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Transmittal - 8/8/2023ERIN 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: August 7, 2023 Darin Mano, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: Petition PLNPCM2022-01160 & PLNPCM2022-01161 116 E Edith Ave. - R-1-5000 to CC Zoning Map & Master Plan Amendment STAFF CONTACT: Grant Amann, Associate Planner grant.amann@slcgov.com, 801-535-6171 DOCUMENT TYPE: Ordinance RECOMMENDATION: Deny the ordinance amending the zoning map for the property at 116 E Edith Ave as recommended by Planning Commission BUDGET IMPACT: None BACKGROUND/DISCUSSION: The applicant is requesting to amend the zoning map and the Central Community Master Plan Future Land Use Map for the property located at 116 E Edith Ave which is approximately 5,100 square feet in size. The proposal involves two requests: (1) to amend the Central Community Future Land Use Map from Low Density Residential (5-10 dwelling units per acre) to Community Commercial and (2) to amend the zoning map designation from R-1/5000 (Single Family Residential) to CC (Corridor Commercial) zoning district. The property has acted as ancillary parking for the commercial business located at 1207 S State Street for several decades. The rezone to CC would make the property consistent with the adjacent property that shares the same owner. Lisa Shaffer (Aug 8, 2023 16:34 MDT)08/08/2023 08/08/2023 The applicant is requesting the rezone as they are considering alternative options for the business on the property. PUBLIC PROCESS: •Notice of the project and request for comments was sent to the Central City Community Council on March 7th, 2023. •Also on March 7th, 2023, early notification of the project was mailed to property owners/residents within 300 feet of the proposal informing them of the proposal, where to get more information, and who to contact for questions and comments. o No letters or emails were received in opposition to the proposal. •The Planning Commission public hearing was held on May 24th, 2023. Several neighbors spoke during the public hearing in opposition to the proposal, citing concerns about the site regarding safety, and an increase of intensity of use. •The Planning Commission motion recommended denial for the reason that it is inconsistent with Plan Salt Lake. •The Planning Commission voted unanimously to forward a negative recommendation to the City Council for the proposal as requested by the applicant. Planning Commission (PC) Records a)PC Agenda of May 26, 2021 (Click to Access) b)PC Minutes of May 26, 2021 (Click to Access) c)Planning Commission Staff Report of May 26, 2021 (Click to Access Report) EXHIBITS: 1.Project Chronology 2.Notice of City Council Hearing 3.Original Petition 4.Mailing List 5.Ordinance 1.PROJECT CHRONOLOGY Petition: PROJECT CHRONOLOGY PLNPCM2022-01160/PLNPCM2022-01161 – 116 E. Edith Ave. Zoning Map and Master Plan Amendment February 10, 2023 Petition for the amendments were received by the Salt Lake City March 7, 2023 March 7, 2023 April 21, 2023 May 10, 2023 May 12, 2023 May 24, 2023 Planning Division. Petition PLNPCM2022-01160, -01161 assigned to Grant Amann, Associate Planner, for staff analysis and processing. Early notification announcement of the project to Central City Community Council, and 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. Beginning of 45-day input and comment period. End of 45-day Recognized Community Organization notice period. Public hearing notice sign with project information and notice of the Planning Commission public hearing physically posted on the property. Planning Commission public hearing notices mailed to residents and property owners within 300 feet. Newspaper notice published. Public hearing notice signs posted on the site. Planning Commission holds a public hearing and makes a negative recommendation to deny the proposed Zoning Map Amendment. 