City Council

South Salt Lake City Council AMENDED REGULAR MEETING AGENDA Public notice is hereby given that the South Salt Lake City Council will hold a Regular Meeting on Wednesday, January 25, 2023, in the City Council Chambers, 220 East Morris Avenue, Suite 200, commencing at 7:00 p.m., or as soon thereafter as possible. The meeting can be viewed on sslc.gov Conducting: LeAnne Huff, District 1 Council Chair: Sharla Bynum Sergeant at Arms: South Salt Lake PD Opening Ceremonies 1. Welcome/Introductions LeAnne Huff 2. Serious Moment of Reflection/ Pledge of Allegiance Clarissa Williams No Action Comments 1. Scheduling City Recorder 2. Public Comments/Questions a. Response to Comments/Questions (at the discretion of the conducting Council Member) 3. Mayor Comments 4. City Attorney Comments 5. City Council Comments Action Items Unfinished Business 1. A Resolution of the South Salt Lake City Council Mayor Wood Authorizing an Extension of the Mayor’s December 28, 2022 Declaration of a Local Emergency New Business 1. A Petition to Amend the Zoning Map for Five Parcels Located Eliza Ungricht at 800 West Central Valley Road from the Commercial Corridor (CC) Land Use District to the Flex Land Use District. 2. A Petition to Amend the Zoning Map for Four Parcels Eliza Ungricht Located at 130 East, 140 East, 148 East Winslow Avenue and 3549-3555 South 200 East from Residential Multiple (RM) to Commercial Corridor (CC). Motion for Closed Meeting Adjourn Posted, January 23, 2023 See page two for continuation of Agenda South Salt Lake City Council Regular Meeting January 25, 2023 Page 2 Those needing auxiliary communicative aids or other services for this meeting should contact Ariel Andrus at 801-483-6019, giving at least 24 hours’ notice. Public Comments/Question Policy Time is made available for anyone in the audience to address the Council and/or Mayor concerning matters pertaining to City business. When a member of the audience addresses the Council and/or Mayor, they will come to the podium and state their name and City they reside. The Public will be asked to limit their remarks/questions to three (3) minutes each. The conducting Council Member shall have discretion as to who will respond to a comment/question. In all cases the criteria for response will be that comments/questions must be pertinent to City business, that there are no argumentative questions and no personal attacks. Some comments/questions may have to wait for a response until the next regular council meeting. The conducting Council Member will inform a citizen when they have used the allotted time. Grievances by City employees must be processed in accordance with adopted personnel rules.  CITY COUNCIL STAFF REPORT MEETING DATE: January 25, 2023 PROJECT NUMBER: Z-22-004 REQUEST(S): A petition to amend the zoning map for five parcels from the Commercial Corridor (CC) land use district to the Flex land use district. ADDRESS: 800 West Central Valley Road PROPERTY OWNER: Central Valley Water Reclamation Facility APPLICANT: Jason Head, Mitre Peak Company for Dakota Pacific SYNOPSIS: Jason Head, representative for Dakota Pacific, is petitioning to amend the zoning map for five parcels from Commercial Corridor (CC) to Flex. These properties are located at 800 West Central Valley Road (see figure). The subject properties is where Golf the Round is currently located. Central Valley Water, who owns the property, has leased this property to Dakota Pacific for this proposed development of an industrial park. An industrial park or the storage, warehouse use is not permitted in the CC, but it is permitted use in the Flex land use district. This is the first step for the proposed project If the petition to amend the zoning map is granted, Jason Head and Dakota Pacific would move to step two and submit a subdivision application to consolidate all subject parcels via subdivision plat. The final step before construction would be a building permit. The Planning Commission is the recommending body for all zoning map amendments and the City Council is the final land use authority. EXISTING EXISTING ZONING SURROUNDING LAND USE DISTRICTS PROPOSED USES USE North: Flex Commercial South: Flex Storage Facility, Golf Course Corridor East: Flex Warehouse West: Commercial Corridor / City Facility / Flex PLANNING COMMISSION RECOMMENDATION: On January 19, 2023, the Planning Commission held a public hearing and reviewed the application for the proposed zone change. There was a unanimous vote to forward a positive recommendation to amend the zoning for the subject parcels. The Planning Commission did add an additional condition of requiring a sidewalk along 3300 South that is a minimum of 10 feet wide. There were public comments made during the hearing. The majority of the comments were about the following: • The increase in the traffic along 3300 South and 900 West. • Seeing if a wider sidewalk could be required along 3300 South. STAFF RECOMMENDATION: Staff recommends the City Council approve an amendment to the zoning map for five existing parcels from the Commercial Corridor land use district to the Flex land use district. Staff’s recommendation is based upon its analysis and findings included below. 