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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 4, 2021 RE: Zoning Map Amendment for Properties Located at Approximately 706 to 740 West 900 South, 710 to 739 West Genesee Avenue, and Portions of Two Unnamed Alleys From M-1 to R-MU PLNPCM2019-01137 and PLNPCM 2020-00442 APRIL 20 MEETING SUMMARY At its April 20, 2021 meeting the Council voted to adopt an ordinance on the subject zoning map amendment. To correct a technical error, the Council may consider a motion at its May 4 meeting to reconsider the previous motion. It may then consider a motion to adopt an ordinance with conditions recommended by the Planning Commission; adopt an ordinance without conditions recommended by the Planning Commission; defer action to a future Council meeting; or reject the ordinances. The applicant is supportive of conditions recommended by the Planning Commission. MARCH 16 MEETING SUMMARY At its March 16, 2021 meeting the Council voted to defer action to a future Council meeting. Since that date the applicant requested a Council vote at its earliest convenience. The following information was provided for the March 2 public hearing. It is provided again for background purposes. PUBLIC HEARING SUMMARY Item Schedule: Briefing: February 16, 2021 Set Date: February 16, 2021 Public Hearing: March 2, 2021 Potential Action: March 16, 2021, April 20, 2021, and May 4, 2021 Page | 2 Seventeen people spoke at the March 2 public hearing. The majority were in favor of rezoning the property to R-MU. A few expressed concerns with building height allowed within the R-MU zone and stated they believed R-MU-35 would be more appropriate due to building height being limited to 35 feet. Three people from Summum, a religious organization adjacent to the property, spoke in opposition to the rezone citing concerns about a large building blocking sunlight on its property, and potential parking issues. The Summum representatives also prefer rezoning the property to R-MU-35. The Council closed the public hearing and deferred action to a future Council meeting. The City Council’s role is limited to determining if the proposed zoning change is appropriate for the parcels and surrounding area based on other land uses and zones in the area. This is a narrowly different decision than what will be built on a particular parcel, which the Council does not decide. A chart summarizing the current and proposed zoning designations is found on page 4 of this report. If the zoning change is approved by the Council, the property owners will work with City Building Services on details, building plans, and permits. The following information was provided for the March 2 public hearing. It is provided again for background purposes. WORK SESSION SUMMARY A Council Member asked if the housing units are anticipated to be leased or owner occupied and if there are plans to include affordable units. The applicant said he envisions a diverse mix of housing types including townhomes, live/work units, and small units. He isn’t currently planning on owner occupied units. Affordable housing units will be determined by financing. The hope is smaller units will be at more affordable price points. The applicant further stated the community expressed a desire for businesses and restaurants in the neighborhood. He believes there needs to be increased housing density to support those businesses. Council Member Johnston reiterated community support for redeveloping the property. He discussed a meeting he had with Summum, a religious organization adjacent to the subject site. Summum’s concerns with the project are centered on a large building blocking sunlight from its property, as well as noise and additional vehicles taking the limited on-street parking. Council Member Johnston asked Planning staff to talk through the potential for a building on the subject site to not have a rear or side yard setback requirement. Planning staff stated yard requirements will be determined when a site plan is submitted. Council Member Johnston expressed the need to balance desirable redevelopment in the area with Summum’s existing needs for its religious practices. He asked the applicant to share their reasons for requesting R-MU zoning as opposed to form based zoning. The applicant stated a large portion of the site contains the existing buildings. To create critical mass supporting future businesses in the buildings they would like additional height allowed under R-MU that is not available in form-based zoning. R-MU zoning encourages activation of street uses. In addition, the applicant stated including the D-2 design standards will further enhance street level engagement and give the City more control over the development. The following information was provided for the February 16 work session. It is provided again for background purposes. Page | 3 The Council will be briefed about an ordinance to amend the zoning map for properties located at approximately 706 to 740 West 900 South, 710 to 739 West Genesee Avenue, and portions of two unnamed alleys adjacent to the properties. (Note: The Council voted to vacate one of the alley segments in August 2020 and was briefed on vacating the other alley segment in January 2021. A public hearing on vacating the second alley segment is scheduled for March 2 with a potential Council vote March 16, 2021.) An aerial image of the subject parcels and alley segments is below. The subject parcels are currently zoned M-1 (Light Manufacturing) and the request is to change the zoning designation to R-MU (Residential Mixed Use). Two existing commercial buildings on the parcels are planned to be rehabilitated for restaurant and retail type uses which are permitted under both the current M-1 as well as the proposed R-MU zoning designations. This rezone is being requested to allow future development of the vacant eastern portion of the site for high density multi-family housing. Residential uses are not permitted in the current M-1 zoning designation. Though no development plan has been submitted, conceptual renderings are included in on pages 125-133 of the Administration’s transmittal. There are two separate petitions related to this zoning map amendment. The Planning Commission reviewed them separately and voted to forward positive recommendations to the City Council on both petitions. Conditions of the Planning Commission’s positive recommendations are included in the Additional Information section below. The Administration included both rezone petitions in one transmittal and they are combined in this report. Council Member Johnston is scheduled to meet with the applicant and concerned neighbors to discuss impact of the rezone. At the time the staff report was prepared that meeting had not happened, however staff will update the Council on this meeting during the work session briefing. A summary of the concerns is below. Summum, a religious organization that owns abutting property north of the subject properties, objects to the proposed rezone. According to a letter submitted to the Planning Commission by its attorneys, Summum believes