PLANNING COMMISSION STAFF REPORT

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1 PLANNING COMMISSION STAFF REPORT MEETING DATE: 19 January 2017 APPLICANT: South Salt Lake City PROJECT NUMBER: T REQUEST: APPLICANT: PREPARED BY: Recommendation to the South Salt Lake City Council to amend Chapter of the South Salt Lake Municipal code. The ordinance amendment petition (T ) proposes amending to establish standards to allow for indoor only automobile sales. Tony Ouzounian Francis Xavier Lilly, AICP, Deputy Director SYNOPSIS: Tony Ouzounian is petitioning the Planning Commission and City Council to amend the zoning ordinance allow for indoor-only automobile sales on small properties in commercial and industrial zones where auto sales are currently permitted. Currently, Section of the Municipal Code stipulates that new auto sales businesses require at least one acre of display area and 200 feet of frontage. The proposed changes would exempt automobile dealerships from the acreage and frontage requirements as long as all display and inventory vehicles are stored indoors, and that the business has a showroom that meets the City s design standards. The current code also includes automobile rental businesses in this requirement; this application proposes exempting rental businesses from the standards. Staff recommends approval. STAFF ALTERNATIVES Recommendation to the South Salt Lake City Council to amend Chapter of the South Salt Lake Municipal code. The ordinance amendment petition (T ) proposes amending to establish standards to allow for indoor only automobile sales, and to exempt rental businesses from the special requirements established in the ordinance. 1. The proposed ordinance is consistent with the General Plan goals of regulating land uses based on compatibility with surrounding uses and determining economic advantages and capitalizing on them. 2. The proposed ordinance is consistent with the goal of the land use code to provide for the health, safety, and welfare, and promote the prosperity, improve the morals, peace and good order, comfort, convenience, and aesthetics of the city of South Salt Lake and its present and future inhabitants and businesses. As well as to enhance the quality of life in South Salt Lake by improving the community s appearance, safety, education, positive outlook, gathering places and positive momentum. Continuance, due to issues raised during the staff presentation.

2 PLANNING COMMISSION STAFF REPORT Analysis: The applicant is seeking an amendment to the South Salt Lake Municipal Code that would enable him to operate an indoor-only automobile dealership in a new building he intends to construct at 3333 South 200 East, in the Commercial Corridor land use district. The applicant recently received approval, This change would permit indoor-only automobile sales in the commercial and industrial districts where automobile, boat, trailer, and camper sales are currently permitted. Currently, the city requires that all such businesses have at least one acre of display area and 200 feet of frontage. Under the proposal, automobile dealerships that store all their display and inventory vehicles indoors and make use of a showroom that meets the commercial design standards and is at least 1,500 square feet in size would be exempt from the area and frontage requirements. While staff supports the general frontage and acreage requirement for automobile, boat, camper, and trailer dealerships, staff believes that an exception could be made for dealerships that display their inventory indoors. Provided that design standards are met and that all other requirements of the automobile sales standards are adhered to, indoor-only automobile sales could enhance the business environment in the City. As part of this application, staff is proposing amending the requirements to remove rental businesses from the area and frontage requirements. Staff believes that these businesses can be regulated using the city s existing parking, landscaping, and commercial design standards. General Plan Considerations: Goal LU-1. Regulate land uses based on compatibility with surrounding uses, residential areas, and economic feasibility. Maintain residential, business and industrial areas that are vibrant and where the health and safety of all are protected. Goal ES-1. Determine all of South Salt Lake s economic advantages and capitalize on them. Goal ES-3. Enhance the quality of live in South Salt Lake by improving the community s appearance, safety, education, positive outlook, gathering places and positive momentum. Ordinance Requirements and Considerations: Land Use Amendment Procedure: Amendments. A. Amendments to the Zoning Map. Amendments to the zoning map shall be made in compliance with the provisions of this chapter and Utah State Code Annotated. B. Initiating Amendments and Corrections. Any citizen, property owner, the planning commission, the city council, or the community development director may initiate proposals for change or amendment of the South Salt Lake General Plan or any chapter or regulation of this code or the official city zoning map.

