HomeMy WebLinkAboutCouncil Provided Information - 7/18/2023CITY COUNCIL OF SALT LAKE CITY
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COUNCIL STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM:Brian Fullmer
Policy Analyst
DATE:July 18, 2023
RE: 1350, 1358, 1370 South West Temple Zoning Map Amendment
PLNPCM2022-00810
PUBLIC HEARING UPDATE
One person spoke at the July 11, 2023 public hearing expressing her support for rezoning the properties to
TSA-UN-C with a maximum height of 75 feet rather than the requested TSA-UC-C zoning designation
which allows heights up to 90 feet. The commenter noted the historic significance of single-family homes
on two of the properties and acknowledged a lack of protection from demolition. She expressed
appreciation for the visual documentation of the homes.
The commenter said the community does not have the bandwidth to propose an area historic district to
help protect neighborhood historic structures.
The Council closed the public hearing and deferred action to a future meeting.
BRIEFING UPDATE
At the May 23, 2023 briefing, several Council Members discussed the importance of ground floor activation
that includes publicly accessible businesses to add to what is referred to as a festival street in the Ballpark
Station Area Plan. Tenant amenities such as a leasing office or gym would not contribute to that objective.
Planning staff followed up with the petitioner after the briefing. They propose meeting the 80% ground
floor activation requirement with a minimum of 60% devoted to uses that bring visitors to the site such as
retail establishments and services, restaurants, bars, art and craft studios and/or other uses determined to
be substantially similar by the Planning Director. The remaining required space would be used for tenant
amenities other than parking (e.g., leasing office, mail room, gym, etc.).
Item Schedule:
Briefing: May 23, 2023
Set Date: June 6, 2023
Public Hearing: July 11, 2023
Potential Action: July 18, 2023
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In addition, the petitioner told Planning staff they anticipate 27 units on each of five floors (135 total units)
with 8 2-bedroom, 14 1-bedroom, and 5 studio per floor. They also said they would consider up to 10% of
the dwelling units at 80% area median income (AMI).
When asked about tenants in the homes, the petitioner said a resident of 1350 South West Temple moved
due to neighborhood conditions, and the bookstore owner is in the process of moving from 1358 South.
A Council Member expressed a desire not to have the buildings vacant until the project is potentially
constructed. The petitioner said that someone is planning to move into the house at 1350 South until it is
demolished, and he is looking for a short-term tenant for the house at 1358 South.
The petitioner is proposing a development agreement requiring them to replace the housing unit within
three years, allowing time to construct the new proposed building. In addition, they propose the existing
buildings will have a maximum vacancy period of 24 months before demolition.
The following information was provided for May 23, 2023 Council briefing. It is
included again for background purposes.
The Council will be briefed about a proposal to amend the zoning map for parcels at 1350 South, 1358
South, and 1370 South West Temple in City Council District Five from their current RB (Residential
Business) zoning designation to TSA-UC-C (Transit Station Area Urban Center Core). The petitioner’s
stated objective is to consolidate the parcels, demolish the current structures, and construct a mixed-use
development with residential units above ground floor retail.
The parcels, shown in the image below, are located directly west of Smith’s Ballpark and within the Central
Community Master Plan area and the recently adopted Ballpark Station Area Plan. Both plans include
future land use maps and the Station Area Plan’s map applies to the subject parcels as it is directed to the
ballpark neighborhood. The map designates the parcels’ location as “Heart of the Neighborhood,” and
recommends a Transit Station Area Urban Station district, either the requested TSA-UC or TSA-UN
(Transit Station Urban Neighborhood) district, for the area.
The zoning map amendment application was received before the Ballpark Station Area Plan was adopted
by the Council. Because of this the petitioner was required to submit an application to amend the Central
Community Master Plan. Once the Ballpark Station Area Plan was adopted and its future land use map
applied to the area, the Central Community Master Plan amendment was no longer needed, and that
application was closed.
Parcels at 1350 South and 1358 South each have a single-family home, and 1370 South has a single-story
office building. The home at 1350 South was constructed in approximately 1903, and the 1358 South home,
constructed around 1897, in recent years has been used as a library. The office building at 1370 South was
constructed in 1968. None of the subject parcels are within a historic district, so the buildings are not
protected from demolition either under current or proposed zoning. However, as discussed in Key
Consideration 4, a visual record of the home at 1350 South was created and sent to the Marriott Library.
A six-story apartment building is located to the south of the office building across Albermarle Avenue. A
parking lot serving the baseball stadium is located north of the home at 1350 South. Neither is part of the
proposed zoning amendment, but they are mentioned to provide context of area land uses.
