDATE At the October 10, 2022 briefing, Council Members were generally supportive of the proposed zoning map amendment. Questions were raised about unit configuration and anticipated price, and how the height compares to existing single-story homes in the area. The petitioner contacted Council staff stating their intent is to construct two buildings with three for sale dwelling units of two- to three-bedrooms each. Pricing is anticipated to be in the mid-$400,000 range, but fluctuating market conditions could alter the price by the time construction is complete. In response to a Council Member concern about the area’s high water table, the petitioner stated the proposed buildings would be constructed on-grade, without basements. Item Schedule: Briefing: October 11, 2022 Set Date: October 18, 2022 Public Hearing: November 10, 2022 Potential Action: November 22, 2022 Page | 2 To address on-street parking concerns, the petitioner proposed a development agreement requiring at least one parking space per unit. Other development agreement conditions they proposed include: •Limiting development to residential use •Compliance with FB-UN1 design guidelines •Limit to 2.5 stories and 30 feet (currently height is limited to 28 feet for a pitched roof, and 20 feet for flat roofs) •Limit lot coverage to 60% which exists in the current R-1/5,000 zoning •All dwelling units will have a minimum of three bedrooms The following information was provided for the October 11, 2022 Council briefing. It is provided again for background purposes. The Council will be briefed about a proposal to amend the zoning map for property located at 856 West 1300 South in City Council District Two from its current R-1/5,000 (single-family residential) zoning to FB-UN1 (Form Based Urban Neighborhood). The petitioner’s stated objective is to redevelop the approximately 0.28-acre parcel with six for sale townhomes. A single-family home on the site is proposed to be removed as part of the development. It reportedly has radon and asbestos issues and is not connected to the City sewer system. Nearby parcels are primarily single-family residential, with some Neighborhood Commercial, Open Space, and Public Lands as shown in the area zoning map below. Planning staff recommended the Planning Commission forward a negative recommendation to the City Council. Planning felt the proposal does not meet applicable standards for approval which are discussed in the Key Considerations section below. The Commission discussed the proposed zoning map amendment during its August 24, 2022 meeting and held a public hearing at which no one spoke. The Commission closed the public hearing and voted 7-4 to forward a positive recommendation to the Council. Commissioners who voted in support of the proposal noted the need for additional housing in the city and needed area revitalization. Those who voted against forwarding a positive recommendation cited concerns including a townhome development is out of character with the neighborhood, and potential for the FB- UN1 zoning district to proliferate in the area where it was not intended to be used. Page | 3 Area zoning map with the subject parcel outlined. Note: The Sorenson Center is located at the blue Public Lands (PL) area at the bottom of the image. Goal of the briefing: Review the proposed zoning map amendment, determine if the Council supports moving forward with the proposal. POLICY QUESTIONS 1. The petitioner indicated new residential units would be for sale at an attainable price point. The Council may wish to ask the petitioner about a range of prices the proposed units are anticipated to sell for. 2. The Council may wish to discuss the tradeoffs between allowing additional density in this area and spurring gentrification. In evaluation, the Council may wish to request additional information from the developer on the types of units such as size and number of bedrooms, and levels of affordability. 3. There is no minimum off-street parking requirement in FB-UN zoning districts. The Council may wish to ask the petitioner if there are plans for off-street parking in the proposed development. 4. The housing loss mitigation plan recommends the petitioner enter a development agreement with the City for replacement of at least one housing unit. Does the Council wish to include this as a condition if the proposed zoning map amendment ordinance is adopted? 5. The Council may wish to ask if the existing home on the property home is occupied and if residents will be assisted with relocation. ADDITIONAL INFORMATION The Council is only being asked to consider rezoning the property. No formal site 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. HOUSING LOSS MITIGATION Because the proposal includes loss of a housing unit and the planned FB-UN1 zoning designation does not Page | 4 require residential uses in new developments, a housing loss mitigation plan is required. Section 18.97.130 of Salt Lake City Code outlines three options for housing loss mitigation: A. Construction of replacement housing B. Payment of a fee based on the difference between existing housing market value and the cost of replacement, and C. Payment of a flat mitigation fee if demonstrated that the costs of calculating and analyzing the various methods of mitigation are unreasonably excessive in relationship to the rough estimated costs of constitutionally permitted mitigation. The petitioner proposes constructing six housing units on the subject parcel, which would satisfy Option A. The Community and Neighborhoods Department Director approved