NOTICE OF PUBLIC MEETING OF THE PLEASANT GROVE CITY … · Page 2 of 2 Christensen Applicant) Presenter: Director Cardenas Continued from the October 16, 2018 meeting. B. Public Hearing

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NOTICE OF PUBLIC MEETING

OF THE

PLEASANT GROVE CITY COUNCIL

PLEASE NOTE TIME CHANGE

Notice is hereby given that the Pleasant Grove City Council will hold a Regular Meeting at 5:00 p.m. on Tuesday October 23, 2018 in the Library 30 East Center (main level). This is a public meeting and anyone interested is invited to attend.

AMENDED AGENDA

5:00 P.M. REGULAR CITY COUNCIL

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. OPENING REMARKS

4. APPROVAL OF MEETING’S AGENDA

5. OPEN SESSION

6. CONSENT ITEMS: (Consent items are only those which have been discussed beforehand, are

non-controversial and do not require further discussion)

a. To consider approval of Payment Request for Holbrook Asphalt for the 2018 to 2020

Street Preservation – Asphalt Seal Coat.

PLEASE NOTE: THE ORDER OF THE FOLLOWING ITEMS MAY BE SUBJECT TO

CHANGE.

7. BOARD, COMMISSION, COMMITTEE APPOINTMENTS:

8. PRESENTATIONS: A. Arguments in favor of and against the proposed ballot proposition that is on the November

6, 2018 General Election ballot.

9. PUBLIC HEARING ITEMS:

A. Continued Public Hearing to consider for adoption an Ordinance (2018-23) to rezone

approximately 10.7 acres in order to apply The Boulevard Mixed-Use (BMU) Overlay to

property located at approximately 234 S Pleasant Grove Boulevard in the Commercial

Sales Subdistrict of The Grove Zone. (Sam White’s Lane Neighborhood) (Mckay

Page 2 of 2

Christensen Applicant) Presenter: Director Cardenas Continued from the October 16,

2018 meeting.

B. Public Hearing to consider adoption of an Ordinance (2018-27) to amend City Code

Section 10-12B-2: Permitted Uses in the Manufacturing Distribution Zone, by adding

uses (#2182, 2183 and 2184) as permitted uses to the Manufacturing Distribution (MD)

Zone in order to allow manufacturing of a variety of liquor products. (SAM WHITE’S

LANE) (Matthew Eau Claire Applicant)

10. CLOSED MEETING TO DISCUSS THE CHARACTER, PROFESSIONAL

COMPETENCE, OR PHYSICAL OR MENTAL HEALTH OF AN INDIVIDUAL

(UCA 52-4-205 (1)(a))

11. ADJOURN.

CERTIFICATE OF POSTING:

I certify that the above notice and agenda was posted in three public places within Pleasant Grove

City limits and on the State (http://pmn.utah.gov) and City (www.plgrove.org) websites.

Posted by: /s/ Kathy T. Kresser, City Recorder

Date: October 19, 2018 Reposted October 22, 2018

Time: 4:00 p.m.

Place: City Hall, Library and Community Development 65 North 100 East.

Please Note: Public Hearing Notice was published in the Daily Herald October 5, and October

12, 2018.

Supporting documents can be found online at: http://www.plgrove.org/pleasant-grove-

information-25006/staff-reports-78235

*Note: If you are planning to attend this public meeting and due to a disability, need assistance

in understanding or participating in the meeting, please notify the City Recorder, 801-785-5045,

forty-eight hours in advance of the meeting and we will try to provide whatever assistance may

be required.

http://pmn.utah.gov/

http://www.plgrove.org/

http://www.plgrove.org/pleasant-grove-information-25006/staff-reports-78235


HOLBROOK ASPHALT CO.1545 E Commerce DrSt. George UT 84790United States

InvoiceDate

8/31/2018Number

HAU185644

Bill To

City of Pleasant GroveAttn: Marty Beaumont323 West 700 SouthPleasant Grove UT 84062United States

Services Performed For

City of Pleasant GroveAttn: Marty Beaumont323 West 700 SouthPleasant Grove UT 84062United States

PO/LD #

Description

2018 Mastic

Rep Information

Aaron Eppley, [email protected],

Terms

Due Upon Completion

Description

MOBILIZATION

TRAFFIC CONTROL

POLYMER MASTIC COAT APPLICATION: (4230 North-4,691 SQUARE YARDS)

-- Clean & prepare surface using high pressure air & wire bristle brooms.

