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Council Provided Information - 12/5/2023CITY 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:December 5, 2023 RE: 711 and 721 South 1200 East Zoning Map and Master Plan Amendments PLNPCM2023-00496/00639 BRIEFING UPDATE Council Members asked about proposed uses at the 1200 East building. A representative from the McGillis School stated large events and student drop-off/pick-up will happen at the main school. It is anticipated there will be flexible uses of the 1200 East building, such as classes and other smaller scale activities. Council Members expressed support for the proposal and noted that it is unusual for residents to reach out asking for a rezone to be approved. The following information was provided for the November 14, 2023 briefing. It is included again for background purposes. The Council will be briefed about a proposal to amend the zoning map for properties at 711 and 721 South 1200 East from their current R-2 (Single- and Two-Family Residential) zoning to I (Institutional). In addition, the proposal calls for amending the Central Community Master Plan future land use designations from Low-Density Residential to Institutional. Private K-12 schools are not a permitted use in the existing R-2 zoning district but are in the proposed Institutional zone. The proposed amendments would allow expansion of the McGillis School campus for classes, meetings, assemblies, and administration. While the properties are zoned R-2, the building on the property has been the historic Douglas Ward Building (an Institutional use). The McGillis School is under an agreement to purchase the currently unused church building from the Church of Jesus Christ of Latter-day Saints. In their application, the Item Schedule: Briefing: November 14, 2023 Set Date: November 14, 2023 Public Hearing: December 5, 2023 Potential Action: December 5, 2023 Page | 2 petitioner stated an intent to repurpose the building built in 1950 for the school rather than demolish it and construct another building. There is some urgency to the request as the agreement stipulates that the entitlement period ends December 9, 2023. The School is requesting Council action on the rezone and master plan amendment prior to that date. Combined, the two parcels are approximately 0.57 acres and the historic building’s footprint is roughly 8,800 square feet. The parcels are in a residential area primarily zoned R-2 shown in the zoning map below, with single-family homes, duplexes, and an apartment building nearby. The McGillis School’s other building is at the corner of 1300 East and 700 South, approximately 0.2 miles away as shown in the image below. It is anticipated that student drop off and pick-up will happen at the 1300 East building, and those participating in classes or other activities at the 1200 East building will walk between the two. This will reduce traffic impact to the surrounding neighborhood. There are sidewalks and a marked crosswalk between the two buildings. The McGillis School committed to necessary safety measures for students traveling between the buildings. Area zoning map with the subject parcels shown in red. Note-the McGillis School’s property is shaded in blue in the upper right corner of the image. Page | 3 Image (looking east) showing church building outlined in yellow, and McGillis School outlined in blue. Image courtesy of Salt Lake City Planning Division. The Planning Commission reviewed this proposal during its October 25, 2023 meeting and held a public hearing at which seven people, including a representative of the East Central Community Council, spoke. Six of the commenters were supportive of the proposal, and one was opposed. The person who spoke against the proposal cited concerns with additional foot and vehicle traffic. The Commission voted 8-0 to forward a positive recommendation to the City Council for both the zoning map and future land use map amendments with an additional recommendation that the Council discuss a potential development agreement or restrictive covenant limiting use of the property to a school or similar institutional function. 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 to include a condition recommended by the Planning Commission that the petitioner enter into a development agreement or restrictive covenant with the City limiting use of the property to a school or similar institutional function if the Council adopts the proposed zoning map and master plan amendments. ADDITIONAL INFORMATION The Council is only being asked to consider rezoning the property and amending the future land use map. 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 5-10 of the Planning Commission staff report and summarized below. For the complete analysis, please see the staff report. Consideration 1 – Compliance with the Standards for General Amendments Planning staff found the proposed zoning map amendment complies with standards outlined below and found in attachment D (pages 54-57) of the Planning Commission staff report. Page | 4 Consideration 2 – Compliance with City Goals, Policies, and General Plans It is Planning staff’s opinion that the proposals align with goals and principles found in Plan Salt Lake and the Central Community Master Plan including: •Maintain neighborhood stability and character. •Preserve and enhance neighborhood and district character. •Retain areas and structures of historic and architectural value. •Prohibit the location or expansion of institutional facilities that displace or remove residential uses. •Improve and strengthen relationships between institutions and residential neighborhoods. Consideration 3 – Impact on Adjacent Property Owners In their review of the proposals, Planning staff considered impact on adjacent property owners in three areas: height and setbacks, parking and traffic, and land use. Height and Setbacks As shown in the table below, building height in the I zone is a maximum of 35 feet, with additional height up to 75 feet through design review. For each foot above 35 feet all required yards must be increased by one foot. This is intended to move the height toward the center of the property, and away from adjacent properties. Planning staff found that the I zone’s height requirements and design review process will help mitigate height impacts to adjacent properties if a future change of use is requested. It is worth noting that the church building’s steeple has been removed. Parking and Traffic When an expansion of a zoning district is proposed, the City requires a traffic and parking study along with the application. The McGillis School believes that using the church