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Council Provided Information - 11/7/2023CITY 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 7, 2023 RE: 1720 and 1734 South West Temple Zoning Map and Master Plan Amendments PLNPCM2023-00106/00380 BRIEFING UPDATE During the October 10, 2023 briefing a question was raised about proposed area zoning called for in the upcoming South Ballpark area plan. Council staff checked with Planning and learned it is too early to know what specific recommendations will be. Draft scenarios provided by the consultant on this plan suggest two to four story buildings may be proposed for public input. Planning staff noted that West Temple has historically been used as a dividing line for density. Density increases moving west toward the Trax line, and properties to the east are generally lower density. Planning also reminded the Council of the variety of zoning designations in this area. The map below showing the properties downzoned in 2016 was also discussed. Of the 155 properties downzoned, eight are south of 1700 South. The petitioner noted that downzoned properties north of 1700 South are generally smaller than the subject parcels. The following information was provided for the October 10, 2023 Council briefing and public hearing. It is included again for background purposes. The Council will be briefed about a proposal to amend the zoning map for properties at 1720 and 1734 South West Temple (0.24 acres each) from their current R-1/5,000 (Single-family Residential) zoning, to R-MU-45 (Residential Mixed Use). In addition, the proposal calls for amending the Central Community Master Plan future land use designations from Low-Density Residential to Medium-Density Residential. The proposed amendments would allow the property owner to potentially construct a medium-density Item Schedule: Briefing: October 10, 2023 Set Date: October 17, 2023 Public Hearing: November 7, 2023 Potential Action: November 14, 2023 Page | 2 residential development on the properties like a development immediately adjacent to the north, though no development plans have been submitted. A single-family home constructed in 1931 is on the 1720 South property. A duplex built in 1906 and remodeled in the early 2000s is at 1734 South. Both properties are market rate rental units. The parcels have frontage on West Temple and are near 1700 South, both of which are collector streets. Single-family homes, duplexes, townhomes, and multi-family buildings are in the vicinity, with bars, restaurants, a church and commercial uses within a few blocks. Jefferson Circle Park is adjacent to the west of the subject parcels. Planning staff noted that given the subject properties’ combined size of approximately ½ acre, and a minimum of 20% open space, limited buildable area will keep a potential building’s scale compatible with adjacent development. Residential use parking and height will be restricted due to fire codes and zoning ordinance requirements. Commercial uses involving alcohol would be prohibited because of the abutting park to the west. Area zoning is a mix of R-1/5,000, R-MU-45, CG (General Commercial), CB (Community Business), RMF- 35 (Moderate Density Multi-Family Residential), RO (Residential/Office) and R-2 (Single- and Two-Family Residential) as shown in the zoning map below. Area zoning map with subject parcels outlined in red. Page | 3 It is important to note that an ordinance was adopted in 2016 that downzoned 155 properties in an area bordered by 1300 South, Main Street, 2100 South, and 200 West from RMF-35 to R-1/5,000. The properties impacted by the rezone are not all adjacent to each other. The properties being considered by the Council are two of eight located on West Temple south of 1700 South that were rezoned in 2016 as shown below. Image showing properties downzoned in 2016. Courtesy of Salt Lake City Planning Division. Page | 4 The Planning Commission reviewed this proposal during its July 26, 2023 meeting and held a public hearing at which seven people spoke, six of whom were opposed to the proposal. Concerns cited include no development proposal, parking issues, the 2016 downzone was intended to maintain the core of neighborhood homes. The person who spoke in support noted the properties are on and near collector streets, are close to transit, and a need for moderate density in the area. During their discussion, Commissioners clarified that the subject parcels are not included in the Ballpark Station Area Plan. (Staff note: The parcels are within the draft 300 West Corridor and Central Pointe Plan area currently being drafted. That plan is not far enough along to provide specific recommendations for the subject parcels.) Some Commissioners expressed a desire to preserve the character of the street, felt the development and use potential are not appropriate for the parcels, and the small setbacks are an issue. Planning staff’s opinion was that the proposed zoning map and future land use map amendments met factors to consider in City Code and recommended the Planning Commission forward a positive recommendation to the Council with a condition that the petitioner enter a development agreement with the City for replacement of the three dwelling units. The Commission voted 5-2 to forward a negative recommendation to the Council for both the zoning map and future land use map amendments. 