-- Apply Emulsified Asphalt Sealer

-- No guarantee pavement preservation materials will adhere to areas saturated with motor oil.

-- Pricing is based on work being completed in one day (one mobilization), unless stated otherwise.

HA5 HIGH DENSITY MINERAL BOND (129,843 SQUARE YARDS)

Clean & prepare surface using high pressure air & wire bristle brooms. Install “HA5” High Density

Mineral Bond advanced performance pavement preservation treatment. No guarantee surface treatments

will adhere to areas saturated with motor oil.

Qty

1

1

4,691

129,843

U/M

Ea

Ea

SqYd

SqYd

Rate

500.00

500.00

1.60

1.60

Total

500.00

500.00

7,505.60

207,748.80

TotalAmount Due

216,254.40$216,254.40

Proposition #8

Opinion Question: Shall Pleasant Grove City be authorized to impose a .1% sales and use

(C.A.R.E) tax to fund Parks and Recreation facilities and Cultural Arts Programs i.e. outdoor

pickle ball courts, remodel Discovery Park, redevelopment of the Downtown Park, batting cages,

and baseball field upgrades, fitness equipment and swimming pool features and additional future

projects.

For

Against

THE ARGUMENTS FOR OR AGAINST A BALLOT PROPOSITION ARE THE OPINIONS OF

THE AUTHORS.

ARGUMENT FOR PROPOSITION #8:

Simply put…the CARE Tax makes sense for Pleasant Grove residents. Here are the reasons why.

1) MINIMAL COST: For only 1/10th of a penny more in sales tax, our community will have improved arts,

recreation, parks programs and facilities. In a dollar amount, that’s 1 penny for every $10 spent in Pleasant

Grove to generate $325,000 annually. A huge benefit for a small increase in sales tax.

That is what the CARE Tax (Community Arts Recreation Enhancement) is all about. Enhancing the quality of

life for residents through new opportunities with the arts, recreation and parks in Pleasant Grove.

2) YOU ARE ALREADY PAYING IT: Do you shop in Orem, American Fork, Provo and Lindon? If you do, then you are already paying the same tax in those cities and contributing to THEIR arts, recreation and parks.

Business is booming in Pleasant Grove and it's time our residents benefit from that sales tax revenue. The CARE

Tax is estimated to generate $325,000 annually to our city. This means upgrades to parks including the historical

Downtown Park, Discovery Park, outdoor pickleball courts, an annual donation to city art programs,

improvements to our fields, PG Pool and much more.

3) WHAT IT’S NOT: This is a tax approved by the State of Utah to allow cities the opportunity to create a

better quality of life for their residents. This is NOT a property tax. This is NOT a fee. This is NOT a

monthly utility bill increase. It's 1/10th of a penny more in sales tax collected at the register from

EVERYONE who shops in our community, not just our residents. Just as we pay into neighboring

communities, shoppers will now be contributing to Pleasant Grove.

4) EVERYONE BENEFITS: From our youth to senior citizens, the funds generated from the CARE Tax

will benefit everyone. Quality parks and recreational amenities raise property values, additional outdoor

opportunities increase health and wellness and a vibrant arts culture is vital to a community. All ages of

residents will benefit from the CARE tax.

5) THIS IS YOUR VOTE: You get to decide if you want improved arts, recreation, parks programs and

facilities in Pleasant Grove. By state law, the City Council does NOT have the authority to enact this tax

without your approval at the ballot. The tax stays in place for 10 years. After 10 years, the residents must vote

again to approve it.