1  CITY COUNCIL STAFF REPORT GENERAL INFORMATION: Location: 800 West Central Valley Road Surrounding Land Use Districts: North: Flex South: Flex East: Flex West: Commercial Corridor / City Facility / Flex Figure 1: Existing Zoning Map Figure 2: Proposed Zoning Map Changes The proposed change is from Commercial Corridor (CC) to the Flex land use district. The industrial park would fall under the Storage Facility, Warehouse use, which is a permitted in the Flex land use district. 2 Figure 3: Existing Site Conditions 3 Figure 4: Preliminary Site Plan *SITE PLAN IS CONCEPTUAL – SUBJECT TO TECHNICAL REVIEW PLANNING COMMISSION AUTHORITY: 17.11.010. Establishment and Duties of Planning Commission. K. Responsibilities. A. The Planning Commission makes recommendations to the City Council for: a. The general plan and amendments to the general plan; b. The Land Use Map, and amendments to the Land Use Map; c. Amendments to land use ordinances; d. Proposed Application processes and the delegation of power under the land use ordinance. CITY COUNCIL AUTHORITY: 2.08.60. Powers and Duties C. The City Council shall have the power to pass resolutions and ordinance concerning matters such as: 5. Zoning and building regulations. GENERAL PLAN CONSIDERATIONS: Land Use & Neighborhoods Strategy 2: Identify areas of the city for higher density employment-based uses to make advantage of existing and planned infrastructure. Analysis: This proposed zone change would make an industrial park at this location a permitted use. This location is strategically places by existing infrastructure, which would be used by an industrial park. This includes, but is not limited to 3300 South, I-15, I-80, Roper Yard, etc. Land Use & Neighborhoods Strategy 4: Require a high level of design within the public realm of commercial and mixed use areas. 4  Analysis: The proposed industrial park will include landscaping and a sidewalk along 3300 South, which will help increase walkability throughout the city. Land Use & Neighborhoods Strategy 6: Implement best practices in the regulation of development and land uses. Analysis: The proposed industrial park is on an old superfund site and the property is owned by Central Valley Water Reclamation Facility. This site is a superfund site, from a prior business the Vitro Uranium Mill. Due to this site being a superfund site and its close proximity to the water treatment plant, it is not a good location for a residential development. Community Values Goal 3: Take advantage of opportunities relating to the city’s location at the center of the regional transportation, transit, trails, open space, library, recreation, and school systems to serve residents, businesses, and visitors. Analysis: This proposed zone change would make an industrial park at this location a permitted use. This proposed project location is strategically placed next to regional transportation, which makes it a very desirable area for this type of development. Economic Development Goal 1: Maximize South Salt Lake’s social and economic equity through value-based decision making. Analysis: This proposed zone change would make an industrial park at this location a permitted use. This proposed project location is strategically placed next to regional transportation, which makes it a very desirable area for this type of development. Economic Development Strategy 8: Target industries for South Salt Lake's growing business hubs including Downtown and the 3300 South corridor. Analysis: This proposed zone change would make an industrial park at this location a permitted use. This proposed project location is strategically placed next to regional transportation and major roads, like 3300 South. The access to the major roads, freeways, etc. makes it a very desirable area for this type of development. Parks, Recreation, & Open Space Goal #2: Identify opportunities to add parks, open