CITY OF LOGAN, UTAH ORDINANCE NO

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1 CITY OF LOGAN, UTAH ORDINANCE NO AN ORDINANCE AMENDING TITLE 17 OF THE LAND DEVELOPMENT CODE OF LOGAN CITY, UTAH BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF LOGAN, STATE OF UTAH AS FOLLOWS: SECTION 1: That certain code entitled "Land Development Code, City of Logan, Utah" Chapter : "Allowed Uses in the Districts and Corridor Zones" is hereby amended as attached hereto as Exhibit A. SECTION 2: This ordinance shall become effective upon publication. AYES: NAYS: ABSENT: PASSED BY THE LOGAN MUNICIPAL COUNCIL, STATE OF UTAH, THIS DAY OF,2017. Holly H. Daines, Chair ATTEST: Teresa Harris, City Recorder PRESENTATION TO MAYOR The foregoing ordinance was presented by the Logan Municipal Council to the Mayor for approval or disapproval on the day of, Holly H. Daines, Chair MAYOR' S APPROVAL OR DISAPPROVAL The foregoing ordinance is hereby this _ day of ----' H. Craig Petersen, Mayor

2 EXHIBIT A Re!identRI oc.:up;mcy of! dwellil:;g 1Illi.t lry"! fmily. or 110 more Ibm three UlIre!aleci in.dh'tdlw~ The resldemiallll1ib!bllil be acces!2!i t2!he mmm"(=melll5~1)) am! ~!I!!lQIIWIled mtilm!he walli of!he 1!!!!1:!!I straallie (to~, mimire!liwe! p- p- p- N N.! N.!. N WIII!!n!lIme blrildii!.!) Qctl Clnfikru; G' iealm;' ~mi~!:ie P-=IDid to h;~=e em m. ~ N N N ~ Q Q ~ (borne beating exempt) (See

3 II) L o I SEAYICf; COMMUNITY DEVELOPMENT MEMORANDUM TO MUNICIPAL COUNCIL DATE: July 27, 2017 FROM: Amber Pollan, Senior Planner SUBJECT: Ordinance #17-19 District and Corridor Zones Use Table Text Amendment Summary of Planning Commission Proceedings Project Name: LDC Amendment District & Corridor Uses Request: Text Amendment Project Address: Citywide (Commercial and Industrial Zoning) Recommendation of the Planning Commission: Approve On July 13, 2017, the Planning Commission recommended that the Municipal Council approve the LDC Amendment District and Corridor Uses Planning Commissioners vote (6-0): Motion: T. Nielson Second: D. Newman Yea: E. Ortiz, T. Nielson, D. Newman, R. Dickinson, R. Price, S. Goodlander Abstain: none none Nay: Attachments: Staff Report Ordinance #17-19 Planning Commission Meeting Minutes from July 13, 2017

4 LOGAN, I' COMMUNItY DEVn~h'.Hfl Project # District & Corridor Uses Code Amendment REPORT SUMMARY... Project Name: Proponent/Owner: Project Address: Request: Type of Action: Date of Hearing: Submitted By: LDC Amendment District & Corridor Uses Community Development Department Citywide Code Amendment Legislative July 13, 2017 Amber Pollan, Senior Planner RECOMMENDATION Staff recommends that the Planning Commission recommend approval to the Municipal Council for the following amendments to the Land Development Code (LDC): Sections District & Corridor Uses. REQUEST The proposed modifications to 17.17: District & Corridor Zone Uses alter the formatting of some categories and use allowances in the Residential Uses section and make modifications to use allowances in some zones for eleven (11) use categories. Residential Uses The current format of the Residential Uses section includes a footnote (1) that clarifies the Residential occupancy land use category. Staff is proposing to move the footnote language to the Land Use description box as it applies to all District & Corridor zones. The category will now read: "Residential occupancy of a dwelling unit by a family, or no more than three unrelated individuals. The residential units shall be accessory to the primary commercial use(s) and shall be contained within the walls of the primary structure (e.g., mixture of uses within the same building)." This use will still be permitted in the TC, COM, MU, and CC zones. Footnote 1 will be eliminated and Footnote 2 will be renumbered to be the new Footnote 1. Districts & Corridors Doo:mitorie~. S",roritie~ CN qj Ql N ~ Re~llal occupancy of I dwellil::g IIllit \r,- I fmw~. or 110 more Ibm three um-ela!ed i!ldit. d!lab. The ruideatia.lllllit!!hall be ~ce29!i!o Iht II!rtm4rI. co~ users) ;md 5ball be: conuir.ed wjih.cilht wall! afm! IIItmM'f mucruje (e.~. nrixuae ofllo~ P. p- p- p - N lrith!:n. ~ame l!uiim;l. 0;,4 nr5z br at l'1c11atr ~ m);!- b. p'm,,.,1 k' 10' QP p., N ~ N N~ N.!. N N N ~ ~ :!'i ~ ~ ~ This Land Use category also has an asterisk that provides further regulation for caretaker apartments. This use will be moved to its own Land Use Category and their allowance by