Now is the time to enhance our arts, recreation and parks for a minimal amount that most of us will not even

notice.

Let’s keep our tax dollars in Pleasant Grove and use that revenue to build a better community. Vote YES to the

CARE Tax.

SPONSORS FOR

Brooke Roper

Darrin Henry

Bob Gentry

Darek Giles

ARGUMENT AGAINST PROPOSITION #8:

Current City Debt:

$14,837,000 for land purchases

$2,310,000 for PG Boulevard

$3,715,000 for the Community Center

$8,760,000 for the Public Safety Buildings

$842,000 for Culinary Water Projects

$28,869,000 for Secondary Water System and infrastructure

Utility Fee increases since 2012:

Base Water Fee went from $10.99 to 20.81

5001 to 10,000 gal went from $1.47 to 2.52 per 1000 gallons

10,001 to 15,000 gal went from $2.14 to $3.68 per 1000 gallons

15,001 to 50,000 gal went from $3.06 to $5.27 per 1000 gallons

50,000 and above gal went from $3.66 to $6.31 per 1000 gallons

Secondary Water under .50 Acre went from $20.85 to $32.77

Secondary Water .50 acre to .99 acre went from $24.96 to $39.75

Secondary Water 1 acre and above went from $29.07 to $46.70

Storm Drain went from $7.74 to $12.48

Road Tax went from $0 to $8.25

For a household who used between 10,001 to 15,000 gal of water their city bill has gone up over $37 per month and

they are responsible to pay upwards of $600 per year for the city’s current debts.

Our city has shown that they are unable to manage money well. Our city is currently facing more litigation than ever

before. Our city continues to propose rate increases, tax increases and new taxes.

Our city continues to have failing systems. Our Secondary Water system, even though we have put tens of millions

of dollars into it, continues to underperform even the lowest expectations. Our roads continue to deteriorate at a

higher rate than we can maintain. Our city destroys buildings that could have been used by our grandchildren if they

were properly maintained. Our beloved, community built, Discovery park is needing to be torn down and rebuilt

because of lack of maintenance.

Our city doesn’t have a revenue problem, they have a maintenance problem. Why should we continue to give more

of our money to build more parks that will not be properly maintained? Why should we sit back as all our utility fees

continue to rise much faster than inflation? Why should we trust that the funds will be collected and spent legally

when our city continues to be challenged in court time and time again? Why should we sit back as the poor and

elderly of our city find it harder and harder to live on the small fixed income they bring in. Why should we allow the

middle class to subsidize their entertainment on the backs of the poorest among us.

How about we instead find ways to manage our money better and maintain what we have. Remember the old adage,

“A stitch in time saves 9”. Why would we continue to add additional services that need to be continually maintained

and yet not maintain what we already have.

We call on all PG citizens to Vote No on Prop 8. Let the city know you want them to maintain what we already have

and not continue to put undue burden on the poorest among us.

SPONSOR AGAINST

Jacob Zonts

REBUTTAL TO ARGUMENT AGAINST PROPOSITION #8

CARE Tax Facts

1) COMMUNITY INVESTMENT: Pleasant Grove residents have been paying the CARE Tax for years

every time we shop in American Fork, Orem, Provo, Cedar Hills, Lindon and many other Utah

communities who have this tax. We continue to pay to improve THEIR parks, recreation and arts

facilities. It’s time for OUR residents to benefit from the CARE Tax investment.

2) ONE PENNY: In a dollar amount, the CARE Tax equals one penny for every ten dollars spent on retail

purchases in the city (1/10th of 1% of local sales tax). That small amount will generate an estimated

$325,000 annually for Pleasant Grove residents. A huge benefit for a minimal amount spent.

3) RESIDENTS AND FAMILIES WIN: By supporting the CARE Tax, we improve the quality of life for all

ages. Pleasant Grove families and residents win by receiving improved parks, recreation and arts facilities.