3 C. Application. Any person seeking an amendment to the land use code or zoning map shall submit an application with the community development department indicating the change desired and how the change will further promote the goals and objectives of the general plan. Application will be processed and noticed to the public, when applicable, according to this code and Utah Code Annotated. Applications will be processed in an efficient manner in order to not cause the applicant unwarranted delays. D. Planning Commission. The planning commission shall: 1. Fulfill all duties outlined in state statute that are to be performed by the planning commission. 2. Prepare and recommend to the city council the general plan or amendments to the general plan, any proposed land use ordinance or ordinances and a zoning map, and amendments thereto that represent the planning commission's recommendation for regulating the use and development of land within all or any part of the area of the municipality. 3. Hold a public hearing on a proposed land use ordinance or zoning map amendment. E. City Council. The city council: 1. May adopt or amend: a. The number, shape, boundaries, or area of any zoning district on the official city zoning map; b. Any regulation of or within the zoning district; or c. Any provision of the development code. 2. The municipal legislative body shall consider each proposed land use ordinance and zoning map recommended to it by the planning commission, and, after providing notice as indicated in this code and Utah State Code Annotated and holding a public meeting, the legislative body may adopt or reject the ordinance or map either as proposed by the planning commission or after making any revision the municipal legislative body considers appropriate. The city council is not bound by any recommendation from the planning commission Purpose of the land use code. A. The purposes of this title are to provide for the health, safety, and welfare, and promote the prosperity, improve the morals, peace and good order, comfort, convenience, and aesthetics of the city of South Salt Lake and its present and future inhabitants and businesses, to protect the tax base, to secure economy in governmental expenditures, to foster the city's agricultural and other industries, to protect both urban and nonurban development, to protect and ensure access to sunlight for solar energy devices, to provide fundamental fairness in land use regulation, and to protect property values. B. To accomplish the purposes of this chapter, the city may enact all ordinances, resolutions, and rules and may enter into other forms of land use controls and development agreements that it considers necessary or appropriate for the use and development of land

4 within the city, including ordinances, resolutions, rules, restrictive covenants, easements, and development agreements governing uses, density, open spaces, structures, buildings, energy efficiency, light and air, air quality, transportation and public or alternative transportation, infrastructure, street and building orientation and width requirements, public facilities, fundamental fairness in land use regulation, considerations of surrounding land uses and the balance of the foregoing purposes with a landowner's private property interests, height and location of vegetation, trees, and landscaping, unless expressly prohibited by law. C. This code is adopted to implement the city of South Salt Lake's general plan and to promote public health, safety, convenience, aesthetics, welfare, stable land values, efficient land use, sustainable land use and building practices, crime prevention, transportation and accessibility, and efficiency in land use review and administration. D. The land use code is also established to facilitate orderly growth and development in the City of South Salt Lake and to enhance the lives of the citizens of the city. E. The land use code intends to establish a fair and efficient process for development and land use applications, as accomplished through the delegation of powers among city officials and a transparent review process. STAFF ALTERNATIVES: Recommendation to the South Salt Lake City Council to amend Chapter of the South Salt Lake Municipal code. The ordinance amendment petition (T ) proposes amending to establish standards to allow for indoor only automobile sales, and to exempt rental businesses from the special requirements established in the ordinance. 1. The proposed ordinance is consistent with the General Plan goals of regulating land uses based on compatibility with surrounding uses and determining economic advantages and capitalizing on them. 2. The proposed ordinance is consistent with the goal of the land use code to provide for the health, safety, and welfare, and promote the prosperity, improve the morals, peace and good order, comfort, convenience, and aesthetics of the city of South Salt Lake and its present and future inhabitants and businesses. As well as to enhance the quality of life in South Salt Lake by improving the community s appearance, safety, education, positive outlook, gathering places and positive momentum. Continuance, due to issues raised during the staff presentation. Attachments: 1. Proposed Automobile, Boat, Trailer, or Camper Sales Ordinance Special Requirements 2. Applicant Letter and Building Elevation

