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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: 116 East Edith Avenue Zoning Map and Master Plan Amendments PLNPCM2022-01160/01161 PUBLIC HEARING UPDATE Three people spoke at the November 7, 2023 public hearing. Two shared concerns with unsheltered individuals at the site as well as noise and U-Haul truck parking issues related to the property. The owner’s representative spoke in support of the proposed amendments. He noted that the property has been used for commercial purposes and no home has been on the site for many years. If the zoning remains residential, nothing will be built there. The owner asked for the trucks to be removed and it is his understanding they have been. The owner wants to bring the property into compliance. The Council closed the hearing and deferred action to a future meeting. The following information was provided for the Council briefing and public hearing. It is included again for background purposes. BRIEFING UPDATE During the October 3, 2023 briefing the Council confirmed there is not a home on the subject property and no housing loss mitigation is required. The petitioner stated that although the City recognizes the property is zoned residential, Salt Lake County records indicate that it is commercial and is charging taxes as such. Staff note: taxes are assessed based on the use of the property and not the underlying zoning. The petitioner would like to consolidate the parcel with his abutting parcel at 1207 South State Street. The Council asked Planning staff about use of the property for rental truck parking. That is happening on the 1207 South State Street property and would be allowed on the subject property if the rezone request is Item Schedule: Briefing: October 3, 2023 Set Date: October 17, 2023 Public Hearing: November 7, 2023 Potential Action: November 14, 2023 Page | 2 approved by the Council. In response to nearby resident concerns about increased truck traffic on Edith Avenue, the petitioner committed to keeping an existing blocked driveway onto Edith Avenue closed so vehicles would be required to enter or exit on State Street. The following information was provided for the September 5, 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 property at 116 East Edith Avenue (approximately 1200 South) in City Council District Five from its current R-1/5,000 (Single Family Residential) zoning designation to CC (Corridor Commercial). In addition, the proposal calls for amending the Central Community Master Plan future land use map from the current “Low-Density Residential” designation to “Community Commercial.” Current R-1/5,000 and CC zoning allow buildings up to 28 feet and 30 feet respectively. (An additional 15 feet of height (45 feet total) can be approved in the CC zoning district through the design review process.) The 0.12-acre parcel is used as parking for the adjacent parcel at 1207 South State Street where a magazine and smoke shop is located. The property reportedly has also been used as U-Haul storage. Both parcels are under the same ownership. Planning staff referenced a 1950 Sanborn map that indicates a single-family residence was located at 116 East Edith Avenue. There is no record of a building permit since 1979, so Planning estimates the home was demolished sometime between 1950 and 1979. Planning staff believes the current commercial use has existed since at least 1979. Edith Avenue properties between the subject property and 200 East are zoned R-1/5,000 and properties fronting State Street and 1300 South are zoned CC as shown in the zoning map below. Amending the zoning map and master plan future land use map would allow the current use to be a conforming use, and potentially combine 1207 South State Street and 116 East Edith Avenue into one parcel, giving potential to redevelop the site. It is worth noting that to date no concept plans have been submitted to the City. Page | 3 Area zoning map with the subject property outlined in blue. As outlined in Key Consideration 1 below, Planning staff’s opinion was that the proposed zoning map and master plan amendments are consistent with adopted City plans and recommended the Planning Commission forward a positive recommendation to the City Council. However, at its May 24, 2023 meeting the Commission voted unanimously to forward negative recommendations to the Council on both the zoning map and future land use map amendments. Commissioners felt expanding auto centric use into a residential neighborhood is inconsistent with Plan Salt Lake. 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 discuss whether aligning the zoning with current use of the property, and redevelopment potential outweighs impacts to the adjacent single-family neighborhood. 2. The Corridor Commercial zone is designed to be adjacent and compatible with residential neighborhoods, however, the Council may wish to consider whether another zone could be considered to resolve the non-conforming use, open opportunities for future plans, and be supportive of the residential neighborhood. ADDITIONAL INFORMATION The Council is only being asked to consider rezoning the property and amending the future land use map. No formal site plan has been submitted to the City, nor is it within the scope of the Council’s role to review such 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. Page | 4 KEY CONSIDERATIONS Planning staff identified two key considerations related to the proposal which are found on pages 5-8 of the Planning Commission staff report and summarized below. For the complete analysis, please see the staff report. Consideration 1 – Relevant Adopted Master Plan Documents Central Community Master Plan (2005) The subject property is within the Central Community Master Plan area, and the future land use map designates the property as low density residential. The adjacent property at 1207 South State Street is designated Corridor Commercial. Planning staff pointed to a section of the master plan that addresses “preventing zoning changes for commercial land use encroachment into residential neighborhoods.” Commercial land use encroachment occurs when new businesses are established on formerly residential properties and when existing neighborhood businesses appropriate contiguous residential properties. Both types of expanding commercial development often cause