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 applicant if they plan to include any affordable housing in potential future projects on the subject sites. If yes, is the Council interested in asking the applicant if they would be willing to enter into a development agreement pertaining to affordable housing units? 2. The Council may wish to discuss how the forthcoming Affordable Housing incentives overlay proposal could be utilized to guarantee affordability is included in future projects on this property. ADDITIONAL INFORMATION The Council is only being asked to consider rezoning the property and amending the future land use map. No site plan has been submitted to the City, nor is it within the scope of the Council’s role 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. KEY CONSIDERATIONS Planning staff identified three key considerations related to the proposal which are found on pages 6-8 of the Planning Commission staff report and summarized below. For the complete analysis, please see the staff report. Consideration 1 – Adopted City Plan Considerations Planning reviewed how the proposal aligns with the Central Community Master Plan, Plan Salt Lake, and Housing SLC 2023-2027. Central Community Master Plan The subject parcels are within the Central Community Master Plan area and is shown on the published future land use map for this plan as Medium-Density Residential (15-30 dwelling units/acre). The map is Page | 5 inaccurate as the 2016 downzone discussed above designates the properties as Low-Density Residential (1- 15 dwelling units/acre). The map was published in 2005, well before the parcels were downzoned. In the Planning Commission staff report Planning staff stated: The subject properties are no longer compatible with the surrounding uses by remaining labeled “low-density residential” among “medium-residential/mixed-use” and “residential/office mixed- use” on the future land use map. Most of the development and the zoning has been designated for higher densities. Therefore, the master plan should be amended to show these two properties as “medium-density residential” to allow for future multi-family and/or mixed-use development potential and to make the subject properties more compatible with the uses around them. Plan Salt Lake Planning staff cited the city’s need for housing in Plan Salt Lake which calls for “access to a wide variety of housing types for all income levels, providing the basic human need for safety and responding to changing demographics.” Two key components in the initiative are: •Ensure access to affordable housing citywide (including rental and very low income, and •Increase the number of medium density housing types and options. Housing SLC 2023-2027 It is Planning staff’s option that amending the master plan to designate the subject properties as medium- density residential aligns with the main objective in Housing SLC to “make progress toward closing the housing gap of 5,500 units of deeply affordable housing and increase the supply of housing at all levels of affordability.” Consideration 2 – Compatibility with Adjacent Properties Planning staff noted the low-density residential neighborhood that was part of the larger area. They also acknowledged changes over the past decade including townhomes, multi-family developments, and commercial uses. The tallest buildings in the immediate area include the townhome development adjacent to the subject parcels to the north, and a senior resident apartment building. Consideration 3 – R-MU-45 Zoning vs R-1/5,000 Zoning Development Potential R-MU-45 development potential is very different than the current R-1/5,000 zoning. Building setbacks in R-MU-45 are much less than R-1/5,000, and there would be more dwelling units allowed if the proposal is adopted. R-MU-45 zoning allows for buildings up to 45 feet tall, but as noted above the maximum building height on the subject parcels would likely be lower. It is Planning staff’s opinion that the parcels’ size along with landscaping and on-site parking requirements would allow a building similar in height to the adjacent townhome development. ZONING COMPARISON Attachment C (pages 15-16) of the Planning Commission staff report includes a comparison of existing R- 1/5,000 and proposed R-MU-45 zoning. It is replicated here for convenience. Regulation Existing Zoning (R-1/5,000)Proposed Zoning (R-MU-45) Lot Area/Width 5,000 square feet- lot size 50 feet -lot width 5,000 square feet for new lots. No minimum for existing lots. Page | 6 50 feet -lot width Setbacks 1. Front Yard: The minimum depth of the front yard for all principal buildings shall be equal to the average of the front yards of existing buildings within the block face. Where there are no existing buildings within the block face, the minimum depth shall be twenty feet (20'). Where the minimum front yard is specified in the recorded subdivision plat, the requirement specified on the plat shall prevail. For buildings legally existing on April 12, 1995, the required front yard shall be no greater than the established setback line of the existing building. 