2.NOTICE OF CITY COUNCIL HEARING NOTICE OF PUBLIC HEARING The Salt Lake City Council is considering Petitions PLNPCM2022-01160 and PLNPCM2022- 01161- A request by Ian Kaplan of ADDVirtue, representing the owner of the properties, to rezone the parcels located at approximately 116 E Edith from R-1/5,000 (Single Family Residential) to CC (Corridor Commercial). The site currently is a vacant lot but serves as ancillary parking to the existing commercial use located at 1207 S State Street. Although the applicant has no current intentions of redeveloping the site, the proposed CC zone would allow for further commercial and multi-family development of the site that is not currently allowed under its current designation. The properties are located in Council District 5, represented by Darin Mano. As part of their study, the City Council is holding two advertised public hearings to receive comments regarding the petition. During these hearings, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance on the same night of the second public hearing. The hearing will be held electronically: DATE: TIME: 7:00 p.m. PLACE: Room 315, 451 South State Street Salt Lake City, Utah ** This meeting will be held in-person, 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, please visit www.slc.gov/council. 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 Grant Amann at 801-535-6171 or via e-mail at grant.amann@slcgov.com. The application details can be accessed at https://citizenportal.slcgov.com/, by selecting the “planning” tab and entering the petition number PLNPCM2022-01160 and PLNPCM2022-01161. The City and County Building is an accessible facility. People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance in order to participate in this hearing. 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.PETITION Zoning Amendment  Amend the text of the Zoning Ordinance  Amend the Zoning Map OFFICE USE ONLY Received By: Date Received: Project #: Name or Section/s of Zoning Amendment: PLEASE PROVIDE THE FOLLOWING INFORMATION Address of Subject Property (or Area): Name of Applicant: Phone: Address of Applicant: E-mail of Applicant:Cell/Fax: Applicant’s Interest in Subject Property:  Owner  Contractor  Architect  Other: Name of Property Owner (if different from applicant): E-mail of Property Owner:Phone: Please note that additional information may be required by the project planner to ensure adequate information is provided for staff analysis. All information required for staff analysis will be copied and made public, including professional architectural or engineering drawings, for the purposes of public review by any interested party. AVAILABLE CONSULTATION If you have any questions regarding the requirements of this application, please contact Salt Lake City Planning Counter at zoning@slcgov.com prior to submitting the application. REQUIRED FEE Map Amendment: $1,142 filing fee, plus $121 per acre (excess of one acre), plus additional public notice fee. Text Amendment: $1,142 filing fee, plus additional public notice fee. Public noticing fees will be assessed after the application is submitted. SIGNATURE If applicable, a notarized statement of consent authorizing applicant to act as an agent will be required. Signature of Owner or Agent: Date: SA L T L A K E C I T Y P L A N N I N G UPDATED 6/28/22 Ian Kaplan ian@addvirtue.com miqbalsial48@gmail.com 10.29.2022 4 4 1207 S State Street 9897 S 2700 E 4 4 Ikbal Sial 116 E Edith Avenue DocuSign Envelope ID: 3E4684B4-F37F-4FE4-8E62-B882F173E21C Updated 9/14/22 ACKNOWLEDGEMENT OF RESPONSIBILITY This is to certify that I am making an application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application will be processed under the name provided below. By signing the application, I am acknowledging that I have read and understood the instructions provided by Salt Lake City for processing this application. The documents and/or information I have submitted are true and correct to the best of my knowledge. I understand that the documents provided are considered public records and may be made available to the public. I understand that my application will not be processed until the application is deemed complete by the assigned planner from the Planning Division. I acknowledge that a complete application includes all of the required submittal requirements and provided documents comply with all applicable requirements for the specific applications. I understand that the Planning Division will provide, in writing, a list of deficiencies that must be satisfied for this application to be complete and it is the responsibility of the applicant to provide the