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Entity Staff Report - 7/4/2021CITY 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:May 18, 2021 RE: Zoning Map Amendment: 2058 North 2200 West from AG-2 to M-1 PLNPCM2018-00657 WRITTEN BRIEFING UPDATE At the April 6 Council written briefing, there were no Council Member questions. The following information was provided for the April 6, 2021 Council briefing. It is provided again for background purposes. MAY 4, 2021 UPDATE Prior to the July 16, 2019 meeting at which the Council was scheduled to vote on this item, the applicant requested the Council postpone voting until he and the adjacent property owner, Nathan Sainsbury, came to an agreement both parties were comfortable with. Since then the applicant purchased Mr. Sainsbury’s property at 2060 North 2200 West. The applicant intends to submit a separate rezone application for that property in the coming weeks. The applicant asked the Council to consider acting on the subject zoning map amendment now that he owns the adjacent parcel previously owned by Mr. Sainsbury. This is tentatively scheduled for May 18, 2021. PUBLIC HEARING SUMMARY Nathan Sainsbury, owner of 2060 North 2200 West, spoke at the July 9, 2019 public hearing. His property is surrounded on three sides by the property proposed to be rezoned. Mr. Sainsbury noted concerns of increased traffic and noise as well as negative impact to his property value should the surrounding property be rezoned. He was the only person to comment at the hearing. Item Schedule: Briefing: March 26, 2019 Written Briefing: May 4, 2021 Set Date: June 11, 2019 Public Hearing: July 9, 2019 Potential Action: July 16, 2019 Potential Action: May 18, 2021 Page | 2 The Council closed the public hearing and deferred action to a future Council meeting. The Council is scheduled to consider taking action July 16. BRIEFING UPDATE At the March 26, 2019 briefing, Council discussion focused primarily on impacts to the property owner at 2060 North 2200 West whose property is surrounded on three sides by the subject property. Council Member Rogers said he would like to talk with this property owner. The Council pulled the item from the consent agenda and did not schedule a public hearing to allow time for that meeting to happen. Council Member Rogers met with the 2060 North 2200 West property owner during which the owner expressed opposition to the rezone. Following the briefing Planning staff sent an email clarifying a statement about a large rezoning that happened in 2017. During the briefing it was stated the Council amended AG-2 (Agricultural) zoning to M-1 (Manufacturing) along 2200 West. The email clarified zoning was changed from BP (Business Park), not AG-2 to M-1. Parcels in the area zoned AG-2 would retain that zoning designation until property owners applied to rezone them to M-1. Since the briefing, other property owners to the east of the subject parcel submitted applications to rezone their parcels to M-1. A public hearing is scheduled for July 9, 2019. The following information was provided for the March 26, 2019 Council briefing. It is provided again for background purposes. The Council will be briefed about an ordinance to amend the zoning map for an approximately 2.68 acre parcel located at 2058 North 2200 West from AG-2 (Agricultural District) to M-1 (Light Manufacturing). This is one of five properties currently zoned AG-2 fronting on 2200 West between North Temple and 2100 North. The other parcels zoned AG-2 are 1980, 1998, 2004 and 2060 North 2200 West. With the exception of these parcels and some others adjacent to North Temple, which are zoned Mixed Use Transit Station, all other parcels along 2200 West between 2100 North and North Temple are zoned M-1. The property owner would like to change the zoning of this parcel in order to more closely align with the master plan future land use designation and to accommodate potential future commercial uses. Although no development request has been submitted, the applicant suggested to Planning staff future development could include a gas station and/or storage units, both of which are permitted uses in the M-1 zone, but not the AG-2 zone. The owner of the subject parcel at 2058 North 2200 West is in negotiations to purchase the adjacent 0.64 acre parcel at 2060 North 2200 West which is surrounded on three sides by the 2058 North parcel (shown in the image below). The owner of 2060 has not expressed concern or objection to rezoning the subject parcel. It should be noted the adjacent parcel is not part of this petition and may be the subject of a future zoning map amendment. Planning staff recommended and the Planning Commission forwarded a positive recommendation to the City Council for this rezone. Page | 3 Aerial view of subject parcel outlined in pink and adjacent parcel in yellow Goal of the briefing: To review the proposed zoning map amendment, determine if the Council supports moving forward with the proposal and direct staff to prepare for a public hearing. POLICY QUESTION 1. Does the Council support the Planning Commission’s recommendation to adopt the proposed changes? ADDITONAL INFORMATION The Planning Commission staff report (pages 18-19 of the Administration’s transmittal) identifies two key issues. A short description of each issue and the finding is provided below for reference. Please see the Planning Commission staff report for full analysis. 