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The Planning Commission reviewed the proposal at its January 11, 2023 meeting and held a public hearing
at which one person spoke in support of the proposed rezone. The Commission voted unanimously to
forward a positive recommendation to the City Council with a condition that the housing unit is replaced
within 24 months. The petitioner informed Planning staff they would not be able to meet the timeline, so a
development agreement was drafted to ensure the housing unit is replaced if the proposed project is
developed. It is worth noting the home at 1358 South has been used as a business, so no dwelling units will
be lost at that location if the structure is demolished.
Aerial image with the subject parcels highlighted.
Image courtesy of Salt Lake City Planning Division
Goal of the briefing: Review the proposed zoning map amendments, determine if the Council supports
moving forward with the proposal.
POLICY QUESTIONS
1. The Council may wish to ask Planning staff if the unknown future of Smith’s Ballpark has an impact
on their recommendation to amend the zoning map for the subject properties.
2. The Council may wish to ask the petitioner about the mix of apartments (studio, 1, 2, 3+ bedrooms)
in the proposed development.
3. The Council may wish to ask the petitioner if any of the proposed apartments will be affordable
units, and if so, at what percentage of AMI.
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4. The Council may wish to ask how the petitioner plans to incorporate ground floor activation
principles into the development.
5. The Council may wish to ask the petitioner about anticipated vehicle and bicycle parking in the
proposed development.
KEY CONSIDERATIONS
Planning staff identified five key considerations related to the proposal which are found on pages 4-8 of the
Planning Commission staff report and summarized below. For the complete analysis, please see the staff
report.
Consideration 1-Compatibility with Applicable Master Plans
The subject parcels are in the area covered by the Central Community Master Plan, adopted in 2005. They
are also within the Ballpark Station Area Plan adopted last year. Planning staff noted the small area plan
takes precedence as it is focused on the ballpark community more directly than the master plan.
As discussed above, the subject parcels are in the “Heart of the Neighborhood” on the Ballpark Station
Area Plan future land use map. A Transit Station Area Urban Neighborhood district is recommended for
this area. Amending the zoning map would allow high-density mixed-use with ground floor retail and
residences above. The area plan also calls for creating a festival street on West Temple between 1300 South
and Albermarle Avenue. This would allow for community activities and may help with pedestrian-oriented
development.
Plan Salt Lake, adopted in 2015, encourages “redevelopment of underutilized sites where public
infrastructure is available and where it supports a mix of land uses.” Planning staff believes the subject
sites meet the recommendation as they are within a half-mile of a light rail station and served by bus lines.
They are also on an arterial street that connects to Interstate-15.
Consideration 2-Future Zoning Map Amendments to the Ballpark Station Area
The recently adopted Ballpark Station Area Plan recommends changes to assist with redevelopment and
revitalization of the area. The plan calls for modifying TSA districts to better accommodate needs of the
“Heart of the Ballpark Neighborhood.” The Mayor initiated a petition to amend the zoning map, so
properties in the area comply with the Ballpark Station Area Plan future land use map. Planning staff is
working on these modifications to rezone the area to TSA-UN-C.
This current petition is a request to rezone the property to TSA-UC-C, which has a maximum height of 90
feet. The TSA-UN-C zoning is 75 feet. If the current rezone request is approved and the petitioner submits a
building permit application before the Administration’s petition is considered and potentially adopted by
the Council, they would be able to construct a building up to 90 feet high.
Consideration 3-Concept Plan
A concept plan was submitted which provides an idea of what the petitioner is proposing for the site. If the
proposed zoning map is approved by the Council, any use allowed in the TSA-UC-C zoning district would
be allowed provided it meets standards for the district.
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.
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Concept drawing provided by petitioner.
Consideration 4-Community Feedback
The Ballpark Community Council discussed the proposal at its October 6, 2022 meeting. Much of the
discussion focused on preserving the structures at 1350 South and 1358 South. As noted above, they are not
protected from demolition either under the current or proposed zoning districts. The community council
recommended that the property owner contact Preservation Utah for comment and create a record of the
1350 South home. Since the home does not have historic designation or protection, Preservation Utah did
not comment on potential demolition of the sites. Responding to community input, the property owner and
applicant created a visual record of the 1350 South home and forwarded it to the Marriott Library to keep
in their records and make it available to the public.
Additional comments at the Community Council meeting included increased area traffic concerns, and an
improved pedestrian environment on West Temple. City Transportation found infrastructure is sufficient
to meet the needs of high-density use. As discussed above, the Ballpark Station Area Plan recommends
density allowed for this area in the proposed TSA zoning district.