missing or corrected information. I will keep myself informed of the deadlines for submission of material and the progress of this application. I understand that a staff report will be made available for my review prior to any public hearings or public meetings. This report will be on file and available at the Planning Division and posted on the Division website when it has been finalized. AFFIRMATION OF SUFFICIENT INTEREST I hereby affirm that I am the fee title owner of the below described property or that I have written authorization from the owner to pursue the described action. The following shall be provided if the name of the applicant is different than the name of the property owner: 1.If you are not the fee owner attach a copy of your authorization to pursue this action provided by the fee owner. 2.If a corporation is fee titleholder, attach copy of the resolution of the Board of Directors authorizing the action. 3.If a joint venture or partnership is the fee owner, attach a copy of agreement authorizing this action on behalf of the joint venture or partnership 4.If a Home Owner’s Association is the applicant than the representative/president must attach a notarized letter stating they have notified the owners of the proposed application. A vote should be taken prior to the submittal and a statement of the outcome provided to the City along with the statement that the vote meets the requirements set forth in the CC&Rs. Be advised that knowingly making a false, written statement to a government entity is a crime under Utah Code Chapter 76-8, Part 5. Salt Lake City will refer for prosecution any knowingly false representations made pertaining to the applicant’s interest in the property that i s the subject of this application. APPLICANT SIGNATURE Name of Applicant: Application Type: Mailing Address: Email: Phone: Signature: Date: FEE TITLE OWNER SIGNATURE Legal Description of Subject Property: Name of Owner: Mailing Address Street Address: Signature: Date: Ian Kaplan Zoning & Masterplan Amendment ian@addvirtue.com 10.29.2022 9897 S 2700 E, Sandy, UT 84092 9897 S 2700 E, Sandy, UT 84092 DocuSign Envelope ID: 3E4684B4-F37F-4FE4-8E62-B882F173E21C St a f f R e v i e w SUBMITTAL REQUIREMENTS 1.Project Description (please electronically attach additional sheets. See Section 21A.50 for the Amendments ordinance.) A statement declaring the purpose for the amendment. A description of the proposed use of the property being rezoned. List the reasons why the present zoning may not be appropriate for the area. Is the request amending the Zoning Map? If so, please list the parcel numbers to be changed. Is the request amending the text of the Zoning Ordinance? If so, please include language and the reference to the Zoning Ordinance to be changed. WHERE TO FILE THE COMPLETE APPLICATION Apply online through the Citizen Access Portal. There is a step-by-step guide to learn how to submit online. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED ______ I acknowledge that Salt Lake City requires the items above to be submitted before my application can be processed. I understand that Planning will not accept my application unless all of the following items are included in the submittal package. UPDATED 6/28/22 4 4 4 4 DocuSign Envelope ID: 3E4684B4-F37F-4FE4-8E62-B882F173E21C Advocacy | Design | Development RE: Application for Zoning Amendment Supplemental Information Prepared By: Date: Ian Kaplan (Owner Representative) October 31st, 2022 ADDvirtue LLC Ian@ADDvirtue.com Owner Information: Iqbal Sial Nazar Enterprises miqbalsial48@gmail.com Project Addresses Parcel Number: Site Area: 116 E Edith Ave 357-047 .12 Acres Existing Zone: R-1-5000 (Single Family Residential) Proposed Zone: CC (Corridor Commercial) Master Plan: Central Community Subject Property: Advocacy | Design | Development Purpose For Amendment: The property located at 1207 S State Street is composed of two contiguous parcels each with separate zoning designations. The smaller of the two parcels, zoned R-1-5000, is a vacant lot and has historically been accessory to the commercial use of the State Street parcel. Due to the adjacency of a commercial structure on two of its four property lines and it’s proximity to State Street, the vacant residential parcel