CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476

WWW.COUNCIL.SLCGOV.COM TEL 801-535-7600 FAX 801-535-7651

KYLE LAMALFA | DISTRICT 2 | COUNCIL CHAIR || JILL REMINGTON LOVE | DISTRICT 5 | COUNCIL VICE CHAIR || CARLTON CHRISTENSEN | DISTRICT 1 || STAN PENFOLD | DISTRICT 3 || LUKE GARROTT | DISTRICT 4 || CHARLIE LUKE | DISTRICT 6 || SØREN SIMONSEN | DISTRICT 7

MOTION SHEET

CITY COUNCIL of SALT LAKE CITY

TO: City Council Members

FROM: Nick Tarbet, Analyst

DATE: November 12, 2013

RE: 401 East 900 South Master Plan and Rezone Amendments

(Petitions: PLNPCM2013-00156 and PLNPCM2013-00398)

MOTION 1 I move that the Council adopt an ordinance amending the zoning map pertaining to property located at 401 East

900 South from RMF-30 – Low Density Multi-Family Residential to CN – Neighborhood Commercial and

amending the Central Community Master Plan Future land use map.

MOTION 2

I move that the Council not adopt an ordinance amending the zoning map pertaining to property located at 401

East 900 South from RMF-30 – Low Density Multi-Family Residential to CN – Neighborhood Commercial and

amending the Central Community Master Plan Future land use map.

CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476

COUNCIL.SLCGOV.COM TEL 801-535-7600 FAX 801-535-7651

KYLE LAMALFA | DISTRICT 2 | COUNCIL CHAIR || JILL REMINGTON LOVE | DISTRICT 5 | COUNCIL VICE CHAIR || CARLTON CHRISTENSEN | DISTRICT 1 || STAN PENFOLD | DISTRICT 3 || LUKE GARROTT | DISTRICT 4 || CHARLIE LUKE | DISTRICT 6 || SØREN SIMONSEN | DISTRICT 7

Council Cover Sheet

CITY COUNCIL of SALT LAKE CITY

TO: City Council Members

FROM: Nick Tarbet, Analyst

DATE: November 12, 2013

RE: 401 East 900 South Master Plan and Rezone Amendments

PROJECT TIMELINE:

Briefing: September 17, 2013

Set Date: September 24, 2013

Public Hearing: October 15, 2013

Potential Action: November 12, 2013

NEW INFORMATION

During the October 15th public hearing a few comments on the proposal were submitted to the Council

Office, and one individual spoke in opposition to the project. The main concerns raised were the lack

of parking and how that would negatively impact the neighborhood.

The Council closed the public hearing and deferred action to a future Council meeting.

The following information was provided for the September 17th briefing. It is provided

again for background purposes.

A Council staff report was not prepared for this item.

ISSUE AT-A-GLANCE

The applicant, Pratt Progeny LLC, represented by Dwight Smith, is requesting a master plan amendment and zoning map amendment in order to bring an existing nonconforming commercial business into compliance with the zoning regulations. This petition would:

Modify the Central Community Future Land Use Map at 401 East 900 South from Low Density Residential to Neighborhood Commercial

Modify the Central Community Zoning Map at 401 East 900 South from Low Density Multi-Family Residential (RMF-30) to Neighborhood Commercial (CN).

The Planning Commission unanimously approved a favorable recommendation to the City Council.

Public Process

Page | 2

Open House April 18, 2013

Planning Commission Public Hearing June 26, 2013

CC: David Everitt, Bianca Shreeve, Karen Hale, Art Raymond, Holly Hilton, Eric Shaw, Mary De La Mare-Schafer, Wilf Sommerkorn, Cheri Coffey, Joel Paterson, Nick Norris, Ray Milliner, Orion Goff, Les Koch, Larry Butcher, Margaret Plane, Lynn Pace, Paul Nielson, City Council Liaisons, Mayors Liaisons File Location: Community and Economic Development Dept., Planning Division, 401 East 900 South Master Plan and Zoning Map Amendment \\

ERIC D. SHAW

SCANNED TO: fVo~ SCANNED BY: t<o~C,' DATE: 0~~J ~KER _

DIRECTOR DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPM E'lf-Il' . -1 ;'·1 ~,:---:' ;-~ '"'(''''!''-;' --- '" OFFICE OF THE ' DIRECTOR t~< :,-'~" ': . oi,', '. ':"" " ,)

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Date Received: ~ ~ Date sent to Council: ~ '?

