UPDATED: Sept. 6

At the Sept. 6 work session, the Salt Lake City Council received a follow-up briefing regarding a request to rezone property located at 2705 East Parleys Way from Community Business to Community Shopping and change the East Bench Community Master Plan Future Land Use Map to be consistent with the proposed rezoning.

The action would have facilitated demolition of the existing structure on the property (a former Kmart store) and construction of a new Walmart Supercenter. 

In a formal meeting, the Council voted 6-1 against the zoning proposal. Walmart is still permitted to partially remodel the existing building. .

UPDATED**: July 22, Aug 11, Aug. 24,

 The Walmart public hearing  on Aug. 23 packed the Council Chambers (and an overflow room) as people lined up to express to the Council support or opposition for the rezoning proposal. After more than two hours of testimony, Council members agreed to digest the viewpoints given at the meeting and get further clarification on several points raised at the hearing, including: 

 the extent to which the building can be remodeled,

 what can be done under the current zoning as opposed to what could be done under the requested zoning,

 the legal parameters or discretion the legislative body has in approving or denying zoning and master plan changes,

 and whether or not Walmart could build a gas station at the location.  

 A date for the Council vote on the proposal  has not been set, but could happen  in the coming weeks.

   Other new information to Open City Hall includes:

   A copy of the Walmart presentation made to City Council on July 19

   Access to the latest Council staff report on the requests

Introduction:

The Salt Lake City Council is reviewing two related petitions submitted by Walmart to rezone property located at 2705 E. Parleys Way from the existing Community Business (CB) district to Community Shopping (CS) and to amend the East Bench Community Master Plan to reflect the proposed zone.

In February, the Salt Lake City Planning Commission recommended the Council deny both requests. If the Council supports the Walmart proposal, a new building could be built. At a public meeting on July 19 with Council members, a Walmart representative said the company plans to request approval to build an approximately 92,000 square foot building if the rezoning is approved.  The existing building at the location, a former Kmart store, is approximately 120,000 square feet. If the petitions are denied by the Council, Walmart could still remodel the existing building on the site.

Proposed changes: 

The City is analyzing whether it is appropriate to change the zoning on the Walmart property from CB to CS and if it is appropriate to change the future land use map in the community master plan. The City is not reviewing Walmart’s preliminary development plans.  (That will happen later, if the rezone and master plan requests are approved.)  

**Walmart presentation to Council on July 19: 

http://s3.amazonaws.com/peakdemocracy/public/uploads/79/221/741/127.pdf

State law and City zoning regulations provide guidance for the City Council and Planning Commission in considering zoning changes and master plan amendments.  In simple terms, State law provides decision-making and process requirements.  The City Zoning regulations provide general criteria to be considered for zoning changes.  

For specific wording of State requirements see State Code, Title 10 Utah Municipal Code, Chapter 9a. Municipal Land Use Development and Management Act. 

For specific wording of City Zoning requirements see Salt Lake City Code, Title 21A Zoning, Chapter 21A.50 Amendments

The Council may approve these requests with or without conditions or deny the proposals. If the City Council approves the petition to rezone the property to CS, the Walmart development plan would have to be approved by the Planning Commission as a Planned Development. This is a requirement for all new developments in the CS zoning district. The petitioner has submitted a preliminary site plan with the application; however, site plan and design approval is being not requested at this time.

Background:

The property is located in the East Bench planning community. The community planning goals are identified in the East Bench Master Plan. The Master Plan can be downloaded at http://www.slcgov.com/CED/planning/pages/masterplans.htm.

For more details about the proposal, please see the following documents  submitted by Walmart.

• Master Plan Amendment Application
• Zoning Amendment Application

Decision Making Process: 

The Public Hearing is Aug 23 at 7p.m. in the Salt Lake City Council Chambers. Council Members were publically briefed on the topic at their July 19th meeting. A date to vote on the proposal could be set for early fall. The City Council will take into consideration the recommendation from the Planning Commission, as well as comments received from the public. Public Hearings and Council meetings are held at the City & County Building Council Chambers, 451 S. State Street, Room 315 (Council briefings are held in room 326).