Upgraded amenities increase property values, offer more outdoor health opportunities and continue

important arts programs.

4) IT’S YOUR CHOICE: This tax will only be enacted if residents vote yes on the ballot.

Keep our tax dollars in Pleasant Grove and use that revenue to build a better community. Vote YES to the CARE

Tax (Proposition 8). For more information visit pgcares.wordpress.com.

SPONSORS FOR

Brooke Roper

Darrin Henry

Bob Gentry

Darek Giles

REBUTTAL TO ARGUMENT FOR PROPOSITION #8

Over the past 6 years, and more specifically the past 2 years, the US economy has seen huge gains. I am sure you

have felt this growth in your own paychecks. I bet you have seen the value of your home increase significantly. The

remarkable thing about economic growth is that everyone benefits. When people have more money, they tend to buy

more things. When more things are bought, companies tend to hire more people and give better raises. When more

people are hired, and employees receive better raises, they have more money and the cycle continues.

Some who support this tax increase have said “The economy is doing so well, it’s not so bad to pay a little more in

taxes. Everyone will benefit.” What they fail to mention is that nearly every tax has a built-in increase mechanism

because they are percentage based. When the economy is doing better, the government collects more money. Since

2012 the amount of Property, Sales, and Misc Taxes that Pleasant Grove collected has increased dramatically.

Property Taxes collected: 2012 - $2,530,000 2018 - $3,210,000

Sales Taxes collected: 2012 - $3,625,000 2018 - $5,690,998

Misc Taxes collected: 2012 - $1,975,000 2018 - $2,470,365

Our city’s Sales Tax increased by 37%. Any increase in the percentage of a tax hurts businesses, which hurts

employees, which stagnates the economy. Let your government know you support your neighbors’ business and that

you already pay more taxes. Vote No on Prop 8.

SPONSOR AGAINST

Jacob Zonts - PG Watchdogs

Community Development 65 North 100 East Pleasant Grove, UT 84062 Phone: (801) 785-6057 Fax: (801) 785-5667 www.pgcity.org Authors: Daniel Cárdenas - Community Development Director

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City Council Staff Report October 23, 2018

Item 9A

TEXT AMENDMENT PROPOSAL

Background A code text amendment to create the Boulevard Mixed-use Overlay (BMU) Zone was first brought before Planning Commission on June 14, 2018. After this meeting, the applicant made changes based on the suggestions of the Planning Commission. The item was brought before the Planning Commission again on June 28, 2018 to discuss the proposed changes.

This proposal is the first time a rezone to apply the BMU has been brought before the Planning Commission.

Analysis

The proposal brought by Mckay Christensen seeks to apply the BMU Overlay Zone to 10.7 acres of property at approximately 234 S Pleasant Grove Boulevard. The subject property is north, and northeast, of the doTERRA campus and east of 1300 West (Proctor Lane). (See Page 4 for an Aerial Map of Subject Property)

The General Plan considers the proposed parcel to be part of the “The Grove North District” Land Use Designation. (See Page 6 for Boundaries of Designation) Four Objectives are listed for this Land Use Designation.

REQUEST

APPLICANT

ADDRESS

ZONE

GENERAL PLAN

STAFF RECOMMENDATION

ATTACHMENTS

Request to rezone 10.7 acres by applying The Boulevard Mixed-use Overlay (BMU) Zone

Mckay Christensen

Approximately 234 S Pleasant Grove Blvd

The Grove Zone

The Grove

Approve the Proposed Rezone

Aerial Map 4

Zoning Map 5

General Plan 6


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1. Create attractive commercial areas utilizing high quality architecture and site design. 2. Provide for a mix of land uses including office, retail, civic, and mixed density residential. 3. Encourage compact, pedestrian-friendly mixed land development. 4. Require sensitive treatment of wetlands and waterways.

Staff can state with confidence that the proposed BMU Overlay meets the intent of the second and third objectives outlined above. The proposal accomplishes these objectives by mixing residential and retail/office uses. The following analysis explains why most uses in the Grove are separate (not mixed) and particularly why there are large areas of multi-family without office/retail uses in them.