TO: Salt Lake City Council DATE: September 6, 2013 Kyle LaMalfa, Chair / //

Eric Shaw, CED Director;flt"---_~_~ _______________ _ FROM:

SUBJECT: Petitions PLNPCM2013-00156 and PLNPCM2013-00398: 401 East 900 South Pratt Progeny Master Plan Amendment and Zoning Map Amendment.

COUNCIL SPONSOR: Exempt

STAFF CONTACTS: Ray Milliner, Principal Plmmer (801) 535-7645 rav.milliner(@,s!cgov.com

DOCUMENT TYPE: Ordinance

RECOMMENDATION: That the City Council adopt the proposed master plan and zoning map amendments as recommended by the Plmming Commission.

BACKGROUND/DISCUSSION

The applicant, Pratt Progeny LLC, represented by Dwight Smith, is requesting a master plan amendment and zoning map amendment in order to bring an existing nonconforming commercial business into compliance with the zoning regulations.

This petition would:

• Modify the Central Community Future Land Use Map at 401 South 900 East from Low Density Residential to Neighborhood Commercial

• Modify the Central Community Zoning Map at 401 South 900 East from RMF-30 to CN, Neighborhood Commercial.

The area in questioq includes only the propeliy at the nOliheast comer of 400 South and 900 East. It was originally pennitted as the "Hammond Ice Cream" shop in 1915 and has been a

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Petition PLNPCM2013-00156_ 401 East 9-\lQ~E!].!'tQ~'E!?tBo 1- 535-6230 FAX: 801-535-6005

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commercial use since that time. The building is built property line to property line (approximately 3,000 square feet) with no onsite parking. Parking for the site is provided in a five stall cut in the city owned park strip, and along the adjacent streets. There are currently two tenants in the building, both housing a restaurant without drive-through facilities use (Tea Garden and Pig in a Jelly Jar). The uses in the building are considered legal nonconforming in the RMF-30 zone (because a restaurant without drive-through facilities is not an allowed use in the zone), and the building is considered legal noncomplying (because it does not meet the required setbacks).

The surrounding area is a mixture of commercial and residential, including single-family, two­family, and multifamily dwelling units. The CN zone was chosen because it best fits the purposes of the Central Community Master Plan and the actual development on the ground. The purpose statement for the CN zone states:

• CN = The CN neighborhood commercial district is intended to provide for small scale, low intensity commercial uses that can be located within and serve residential neighborhoods. This district is appropriate in areas where supported by applicable master plans and along local streets that are served by multiple transportation modes, such as pedestrian, bicycle, transit and automobiles. The standards for the district are intended to reinforce the historic scale and ambiance of traditional neighborhood retail that is oriented toward the pedestrian, while ensuring adequate transit and automobile access. Uses are restricted in size to promote local orientation and to limit adverse impacts on nearby residential areas.

Although the rezone will bring the property more into compliance with the Zoning Ordinance than it is now, as the uses are allowed in the CN zone, it will still be a noncomplying structure because the building is built lot line to lot line (the required front yard setbacks in the CN zone are 15 feet).

MASTER PLAN CONSIERATIONS

The existing development is located on a busy street near an intersection where commercial uses are expected and have been in operation since at least 1915. Adjacent property owners have expressed concerns that the impact of the rezone, and potential outdoor dining, will degrade an already difficult parking situation, as the two existing businesses are successful and have no onsite parking. Nonetheless, it is staff's finding that the proposed amendments are appropriate for the site, due to the location and the fact that a commercial use has been operating onsite in some capacity for nearly 100 years.

A study conducted by Civic Economics indicates that independent businesses bring substantial benefits to their local economies when compared to their chain competitors. It states:

"While chain stores and restaurants extract locally generated revenues from the community with each nightly bank transaction, independents are creating a virtuous cycle oflocal spending. The extra dollars in the local economy produce more jobs for residents, extra tax revenues for local governments, more investment in commercial and residential

Petition PLNPCM2013-00 156_40 I East 900 South rezone 2

TABLE OF CONTENTS

1. CHRONOLOGY

2. ORDINANCE

3. CITY COUNCIL PUBLIC HEARING NOTICE

4. MAILING LABELS

5. PLANNING COMMISSION

5.A. POSTMARK OF PLANNING COMMISSION NOTICE 5.B. JUNE 26, 2013 PLANNING COMMISSION STAFF REPORT 5.D. PLANNING COMMISSION MINUTES FOR JUNE 26, 2013

6. ORIGINAL PETITION

PROJECT CHRONOLOGY Petitions: PLNPCM2013-00156 and PLNPCM2013-00398

March 14, 2013 Petition received by Planning. March 25, 2013 Petition Assigned to Ray Milliner for staff analysis and processing April 18, 2013 Petition reviewed at a public open house. June 13, 2013 Planning Commission hearing notice was published in the paper

and notices were mailed to affected citizens. June 26, 2013 Planning Commission reviewed petition, conducted a public

hearing and voted 7-0 to forward a positive recommendation to the City Council.

