Maryann Pickering, Principal Planner (801) or Determination of Nonconforming Use Change

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1 Staff Report PLANNING DIVISION COMMUNITY & ECONOMIC DEVELOPMENT To: From: Salt Lake City Appeals Hearing Officer Maryann Pickering, Principal Planner (801) or Date: April 6, 2016 Re: PLNZAD Go Rentals at 955 W. Folsom Avenue Determination of Nonconforming Use Change PROPERTY ADDRESS: 955 W. Folsom Avenue PARCEL ID: ZONING DISTRICT/ORDINANCE SECTION: Transit Station Area Urban Neighborhood Transition (TSA-UN-T) and Zoning Ordinance Section 21A H, Noncomforming Uses and Noncomplying Structures APPLICANT: Russell Swaner of Swaner Properties on behalf of Go Rentals DETERMINATION ISSUE: Whether the proposed use of vehicle, automobile rental agency is sufficiently similar to an existing nonconforming use of light manufacturing to allow the change of use on the subject property. Changing from one nonconforming use to another nonconforming use is a decision that is made by the Appeals Hearing Officer per ordinance section 21A H.1. RECOMMENDATION: The Planning Division recommends that the Appeals Hearing Officer approves the proposed change from light manufacturing to vehicle, automobile rental agency because the proposed use is a less intensive land use type to the prior existing use and the subject site is able to provide the required off street parking within the limits of existing, legal hard surfaced parking areas on the site. PROJECT DESCRIPTION: In this case, the Zoning Ordinance in Section 21A H.1 refers questions of substituting nonconforming uses to the Appeals Hearing Officer. The ordinance language states the following: 1. Change Of Nonconforming Use To Another Nonconforming Use: Any change of an existing nonresidential nonconforming use to another nonconforming use that is listed as a permitted use in the small neighborhood business district or the neighborhood commercial district in Section 21A , Table Of Permitted SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM PO BOX SALT LAKE CITY, UT TEL: FAX: PLNZAD Go Rentals Page 1 of 36 Published Date: March 29, 2016

2 And Conditional Uses For Commercial Districts, of this title, is permitted. Any other change of a nonconforming use to another nonconforming use is subject to determination by the Appeals Hearing Officer as to the new use being a similar land use type as the existing use as defined in chapter 21A.62, Definitions, of this title, and subject to the site being able to provide required off street parking within the limits of existing legal hard surfaced parking areas on the site. The definition of Similar Land Use Type is defined in the Definitions Chapter 21A.62: Land uses shall be considered to be similar land use types, if the uses are listed as a permitted or conditional use in the same land use tables within chapter 21A.33 of this title and the uses have similar off street parking requirements as defined in chapter 21A.44, Off Street Parking, Mobility And Loading, of this title. The applicant claims the subject property has been used within the last year as a light manufacturing facility. While the light manufacturing facility is not currently operating on the site, the applicant has indicated that the lease with the prior business, Artis, ceased operations at the site in September This request is to change the use from light manufacturing to vehicle, automobile rental agency. The applicant has indicated that this location will be used to store the vehicles for rental and also as an office for Go Rentals. The vehicles will be delivered to and picked up from customers at airport terminals, hotels, or resorts. Customers will not be visiting this site to either pick up or drop off their vehicles. The applicant has indicated that the proposed use is less intensive than the previous use and there will be no customers visiting the site. It will only be employees of Go Rentals. Vehicle, automobile rental agency, the proposed use, is not permitted in the Transit Station Area Urban Neighborhood - Transition (TSA-UN-T) zoning district, which is the district affecting the subject property, but could be allowed if, found to be similar enough to the existing use. The most recent use is also not permitted by current zoning regulations but was legally established prior to the current regulations and is considered a nonconforming use. According to Section 21A H of the Zoning Ordinance, if the uses are determined to be similar by the Appeals Hearing Officer, then the proposed use may operate on the property as a nonconforming use, subject to the regulations in Section 21A.38 of the city zoning ordinance. PLNZAD Go Rentals Page 2 of 36 Published Date: March 29, 2016

3 Front of subject property Side view showing the extent of the building ISSUES: To assist the Hearing Officer in reviewing this request, the Planning Division has provided the following response. Issue 1: Is the current use a legal, nonconforming use? The Zoning Ordinance defines a NONCONFORMING USE as: Any building or land legally occupied by a use at the time of passage of the ordinance codified herein or amendment thereto which does not conform after passage of said ordinance or amendment thereto with the use regulations of the district in which located. The following is a summary of the use of the property: - The property was built in There is little history to the businesses that occupied the site initially. The building owner, Russ Swaner has indicated that MarbleCast occupied the building from approximately 2001 to MarbleCast was another light manufacturing business that molds and casts statues and other decorative stone. MarbleCast ended up moving to another building at 947 W. Folsom Avenue where they still operate today. - After MarbleCast vacated the 955 address, an automobile repair and restoration business located in the building. However, this business did not obtain a business license and was evicted after approximately six months by the building owner, Russ Swaner. - In 2008, a military contractor company named Artis, located within the same building PLNZAD Go Rentals Page 3 of 36 Published Date: March 29, 2016