space, and recreation amenities in currently underserved areas of the city. Analysis: The proposed development will include a more pedestrian friendly sidewalk, which will help connect pedestrians to the Jordan River Parkway via 3300 South. Environmental, Social, & Economic Sustainability Strategy 4: Develop a city-wide strategy for water conservation, drought mitigation, and sustainable landscaping. Analysis: The proposed development will replace the existing golf course. The proposed development will use less water than the golf course. The landscaping will also be comprised of drought resistant and water-wise plants. STAFF RECOMMENDATION: Staff recommends the City Council approve an amendment to the zoning map for five existing parcels from the Commercial Corridor land use district to the Flex land use district, located at 800 West Central Valley Road, based upon the information submitted by the applicant, the general plan considerations and ordinance analysis and proposes the following Findings of Fact and Conditions: Findings of Fact: 1. The subject properties, located at 800 West Central Valley Road, consist of five separate lots. 5  2. All five lots are located in the Commercial Corridor (CC) land use district. 3. The proposed zone change will change the land use designation of all five lots to the Flex land use district. 4. The current land use for the properties is a golf course. 5. The proposed development is for an industrial park, which would fall under the Storage Facility, Warehouse use. 6. The Storage Facility, Warehouse use is a permitted use in the Flex land use district. Conditioned upon the following, including the Planning Commission Recommend Condition: 1. If approved, the petition for the zoning map amendment will not take effect unit such time that the South Salt Lake Planning Commission grants the final plat approval of the subdivision plat, and said plat is recorded with the office of the Salt Lake County Recorder. 2. If approved and the applicant fails to record a final subdivision plat within 180 days of final subdivision plat approval, the zoning map amendment petition approval is void. 3. If approved, the applicant must install a sidewalk along 3300 South that is a minimum of 10 feet wide. CITY COUNCIL OPTIONS: Option 1: Approval Move to approve the application by Jason Head to amend the zoning map for five existing parcels from the Commercial Corridor land use district to the Flex land use district located at 800 West Central Valley Road, based on the analysis and findings set forth in the staff report, with the following conditions, include the Planning Commission recommendation: 1. If approved, the petition for the zoning map amendment will not take effect unit such time that the South Salt Lake Planning Commission grants the final plat approval of the subdivision plat, and said plat is recorded with the office of the Salt Lake County Recorder. 2. If approved and the applicant fails to record a final subdivision plat within 180 days of final subdivision plat approval, the zoning map amendment petition approval is void. 3. If approved, the applicant must install a sidewalk along 3300 South that is a minimum of 10 feet wide. Option 2: Denial Move to deny the application by Jason Head to amend the zoning map for five existing parcels from the Commercial Corridor land use district to the Flex land use district located at 800 West Central Valley Road, based on the findings discussed on the record. Option 3: Continuance Move to table the decision on the application by Jason Head to amend the zoning map for five existing parcels from the Commercial Corridor land use district to the Flex land use district located at 800 West Central Valley Road, to a date certain to allow the Applicant and Staff time to respond to specific inquires or concerns raised by the City Council, or to allow the City Council more time to consider the proposal. 