July 10, 2013 Planning Commission ratifies minutes from June 26, 2013

meeting. July 23, 2013 Staff requests ordinance from City Attorney’s office. September 5, 2013 Staff received draft of proposed ordinance from City Attorney’s

Office.

NOTICE OF PUBLIC HEARING

The Salt Lake City Council is considering Pratt Progeny Rezone and Master Plan Amendment

– A request by Pratt Progeny LLC to amend the Central Community Master Plan Future Land Use Map from Low Density Residential to Neighborhood Commercial and amend the Zoning Map from Residential Multi-Family (RMF-30) to Neighborhood Commercial (CN) at approximately 401 East 900 South. The purpose of the amendment is bring a legal nonconforming business into compliance with both the Master Plan and the Zoning Map. If the petition is approved, the owner will apply for outdoor dining on the site.

• Master Plan Amendment – In order to amend the Zoning Map, an amendment to the Future Land Use Map of the Central Community Master Plan must be approved. Currently the property is designated as Low Density Residential. The petitioner would like to amend that designation to Neighborhood Commercial. (Case Number PLNPCM2013-00398)

• Zoning Map Amendment – In order to eliminate the legal nonconforming status of the

existing business and enable outdoor dining along the front of the building on the south and west sides, a zoning map amendment from RMF-30 to CN is required. (Case Number PLNPCM2013-00156).

Although the applicant has requested that the property be rezoned to the CN (Neighborhood Commercial) zone, consideration may be given to rezoning the property to another zoning district with similar characteristics. As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During this hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The hearing will be held:

DATE: TIME: 7:00 p.m. PLACE: Room 315 City & County Building 451 South State Street Salt Lake City, Utah

If you have any questions relating to this proposal or would like to review the file, please call Ray Milliner at 801-535-7645 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via e-mail at ray.milliner@slcgov.com People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance in order to attend this hearing. Accommodations may include alternate formats, interpreters, and other auxiliary aids. This is an accessible facility. For questions, requests, or additional information, please contact the Planning Division at (801) 535-7757; TDD (801) 535-6021.

PLNPCM2013-00156; 401 East 900 South Rezone Published Date: June 13, 2013 1

PLANNING COMMISSION STAFF REPORT Legislative Item

Planning Division

Department of Community and Economic Development

Pratt Progeny Rezone Zoning Map Amendment PLNPCM2013-00156

and PLNPCM2013-00398 401 East 900 South

June 26, 2012

Applicant: Pratt Progeny LLC, Dwight Smith Representative Staff: Ray Milliner (801)535-7645 ray.millner@slcgov.com Current Zone: RMF-30 Master Plan Designation: Low Density Residential Council District: District 4 Community Council: East Central Lot Size: .13 acre Current Use: Commercial Attachments:

A. Existing Zoning and Future Land Use Maps

B. Photographs C. Public Input

Request The applicant, Pratt Progeny LLC, represented by Dwight Smith is requesting a master plan amendment and zoning map amendment in order to bring an existing nonconforming commercial business into compliance with the zoning regulations. If the petition is successful, the applicant will submit a separate special exception petition for outdoor dining that would be located in front of the property on the west and south sides. The City Council has final decision making authority for both the master plan amendment and zoning map amendment. Recommendation Based on the analysis in the staff report, it is the Planning Staff’s finding that the project generally meets the applicable standards for a Master Plan amendment, and a Zoning Map Amendment and therefore recommends that the Planning Commission Forward a positive recommendation to the City Council for both the zoning map amendment and the Central Community Master Plan Future Land Use Map amendment. Recommended Motion For Master Plan Amendment and Zoning Map Amendment: Based on the testimony, plans presented, and the findings written in this staff report, I move that the Planning Commission forward to the City Council a positive recommendation for the Pratt Progeny project, petitions PLNPCM2013-00156 and PLNPCM2013-00398, located at approximately 401 South 900 East. The proposal meets the minimum standards necessary for a Master Plan Amendment and a Zoning Map Amendment

