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SALT LAKE CITY ORDINANCE
No. 31 of 2013
(Amending the zoning on a portion of properties located at 834 and 836 South Edison Street)
An ordinance amending the zoning on the rear portion of properties located at 834 and 836 South Edison Street from SR-3 to D-2 to facilitate the expansion of business activities on an adjoining property located at 825 South State Street pursuant to Petition No. PLNPCM2012-00114.
WHEREAS, the applicant, Epic Brewing LLC (“Applicant”) owns properties located at 834 and 836 South Edison Street (Tax Id Nos. 16-07-152-019 and 16-07-152-020) (the “Edison Parcels”), which lots are adjoining Applicant’s property located at 825 South State Street (the “State Street Parcel”); and
WHEREAS, the Edison Parcels are presently zoned SR-3 (Special Development Pattern Residential District); and
WHEREAS, the Applicant desires to have the rear portion of the Edison Parcels zoned D-2 (Downtown Support District) in order to facilitate expansion of Applicant’s business on its adjoining State Street Parcel; and
WHEREAS, the Salt Lake City Planning Commission held public hearings on July 11, 2012 and October 10, 2012 on Applicant’s petition (Petition No. PLNPCM2012-00114) to amend the zoning of a portion of the rear of the Edison Parcels from SR-3 (Special Development Pattern Residential District) to D-2 (Downtown Support District) to accommodate the expansion of Applicant’s business activities on its adjoining State Street Parcel; and
WHEREAS, at its October 10, 2012 meeting, the planning commission voted in favor of forwarding a negative recommendation to the Salt Lake City Council on Applicant’s petition; and
WHEREAS, after a public hearing on this matter the city council has rejected the planning commission’s recommendation and has determined that adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the Zoning of a portion of the Edison Parcels. That the zoning a portion of the rear of the Edison Parcels, located at 834 and 836 South Edison Street (Tax Id Nos. 16-07-152-019 and 16-07-152-020), and which are more particularly described on Exhibit “A” attached hereto, shall be and hereby is amended from SR-3 (Special Development Pattern Residential District) to D-2 (Downtown Support District) as shown on Exhibit “B” hereto, subject to the condition provided in Section 2 herein. The front portions of the Edison Parcels shall remain in the SR-3 (Special Development Pattern Residential District) zoning district.
SECTION 2. Condition. Approval of the amendments described in Section 1 above is conditioned upon Applicant entering into a development agreement with the city that:
a. Requires Applicant to consolidate the rear portions of the Edison Parcels proposed to be rezoned with the State Street Parcel through the minor subdivision process. The area to be separated from the Edison Parcels and consolidated with the State Street Parcel shall only include the area of the Edison Parcels proposed for rezoning. The buildable area of the resulting expanded State Street Parcel (“Expanded State Street Parcel”) shall be limited to the first 165 feet from the west property line adjacent to State Street and shall be identified on the plat. Parking, landscaping and other accessory uses are permitted east of the 165 foot buildable area. However, no accessory structures shall be permitted outside of the buildable area.
b. Requires landscaping buffers to be installed along the rear yard line and the interior side yard lines of the Expanded State Street Parcel adjacent to residential uses, which landscaping buffers shall meet the city’s more restrictive requirements for perimeter parking lot landscaping.
c. Requires Applicant to install a 6’ high solid fence along the north, east and south property lines of the Expanded State Street Parcel. The fence shall be of a material allowed by ordinance and should not allow light to penetrate through to adjacent residential properties.
d. Runs with the land.
Such development agreement shall be executed by the Applicant and by the mayor or his designee upon certification by the planning director that the condition identified herein is satisfied. The executed development agreement shall be recorded against the Expanded State Street Parcel by filing an original thereof with the Salt Lake County Recorder.
SECTION 3. Effective Date. This ordinance shall become effective on the date of its first publication. The city recorder is instructed to not publish or record this ordinance until the conditions identified above have been met, as certified by the city’s planning director.
SECTION 4. Time. If the conditions set forth herein are not satisfied within one year from the adoption of this ordinance, it shall become null and void.
Passed by the City Council of Salt Lake City, Utah, this 9th day of July, 2013.
Bill No. 31 of 2013.
Published: has conditions.