6  CITY COUNCIL STAFF REPORT MEETING DATE: January 25, 2023 PROJECT NUMBER: Z-19-002 REQUEST(S): A petition to amend the zoning map for four parcels from Residential Multiple (RM) to Commercial Corridor (CC). ADDRESS: 130 E, 140 E, 148 E Winslow Avenue and 3549-3555 South 200 East PROPERTY OWNER: Katmark Partners, LLC APPLICANT: Katmark Partners, LLC SYNOPSIS: Katmark Partners, LLC is petitioning to amend the zoning map for four parcels from Residential Multiple (RM) to Commercial Corridor (CC). These properties are located at 130 E, 140 E, 148 E Winslow Avenue and 3549-3555 South 200 East (see figure). The applicant is also requesting the City Council approve the proposed vacation, which is a separate application. The subject properties along Winslow Avenue have single-family homes. Two of these will be demolished to expand their dealership parking lot and the other will be converted into a marketing office for the dealership. The subject property at 3549- 3555 S 200 E has been vacant land since late 2019. The first two steps of the proposed project is this petition to vacate the public right of way and change the zoning of some of their parcels along Winslow. The right of way vacation is part of a separate staff report. If the petition to vacate is granted and the zone change is approved, Katmark Partners, LLC would move to step three and submit a subdivision application to consolidate all subject parcels via subdivision plat. The Planning Commission is the recommending body for all zoning map amendments and the City Council is the final land use authority. SURROUNDING LAND USE EXISTING ZONING EXISTING USE PROPOSED USES DISTRICTS North: Residential Multiple Vacant / Single Auto, Light Truck, RV, Boat, South: Commercial Corridor Residential Multiple Family Homes / Trailer Dealership – an expansion East: Residential Multiple Office of the existing dealership West: Commercial Corridor PLANNING COMMISSION RECOMMENDATION: On January 19, 2023, the Planning Commission held a public hearing and reviewed the application for the proposed zone change. There was a unanimous vote to recommend a denial on to amend the zoning for the subject parcels. There were public comments made during the hearing. The main comment was about the dislike of losing single-family homes to a parking lot. STAFF RECOMMENDATION: Staff recommends the City Council approve an amendment to the zoning map for four existing parcels from Residential Multiple to Commercial Corridor. Staff’s recommendation is based upon its analysis and findings included below. 1  CITY COUNCIL STAFF REPORT GENERAL INFORMATION: Location: 130 East Winslow Avenue 140 East Winslow Avenue 148 East Winslow Avenue 3549-3555 South 200 East Surrounding Land Use Districts: North: Residential Multiple South: Commercial Corridor East: Residential Multiple West: Commercial Corridor Figure 1: Existing Zoning Map 2 Figure 2: Proposed Zoning Map Changes The proposed change is from Residential Multiple (RM) to Commercial Corridor (CC). The proposed automotive dealership expansion requires the parcels to be consolidated to one parcel. Each parcel must have the one common zoning designation. The Commercial Corridor land use district allows Automotive Dealerships as a conditional use. 3 Figure 3: Existing Site Conditions 4 5 Figure 4: Preliminary Site Plan *SITE PLAN IS CONCEPTUAL – SUBJECT TO TECHNICAL REVIEW PLANNING COMMISSION AUTHORITY: 17.11.010. Establishment and Duties of Planning Commission. K. Responsibilities. A. The Planning Commission makes recommendations to the City Council for: a. The general plan and amendments to the general plan; b. The Land Use Map, and amendments to the Land Use Map; c. Amendments to land use ordinances; d. Proposed Application processes and the delegation of power under the land use ordinance. CITY COUNCIL AUTHORITY: 2.08.60. Powers and Duties C. The City Council shall have the power to pass resolutions and ordinance concerning matters such as: 5. Zoning and building regulations. GENERAL PLAN CONSIDERATIONS: Land Use & Neighborhood Strategy 8: Appropriately seek the redevelopment of legal non-conforming uses, properties, and structures to be more conforming over the long term. 6  Analysis: This proposed zone change would make 130 E Winslow Avenue no longer a non-conforming use. This single family home has been converted and is currently being used as an office and has been for many years. The office use is not permitted in the Residential Multiple land use district. Economic Development Strategy 5: Maintain and enhance neighborhood health, vitality, and integrity. Analysis: One of the actions for this strategy is “encourage incremental development where appropriate to avoid vacant and underutilized parcels”. Currently one of the four parcels is vacant land due to the building being demolished in 2019. Two of the properties currently are vacant single-family homes that are not currently being utilized. This proposed zone change would utilize these properties and they would no longer be vacant. Economic Development Goal #3: Continue to support existing and future businesses through the city’s partnership with the South Salt Lake Chamber of Commerce and