PLNPCM2013-00156; 401 East 900 South Rezone Published Date: June 13, 2013 2

VICINITY MAP

PLNPCM2013-00156; 401 East 900 South Rezone Published Date: June 13, 2013 3

Central Community Zoning Map Entire map with key attached as exhibit B

Future Land Use Map from Central Community Master Plan Entire map with key attached as exhibit B

PLNPCM2013-00156; 401 East 900 South Rezone Published Date: June 13, 2013 4

Background The applicant, Pratt Progeny LLC, owns the commercial property at the corner of 400 South and 900 East. The existing building was originally permitted as the “Hammond Ice Cream” shop in 1915. The building is built property line to property line (approximately 3,000 square feet) with no onsite parking. Parking for the site is in a 5 stall cut in the City owned park strip, and along the adjacent streets. There are currently two units both housing a Restaurant without drive-through facilities use (Tea Garden and Pig in a Jelly Jar). The uses in the building are considered legal nonconforming in the RMF-30 zone (because a restaurant without drive-through facilities is not an allowed use in the zone), and the building is considered legal noncomplying (because it does not meet the required setbacks). Adjacent uses include single family homes to the east, an apartment building to the north, and commercial uses to the south and west. This application would:

• Modify the Central Community Future Land Use Map at 401 South 900 East from Low Density Residential to Neighborhood Commercial

• Modify the Central Community Zoning Map at 401 South 900 East from RMF-30 to CN, Neighborhood Commercial.

Standard “1” of Section 21A.50.050 of the Zoning Ordinance requires the Planning Commission and City Council to consider whether a zoning map amendment is consistent with the purposes, goals, objectives and policies of the various City planning documents. In this case, the Future Land Use Map of the Central Community Master Plan is not. Therefore, the City Council and Planning Commission are being asked to determine whether or not a policy change from low density residential to neighborhood commercial on the site is appropriate. If it is decided in the affirmative, then positive motions for the master plan amendment and zoning map amendment should follow. Project Description The area in question includes only the property at the corner of 400 South and 900 East. The property is a commercial building, and has been since its construction in 1915. The surrounding area is a mixture of commercial, and residential, including Single-Family, Two-Family, and Multifamily dwelling units. The CN zone was chosen because it best fits the purposes of the Central Community Master Plan, and the actual development on the ground. The purpose statement for the CN zone states:

• CN = The CN neighborhood commercial district is intended to provide for small scale, low intensity commercial uses that can be located within and serve residential neighborhoods. This district is appropriate in areas where supported by applicable master plans and along local streets that are served by multiple transportation modes, such as pedestrian, bicycle, transit and automobiles. The standards for the district are intended to reinforce the historic scale and ambiance of traditional neighborhood retail that is oriented toward the pedestrian while ensuring adequate transit and automobile access. Uses are restricted in size to promote local orientation and to limit adverse impacts on nearby residential areas.

Although the rezone will bring the property more into compliance with the Zoning Ordinance than it is now, as the uses are allowed in the CN zone, it will still be a noncomplying structure because the building is built lot line to lot line (the required front yard setbacks in the CN zone are 15 feet).

PLNPCM2013-00156; 401 East 900 South Rezone Published Date: June 13, 2013 5

Public Notice, Meetings The following is a list of public meetings that have been held related to the proposed project:

• Open House held on 4/18/2013. Comments and notes can be found in attachment D. Notice of the public hearing for the proposal includes:

• Public hearing notice posted in newspaper on June 13, 2012. • Public hearing notice mailed on June 13, 2012. • Public hearing notice posted on property on June 13, 2012. • Public hearing notice posted on City and State websites on June 13, 2012. • Public hearing notice emailed to the Planning Division list serve on June 13, 2012.

Citizen Comments Staff received a significant amount of public comment regarding the proposed amendments. The comments were exclusively relating to the parking situation in the immediate area. Like many of the residential uses in the area, the subject property has no onsite parking. Comments stated that during business hours, especially on weekends, it is very difficult to find a parking space near their homes because the parking is occupied by the patrons of the businesses. They further stated that any expansion of the use to include outdoor dining would degrade the parking situation in the area, and therefore, the Planning Commission and City Council should deny the proposal (See attachment D for all public comment).

