PLANNING COMMISSION STAFF REPORT MEETING DATE: 16 May 2013 APPLICANT: V&K Investments, LLC REQUEST: Zoning Map Amendment for 3232 South 300 East ZONE: Single-Family Residential to Commercial Corridor PREPARED BY: Francis Xavier Lilly, AICP SYNOPSIS: V&K Investments, LLC is petitioning the Planning Commission to make a recommendation to the City Council to amend the City Zoning Map affecting his property at 3232 South 300 East. Mr. Ostler is seeking to change the zone at his property from Single- Family Residential (R1) to Commercial Corridor (CC). Although the property is zoned single family, it has been a functioning parking lot serving commercial uses for approximately 13 years. The use as parking is currently nonconforming. This zone change will allow for conforming commercial redevelopment to occur on the property. Due to its adjacency to existing residential, any land use application will be subject to design review standards intended to mitigate the potential for conflict between commercial and residential land uses. SUMMARY: The petition would change the existing zoning at 3232 South 300 East from Single Family Residential (R1) to Commercial Corridor (CC). While the Future Land Use Map indicates medium density residential at this site, it is extremely difficult to develop a conforming residential use on the site due to its configuration. The map may have designated this use in error, since the property has been a functioning parking lot serving commercial uses for many years. The general plan also designated the intersection of 3300 South and 300 East as a Neighborhood Commercial Node. This petition will not result in commercial encroachment into existing residential neighborhoods and will achieve the General Plan s broader objective of creating a commercial node at 3300 South and 300 East. Staff will amend the Future Land Use Map as part of a community-wide zoning map amendment scheduled for this autumn. Any new structure proposed for this site will be subject to design review by the planning commission, as the site is adjacent to an existing residential land use district. Staff recommends approval.
PLANNING COMMISSION STAFF REPORT General Information: Location: Property Size: 3232 south 300 East 0.49 acres Surrounding Zoning and Land Uses North: Single-Family Residential (Rockingham Court PUD) South: Commercial Corridor (strip mall) East: Single-Family Residential (church) and Commercial Corridor (Auto sales and service, public utility) West: Commercial Corridor (theater parking) Figure 1: Existing Zoning Requirements: 17.01.140 - Zoning map adopted. The zoning map for the city of South Salt Lake as adopted by the city council and executed by the mayor is the official zoning map for the city. Upon amendment to the official zoning map, the mayor shall execute a new map, or re-execute the existing map with the amendments noted thereon. (Ord. No. 2012-01, 4-4-2012)
17.01.150 - 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. 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. (Ord. No. 2012-01, 4-4-2012) 17.01.160 - Resubmission of the zone code or zoning map amendment. If an application for amendment is denied by the city council, resubmission of an
application for the same amendment shall not be allowed for a period of twelve (12) months unless significant new facts or information are presented. If there is a substantial change in facts, circumstances and evidence, the applicant shall submit a written request to the community development director to consider a resubmittal of a second application before the twelve-month period expires. (Ord. No. 2012-01, 4-4-2012) General Plan Considerations: Figure 2: Future Land Use 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. As indicated on the future land use map, the intersection of 3300 South and 300 East was designated as a neighborhood commercial node. There are already a number of small-scale retail uses at this intersection, including a bakery, two distinctive restaurants, Rezoning this parcel will allow for commercial development potentially as a small office use that will expand the node. The parcel has been used as parking for at least 13 years, and is currently nonconforming. Rezoning will allow for a conforming commercial use to be established. Any commercial use will be subject to design standards, including buffering and height requirements, intended to minimize the impact to surrounding residential uses. Policy LU-1.1.1: Do not allow encroachment into existing residential areas on a lot-bylot basis. If encroachment is allowed into a residential area, it should be done on a larger scale with significant amenities and buffers installed to upgrade the neighborhood. Staff has long used this policy to protect residential neighborhoods against encroachment. In this case, the existing use is a parking lot not residential. The applicant approached the
City on two occasions to discuss developing the site as residential. A review of the City s land use ordinances and fire codes make the development of desirable residential a difficult proposition for the site. Since the existing use is a nonconforming commercial use in a residential zone, and developing the site as residential poses significant logistical challenges, staff believes that this request does not constitute commercial encroachment into a residential neighborhood. Goal LU-3. Appropriately seek the redevelopment of legal non-conforming uses, properties and structures to be more conforming over the long term. The General Plan encourages staff to work with property owners to redevelop nonconforming properties in a way that reduces or eliminates the nonconformity; in this case, after reviewing multiple applications for conforming residential uses, staff believes that the best alternative is to rezone the property to allow for a conforming commercial use, subject to the design standards that apply to commercial development adjacent to residential uses found in 17.24 of the municipal code. Goal ES-3. Enhance the quality of life in South Salt Lake by improving the community s appearance, safety, education, positive outlook, gathering places and positive momentum. Objective ES-3.1: Continue to revitalize South Salt Lake s commercial district specifically Main Street and State Street. Policy ES-3.1.2. Strive to provide a wide range of goods and services to residents and businesses in commercial areas and nodes. Change zoning as needed to accomplish the policy. If approved, the rezone will allow for the construction of a commercial structure. Staff would apply the design standards relative to commercial buildings in the City. In early discussions with the applicant, staff indicated their requirement that the proposed building be close to the street, have a pedestrian entrance, be no taller than the adjacent residential structure, and have a 7- to 10-foot landscaped buffer between the building and the property line to the north. According to 17.24.310 of the municipal code, the Planning Commission is the design review authority for all development that takes place adjacent to residential land use districts. Staff Analysis: The subject property is long and narrow, and the southern property line is only 30 feet from the strip mall to the south. The north side of the strip mall is used for employee and delivery access. Staff has worked with the applicant on at least two proposals for residential uses over a series of predevelopment consultations since 2011. None of the proposals submitted produced a compelling residential use, and since residential uses require fencing and buffering, the proposals resulted in constrained access to the strip mall and would possibly trigger parking nonconformities for the commercial uses as well. Developing the site as a commercial use will allow for a structure that could be built in a way to preserve access to the existing commercial uses. The applicant is considering a proposal that would keep most of the existing parking intact, thereby resolving the potential for a parking nonconformity.