Click here to see the Council agendas 

Walmart’s petitions for rezoning and master plan change were presented to the Planning Commission in a public hearing on February 9, 2011. There were 91 public comment cards submitted in the hearing with 48 people in support and 43 opposed. The comments made both in support and in opposition closely reflected the comments sent to the Planning staff prior to the public hearing. Based on the information presented in the staff report and at the public hearing, the Planning Commission voted six to one to transmit to the City Council a recommendation to deny the proposed master plan and zoning map amendments.

To view a more in depth history go to this background link and the February 9, 2011 Planning Commission minutes.

If the Council says no, why can the Walmart still open?

The property was rezoned in 1995 to CB as part of a city-wide rezoning project. At that time, Kmart was still considered a permitted use as a retail goods establishment.  However, as a result of the rezoning project, the structure on the property became non-complying with the zoning area regulations in the CB zoning district. 

The zoning regulations allow continuation of a noncomplying structure with a nonconforming use even if property ownership changes. In this case, the proposed Walmart is the same type of use as the previous Kmart; therefore, Walmart can operate within the existing building on the property subject to the standard business licensing and building code review processes.

There are limitations on what Walmart can do with the existing building considering its status as a noncomplying structure with a nonconforming use.  Walmart can open a new store in the existing building but can only make improvements on the building up to 50% of the total construction valuation. Walmart has obtained a permit to remodel the existing building and open a store if the City does not approve the rezone and master plan change.

In the CS zoning district, a “Superstore and Hypermarket Store” is permitted; therefore, if the zone change is approved, Walmart would be allowed to demolish the existing structure and build a new building.

For specific wording of City Zoning requirements see Salt Lake City Code, Title 21A Zoning, Chapter 21A.38 Nonconforming Uses and Noncomplying Structures.

What Changed? Previous Petition and February Proposal

In June 2007, Walmart submitted the same two types of petitions as those reviewed at the February 9, 2011 Planning Commission meeting. At that time, the preliminary development plan included an 115,060 square foot retail building with a 5,057 square foot garden center. In September 2008, the Planning Commission reviewed the petitions in a public hearing and voted to forward a recommendation of denial to the City Council. Walmart withdrew their petitions before the City Council considered the requests and took final action.

According to the February 2011 Planning documents, the preliminary development plan for a Walmart Supercenter reduced the size of the retail building to 91,750 square feet and eliminated the garden center. The height of the building would average 26 feet with a maximum height of 33 feet. The new plan includes designated walkways between Foothill Blvd. and Parleys Way. In addition, the new plan provides an area of land 1.15 acres in size for additional development. Walmart representatives stated that they had no specific plans for the 1.15 acre site, but would like to work with the community to determine the best use. They stated that if the community does not want another use on the property, the area would be used for additional parking.

For more complete information, please see:

City Council Transmittal from the Community and Economic Development Director

Previous Open City Hall topic on this Walmart proposal   

Salt Lake City Planning Division Report  

 Other Links:

**July 14 Council Staff report: ftp://ftrftp.slcgov.com/attachments/07-19-11-A3.pdf

Salt Lake Tribune article 

How Do I Voice My Opinion?

We want to hear from you!  Your comments on the proposal are very important.

There are three ways that you can participate in the decision process:

1. Provide your comments in this “Open City Hall” discussion forum.
2. Email or send a letter to the City Council.
3. Attend the public hearings.

All comments provided in the “Open City Hall” discussion forum, as well as those sent directly to Council, will be sent to City leaders for their consideration.

Contacts:

Here are other ways to provide comments to the City Council:

                 Email:                                                   council.comments@slcgov.com

                Write:                                                   Salt Lake City Council 
                                                                            451 S. State Street, Room 304
                                                                            P.O. Box 145476
                                                                            Salt Lake City, UT  84114-5476

                Phone:                                                 (801) 535-7600
                Fax:                                                      (801) 535-7651
                24- Hr Comment Line:                          (801) 535-7654

If you are unable to attend a City Council meeting, here are some other options:

• Watch SLCTV live from a computer by visiting: www.slctv.com and click on “watch SLCTV live”
• View a rebroadcast of a City Council meeting on SLCTV cable channel 17 by visiting:  www.slctv.com/schedule.htm to obtain an SLCTV schedule.
• Visit:  www.slctv.com/vid_demand.htm to listen to a previous Council meeting or download a podcast
• Contact the City Recorder’s Office at (801) 535-7671 and request a CD copy of a Council meeting or a  particular agenda item