Analysis and Findings STANDARDS FOR GENERAL AMENDMENTS Central Community Master Plan Amendment There are no specific standards in the Salt Lake City Zoning Ordinance for Master Plan Amendments. State Law, Section 10-9a-204, Notice of Public Hearings and Public Meetings to Consider General Plan or Modifications, outlines the criteria for amending a master plan relating to noticing requirements.

Analysis: The Future Land Use Map in the Central Community Master Plan defines the property at 401 South 900 East as low density residential 5-15 units per acre. The proposal would change that designation to Neighborhood Commercial. The Central Community Master Plan consistently emphasizes the need to preserve and create neighborhood commercial uses that are pedestrian friendly, and discourages the encroachment of shopping centers or similar uses into their neighborhoods.

• Commercial Land Use Policy 1 states, “Encourage neighborhood-friendly commercial land use areas in the Central Community that are compatible with the residential neighborhood character, scale, and service needs and support the neighborhood in which they are located.”

• Residential Land Use Policy 5 states “Use residential mixed use zones to provide residential land

uses with supportive retail, service, commercial, and small-scale offices and monitor the mix of uses to preserve the residential component.”

PLNPCM2013-00156; 401 East 900 South Rezone Published Date: June 13, 2013 6

The existing development is located on a busy street near an intersection where commercial uses are expected and have been in operation since at least 1915. Adjacent property owners have expressed concerns that the impact of the rezone, and potential outdoor dining will degrade an already difficult parking situation, as the two existing businesses have no onsite parking and have been successful. Nonetheless, it is staff’s finding that the proposed amendments are appropriate for the site due to the location, and the fact that a commercial use has been operating onsite in some capacity for nearly 100 years. A study conducted by Civic Economics indicates that independent businesses bring substantial benefits to their local economies when compared to their chain competitors. It states,

“While chain stores and restaurants extract locally generated revenues from the community with each nightly bank transaction, independents are creating a virtuous cycle of local spending. The extra dollars in the local economy produce more jobs for residents, extra tax revenues for local governments, more investment in commercial and residential districts, and enhanced support for local nonprofits. In short, these businesses create better places.”

The Planning Division conducted a comprehensive survey of small businesses operating in the residential neighborhoods of the City. The purpose is to preserve and enhance sustainability in our neighborhoods. This effort builds upon past efforts to allow and encourage commercial land uses that provide important community gathering spaces, necessary services, employment and an enhanced tax base for the City. When asked whether or not a small business in their neighborhood was a positive or negative use, one half of residents (49%) report that having businesses located in their neighborhood is definitely positive, while another 30% say it is probably positive. Only 4% think that having businesses in their neighborhood is definitely negative. Further, the study indicates, that when asked in an open-ended question, what they like about their neighborhood businesses, nearly half (48%) praise either the convenience or proximity of businesses or that they are walkable. One in five (20%) like that their neighborhood businesses are local or locally-owned (13%) or are small (7%). Others like the variety, diversity and unique nature of those businesses. The proposed amendments at 401 East 900 South are consistent with the findings of the survey of what people like about small business, and are therefore an important component in the City’s efforts to enhance sustainability in its neighborhoods. On May 15, 2012, the City Council recorded a resolution Titled the “Council’s Philosophy Statement Priority: Neighborhood Quality of Life” the purpose of the resolution is to express an “aspirational vision of the City’s future, the values that underline the vision and the legislative tasks and projects the Council may undertake to realize the vision.” Vision 1 of the resolution states:

“We support policy and budget changes that promote growth of neighborhood businesses, institutions and other developments in order to provide conveniently located and physically accessible retail services to residents and provide more places for neighbors to socially interact.”

Finding: Although the proposed amendments are for a use that currently is causing parking problems in the immediate neighborhood, staff finds that the proposed amendment is consistent with the Central Community Master Plan for the following reasons:

PLNPCM2013-00156; 401 East 900 South Rezone Published Date: June 13, 2013 7

1. The parking problems would persist with or without the amendments. The existing nonconforming uses are able to continue operation onsite in perpetuity provided the property owner does not abandon the use.

2. The proposed outdoor dining would be reviewed separately from this application and will be evaluated for its compliance with the Zoning Ordinance when an application is received.

3. Current City policy has identified the local neighborhood businesses, including those under this review, as an asset to the Central Community Neighborhood as well as to the City as a whole. This amendment will enable them to continue operating in the neighborhood legally.

4. The business is located at the corner of 400 East and 900 South, a busy intersection. Because of this, traffic impacts due to the use are handled by the existing streets with minimal impact to the surrounding property owners.