5 Conditional Use Permit maintained in the CS and IP zones. This change is also to clarify the formatting to make it more legible in the Code. The final Residential Use change is the allowance for Dormitories, Fraternities, and Sororities. They have been allowed by Conditional Use Permit in the TC, COM, and MU zones in the current code since 2011 and there were allowances in the previous code version also. We have not had any student housing or fraternities or sororities proposed in the TC, COM, or MU zones and so it has not been a need to provide for them in these areas and it would be appropriate to limit them to the Campus Residential, CR-40, zone where they are allowed by Conditional Use Permit currently. Commercial Uses One modification is proposed to a land use in the Commercial Uses category. "Bank, savings and loans, or credit union" facilities are proposed to change from "N"- not permitted in the Gateway-GW zone to a "P"- permitted use. The only area that the City currently has GW zoned property is on the northwest part of town along 2500 North and approximately West. The GW zone has been replaced in all other areas with an overlay zone. There are not any proposed developments for this area, this is just a consideration that it is a use that would be appropriate in a GW zone. N (bome hearing exemp-t) (See N N N N p N A "Hardware Store" and a "Studio, photographer, artist, music, dance, and drama" are currently not permitted in the Industrial Park (IP) zone. There are similar uses in the IP zone, such as contractor supply stores that are permitted and a number of similar existing businesses in the IP area that it seemed appropriate to adjust this category. The studio change is proposed as there may be an artist or dance facility that may be interested in spaces that the IP zone provides. A change was made to the "Studio, health and fitness" category to allow it in the IP zone in 2013 as some industrial spaces were attractive to businesses like cross-fit studios. This is a similar nature where other studio-type uses may be looking for industrial spaces to meet their needs. Project # Code Amendment District & Corridor Uses Sta ff Report for the Planning Commiss ion me~ ting ofjuly 13,2017 2

6 "ATVs, Motorcycle, and Snowmobile sales and rental" is proposed to be moved from not permitted in the Commercial (COM) zone to allowed by Conditional Use Permit (C). Auto sales are allowed by conditional use in the COM zone and this use and impacts are similar in nature. A "Welding or machine shop" is being proposed to change from a permitted use to requiring a Conditional Use Permit. As most of the COM-zoned areas are along major roads in the City, this would allow the Planning Commission to review the use for potential impacts prior to operation in these corridors. "Gasoline, petroleum products storage (home heating exempt)" is being proposed to change from permitted in the COM zone to requiring a Conditional Use Permit. The CS zone would change from being not permitted to allowed with a Conditional Use Permit. The storage may include above ground or below ground tanks and the Conditiona Use Permit allows for the site design and storage to be reviewed by the Planning Commission to mitigate any potential impacts. Industrial Uses Four (4) categories are proposed to have modified allowances. Districts & Corridors N N N P N N N N N P P N N N N N NC C N N N N N C N "Contractor supply store" is proposed to change from not permitted to permitted by Conditional Use Permit in the COM zone. The COM zone allows uses such as a hardware store as a permitted use and this use is similar in nature and impact but would allow for review and noticing with a Conditional Use Permit. The CS zone is designated to fill the need between Industrial and Commercial land uses. It is to provide alternative locations for light manufacturing and warehouse uses to support construction and manufacturing trades. Presently, "Warehousing" and "Contractors storage yard of heavy equipment" are not permitted when they may be appropriate in certain locations and at certain scales. The City is proposing to modify them from not permitted to permitted by Conditional Use. Staff does not believe that "Enclosed Wrecking or Salvage Facilities" would be appropriate in the Commercial zone or meet the intent of the zone and is proposing that they would no longer be permitted. GENERAL PLAN The Land Development Code was prepared and adopted to implement the vision expressed in the General Plan. These proposed amendments help clarify the code and modify uses that are Project # Code Amendment District & Corrielor Uses Sta ff Report fo r the Planning Commission meeting of July 13,