building as a school will not significantly impact traffic or parking. The City Zoning Administrator reviewed the application, and following department comments that did not include parking and traffic concerns, waived the requirement for a study. A building permit would be required before using the church building as a school. McGillis would also apply for a shared or offsite parking agreement with the existing school. This can be done because the two buildings are so close to each other. As discussed above, under the proposal student drop-off and pick-up will continue at the existing school, and students will walk from one building to the other. Only a few administrative parking spaces are anticipated to be needed at the subject property which can be accommodated with existing spaces. Land Use Planning staff believes that use of the existing church as part of The McGillis School will allow for compatible use while preserving the building. It is their opinion that such a use will strengthen the school’s connections with the neighborhood. ZONING COMPARISON Attachment E (pages 58-61) of the Planning Commission staff report includes a comparison of existing R-2 and proposed I zoning. It is replicated here for convenience. Regulation Existing Zoning (R-2)Proposed Zoning (I) Lot Area/Width Places of worship: 12,000 square feet /80 feet) Other uses: 20,000 square feet/100 feet 20,000 square feet /100 feet Page | 5 Building Height The maximum height of buildings with pitched roofs is 28 feet, or the average height of other principal buildings on the block face, while the maximum height of a flat-roofed building is 20 feet. 35 feet, with approval for heights over 35 feet but not exceeding 75 feet through design review. Provided, that for each foot of height over thirty-five feet (35'), each required yard shall be increased one foot (1'). Front Yard/Setback For buildings legally existing on April 12, 1995, the required front yard shall be no greater than the established setback line of the building. Twenty feet (20') Side Yard/Setback Four feet (4'); provided, that on interior lots one yard must be at least ten feet (10') Twenty feet (20') Rear Yard/Setback Twenty five percent (25%) of the lot depth, but not less than fifteen feet (15') and need not exceed twenty- five feet (25'). Twenty-five feet (25') Parking The parking regulations for places of worship are 1 space per 6 seats or 1 space per 300 sq. ft., whichever is less. The square footage of the church building is 8781 therefore approximately 29 spots would be required. There are 9 spots onsite. 9/29 as a percentage is 31%. For the use as a private school the parking requirement would be about 22 stalls. Minimum Parking Requirement for K–12 private schools, elementary or middle, is 1 space per 20 students. The enrollment at McGillis School is approximately 430 students; therefore, the parking requirement would be 22 stalls. Other uses in the I Zone may have more stringent parking requirements. Lot Coverage For lots with buildings legally existing on April 12, 1995, the coverage of existing buildings shall be considered legal conforming. N/A Open Space See Lot Coverage The minimum open space area for any use shall not be less than forty percent (40%) of the lot area Maximum exterior wall height Exterior walls must be 20 feet adjacent to interior side yards, with height increasing by 1 foot for each foot of increased setback beyond the minimum required side yard. If approved with a reduced setback, wall height decreases by 1 foot. No limit. Landscape The landscaping required by this chapter shall be provided as a condition of building permit issuance for any addition, expansion or intensification of a property that increases the floor area and/or parking requirement by fifty percent (50%) or more. The zoning administrator may waive the landscaping requirement if an existing building is located in an area of the lot that is required to be landscaped and compliance with the landscaping requirements of this chapter necessitates removing all or a portion of an existing building. The landscaping required by this chapter shall be provided as a condition of building permit issuance for any addition, expansion or intensification of a property that increases the floor area and/or parking requirement by fifty percent (50%) or more. The zoning administrator may waive the landscaping requirement if an existing building is located in an area of the lot that is required to be landscaped and compliance with the landscaping requirements of this chapter necessitates removing all or a portion of an existing building. Page | 6 Analysis of Factors Attachment E (pages 54-57) 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 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. 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. 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 proposals are approved, and the property use is changed from a church to a private school. PROJECT CHRONOLOGY • June 23, 2023 – Petition for the zoning map amendment received by Planning Division. • July 18, 2023 – Petition assigned to Megan Booth, Principal Planner. Planning staff recommended the petitioner apply for a general plan amendment in addition to the zoning map amendment. • August 8, 2023 – Master plan amendment received by Planning Division. • August 10, 2023 – Notice sent to the East Central Community Council. • August 15, 2023 – o Early notification sent to property owners and residents within 300 feet of the proposal. o Proposal posted for an online open house. • September 29, 2023 – 45-day public comment period for recognized organizations ended. • October 13, 2023 – Planning Commission public hearing notices emailed to interested parties and residents/property owners who requested notice. Agenda posted to the Planning Commission website and the State of Utah Public Notice webpage. • October 14, 2023 – Public hearing notice sign with project information and notice of the Planning Commission public hearing physically posted on the property. Page | 7 • October 25, 2023 – Petitions reviewed by the Planning Commission and a public hearing was held. The Commission voted 8-0 to forward a positive recommendation to the City Council for both the zoning map and future land use map amendments with an additional recommendation that the Council discuss a potential development agreement or restrictive covenant limiting use of the property to a school or similar institutional function. • October 26, 2023 – Draft ordinance sent to the City Attorney’s Office and the signed ordinance was received the same day. • October 30, 2023-Transmittal received in City Council Office.