Analysis and Findings 21A.50.050 Standards for general amendments. A decision to amend the text of this title or the zoning map by general amendment is a matter committed to the legislative discretion of the City Council and is not controlled by any one standard. B. In making a decision to amend the zoning map, the City Council should consider the following factors:

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; Analysis: Currently the Future Land Use Map of the Central Community Master Plan is not consistent with the proposed zoning map amendment. As part of this petition, the City Council and Planning Commission are being asked to determine whether or not a policy change from low density residential to community commercial on the site is appropriate. If it is decided in the affirmative, then a positive motion for this Zoning Map petition should follow. Staff has reviewed the proposed Master Plan amendment and has recommended that the Planning Commission forward a positive recommendation to the City Council. This recommendation is based on the general finding that this project is consistent with the objectives of the Central Community Master Plan and current City policies as they relate to small business, because it will enhance an already successful small business that provides support to the surrounding neighborhood. Any negative impacts that may come about as a result of the outdoor dining will be reviewed and addressed as part of the outdoor dining special exception petition.

Finding: If the Planning Commission finds that the proposed amendment to the Central Community Master Plan is appropriate, then the proposed zoning map amendment meets this standard. Staff finds that the proposed zoning map amendment coincides with current City efforts to enhance the viability of small business in the community by encouraging investment in the Central Community neighborhood.

2. Whether a proposed map amendment furthers the specific purpose statements of the zoning ordinance; Analysis: The purpose statement for the CN zone states:

“The CN neighborhood commercial district is intended to provide for small scale, low intensity commercial uses that can be located within and serve residential neighborhoods. This district is appropriate in areas where supported by applicable master plans and along local streets that are

PLNPCM2013-00156; 401 East 900 South Rezone Published Date: June 13, 2013 8

served by multiple transportation modes, such as pedestrian, bicycle, transit and automobiles. The standards for the district are intended to reinforce the historic scale and ambiance of traditional neighborhood retail that is oriented toward the pedestrian while ensuring adequate transit and automobile access. Uses are restricted in size to promote local orientation and to limit adverse impacts on nearby residential areas.”

The proposed development will achieve the purpose of this statement as it will enhance an existing development on a property that is located at the corner of two busy collector streets each of which support multiple transportation modes including pedestrian, bicycle, mass transportation, and automobile. The proposed map amendment will further the stated City goal of providing walkable commercial uses that support the overall urban residential atmosphere of the immediate Central Community neighborhoods. Finding: Staff finds that the proposed map amendment is consistent with the purpose of the CN zone, as it will enhance a use that provides supportive retail and service commercial to the neighborhood that would not otherwise be available, thereby enhancing the sustainability of the Central Community as a whole.

3. The extent to which a proposed map amendment will affect adjacent properties; Analysis: The property is bordered on the east and north by residential units. In general, parking and traffic generated by commercial uses in residential neighborhoods create significant impacts that are difficult to mitigate (cars parked up and down the street, congestion on narrow residential streets, deliveries to and from the site etc.). This use has no onsite parking and at times during peak hours, generates parking issues for the overall neighborhood at large. Nonetheless, the proposed Zoning Map Amendment will have no direct effect on adjacent properties because the existing nonconforming businesses are allowed to continue in perpetuity regardless of whether or not it is approved. No physical changes to the building are proposed. Patrons, delivery trucks and other vehicular impacts will continue as they currently do. Any traffic or parking impacts that would occur as part of an outdoor dining petition would be reviewed and mitigated as part of a special exception petition that would be submitted separately from this petition. Finding: Staff finds that the no additional impacts from traffic or parking will occur as a direct result of this map amendment. Staff further finds that any impacts from the proposed outdoor dining will be reviewed as part of an outdoor dining petition.

4. Whether a proposed map amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards.

Analysis: There are no overlay zones on the property

Finding: This standard is not applicable.

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, stormwater drainage systems, water supplies, and wastewater and refuse collection

PLNPCM2013-00156; 401 East 900 South Rezone Published Date: June 13, 2013 9

Analysis: This application has been reviewed by all applicable City Divisions. Comments from each indicate that they have no objection to the proposed zoning map amendment. Finding: Staff finds that the proposed amendment will have all utility and public services necessary to accommodate the site.

Alternatives When reviewing the proposed Zoning Map Amendment, the Planning Commission has three options:

1. Forward a positive recommendation to the City Council as proposed 2. Direct staff to modify the proposal and forward a positive recommendation to the City Council once the

directed change is made. 3. Forward a negative recommendation to the City Council.