7 consistent with intent of amendments are consistent with the Land Use RECOMMENDATION AND SUMMARY would recommend that Planning Commission forward a recommendation of approval to the Council their PUBLIC COMMENTS time the report was no public comments had received. PUBLIC NOTIFICATION Legal were published in the Herald as a page ad on June 25, 2017 in legal notice section on July 2, Notice was Dos,tea on the City's website and the Utah Public Meeting on July 2, AND CITY DEPARTMENT COMMENTS No comments been rgr'gl\.'''''' RECOMMENDED FINDINGS FOR APPROVAL The Planning Commission bases its decisions on the following findings: 1. Utah Law local Planning Commission recommend changes to the legislative body (Municipal Council). 2. Code Amendment is done in conformance with the requirements of Title 17. the Logan Municipal Code. 3. proposed Code Amendments to the Residential Uses provide clarification to the formatting intent of uses in District & Corridor zones. 4. The proposed Code Amendments to the allowances of uses in the District & Corridor zones are minor in and with the intent and impacts associated with land use zones. these amendments are with the overall goals and objectives Plan. No public comment has been received regarding the proposed amendment. Project # Code Amendment District & Corridor Uses Stuff Report for the Planning Commission mectmg ofjuly 13,

8 ~ CAN PLANNING COMMISSION MIN CITY UNITED IN SERVICE Meeting of July 13, 2017 Logan City Planning Commission Chairman Price called the to order on Regina Dickinson, Sandi Goodlander, Ortiz, Russ Price =-=::...:..:..:..:..:..:.::::.=.:..:.=:..:...:===. David Butterfield Holley, Amber Pollan, Bill Young, Paul Taylor, Debbie Zilles, Jeannie Simmonds (Municipal Council liaison) The of office was administered to new Commissioner Sandi Goodlander by City Recorder, Harris. from the June 22, 2017 meeting were reviewed. Commissioner minutes be approved as submitted. Commissioner Nielson seconded the motion. unanimously approved. motion was Amendment] an amendment to the Land Development Code Chapter & Corridor (Allowed Uses). Ms. Pollan reviewed the request for modifications to use allowances in the Residential IIr",,,,,,,,,,,,,,., in some zones for eleven (11) use categories. Uses section includes a footnote (1) that clarifies the use category. Staff is proposing to move the footnote language to description box as it applies to all District & Corridor zones. The will now occupancy of a dwelling unit by a family, or no more than three unrelated individuals. c>,nl::.nt,nl units shall accessory to the primary commercial use(s) and walls of the primary structure (e.g., mixture of uses within the same building)." This use in the TC, COM, MU, and CC zones. has an asterisk that provides further regulation for use will be moved to its own Land Use Category and allowed by Conditional Use Permit in the IP zones. This change is also to clarify the formatting to make it more legible in change is allowance for Dormitories, Fraternities, and Sororities. allowed by Conditional Use Permit in the TC, COM, and MU zones in Meeting Minutes for July 13, I