1. Master Plan Recommendations The Northpoint Small Area Plan was adopted in 2000 and includes the subject property. The plan shows future land use of this area as Business Park (BP) which was consistent with zoning put in place during the citywide zoning amendment project in 1995. While the Northpoint Small Area Plan identifies this area as a Business Park, it states the BP zone should be amended to allow retail and service type businesses to support the area’s employee base. BP zoning allows retail and restaurant uses only if they are approved as part of an overall business park planned development. They are not allowed as single uses on a property, which limits feasibility of these uses in the area. Although the proposed M-1 zoning is not strictly consistent with the future land use designation in the Northpoint Small Area Plan, Planning staff believes the zoning amendment is consistent with the plan’s intent for the following reasons: Page | 4 a) The plan highlights a need for retail and services for the area’s future employees. The M-1 district allows single-tenant retail and service uses which could serve area employees. b) Uses in the M-1 district are required to be environmentally clean, light industrial. Heavy manufacturing is not allowed. c) Mitigation measures included in M-1 zoning will protect existing AG properties as noted in issue 2 below. 2. Adopted Mitigation Measures Chapter 21A.28.020 Salt Lake City Code was previously amended to add buffer yards for properties adjacent to AG-2 and AG-5 properties. These measures were adopted to ensure adequate buffering between future commercial development on 2200 West and remaining agricultural zoning and uses. The initial application proposed changing the current AG-2 zoning to CG (General Commercial). Planning staff encouraged the applicant to amend the initially proposed CG zoning to M-1 in order to apply mitigation measures for adjacent properties zoned AG-2. Attachment G of the Planning Commission staff report (pages 37-38 of the Administration’s transmittal) outlines standards that should be considered as the Council reviews this proposal. Planning staff found this proposal complies with all applicable standards. (Note-Planning staff found Standard 5 is not applicable as noted below.) An outline of the analysis is summarized below, please see the Planning Commission staff report for full details. 1. 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. Planning staff is of the opinion the proposal is consistent with the intent of the Northpoint Small Area Master Plan. 2. Whether a proposed map amendment furthers the specific purpose statements of the zoning ordinance. Proposed zone changes would support the following zoning ordinance purposes: o Protect the tax base o Foster the City’s industrial, business and residential development 3. The extent to which a proposed map amendment will affect adjacent properties. Previous text amendments provide for larger buffer yards in the M-1 zoning district to protect existing agricultural uses. Planning staff found the current M-1 development standards appropriately buffers existing AG-2 properties. 4. Whether a proposed map amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards. The project area is partially located in Airport Flight Path Protection Zones A and B. In the event of a conflict on uses of the property, overlay district regulations would prevail. 5. 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, storm water drainage systems, water supplies, and wastewater and refuse collection. (Not applicable at this time.) The proposal is only for a zoning map amendment and not tied to a development request. Future requests would be reviewed to ensure compliance with City codes and policies. Page | 5 PUBLIC PROCESS A letter providing early notification of the proposed zoning map amendment was mailed September 19, 2018 to residents and property owners within 300 feet of the subject parcel. The Westpointe Community Council was notified via email September 19, 2018. The community council did not request a presentation or additional information from Planning staff or the applicant. A second notice was sent to residents and property owners November 19, 2018. One phone call was received by Planning staff from an abutting property owner expressing concern about encroaching M-1 zoning, but understands this is the intended zoning for 2200 West. No objections to the proposed zoning map amendment were raised by any City department. The Planning Commission held a public hearing at its November 28, 2018 meeting. No comments were received. The Planning Commission voted unanimously to forward a favorable recommendation to the City Council.