When reviewing the petition, staff looked at a number of alternatives to the proposal, such as a recommendation that the Commission recommend that the City Council deny the petition and leave the zoning as RMF 35. After a review of current City practices as it relates to small neighborhood business, and the current best practices in planning, it was determined that the proposed change to CN best met the wishes and needs of the property owners and City residents as a whole while more closely mirroring the existing development. Therefore, it is staff’s finding that the best alternative for the neighborhood is proposed in the analysis section above. Commission Options Section 21A.50.40.F states that the Planning Commission shall recommend approval or denial of the proposed amendment or the approval of some modification of the amendment and shall then submit its recommendation to the City Council. Standard “1” of Section 21A.50.050 of the Zoning Ordinance requires that the Planning Commission and City Council consider whether the zoning map amendment is consistent with the purposes, goals, objectives and policies of the various City planning documents. In this case, the change to the Zoning Map of the Central Community would not be consistent with the Future Land Use Map of Central Community Master Plan. The City Council and Planning Commission are being asked to modify each to accommodate the existing businesses. If it is decided in the affirmative, then positive motions for the both petitions should follow. If it is determined that the proposed amendment is not consistent, then direction for changes should be given to staff, or a negative recommendation should follow. It is important to note that the City Council is the final decision maker on the petition, and has the right to adopt, modify or deny any recommendation forwarded by the Planning Commission. Potential Motions The motion recommended by the Planning Division is located on the cover page of this staff report. The recommendation is based on the above analysis. The following is a potential motion that may be used in case the Planning Commission determines that a negative recommendation should be forwarded to the City Council: Not Consistent with Staff Recommendation: Based on the testimony, plans presented, and the findings written in this staff report, I move that the Planning Commission forward the City Council a negative recommendation for the Pratt Progeny project, petitions PLNPCM2013-00156 and PLNPCM2013-00398, located at approximately 401 South 900 East. The proposal does not meet the minimum standards necessary for a Master Plan Amendment and a Zoning Map Amendment

PLNPCM2013-00156; 401 East 900 South Rezone Published Date: June 13, 2013 10

The Planning Commission shall make findings on the Zoning Map Amendment standards as listed below:

• 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;

• Whether a proposed map amendment furthers the specific purpose statements of the zoning ordinance;

• The extent to which a proposed map amendment will affect adjacent properties; • Whether a proposed map amendment is consistent with the purposes and provisions of any

applicable overlay zoning districts which may impose additional standards; and • 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, stormwater drainage systems, water supplies, and wastewater and refuse collection.

PLNPCM2013-00156; 401 East 900 South Rezone Published Date: June 13, 2013 11

Attachment A Existing Zoning and Future Land Use Maps

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PLNPCM2013-00156; 401 East 900 South Rezone Published Date: June 13, 2013 13

PLNPCM2013-00156; 401 East 900 South Rezone Published Date: June 13, 2013 14

Attachment B Photos

PLNPCM2013-00156; 401 East 900 South Rezone Published Date: June 13, 2013 15

PLNPCM2013-00156; 401 East 900 South Rezone Published Date: June 13, 2013 16

Attachment C Public Comment

SALT LAKE CITY PLANNING COMMISSION MEETING Room 126 of the City & County Building

451 South State Street, Salt Lake City, Utah Wednesday, June 26, 2013

A roll is being kept of all who attended the Planning Commission Meeting. The meeting was called to order at 5:42:53 PM. Audio recordings of the Planning Commission meetings are retained in the Planning Office for an indefinite period of time. Present for the Planning Commission meeting were: Chairperson Michael Gallegos; Vice Chair Emily Drown; Commissioners Lisa Adams, Angela Dean, Bernardo Flores-Sahagun, Clark Ruttinger, Matthew Wirthlin and Mary Woodhead. Commissioners Michael Fife and Marie Taylor were excused Planning Staff members present at the meeting were: Wilford Sommerkorn, Planning Director; Joel Paterson, Planning Manager; Doug Dansie, Senior Planner; Casey Stewart, Senior Planner; Lex Traughber, Senior Planner; Ray Milliner, Principal Planner; Michelle Moeller, Senior Secretary and Paul Nielson, City Land Use Attorney.