has a low likelihood of being used for new residential construction in the future. The land would be better utilized as Corridor Commercial space that can serve the adjacent neighborhood. Proposed Use: Corridor Commercial Present Zoning Conflicts: 1. The location of the residential parcel with its adjacency to two commercially zoned properties and its historic use as accessory to a commercial property presents a low likelihood of being utilized as single family residential. Central Community Master Plan Findings: The future land use is designated as R-1-5000 on PG.2 of the Central Community Master plan (CCMP). The Community Commercial zone is intended to provide the close integration of moderately sized commercial areas with adjacent residential neighborhoods (See PG. 10, CCMP). Additionally, the community input received during the Master Planning phase of this neighborhood notes that residents do not want commercial activities in low density neighborhoods and prefer to keep them in areas already plagued with noise, trash and traffic (See PG 9, CCMP). Due to the adjacency of existing Commercially zoned property on State street, a Zoning Amendment of this parcel would keep in line with the intent of the CC zone, as established in the CCMP, in maintaining larger scale community commercial in zones along arterial roadways. Furthermore, by amending the zoning of the vacant residential lot, any future commercial business development on the property would be required to meet the buffer requirements as established in 21.A.48.080 of the Salt Lake City Municipal Code, which would increase privacy and protection of the adjacent residential neighborhood. Advocacy | Design | Development Plan Salt Lake Findings: The zoning amendment of this residential property adjacent to larger scale commercial property would positively contribute to the goals set forth in Plan Salt Lake by contributing to the following: ● Locating new development in areas with existing infrastructure and amenities, such as transit and transportation corridors. ● Promoting infill and redevelopment of underutilized land. 4. MAILING LIST OWN_FULL_NAME OWN_ADDR Own _unit OWN_CITY OWN_ STATE OWN_ZIP 1700 INVESTMENTS, LLC 1207 S MAIN ST SALT LAKE CITY UT 84111 1200 STATE PROPERTY LLC 1418 E MICHIGAN AVE SALT LAKE CITY UT 84105 BING KONG TONG, INC PO BOX 735 SALT LAKE CITY UT 84110 GARY L PETERSON; KATHRYN A PETERSON (JT) 1220 S STATE ST SALT LAKE CITY UT 84111 LANDEN PROPERTIES, LLC 13 E WANDERWOOD WY SANDY UT 84092 BING KONG TONG, INC PO BOX 735 SALT LAKE CITY UT 84110 RESCUE MISSION OF SALT LAKE INC PO BOX 1431 SALT LAKE CITY UT 84110 AXIS T PROPERTIES, LLC 351 W 400 S SALT LAKE CITY UT 84101 MARGARET H CLAYTON 116 E KELSEY AVE SALT LAKE CITY UT 84111 RACHEL E SANDERS 122 E KELSEY AVE SALT LAKE CITY UT 84111 PETER GOODWIN 126 E KELSEY AVE SALT LAKE CITY UT 84111 LAURA KRAMER; MATTHEW PETTIT (JT) 132 E KELSEY AVE SALT LAKE CITY UT 84111 JUDITH M BEESLEY TRUST 04/20/1989 169 N STATE ST SALT LAKE CITY UT 84103 KATHERINE J YOUNG 6908 S HOLLOW MILL DR COTTONWOOD HTS UT 84121 CONSUELO R HARRIS; TERESA M HARRIS; BRENNA HARRIS (JT) 146 E KELSEY AVE SALT LAKE CITY UT 84111 AXIS T PROPERTIES LLC 351 W 400 S SALT LAKE CITY UT 84101 SERGIO GOMEZ 115 E EDITH AVE SALT LAKE CITY UT 84111 TIA P MARTINEZ 119 E EDITH AVE SALT LAKE CITY UT 84111 NICOLE A JOHNSTON; RYAN K JOHNSTON (JT) 125 E EDITH AVE SALT LAKE CITY UT 84111 DAVID SHEARER; STACEY SHEARER (JT) 131 E EDITH AVE # SOUTH SALT LAKE CITY UT 84111 CONRAD NAGEL 135 E EDITH AVE SALT LAKE CITY UT 84111 LANCE B SAUNDERS 983 N POINSETTIA DR SALT LAKE CITY UT 84116 BRIAN J FIEDLER; JESSICA ROESTENBURG (JT) 145 E EDITH AVE SALT LAKE CITY UT 84111 JESSICA M REECE 149 E EDITH AVE SALT LAKE CITY UT 84111 DREW HANSEN 120 E EDITH AVE SALT LAKE CITY UT 84111 DAVID A SALTSMAN 142 E EDITH AVE SALT LAKE CITY UT 84111 SALT LAKE COUNTY PO BOX 144575 SALT LAKE CITY UT 84114 ADEQUATE INVESTMENTS, LLC 40 S SAMARA ST VINEYARD UT 84059 LYNN LOSELI KATOA 156 E EDITH AVE SALT LAKE CITY UT 84111 AUTONOMY INC 6036 S LINDEN ST HOLLADAY UT 84121 AUTONOMY INC 6036 S LINDEN ST HOLLADAY UT 84121 ADEQUATE INVESTMENTS, LLC 40 S SAMARA ST VINEYARD UT 84059 DOE MAYERS TRUST 09/27/2019 1057 E BELLE MEADOWS WY SALT LAKE CITY UT 84121 TERRY GORSETH; STACY