The “Heart of the Neighborhood” and overall Ballpark Station Area Plan encourage pedestrian-oriented
development and redevelopment. Active ground floor uses of at least 80% street facing, and a minimum of
60% ground floor glass are required in the proposed TSA district. These and other required design
standards are intended to improve the pedestrian experience and safety with more “eyes on the street.”
Consideration 5-Rezone and Existing Structures
If approved, the proposed zoning map amendments will render the existing structures nonconforming
under the new zoning district. Required minimum building height, maximum setbacks, and several design
standards under TSA would not be met. As the sites are being redeveloped all TSA-UC-C standards would
need to be adhered to. Also, a TSA development score is required for site redevelopment. This score allows
design flexibility while implementing the City’s vision for station area plans, and measures compatibility
between proposed projects and the plan. The subject sites would be eligible for points awarded for reducing
or eliminating nonconformity on the site.
Planning staff found the proposal meets the overall area goals of the Ballpark Station Area Plan and Plan
Salt Lake, for creating higher density housing near light rail, and for providing attainable housing. The
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proposed zoning map amendments meet housing loss mitigation standards if a development agreement
requiring replacement of the loss of one residential unit is included.
ZONING COMPARISON
RB (Current)TSA-UC-C (Proposed)
Maximum Building Height 30 feet 90 feet
(Buildings with a roof that has at least
2 sloping planes may be allowed up to
105 feet.)
Front Setback 20% of lot depth, but need not exceed
25 feet. (For buildings legally existing
on April 12, 1995, the front yard shall
be no greater that the existing yard.)
None required
(At least 50% of the street facing
building façade shall be within 5 feet
of the front or corner side property
line.)
Side Setback Corner side yard: 10 feet
Interior side yard: 6 feet provided that
on interion lots one yard must be at
least 10 feet. (For buildings legally
existing on April 12, 1995, the front
yard shall be no greater that the
existing yard.)
Minimum: None, except a 25 foot
setback is required when adjacent to
an OS, R-1, R-2, SR, RMF-30, RMF-35
or RMF-45 Zoning District. The
minimum shall increase 1 foot for
every 1 foot increase in building height
above 25 feet and is applied to the
portion of the building over 25 feet in
height.
(At least 50% of the street facing
building façade shall be within 5 feet
of the front or corner side property
line.)
Rear Setback 25% of the lot depth, but the yard need
not exceed 30 feet.
Minimum: None, except a 25 foot
setback is required when adjacent to
an OS, R-1, R-2, SR, RMF-30, RMF-35
or RMF-45 Zoning District. The
minimum shall increase 1 foot for
every 1 foot increase in building height
above 25 feet and is applied to the
portion of the building over 25 feet in
height.
(At least 50% of the street facing
building façade shall be within 5 feet
of the front or corner side property
line.)
Lot Size Minimum lot area: 5,000 square feet
for single family detached dwellings or
retail service establishments when
located within an existing building
originally designed for residential use.
Minimum lot area: 2,500 square feet
Minimum lot width: 40 feet
(Any legally existing lot may be
developed without having to comply
with the minimum lot size or width
requirements.)
Analysis of Factors
Attachment E (pages 26-28) of the Planning Commission staff report outlines zoning map amendment
standards that should be considered as the Council reviews this proposal. The standards and findings are
summarized below. In brief, Planning staff felt the proposed TSA-UC-C zoning complies with the applicable
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standards. 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
City Department Review
During City review of the petitions, no responding departments or divisions expressed concerns with the
proposal, but stated additional review and permits would be required if the property is developed.
PROJECT CHRONOLOGY
• August 11, 2022-Petition for zoning map amendment received by Planning Division.
• September 1, 2022-Petition assigned to Nannette Larsen, Senior Planner.
• September 14, 2022-Master plan amendment application submitted.
• September 22, 2022-Information about petition sent to Ballpark Community Council Chair, and
surrounding neighbors and property owners within 300 feet of the sites.
• October 6, 2022-Ballpark Community Council meeting to discuss amendments.
• October 18, 2022-Ballpark Station Area Plan adopted. Master plan amendment no longer needed,
and that application is closed.
• December 27, 2022-Planning Commission public hearing notice mailed to surrounding neighbors
and property owners and posted to City and State websites.
• December 29, 2022-Planning Commission public hearing notice posted on the property.
• January 11, 2023-Planning Commission public hearing. The Planning Commission voted
unanimously to forward a positive recommendation to the City Council for the proposed zoning
map amendment.
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• January 24, 2023-Ordinance requested from Attorney’s Office.
• January 25, 2023-Planning received signed ordinance from the Attorney’s Office.
• February 23, 2023-Development agreement sent to Attorney’s Office.
• April 10, 2023-Development agreement received from the Attorney’s Office.
• April 28, 2023-Transmittal received in City Council Office.