8:34:16 PM

Pratt Progeny Rezone and Master Plan Amendment at approximately 401 East 900 South

- Pratt Progeny LLC, represented by Dwight L. Smith, is requesting approval from the City to allow outdoor dining at the above listed address. Currently the land is used as a legal nonconforming cafe/deli. This type of project requires an amendment to the Future Land Use Map of the Central Community Master Plan from Low Density Residential to Neighborhood Commercial and that the property be rezoned from RMF-30 Low Density Residential Multi-Family to CN (Neighborhood Commercial).. Although the applicant has requested that the property be rezoned to the CN zone, consideration may be given to rezoning the property to another zoning district with similar characteristics. The subject property is located within Council District 4, represented by Luke Garrott. (Staff contact: Ray Milliner at (801) 535-7645 or ray.milliner@slcgov.com). .

a. Master Plan Amendment - In order to amend the Zoning Map, an amendment to the Future Land Use Map of the Central Community Master Plan must be approved. Currently the property is designated as Low Density Residential. The petitioner would like to amend that designation to Neighborhood Commercial. (Case number PLNPCM2013-00398).

b. Zoning Map Amendment

– In order to eliminate the legal nonconforming status of the existing business, and enable outdoor dining along the front of the building on the south and west sides, a zoning map amendment from RMF-30 to CN is required. (Case number PLNPCM2013-00156).

Mr. Ray Milliner, Principal Planner, reviewed the petition as presented in the Staff Report (located in the case file). He stated it was Staff’s recommendation that the Planning Commission forward a positive recommendation to the City Council regarding the petition as presented. The Commission and Staff discussed the original zoning for the property and how it had changed through the years. The Commission asked how things like this could be avoided in the future and addressed more directly during Master Planning. Mr. Sommerkorn stated there were difficulties at the time this Master Plan was done and hopefully Staff could be more proactive on such issues. The Commission and Staff discussed the history of commercial buildings in residential areas and rezoning in these areas. Staff stated in the next few months there would be quite a few petitions seeking rezone to fix these issues. The Commission and Staff discussed the parking requirements for the property and if it was required to make the parking meet the current standards. Staff stated it was not unusual to find sites such as this without parking. Mr. Dwight Smith and Mr. Richard Pratt, Applicants, reviewed the history of the property and stated they would like the zoning changed to allow for better use of the property. They stated the zoning should be more in line with the surrounding properties. They discussed the future plans for outdoor dining and reviewed the working hours of the businesses. They discussed the parking for the area. PUBLIC HEARING 8:46:42 PM

Chairperson Gallegos opened the Public Hearing.

The following individuals spoke regarding this petition: Mr. Gregory Kurz and Mr. Kelly Margetis. The following comments were made:

• Commercial buildings in the area have parking but this one does not, which should be changed

• All ready used as commercial property so why does it need to be rezoned • Parking in the area is an issue and they should have to comply with the regulations • When the patio is there where does the parking go • How will this impact the neighborhood • Does it have to have CN status to have a patio • Parking stalls should be added in the parking strip not a patio

Chairperson Gallegos closed the Public Hearing. The Applicant reviewed the parking and how it had not changed from the beginning. The Commission and Applicant discussed how the building use had not changed. They discussed parking in the area, location of the patio in the future and if a CN zoning would allow for outdoor dining. Staff stated the outdoor dining would need to be addressed as part of a future Special Exception request and there was no guarantee it would be approved. The Commission asked Staff to explain how the petition would open the way for a patio on the property. Staff explained the property was currently zoned RMF 30, the business was a legal non-conforming use and was not allowed to expand. He stated in the CN zone outdoor dining was a Special Exception and allowed if the request could meet certain criteria. Staff stated the recommendation for the zoning change was based primarily on the premise that it was appropriate to have a commercial land use zoned as such in a commercial zone. He stated the City does not prefer to have non-conforming uses therefore the rezone is being recommended by Staff. The Commission and Staff discussed the process for approving the outdoor dining. Mr. Nielson asked that language be added to the motion indicating modifications to the Central Community Master Plan Future Land Use Map from Low Density Residential to

Neighborhood Commercial and amending the Zoning map for the subject property from RMF 30 to CN. MOTION 9:03:07 PM Commissioner Dean stated regarding PLNPCM2013-00156 and PLNPCM2013-00398 on 401 East 900 South, based on the testimony, plans presented, and the findings written in this Staff Report, she moved that the Planning Commission forward a positive recommendation to the City Council to modify the Central Community Master Plan for this site from low Density Residential to Neighborhood Commercial and amend the Zoning map for the subject property from RMF 30 to CN. Commissioner Drown seconded the motion. The motion passed unanimously. The meeting adjourned at 9:04:14 PM