comprehensive business retention and recruitment program. Analysis: Mark Miller Subaru has been in operating at this location in South Salt Lake since 1961. They have been a good partner with the City over the years. The dealership has outgrown there space and are need more room on their lot to store cars, which is why they are petitioning for this zone change. If they do not have room to grow, they may need to leave the City for a bigger space. Economic Development Vision Statement: South Salt Lake is a community of opportunity for a variety of businesses with diverse ownership serving a diverse community. Quality of life in South Salt Lake is enhanced through sustainable businesses in a sustainable community. South Salt Lake encourages and supports businesses by helping them form, expand, and thrive in our community. We build on past success for our future. Analysis: Mark Miller Subaru is petitioning the City Council for a rezone on the four properties in order to expand their business. The Economic Development Vision Statement calls out encouraging and supporting businesses to expand and thrive in the community. If the rezone is not approved, the dealership will not be able to expand and there is a chance they would need to move out of the community. If the rezone is not approved, they also will not be able to thrive to their full potential. STAFF RECOMMENDATION: Staff recommends the City Council approve an amendment to the zoning map for four existing parcels from Residential Multiple to Commercial Corridor, with the following findings of fact and conditions: Findings of Fact: 1. The subject properties, located at 130 E, 140 E, 148 E Winslow Avenue, and 3549-3555 South 200 East, consist of four separate lots. 2. All four lots are located in the Residential Multiple (RM) land use district. 3. The proposed zone change will change the land use designation of all four lots to the Commercial Corridor land use district. 4. The neighboring automotive dealership is proposing to expand their operations onto these four lots. 5. The Auto, Light Truck, RV, Boat, Trailer Dealership use is a conditional use in the Commercial Corridor. 6. The subject property located at 3549-3555 S 200 E has been vacant since 2019. 7. Two properties along Winslow Avenue, 140 E and 148 E, are vacant single family homes. 8. The property located at 130 E Winslow Avenue is currently being used the applicant as an office. 9. The office use in the Residential land use district is not permitted. Conditioned upon the following: 1. If approved, the petition for the zoning map amendment will not take effect until such time that the South Salt Lake Planning Commission grants the final plat approval of the subdivision plat, and said plat is recorded with the office of the Salt Lake County Recorder. 2. If approved and the applicant fails to record a final subdivision plat within 180 days of final subdivision plat approval, the zoning map amendment petition approval is void. CITY COUNCIL OPTIONS: 7 Option 1: Approval Move to approve of the application by Katmark Partners, LLC to amend the zoning map for four existing parcels from Residential Multiple to Commercial Corridor located at 130 E, 140 E, 148 E Winslow Avenue, and 3549-3555 South 200 East, based on the analysis and findings set forth in the staff report, with the following conditions: 1. If approved, the petition for the zoning map amendment will not take effect until such time that the South Salt Lake Planning Commission grants the final plat approval of the subdivision plat, and said plat is recorded with the office of the Salt Lake County Recorder. 2. If approved and the applicant fails to record a final subdivision plat within 180 days of final subdivision plat approval, the zoning map amendment petition approval is void. Option 2: Denial Move to deny the application by Katmark Partners, LLC to amend the zoning map for four existing parcels from Residential Multiple to Commercial Corridor located at 130 E, 140 E, 148 E Winslow Avenue and 3549-3555 South 200 East, based on the findings discussed on the record. Option 3: Continuance Move to table the decision on the application by Katmark Partners, LLC to amend the zoning map for four existing parcels from Residential Multiple to Commercial Corridor located at 130 E, 140 E, 148 E Winslow Avenue and 3549- 3555 South 200 East, to a date certain to allow the Applicant and Staff time to respond to specific inquires or concerns raised by the City Council, or to allow the City Council more time to consider the proposal. 8