2. Corner Side Yard: Ten feet (10'). 3. Interior Side Yard: a. Corner lots: Four feet (4'). b. Interior lots: Four feet (4') on one side and ten feet (10') on the other. 4. Rear Yard: Twenty-five percent (25%) of the lot depth, or twenty feet (20'), whichever is less. 3. Nonresidential, Multi-Family Residential and Mixed-Use Developments: a. Front Yard: Minimum five feet (5’). Maximum fifteen feet (15’). b. Corner Side Yard: Minimum five feet (5’). Maximum fifteen feet (15’). c. Interior Side Yard: No setback is required unless an interior side yard abuts a Single- or Two-Family Residential District. When a setback is required, a minimum ten-foot (10') setback must be provided, and the minimum side yard setback shall be increased one foot (1') for every one foot (1') increase in height above thirty feet (30'). Buildings may be stepped so taller portions of a building are farther away from the side property line. The horizontal measurement of the step shall be equal to the vertical measurement of the taller portion of the building. d. Rear Yard: Twenty-five percent (25%) of lot depth but need not exceed thirty feet (30'). Parking Two parking spaces per dwelling unit Min: Studio and 1+ bedrooms: 1 space per DU Max: All Contexts: Studio & 1 Bedroom: 2 spaces per DU 2+ bedrooms: 3 spaces per DU Building Height 1. The maximum height of buildings with pitched roofs shall be: a. Twenty-eight feet (28') measured to the ridge of the roof; or b. The average height of other principal buildings on the block face. 2. The maximum height of a flat roof building shall be twenty feet (20'). Maximum Building Height: The maximum building height shall not exceed forty-five feet (45'), except that nonresidential buildings and uses shall be limited by subsections E1, E2, E3 and E4 of this section. Buildings taller than forty-five feet (45'), up to a maximum of fifty-five feet (55'), may be authorized through the design review process (chapter 21A.59 of this title) and provided that the proposed height is supported by the applicable master plan. 1. Maximum height for nonresidential buildings: Twenty feet (20'). Page | 7 Coverage/Open space The surface coverage of all principal and accessory buildings shall not exceed forty percent (40%) of the lot. Minimum Open Space Area: For residential uses and mixed uses containing residential uses, not less than twenty percent (20%) of the lot area shall be maintained as an open space area. This open space area may take the form of landscaped yards or plazas and courtyards, subject to site plan review approval. Analysis of Factors Attachment E (pages 31-33) of the Planning Commission staff report outlines master plan and zoning map amendment standards that should be considered as the Council reviews this proposal. 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 if multi-family development is constructed. Whether a proposed map amendment furthers the specific purpose statements of the zoning ordinance. Generally 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. Complies 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. Some public facilities and services may need to be upgraded if a more intense use is permitted in the R-MU-45 zone. City Department Review During City review of the petitions, no responding departments or divisions expressed objections to the proposal, but additional comments will be provided if the property is developed. PROJECT CHRONOLOGY • February 13, 2023 – Petition for the zoning map amendment received by Planning Division. • March 3, 2023 – Petition assigned to Diana Martinez, Senior Planner. • March 17, 2023 – Information about the proposal sent to the Ballpark Community Council Chair. • March 20, 2023 – Early notification announcement sent to all residents and property owners living within 300 feet of the project site. • May 10, 2023 – It was determined that a petition for a master plan amendment would be required to amend the Central Community Master Plan future land use map from low-density residential to Page | 8 medium-density residential. • May 17, 2023 – Master plan amendment petition received by Planning Division. • May 19, 2023 – Master plan amendment petition assigned to Diana Martinez, Senior Planner. • July 17, 2023 – Public hearing notice sign with project information and notice of the Planning Commission public hearing posted on property. • July 21, 2023 – Public notice posted on City and State websites and sent via the Planning list serve for the Planning Commission meeting of July 26, 2023. Public hearing notice mailed. • July 26, 2023 – Petitions reviewed by the Planning Commission and a public hearing was held. The Commission votes 5-2 to forward negative recommendations to the City Council for the zoning map and future land use map amendments. • July 31, 2023 – Draft ordinance sent to the City Attorney’s Office. • August 3, 2023 – Signed ordinance sent to Planning Division. • September 8, 2023-Transmittal received in City Council Office.