The General Plan includes a number of recommendations that support the creation of vibrant neighborhood commercial nodes. A small scale office or commercial use on this property is consistent with that goal. If the rezone is approved, the following corridor commercial uses would be allowed per 17.15 of the municipal code. ATV/Motorcycle sales and service * Animal hospital / Veterinarian * Animal Kennel / Daycare * Art gallery Art studio * ATM / kiosk / vending machine Auto, RV, boat, trailer dealerships ** Auto service and repair * Non-mechanical automotive service * Neighborhood bakery Barber shop or beauty salon Commercial blood/plasma donation center * Bowling alley * Car wash * Church * Commercial repair services * Convenience store Cultural buildings Dance studio Adult commercial day care * Child commercial day care Day spa Drive up window Dry cleaning and Laundromat After school program * Education * Farmers Market * Financial Institution Fitness Center * Funeral Home * Grooming services Horticulture/Produce sales * Hospital * Hotel * Library Martial arts studio Massage therapy Medical, dental, and health care Health care lab/research Nursery or greenhouse * Professional office Outdoor sales and display Commercial parking * Parking structure * Pedestrian pathways Permanent make-up (not including tattoos) Pharmacy * Commercial condominium * Temporary portable shipping container Printing and copy stores Government service / accessory building * Public utility station * Recreation center * Rehabilitation and treatment facility * Restaurant Restaurant drive up window Retail merchandise stores Secondhand retail merchandise Solar or wind utilities * Indoor, climate controlled storage * Commercial tailor Fireworks stands, tree lots * Tire service * Theater* Upholstery shop * denotes a conditional use. Conditional uses requiring design review for a new structure will be subject to planning commission review. ** Conditional use. Development of a larger site (1 acre and 200 feet of frontage) would require planning commission approval. However, any new structure will be subject to design review by the planning commission. Note that a number of permitted or conditional uses, including liquor stores, bars, and pawn shops, will not be allowed at this location because it is within 300 feet of existing residential or religious uses.
Staff Recommendation: A recommendation to the South Salt Lake City Council to amend the City Zoning map to change the land use district designation at 3232 South 300 East from Single-Family Residential to Commercial Corridor, for the following reasons: 1. A rezone would achieve the intent of the South Salt Lake General Plan to regulate land uses based on compatibility with surrounding uses, residential areas and economic feasibility and to maintain residential, business and industrial areas that are vibrant and where the health and safety of all are protected 2. A rezone would achieve the intent of the South Salt Lake General Plan to resolve and eliminate nonconformities through redevelopment. 3. A rezone would achieve the intent of the South Salt Lake City General Plan to provide a wide range of goods and services to residents and businesses in commercial areas and nodes. Attachments Site photos Applicant letter
Site Photos View from the church parking lot. View north from the subject property.
View west from the subject property. View south from the subject property.
May 6, 2013 To whom it may concern; This letter concerns the property that is located at 3232 South 300 East South Salt Lake City. The property measures 61 ft X 352.70 ft. = approx..50 acres. The frontage of the lot is 61 ft. The property is presently zoned R1. Because of the shape of the lot, efforts to build more than a single family dwelling have become impossible because of the present building ordinances and fire protection codes. After several reviews of building plans by the preconstruction committee, the consensus of the committee was that building a single family dwelling in between a large apartment complex and a retail strip mall was not desirable. We believe the best use of the land would be to rezone it to a commercial C1, and to build a professional office building that would upgrade the neighborhood. ( at present this property is being used as an overflow parking and people are just parking and leaving vehicles there the sometimes for a week or more at a time. The owner, Nick Lam never gave permission for his land to be used as a free for all parking lot. He has even had motor homes, old cars and dumpsters left there. Paul. Ostler : Top Notch Construction