GORSETH (JT) 136 E EDITH AVE SALT LAKE CITY UT 84111 PAUL H WHITE; JEANNENE WHITE (JT) 152 E EDITH AVE SALT LAKE CITY UT 84111 SALT LAKE COUNTY PO BOX 144575 SALT LAKE CITY UT 84114 WILLISTON SLOULIN FIELD PAD LLC; UFPRP LLC 5670 WILSHIRE BLVD #1250 LOS ANGELES CA 90036 FIRST UTAH BANK 3826 S 2300 E SALT LAKE CITY UT 84109 RICK ROSS 126 E EDITH AVE SALT LAKE CITY UT 84111 JEFFREY KATZ 130 E EDITH AVE SALT LAKE CITY UT 84111 NAZAR, ENTERPRISES, LLC 1207 S STATE ST SALT LAKE CITY UT 84111 NAZAR ENTERPRISES, LLC 1207 S STATE ST SALT LAKE CITY UT 84111 Current Occupant 1190 S STATE ST Salt Lake City UT 84111 Current Occupant 1200 S STATE ST Salt Lake City UT 84111 Current Occupant 1216 S STATE ST Salt Lake City UT 84111 Current Occupant 85 E 1300 S Salt Lake City UT 84111 Current Occupant 1212 S STATE ST Salt Lake City UT 84111 Current Occupant 1165 S STATE ST Salt Lake City UT 84111 Current Occupant 1169 S STATE ST Salt Lake City UT 84111 Current Occupant 136 E KELSEY AVE Salt Lake City UT 84111 Current Occupant 140 E KELSEY AVE Salt Lake City UT 84111 Current Occupant 1185 S STATE ST Salt Lake City UT 84111 Current Occupant 131 E EDITH AVE Salt Lake City UT 84111 Current Occupant 139 E EDITH AVE Salt Lake City UT 84111 Current Occupant 144 E EDITH AVE Salt Lake City UT 84111 Current Occupant 146 E EDITH AVE Salt Lake City UT 84111 Current Occupant 120 E EDITH AVE Salt Lake City UT 84111 Current Occupant 142 E EDITH AVE Salt Lake City UT 84111 Current Occupant 146 E EDITH AVE Salt Lake City UT 84111 Current Occupant 156 E EDITH AVE Salt Lake City UT 84111 Current Occupant 1297 S STATE ST Salt Lake City UT 84111 Current Occupant 145 E 1300 S Salt Lake City UT 84115 Current Occupant 115 E 1300 S Salt Lake City UT 84115 Current Occupant 116 E EDITH AVE Salt Lake City UT 84111 5. ORDINANCE SALT LAKE CITY ORDINANCE No. _____ of 2023 (Amending the zoning of property located at 116 East Edith Avenue from R-1/5,000 Single- Family Residential District to CC Corridor Commercial District, and amending the Central Community Master Plan Future Land Use Map) An ordinance pertaining to property located at 116 East Edith Avenue (the “Property”) as described in Exhibit A, attached hereto, amending the zoning map from R-1/5,000 Single-Family Residential District to CC Corridor Commercial District pursuant to Petition No. PLNPCM2022- 01160 and amending the Central Community Master Plan Future Land Use Map with respect to the Property to change the future land use designation from Low Density Residential to Community Commercial pursuant to Petition No. PLNPCM2022-01161. WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a public hearing on May 24, 2023 on an application submitted by Ian Kaplan of ADDvirtue, LLC (“Applicant”) to rezone the Property from R-1/5,000 Single-Family Residential District to CC Corridor Commercial District pursuant to Petition No. PLNPCM2022-01160 and to amend the Central Community Master Plan Future Land Use Map with respect to the Property to change the future land use designation from Low Density Residential to Community Commercial pursuant to Petition No. PLNPCM2022-01161; and WHEREAS, at its May 24, 2023 meeting, the Planning Commission voted to recommend that the Salt Lake City Council (“City Council”) deny said application; 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 R-1/5,000 Single-Family Residential District to CC Corridor 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” attached hereto from Low Density Residential to Community Commercial. SECTION 3. Effective Date. This ordinance shall take effect immediately after it has been published in accordance with Utah Code Section 10-3-711 and recorded in accordance with Utah Code Section 10-3-713. 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 116 E Edith Ave APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:__________________________________ By: ___________________________________ Paul C. Nielson, Senior City Attorney June 23, 2023 EXHIBIT “A” Affects property located at: 116 East Edith Avenue Tax ID No. 16-07-357-047-0000 LOT 14, BLOCK 1, WALKER PLACE PLAT A. ALSO BEG SW COR OF SD LOT 14, BLOCK 1, WALKER PLACE PLAT A; N 89^56'40" E 42.36 FT; S 0^01'52" W 9.54 FT; N 89^50'11" W 42.36 FT; N 0^01'52"E 9.38 FT TO BEG.