9 2011 and there were allowances in the previous Code. No housing, fraternities or sororities have proposed in the TC, COM, or MU zones so there has not been a need to provide for them in these areas and it would be appropriate to limit to the Campus Residential, CR-40, zone where they are allowed by Conditional Use currently. One modification is proposed in Commercial category. savings loans, or union are proposed to change from "N"- not permitted in the Gateway-GW zone to a - permitted use. The only area that the City currently GW zoned property is on northwest part of town 2500 North approximately The zone has been in all areas with an overlay zone. are no proposed developments for this area, this is a that it is a use that would be appropriate in a GW zone. are proposed have modified A store and a studio, photographer, artist, dance, drama" are currently not permitted in the Industrial Park (IP) zone. There are similar uses in the IP zone, such as contractor supply stores that are permitted and a number of similar existing businesses in IP area that it c:."''''rn'''ri appropriate to adjust category. studio change is proposed as there mayan artist or that may be interested in spaces that the IP zone provides. A change was made to and fitness" category to allow it in the IP zone in 2013 as some industrial spaces were to businesses like studios. is a similar where other studio-type uses may be looking for industrial spaces to meet their needs. motorcycle, and snowmobile sales and is proposed to be moved from not permitted in the Commercial (COM) zone to allowed by Conditional Permit (C). Auto sales are allowed by conditional use in COM zone this use and are similar in nature. A "welding or proposed to change from a permitted use requiring a Conditional Use the COM-zoned areas are along major in the City, would allow Planning Commission to the use for potential impacts prior to operation in these corridors. "Gasoline, petroleum products (home heating exempt)" is being proposed to change from permitted in the COM zone to requiring a Conditional Use Permit. The CS zone would change from being not permitted to allowed with a Conditional Use The may include above ground or below ground and the Conditional Use Permit allows for design storage to be reviewed by the Planning Commission to mitigate any potential impacts. (4) categories are proposed to have modified allowances. "Contractor supply store" is to change from not to permitted by Conditional Permit in the COM zone. COM zone allows uses such as a hardware store as a permitted use and this use is similar in nature and but would allow for review noticing with a Conditional Use Permit. CS zone is to fill need Industrial Commercial land uses. It is provide alternative locations for light manufacturing and warehouse uses to support construction and manufacturing "warehousing and contractor's yard of equipmenf' are not permitted when they may be appropriate in certain locations and City is proposing to modify them from not permitted to permitted by Conditional Use. does not that \AL""<JU wrecking or salvage would be appropriate in Commercial zone or meet intent of the zone and is proposing that they no longer be permitted. 7

10 PUBLIC: None COMMISSION: Price asked ATV/Recreational Vehicle allowances. Ms. Pollan said there are two categories - Auto and Auto Repair. Auto Service is usually performed onsite lube, tire or oil change, quick service) and Auto is more extensive (Le. a body shop) and is only allowed in the Services (CS) and Industrial (IP) zones. Auto Service is permitted in the Commercial (COM) zone. Chairman Price noted that often locations that sell ATV's also do repairs. Chairman Price the wording in the Industrial Uses section 3 of the report) "Presently, warehousing and contractor's yard of heavy are not permitted may be in certain locations certain scales" which prohibits any possible control. He would to see this wording and reviewed. Commissioner Newman asked if quick check services were differentiated from banks, savings and loans, or credit unions. Ms. Pollan explained that are under different uses. She also noted that City regulates and limits check cashing upon population. Chairman Price ov."\ro,<>",<::,ri concern with allowing studios in the because there are enough buildings to accommodate that type of use for zone there is concern of Commissioner Nielson Commissioner Nielson the wording locations and certain is confusing and can create debate. Chairman Price agreed and noted that if a use is allowable then it must be approved and there should be a way to differentiate where uses might be appropriate. He this wording is too in regards to this particular issue. Commissioner >.JVVUICII if making it a use would problem. Chairman Price a conditional use to allowed if it is a use, however, the Commission can mitigating conditions. Commissioner commended the change to limiting dormitories, and sororities to Campus Residential (CR) zone, near the University. Chairman Price noted that USU is not the only educational institution and asked how this might impact other facilities. Ms. Pollan explained that it is only permitted as a conditional use in the zone. Chairman that it is a good idea to keep resources close to University. Commissioner Nielson development Mr. dormitories are about the difference Oel[WE~en it relates to the Tr"A,'<>rn apartment-style MOTION: Commissioner Nielson moved to forward a recommendation of approval to the Municipal Council for an amendment to the Land Development Code as outlined in with the findings for approval as listed below with regarding the uses within the Industrial Park (IP) zone studios) and wording, specifically under the zone. Commissioner Newman seconded motion. Utah State Law to the legislative body Council). amendment is in conformance with the of Logan Municipal The amendment provides clarification to the formatting and intent of residential uses in the District & Corridor zones.

11 The amendment is in and consistent with intent impacts """".v..., with the land use zones. 5. The provisions of amendment are consistent with overall goals and objectives Logan General Plan. 6. No public comment received regarding the amendment. Moved: Commissioner Nielson Seconded: Commissioner Newman Approved: 6-0 Dickinson. Goodlander. Price, Newman, Nielson Abstain: Meeting adjourned at Planning Commission Meeting Minutes for July 13, Page

12 Minutes approved as written and digitally recorded for the Logan City Planning Commission of July 13, Michael A. DeSimone Community Development Director Price Planning Commission Chairman Russ Holley Senior Amber Pollan Senior Debbie Administrative Assistant