the demolition of residential structures for commercial land use. This has a severe impact on the character, livability, and stability of the existing residential neighborhood. Planning noted that demolition of an existing building would be discouraged but reiterated that the building on the subject property was demolished prior to 1980. Use of the property is believed to have been commercial since then, and Planning staff stated the proposal would allow commercial use on the property without demolishing a building. It would also allow continued use of the site which is already impacting the community as a commercial use. Planning staff included the following from the master plan: The location of neighborhood businesses within residential areas shortens travel times and makes it possible to walk, cycle, or take the bus rather than using the automobile, thus benefiting the community through improved air quality and reduced congestion on the City’s streets. and …non-conforming land uses, such as a commercial business on residentially zoned property, can serve the local community. In some cases, these businesses may be 20 to 50 years old and have provided convenient service to the neighborhood. These types of businesses also add character and opportunities for social exchanges in the neighborhood. Plan Salt Lake (2015) Planning staff felt the proposal aligns with the Neighborhoods, and Growth guiding principles. They outlined that the proposal supports the Neighborhoods principle because it does not change the expectation of commercial use for the property, and provides neighborhood services and amenities. Regarding support of the Growth guiding principle, Planning referenced that the proposal includes a mix of land uses in the neighborhood, includes potential to redevelop the property, and any new development would be in an area with existing infrastructure. As noted above, the Planning Commission felt the proposal is inconsistent with Plan Salt Lake and forwarded a negative recommendation to the City Council. Consideration 2 – Comparison of R-1/5,000 and Corridor Commercial Zones Page | 5 Planning staff found the current R-1/5,000 single-family zoning is appropriate for residential uses along Edith Avenue, and the proposed Corridor Commercial zone is congruent with existing properties on State Street north and south of the subject property. R-1/5,000 zoning limits development on the 116 East Edith Avenue property to a single-family dwelling, while CC zoning would allow for more intense uses such as a bar/tavern/brewpub, veterinary office, convenience store/gas station, check cashing payday loan business, medical clinic, multi-family dwelling, and mixed-use development, among others. (For a more comprehensive list of permitted and conditional uses, please see Attachment D (pages 18-20) of the Planning Commission staff report.) Planning also noted the current use of 116 East Edith Avenue as off-site U-Haul parking was created through City processes, and is considered a legal, non-conforming use. Corridor Commercial zoning would allow this as a permitted use. If rezoned to CC zoning the subject parcel would not conform to lot width standards for the zone. However, if the parcel and adjacent parcel at 1207 South State Street were combined the larger lot would conform to lot width standards. Rezoning the subject parcel to Corridor Commercial would allow more intense uses than the existing R- 1/5,000 zoning. If the property is redeveloped or the current building at 1207 South State Street were to be expanded under the proposed zoning, greater height would be allowed and there would be fewer setbacks. However, a landscaped buffer would be required on the east property line adjacent to the single-family residential. ZONING COMPARISON The following table compares current and proposed zoning districts. R-1/5,000 (current)CC (proposed) Maximum Building Height 28 feet to the ridge of the roof or the average height of other principal buildings on the block face. 20 feet to the top of a flat roof 30 feet (An additional 15 feet of building height can be approved through the design review process.) Front and Corner Side Yard Setback Average of block face or 20 feet. Corner side yard: 10 feet 15 feet Interior Side Yard Setback 4 feet on one side, 10 feet on the other. None required Rear Setback 25% of lot depth or 20 feet, whichever is less. 10 feet Upper-Level Step Back None None Minimum Lot Width 50 feet 75 feet Minimum Lot Size Single-family detached: 5,000 square feet 10,000 square feet Open Space 60% (40% maximum building coverage) None other than required yard areas. Analysis of Factors Attachment E (pages 21-24) 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. Page | 6 Factor Planning’s 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. Proposal is consistent with Plan Salt Lake and the Central Community Master Plan and is accordance with their goals, standards, and policies. 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 The proposed CC zone will impose different development regulations that the R-1/5,000 district but as the property has been historically utilized as a commercial use the impacts would be negligible. Whether a proposed map amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards. Does not conflict with any overlays that affect the property. 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 objections to the proposal, but additional comments will be provided if the property is redeveloped. PROJECT CHRONOLOGY • February 10, 2023 – Petition submitted. • March 7, 2023 – o Petition assigned to staff. o Early notification sent to Central City Community Council and residents and property owners living within 300 feet of the project site. o Beginning of 45-day comment period. • April 21, 2023 - The 45-day public comment period for recognized organizations ended. • May 10, 2023 – Planning Commission public hearing notice sign posted on the property. • May 12, 2023 - Public hearing notice mailed to residents and property owners within 300 feet of the project site. Newspaper notice published. • May 24, 2023 - Planning Commission public hearing and negative recommendation. • June 23, 2023-Draft ordinance requested from Attorney’s Office. • July 7, 2023-Planning received draft ordinance from the Attorney’s Office. • August 8, 2023-Transmittal received in City Council Office.