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Transmittal - 12/22/2022ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL ________________________ Date Received: _________________ Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: December 22, 2022 Dan Dugan, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: 865 S 500 E Zoning Map and Master Plan Amendment (PLNPCM2022-00301 & PLNPCM2022-00302) STAFF CONTACT: Michael McNamee, Principal Planner michael.mcnamee@slcgov.com or 801-535-7226 DOCUMENT TYPE: Ordinance RECOMMENDATION: That the City Council follow the recommendation of the Planning Commission to approve the proposed Zoning Map and Master Plan amendment. BUDGET IMPACT: None BACKGROUND/DISCUSSION: Rick Service, the property owner of 865 South 500 East, initiated a petition to amend the Zoning Map and Central Community Master Plan in March of 2022. The request is to rezone the subject property from RMF-30 (Low Density Multi-Family Residential) to CN (Neighborhood Commercial), and redesignate the property on the future land use map in the Central Community Master Plan from Low Density Residential to Neighborhood Commercial. On October 26, 2022, the Planning Commission heard the petition and forwarded a positive recommendation to the City Council to amend the Zoning Map and Central Community Master Plan. If approved, the property owner intends to change the use of the existing single- family home to a commercial use. The specific commercial use would be determined after the amendments were approved. The property is located in the Central City Local Historic District, and the house is listed as a contributing structure to the district, which protects it from demolition without the approval of the Historic Landmark Commission. Lisa Shaffer (Dec 22, 2022 11:57 MST)12/22/2022 12/22/2022 The CN zone is a commercial zoning district that is intended to be compatible with residential neighborhoods. The permitted size and scale of development is similar to RMF-30, but the number and type of land uses allowed in CN is quite different from RMF-30. RMF-30 permits single-, two-, and multi-family dwellings, as well as uses that are incidental to residential neighborhoods such as parks and daycares. By contrast, CN permits primarily commercial uses such as retail, offices, and restaurants. Residential is only allowed as part of a mixed-use development. The proposed change would facilitate the replacement of a single-family dwelling use with a commercial use. HOUSING LOSS MITIGATION: The applicant was required to submit a housing loss mitigation plan as part of this request, per Chapter 18.97 of the Zoning Ordinance, which requires that a housing loss mitigation plan is approved by the city before any petition is approved for a zoning change that would permit a nonresidential use of land, that includes within its boundaries residential dwelling units. A housing loss mitigation plan is required for this petition because the CN zone allows nonresidential uses. Options for mitigating residential housing loss include providing replacement housing, paying a fee to the City’s housing trust fund based on the difference between the housing value and replacement cost of building new units, and, where deteriorated housing exists and is not caused by deliberate indifference of the landowner, the petitioner may pay a flat fee to the City’s housing trust fund. These options were considered, and paying a fee based on the difference between housing value and replacement cost was determined to be the most feasible. The applicant is not proposing to build any new housing to replace the single-family dwelling that would be lost, and he is not claiming that the existing dwelling is deteriorated. The fee amount was determined in the October 18, 2022 housing loss mitigation plan to be $61,967.76. The applicant has been made aware of this requirement under the ordinance. The City Attorney’s Office has advised against enforcing housing loss mitigation plans pending adoption of the City’s new Thriving in Place housing initiatives. PUBLIC PROCESS: • Petition for the zoning map and master plan amendment was accepted by the Salt Lake Planning Division on March 24, 2022. • The petition was assigned to Michael McNamee, Principal Planner, for staff analysis and processing on April 7, 2022. • The petition was deemed complete on April 20, 2022. • Information concerning this petition was sent to the chairs of the Central City and Liberty Wells Community Councils on April 28, 2022. o The Community Councils did not provide formal comments. • The surrounding property owners and residents within 300’ of the subject properties received an early notification by mail on April 28, 2022. • Public notification for the Planning Commission Hearing was mailed October 13, 2022 to all neighbors within 300’ of the Zoning Map and Master Plan amendment site. The public notice was also posted on City and State websites and sent via the Planning list serve. • The petition was heard by the Planning Commission on October 26, 2022. The Planning Commission voted 5-3 to forward a positive recommendation to the City Council regarding the proposed zoning map and master plan amendment. o There were three public comments received prior to the Planning Commission meeting. Planning Commission (PC) Records a) PC Agenda of October 26, 2022 (Click to Access) b) PC Minutes of October 26, 2022 (Click to Access) c) Planning Commission Staff Report of October 26, 2022 (Click to Access Report) EXHIBITS: 1) Project Chronology 2) Notice of City Council Public Hearing 3) Ordinance 4) Original Petition 5) Mailing List TABLE OF CONTENTS: 1. CHRONOLOGY 2. NOTICE OF CITY COUNCIL HEARING 3. ORDINANCE 4. ORIGINAL PETITION 5. MAILING LIST 1. CHRONOLOGY ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 PROJECT CHRONOLOGY Petition: PLNPCM2022-00301 & 302 March 24, 2022 Petition for the zoning map and master plan amendment received by the Salt Lake City Planning Division. April 7, 2022 Petition assigned to Michael McNamee, Principal Planner. April 28, 2022 Information about the proposal was sent to the Chair of the Central City and Liberty Wells Community Councils in order to solicit public comments and start the 45-day Recognized Organization input and comment period. April 28, 2022 Staff hosted an online Open House to solicit public comments on the proposal. The Online Open House period started on April 28, 2022 and ended June 15, 2022. April 28, 2022 Staff sent an early notification announcement of the project to all residents and property owners living within 300 feet of the project site providing information about the proposal and how to give public input on the project. June 15, 2022 The 45-day public comment period for Recognized Organizations ended. No formal comments were submitted to staff by the recognized organizations to date related to this proposal. October 12, 2022 Public hearing notice sign with project information and notice of the Planning Commission public hearing physically posted on the property. October 13, 2022 Public notice posted on City and State websites and sent via the Planning list serve for the Planning Commission meeting of October 26, 2022. Public hearing notice mailed. October 26, 2022 The Planning Commission held a public hearing on October 26, 2022. By a majority vote of 5-3, the Planning Commission forwarded a positive recommendation to the City Council for the proposed zoning map and master plan amendment. 2. NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petitions PLNPCM2022-0301 and PLNPCM2022- 00302 – 865 S 500 E Zoning Map and Master Plan Amendment – Salt Lake City has received a request from Rick Service, the property owner, to amend the zoning map for the property located at 865 South 500 East from RMF-30 (Low Density Multi-Family Residential District) to CN (Neighborhood Commercial District), and to amend the Central Community Master Plan so that the property would be redesignated on the future land use map from Low Density Residential to Neighborhood Commercial. The lot is approximately .08 acres (3,628 square feet). The intent of the rezone request is to allow for the conversion of the existing single-family dwelling on the property to a commercial use. The property is located within Council District 5, represented by Darin Mano. As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During the hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance the same night of the public hearing. The hearing will be held: DATE: PLACE: Electronic and in-person options. 451 South State Street, Room 326, Salt Lake City, Utah ** This meeting will be held via electronic means, while also providing for an in-person opportunity to attend or participate in the hearing at the City and County Building, located at 451 South State Street, Room 326, Salt Lake City, Utah. For more information, including WebEx connection information, please visit www.slc.gov/council/virtual-meetings. Comments may also be provided by calling the 24-Hour comment line at (801) 535-7654 or sending an email to council.comments@slcgov.com. All comments received through any source are shared with the Council and added to the public record. If you have any questions relating to this proposal or would like to review the file, please call Michael McNamee at 801-535-7226 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or via e-mail at michael.mcnamee@slcgov.com. The application details can be accessed at https://citizenportal.slcgov.com/, by selecting the “Planning” tab and entering the petition number PLNPCM2022-00301 or PLNPCM2022-00302. People with disabilities may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, (801)535-7600, or relay service 711. 3. ORDINANCE SALT LAKE CITY ORDINANCE No. _____ of 2023 (Amending the zoning of property located at 865 South 500 East Street from RMF-30 Low Density Multi-Family Residential District to CN Neighborhood Commercial District, and amending the Central Community Master Plan Future Land Use Map) An ordinance amending the zoning map pertaining to property located at 865 South 500 East Street from RMF-30 Low Density Multi-Family Residential District to CN Neighborhood Commercial District pursuant to Petition No. PLNPCM2022-00301, and amending the Central Community Master Plan Future Land Use Map pursuant to Petition No. PLNPCM2022-00302. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on October 26, 2022 on an application submitted by Rick Service (“Applicant”) to rezone property located at 865 South 500 East Street (Tax ID No. 16-07-276-024) (the “Property”) from RMF-30 Low Density Multi-Family Residential District to CN Neighborhood Commercial District pursuant to Petition No. PLNPCM2022-00301, and to amend the Central Community Master Plan Future Land Use Map with respect to that parcel from Low Density Residential to Neighborhood Commercial pursuant to Petition No. PLNPCM2022-00302; and WHEREAS, at its October 26, 2022 meeting, the Planning Commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council (“City Council”) on said applications; and WHEREAS, after a public hearing on this matter the City Council has determined that adopting this ordinance is in the city’s best interests. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending the Zoning Map. The Salt Lake City zoning map, as adopted by the Salt Lake City Code, relating to the fixing of boundaries and zoning districts, shall be and hereby is amended to reflect that the Property identified on Exhibit “A” attached hereto shall be and hereby is rezoned from RMF-30 Low Density Multi-Family Residential District to CN Neighborhood Commercial District. SECTION 2. Amending the Central Community Master Plan. The Future Land Use Map of the Central Community Master Plan shall be and hereby is amended to change the future land use designation of the Property identified in Exhibit “A” from Low Density Residential to Neighborhood Commercial. 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. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2023. ______________________________ CHAIRPERSON ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2023. Published: ______________. Ordinance amending zoning and MP 865 S 500 E APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney December 8, 2022 EXHIBIT “A” Legal Description of Property to be Rezoned and Subject to Central Community Master Plan Future Land Use Map Amendment: 865 South 500 East Tax ID No. 16-07-276-024 BEGINNING AT THE NORTHWEST CORNER OF LOT 3, BLOCK 2, EHRICHS SUBDIVISION, OF BLOCK 5, PLAT B, SALT LAKE CITY SURVEY, AND RUNNING THENCE SOUTH 33 FEET; THENCE EAST 110 FEET; THENCE NORTH 33 FEET; THENCE WEST 110 FEET TO THE POINT OF BEGINNING. TOGETHER WITH A PERPETUAL RIGHT OF WAY OVER THE FOLLOWING DESCRIBED STRIP OF LAND, TO-WIT: BEGINNING 33 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 3, THENCE EAST 140 FEET; THENCE SOUTH 10 FEET; THENCE WEST 140 FEET; THENCE NORTH 10 FEET TO THE POINT OF BEGINNING. 4. ORIGINAL PETITION 5. 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