4 utilizing a 957 W. Folsom Avenue address. Artis was a light manufacturing facility that developed defense systems that were then tested in the west desert. Around 2011, Artis expanded their business into the 955 W. Folsom Avenue address and continued to operate there until September, Therefore, based on the information above, staff believes that the most recent use of the site as a light manufacturing facility is a legal nonconforming use and that status has not been lost since the business operated on the site within the last year. Issue 2: Is the most recent use similar to the proposed use? The most recent use and the proposed use are not similar, but the proposed use (vehicle, automobile rental agency) is less intensive than the prior use of a machine shop (light manufacturing). Both uses consist of business operating completely within an enclosed building and there is no outside storage of goods. The two uses are defined as: VEHICLE, AUTOMOBILE RENTAL AGENCY: Leasing or renting of automobiles, motorcycles, and light load vehicles including incidental parking and servicing of vehicles for rent or lease. LIGHT MANUFACTURING: The assembly, fabrication or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such assembly, fabrication or processing takes place or where such processes are housed entirely within a building. Light manufacturing generally includes processing and fabrication of finished products, predominantly from previously prepared materials, and includes processes which do not require extensive floor areas or land areas. The term light manufacturing shall include uses such as electronic equipment production and printing plants. The term light manufacturing shall not include any use which is otherwise listed specifically in the table of permitted and conditional uses for the category of zoning district or districts under this title. The definition of Similar Land Use Type cited on page 2 of this document needs to be considered in this situation. The definition notes that the use tables of two specific zoning districts must be considered to help determine if both the existing and proposed uses are permitted. In cases where a TSA zoning district is involved, which only has a table of prohibited uses, Planning Division staff utilizes the land use table for other similar zoning districts. Typically staff finds the least intense zoning district that permits both uses (existing and proposed) and then determines if that district and the TSA district are similar in purpose and intensity. In this case, both uses are first listed in the BP (Business Park) zoning district. Light manufacturing is listed as a conditional use in this zone and vehicle rental facilities are listed as permitted in the district. The purpose of the BP district is to provide an attractive environment for modern offices, light assembly and warehouse development and to create employment and economic development opportunities within the city in a campuslike setting. This district is appropriate in areas of the city where applicable master plans support this type of land use. The standards promote development that is intended to create an environment that is compatible with nearby, existing developed areas. In addition to the BP zoning district, both of the uses are also allowed in the A (Airport) zoning district. The A district is intended to provide a suitable environment for the Salt Lake City International Airport and private uses that function in support of the airport facility. This PLNZAD Go Rentals Page 4 of 36 Published Date: March 29, 2016

5 district is appropriate in areas of the city where the applicable master plans support this type of land use. Below is an excerpt of the land use tables for both the BP and A zoning districts: 21A : TABLE OF PERMITTED AND CONDITIONAL USES FOR SPECIAL PURPOSE DISTRICTS: Legend: C = Conditional P = Permitted Permitted And Conditional Uses By District Use RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU Light manufacturing Vehicle, automobile rental agency C P P P The purpose of the TSA transit station area district is to provide an environment for efficient and attractive transit and pedestrian oriented commercial, residential and mixed use development around transit stations. Redevelopment, infill development and increased development on underutilized parcels should include uses that allow them to function as part of a walkable, mixed use district. Existing uses that are complementary to the district, and economically and physically viable, should be integrated into the form and function of a compact, mixed use pedestrian oriented neighborhood. Although the purpose statements of the BP and A zoning districts are somewhat different from the TSA zone, all three districts emphasize economic development and a mix of uses, both public and private, within each of the zoning districts. The TSA district also states that existing uses that are economically and physically viable to the area should be integrated into the existing neighborhoods. The area where the proposed vehicle, automobile rental agency is located has a mix of uses that support the neighborhood, some of which are non-conforming to the TSA district. The proposed less intense use of the property is appropriate given the conditions in the area and the fact that the two uses are similarly found in other zoning districts. Therefore, staff would conclude that the change of use is appropriate. Issue 3: Can the site accommodate required parking for the new use? Within the TSA Core zoning districts, there is no minimum parking requirement (see 21A G.4). Therefore, both land uses have the same parking requirement and the property would meet all applicable parking standards. Summary: The most recent use on the property, light manufacturing, was a legal nonconforming use. The proposed use of vehicle, automobile rental agency is similar in type and parking needs, as required by the definition of Similar Land Use Type. The similarities are sufficient enough that the proposed use of the site as a vehicle, automobile rental agency should be allowed to replace the light manufacturing facility and continue as a nonconforming use as permitted in Zoning Ordinance section 21A H. NEXT STEPS: If the proposed use (vehicle, automobile rental agency) is determined to be similar to the most PLNZAD Go Rentals Page 5 of 36 Published Date: March 29, 2016

6 recent use (light manufacturing), and therefore allowed to operate at the subject location, the business license can be updated to reflect the new use. No other planning approvals are required. Any decision can be appealed to Third District Court within 30 days. ATTACHMENTS: A. Vicinity Map B. Application and Documentation of Evidence PLNZAD Go Rentals Page 6 of 36 Published Date: March 29, 2016

7 ATTACHMENT A: VICINITY MAP PLNZAD Go Rentals Page 7 of 36 Published Date: March 29, 2016

8 ATTACHMENT B: APPLICANTION AND DOCUMENTATION OF EVIDENCE PLNZAD Go Rentals Page 8 of 36 Published Date: March 29, 2016

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