the housing loss mitigation report and determined the petitioner should enter a development agreement with the City for replacement of at least one housing unit to comply with City housing loss mitigation standards in Salt Lake City Code. KEY CONSIDERATIONS Planning staff identified three key considerations related to the proposal which are 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: Is the FB-UN1 appropriate in the proposed location? Planning staff believes FB-UN zones are more appropriate in areas of the city that are more densely populated, closer to shopping, employment opportunities, other daily needs, and within proximity to mass transit, specifically TRAX. It is Planning’s opinion that while bus service is available nearby, form-based zoning is not warranted based on the FB-UN zones. Consideration 2: Adjacent Land Uses and Zoning One purpose of form-based zones is to provide appropriately scaled buildings that respect the neighborhood’s existing character. It is Planning’s belief that uses allowed under FB-UN1 zoning other than the proposed townhome development would be too intensive and may have a detrimental impact on surrounding property owners. Some of these potential uses are a bed & breakfast, daycare, congregate care facility, assisted living facility, government or municipal services facility, or off-street parking. Consideration 3: City Adopted Master Plans The 2014 Westside Master Plan states: “All new infill development, whether single-, or two- or multi- family residential should adhere to the prevailing development pattern in the immediate area.” It is Planning staff’s opinion single-family attached or other greater density land use is not consistent with the Plan as adjacent properties are single-family detached residential. However, Planning also noted housing issues in the city have changed in the years since the Westside Master Plan was adopted, and the need for additional housing may outweigh stricter adherence to the Plan’s policies. ZONING DISTRICT COMPARISON The following table compares some standards of the R-1/5,000 and FB-UN1 zoning districts. Please see pages 18-19 of the Planning Commission staff report for additional information. R-1/5,000 (existing)FB-UN1 (proposed) Building Height Flat Roof: 20 FT 2.5 stories, maximum of 30 FT, measured from established grade Page | 5 Pitched Roof: 28 FT or Average height of other principal building on the block face Setbacks Front Yard: Average of existing buildings on the block face unless otherwise established by plat. No greater than the setback of the existing building. Interior Side Yard: 4 FT on one side 10 FT on the other Rear Yard: 25% of lot depth or 20 FT, whichever is less Front Yard: Equal to the average setback of the block face, where applicable, otherwise minimum of 10 FT and maximum of 20 FT Interior Side Yard: 4 FT Rear Yard: Minimum 20% lot depth up to 25 FT Maximum Building Coverage 60% of the lot area N/A Lot Area/Width Minimum: 5000 SF/50 Feet Maximum: 7500 SF Minimum: 1500-3000 SF/15-30 FT ANALYSIS OF STANDARDS Attachment F (pages 24-25) of the Planning Commission staff report outlines zoning map amendment factors that should be considered as the Council reviews this proposal. The factors and findings are summarized below. Please see the Planning Commission staff report for additional information. Factor Planning Division 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. Does Not Comply Whether a proposed map amendment furthers the specific purpose statements of the zoning ordinance. Does Not Comply The extent to which a proposed map amendment will affect adjacent properties. Does Not Comply Whether a proposed map amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards. N/A 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 DEPARTMENT REVIEW COMMENTS In department review of this proposed zoning map amendment, Transportation noted FB-UN zoning does not have minimum required parking and on-street parking in the area is limited. Public Utilities stated redevelopment of the property may require additional utility improvements. These would be addressed Page | 6 during site plan review. Other departments had no objections to the proposed rezone or did not provide comments. PROJECT CHRONOLOGY • January 3, 2022-Applications submitted. • January 27, 2022-Petition assigned to Caitlynn Tubbs. • May 17, 2022- Petition reassigned to Lex Traughber. • June 15, 2022-Early notification mailed to property owners and tenants located within 300 feet of the subject property boundaries. • June 15, 2022-Planning staff attended Glendale Community Council meeting at which the petitioner presented his proposal. (The Glendale Community Council submitted a letter dated March 30, 2022 supportive of the zoning map amendment.) • August 10, 2022-Property posted with signs for the August 244, 2022 Planning Commission public hearing. • August 11, 2022-Planning Commission August 24, 2022 public hearing notice mailed to property owners and residents within 300 feet of the subject property. Listserv notification of the Planning Commission agenda emailed. Agenda posted on the Planning Division and State websites. • August 24, 2022-Planning Commission public hearing at which the Commission voted to forward a positive recommendation for the zoning map amendment to the City Council. • August 26, 2022-Draft ordinance sent to the City Attorney’s Office for review. • September 16, 2022-Planning Division received ordinance from the City Attorney’s Office. • September 22, 2022- Transmittal received in City Council Office.