5 Automobile, boat, trailer or camper sales or rental Special requirements. Notwithstanding other regulations to the contrary, businesses in this category shall have the requirements as listed in this section as the considered normal condition and shall be subject to design review standards. A change of use on the property is subject to all requirements listed in this section. A. Landscaping shall be required along any street frontage and shall be subject to design review standards found elsewhere in this title. B. Buildings must meet the minimum setback requirements of the zone as determined by design review standards. C. Designated customer parking must be provided at a ratio of one space for every twenty (20) vehicles displayed with a maximum of fifteen (15) spaces required. A minimum of three employee parking spaces must be provided. Off-street customer and employee parking spaces must be identified. D. All buildings other than sales offices only must provide additional designated parking spaces at a ratio of one space per five hundred (500)a square feet of floor space. E. All businesses adjacent to residential zones shall require design review approval from the planning commission. F. Where any business is adjacent to a residential zone, a buffer between the residential zone and the business shall be required. The city shall establish the extent of the buffer, which may include walls, landscaping, special setbacks or other items or combination of items as deemed appropriate to mitigate the impact upon the adjacent residential area. The city shall consider the visual appearance of the site, the traffic flows, noise, light and the size and usage of adjacent streets or alleys, the extent of the business operation and other factors in determining the buffer requirements. G. Outside loudspeakers, lighting which intrudes into adjacent properties, deliveries before seven a.m. or after ten p.m., the use of public streets for loading and unloading, repair work outside of a building, and any other public nuisance conduct shall be prohibited. H. For the purposes of maintaining safe access and to promote uncluttered and attractive displays, all outside automobile, boat, trailer and camper displays must be done in a manner consistent with parking lot requirements and such that all individual units can be relocated without the necessity of relocating others first. I. All automobiles, boats, trailers or campers displayed shall meet all requirements of law at all times, shall be in operating condition, shall not have flat tires or broken windows, shall be in operating condition and shall be capable of being licensed and registered without additional repair or alteration. J. The minimum outdoor lot display area, not including any buildings, for any automobile, boat, trailer, or camper sales or rental business shall be one acre. The one acre of required display area shall be located in the front and side yard areas. Lot area behind a building shall not be counted as required display area. All vehicle display areas shall be required to be hard surfaced as established in the City s Parking, Access, and Circulation Requirements. found under Section When a parcel of property is larger than one acre and if the parcel contains more than one business, an automobile, boat, trailer, or camper sales or rental business may be located on that parcel if, as determined by this title: 1. The required parking; 2. Landscaping; 3. Ingress and egress points are provided for the other businesses; and 4. If the outdoor lot display area devoted to the automobile, boat, trailer or camper sales or rental business is a minimum of one acre in area. K. The minimum lot frontage shall be two hundred (200) feet in width. The frontage of corner lots shall be determined by the street on which the property is addressed as recorded at the Salt Lake County recorder's office.

6 L. Automobile, boat, trailer or camper sales businesses are exempt from the acreage and frontage requirements established in this chapter provided all inventory is stored and displayed indoors. Indoor-only automobile, boat, trailer, or camper sales businesses are subject to all applicable requirements of this chapter, and the following standards: 1. Sales of vehicles must be conducted entirely within a fully-enclosed building consisting of a showroom that is no smaller than 1,500 square feet in area. 2. Showroom spaces shall be visible from the exterior of the building, through the use of windows, storefronts, or other architectural elements that give the appearance of a storefront or commercial retail building. 3. Outdoor sales, display, and storage of automobiles, boats, trailers, or campers is prohibited. 4. Parking associated with indoor-only automobile, boat, trailer, or camper sales businesses shall only be used for customers and employees.

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