buildings constructed to the height allowed under the R-MU zoning designation would reflect and intensify noise from the nearby I-15 freeway onto its temple and gardens, negatively impacting the peace and serenity of the site. Summum recommended rezoning the subject parcels to R-MU 35 which would limit building height to 35 feet. The organization believes lower building height will better protect the atmosphere at its property. It should be noted under the existing M-1 zoning designation the maximum building height is 65 feet, though residential buildings are not permitted in M-1. Page | 4 Aerial image of subject property outlined in yellow. Alley segment in green was vacated by the City Council in August 2020. Alley segment in red is scheduled for a public hearing March 2, with a potential Council vote March 16, 2021. Goal of the briefing: Review the proposed zoning map amendment, determine if the Council supports moving forward with the proposal. POLICY QUESTIONS 1.The Council may wish to ask what changes, if any, were made as a result of the public process since the Planning Commission meetings. 2.The Council may wish to ask if the applicant is considering partnering with the City on potential incentives, such as the Revolving Loan Fund, for affordable housing. ADDITIONAL INFORMATION The Planning Commission included two conditions as part of its recommendation. First, is to include a requirement for the applicant to purchase the above-mentioned alley segments, provided the Council approves vacating the second alley segment. The other condition is to impose additional design standards. These additional standards are discussed in the Key Considerations section below. A chart briefly summarizing regulations for the current M-1 zoning designation and proposed R-MU designation is below. A full chart comparing the two zoning designations is found in Attachment C on pages 56-59 of the Administration’s transmittal. Page | 5 KEY CONSIDERATIONS Two key considerations were identified through Planning’s analysis of the proposed project, neighbor and community input, and department reviews. A summary of each is below. See pages 32-34 of the Administration’s transmittal for the complete analysis. Consideration 1: Existing City Plan Guidance – Westside Master Plan For zoning map amendments, Planning staff considers associated City master plans and applicable adopted policies. The subject parcels are within the Westside Master Plan boundaries. In addition, Planning staff considered policies within Plan Salt Lake when reviewing this application. A summary of the Westside Master Plan guidance is below. Please see Attachment D (pages 60-62 of the Administration’s transmittal) for the full analysis of City plans Planning staff considered. The proposed project’s location on 900 South and the 700 West industrial corridor is an area the Westside Master Plan identifies as an important gateway into the larger Westside community. Five of six routes to the Westside from the east pass through the 700 West Industrial Corridor making it a significant part of the eastern gateways to the Westside. Planning staff noted “A first-time visitor to the community, regardless of their mode of transportation, is first greeted by a land use and development pattern that is not representative of the true character of the community. During the public input gathering process for the Westside Master Plan, 900 S was generally considered the gateway in need of the most attention.” Planning further noted “The proposed R-MU zoning district provides for a vibrant mix of uses that are more consistent with the future development goals envisioned for this area, than what could be developed under the existing M-1 zoning designation.” It is Planning’s opinion the proposed rezone is consistent with master plan goals promoting reinvestment and redevelopment. They found the subject parcels are underutilized and mostly vacant land in an area the master plan identified as appropriate for high density housing. Consideration 2: Design Standards Under the proposed R-MU zoning district, only two design standards apply to new developments. They are a requirement for 40% ground floor glass on street facing façades, and a 15-foot maximum length of any blank wall uninterrupted by windows, doors, art, or architectural detail on the ground floor level along a façade facing the street. Structured parking or some other use not consistent with the active pedestrian-oriented design envisioned in the area’s master plan could be included without additional design standards. The Planning Commission adopted Planning staff’s recommendation to impose design standards in section 21A.37 of the zoning ordinance applicable to the D-2 (Downtown Support) zoning district to any new project on the subject parcels developed under the proposed R-MU zoning district. These are included in the following table. Page | 6 ANALYSIS OF STANDARDS Attachment E of the Planning Commission staff report (pages 63-65 of the Administration’s transmittal) outlines zoning map amendment standards that should be considered as the Council reviews this proposal. Planning staff found this proposal complies with applicable standards. Please see the Planning Commission staff report for full details. PUBLIC PROCESS • September 25, 2019 Prior to submitting application, applicants attend the Poplar Grove Community Council meeting to discuss plans to submit a zoning map amendment. • January 9, 2020 Notice sent to Poplar Grove and Glendale Community Councils informing them of the petition. Early notice was also sent to property owners and residents within 300 feet of the project area. A Planning Division Open House was also held this day at the Salt Lake City Library. • March 26, 2020 Planning Commission public hearing notices mailed to nearby residents and property owners. Email notice sent to interested parties and residents/property owners who requested notice. Newspaper notice published. Public hearing notices posted on the site. • April 8, 2020 Planning Commission holds a public hearing and forwards a positive recommendation with conditions to the City Council on the proposed rezone. • April 16, 2020 Applicant requests delay in transmitting proposal because they want to add property to the rezone request, which requires a new map amendment application. • July 13, 2020 Notice sent to Poplar Grove and Glendale Community Councils. Early notification sent to property owners and residents within 300 feet of the project area. Notice of an online open house posted on Planning’s website with information about where to learn more about the project and who to contact with questions and comments. Page | 7 • October 2, 2020 Planning Commission public hearing notices mailed to residents and property owners within 300 feet of the project area. Email notice sent to interested parties and residents/property owners who requested notice. Newspaper notice published. Public hearing notice signs posted on the site. • October 14, 2020 Planning Commission holds a public hearing and forwards a positive recommendation to the City Council for the proposed rezone.