The objectives in the general plan are broad in definition on purpose. Broad definitions allow the City to adopt a wide range of zoning codes to meet the objectives in a variety of ways.

For example, the Grove Zone was revamped in 2013 to move away from complex, Disneyland-like themed design districts that were replaced with a simplified code that includes just the three subdistricts that exist today: Commercial Sales Subdistrict, Mixed Housing Subdistrict and the Interchange Subdistrict.

These three subdistricts were created to meet the objectives of the General Plan as outlined above - in concept. In reality, the second and third objective have not been addressed fully.

The Interchange Subdistrict provides a mix of office and retail uses. The Commercial Sales Subdistrict also provides a mix of office and retail uses. In contrast, the Mixed Housing Subdistrict allows a mix of office, retail and residential uses.

However, there is no incentive built into the code for the Mixed Housing Subdistrict to provide office or retail in addition to the residential uses. Furthermore, the Mixed Housing Subdistrict does not have any properties with frontage on major collector streets which is important for retail uses to thrive.

Given that there is no built-in incentive in the code and no collector street frontage in addition to the current market that has been hungry for multi-family, most of the developments in the Mixed Housing Subdistrict are primarily just one use: Multi-family Residential.

Therefore, the uses that are meant to be mixed together, as the objectives suggest, remain separate.

Thus, staff understands that the proposal from the applicant is an attempt to provide some sort of incentive for mixed use development that the code currently lacks. In the current multi-family-hungry market, the proposal also provides an incentive for the development of retail uses.

As it is written today, the Commercial Sales Subdistrict does not allow any residential uses. The overlay seeks to incentivize retail development by adding residential uses on top of a Subdistrict that currently does not allow any residential. The result is an overlay that allows mixed use developments. That said, the language of the BMU Overlay restricts the residential uses to a specific geographic area. This allows some residential uses to be permitted without adding residential uses to all of the Commercial Sales Subdistrict.

A good example of residential uses being used as an incentive for retail is the code for the Commercial Subdistrict of the Downtown Village Zone. In this zone, 3 units are allowed for every 1,000 square feet of commercial space provided. The new code, adopted last year, has already spurred development of new commercial space in the historic downtown area.


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Given the proximity of the subject property to the intersection of two major collector streets, the property is a desirable spot to conduct sales tax generating uses. However, the costs of constructing and dedicating a new road through the subject property per the Transportation Master Plan are substantial.

The applicant expressed that incorporating some residential uses into a mixed use development helps to offset the costs of the new road as well as the cost to develop high-quality retail, restaurant, and office uses.

Staff is confident that a rezone of the subject property is in keeping with the objectives of the General Plan. Staff also considers the overlay a good incentive for development of the subject property, in particular, due to the fact that it carries a substantial cost: development of the new road.

Pleasant Grove City Planning Commission took the following action on the described application at their meeting on September 27, 2018.

Motion: At the Public Hearing Commissioner Steele moved that the Planning Commission approve the request of Mckay Christensen for the rezone of 10.7 acres by applying The Boulevard Mixed-use Overlay (BMU) Zone; and adopting the exhibits, conditions, and findings of the staff report, and as modified by the conditions below:

Commissioner Hawkins seconded the motion. The Commissioners unanimously voted “Aye”. The motion carried.

Motion by: Commissioner Steele

Seconded by: Commissioner Hawkins

AYE VOTES: Coombs, Steele, Sanderson, Phillips, Blake, Oborn, Hawkins and Butler

NAY VOTES:

Model Motions

APPROVAL

“I move the City Council approve the request of Mckay Christensen for the rezone of 10.7 acres by applying The Boulevard Mixed-use Overlay (BMU) Zone; and adopting the exhibits, conditions, and findings of the staff report, and as modified by the conditions below:

1. List any additional conditions…

Recommendation


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CONTINUE “I move the City Council continue the request of Mckay Christensen for the rezone of 10.7 acres by applying The Boulevard Mixed-use Overlay (BMU) Zone, until (give date), based on the following findings:”

1. List reasons for tabling the item, and what is to be accomplished prior to the next meeting date…

DENIAL

“I move the City Council deny the request of Mckay Christensen for the rezone of 10.7 acres by applying The Boulevard Mixed-use Overlay (BMU) Zone, based on the following findings:”

List findings for denial…


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AERIAL MAP


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ZONING MAP


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ORDINANCE N0. 2018-23

AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF PLEASANT GROVE

CITY, APPLYING THE BMU (THE BOULEVARD MIXED-USE) OVERLAY ZONE TO

10.7 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 234 S PLEASANT

GROVE BOULEVARD, MCKAY CHRISTENSEN, APPLICANT.

WHEREAS, the applicant has requested a zoning overlay that will allow for mixed-use

developments; and

WHEREAS, the city has determined a need to promote the development, beautification and

community-oriented mixed-use development of properties in the area; and

WHEREAS, the proposed overlay zone uses are cohesive with the existing as well as with the

intended uses for the area; and

WHEREAS, on September 27, 2018 the Pleasant Grove City Planning Commission held a public

hearing to consider the request to apply The Boulevard Mixed-Use Overlay Zone (BMU) to 10.7

acres of property at approximately 234 S Pleasant Grove Boulevard; and

WHEREAS, at its public hearing the Planning Commission found that the overlay application

request was in the public’s interest and is consistent with the written goals and policies of the

General Plan; and

WHEREAS, the Pleasant Grove Planning Commission recommended to the Pleasant Grove City

Council that the overlay application request be approved; and

WHEREAS, on October 23, 2018 the Pleasant Grove City Council held a public hearing to

consider the request; and

WHEREAS, at its meeting the Pleasant Grove City Council was satisfied that the overlay

application request was in the best interest of the public and was consistent with the written goals

and policies of the General Plan; and

WHEREAS, at its meeting the Pleasant Grove City Council approved the request that the

Boulevard Mixed-Use Overlay Zone be applied 10.7 acres of property located at approximately

234 S Pleasant Grove Boulevard.

NOW, THEREFORE, BE IT ORDAINED by the City Council of Pleasant Grove City, Utah

County, State of Utah as follows:

SECTION 1. The 10.7 acres of property located at approximately 234 S Pleasant Grove Boulevard

in the City of Pleasant Grove is hereby applied with the BMU (Boulevard Mixed-Used) Zone; said

property being described as shown on Exhibit “A”.

SECTION 2. The Official Zoning Map showing such changes shall be filed with the Pleasant

Grove City Recorder.

SECTION 3. The Pleasant Grove City Council finds that the zone change is in the best interest of

the public and is consistent with the written goals and policies of the City’s General Plan.

SECTION 4. SEVERABILITY. The sections, paragraphs, sentences, clauses, and phrases of this

Ordinance are severable. If any such section, paragraph, sentence, clause, or phrase shall be

declared invalid or unconstitutional by the valid judgment or decree of a Court of competent

jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality

of any of the remaining sections, paragraphs, sentences, clauses, or phases of this Ordinance.

SECTION 5. This ordinance shall take effect immediately upon its passage and shall be posted or

published as required by law.

SECTION 6. APPROVED AND ADOPTED AND MADE EFFECTIVE by the City Council or

Pleasant Grove City, State of Utah, on this 23rd day of October, 2018.

.

Guy L. Fugal, Mayor

ATTEST: (SEAL)

.

Kathy T. Kresser, City Recorder, MMC

Exhibit “A”

Exhibit “B”


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City Council Staff Report October 23, 2018

ITEM 9B

TEXT AMENDMENT PROPOSAL

Background

The proposed ordinance amendment is an effort on behalf of the applicant to add three new uses to the MD (Manufacturing Distribution) Zone. The proposed uses are for the manufacturing of alcoholic beverages:

1. #2182 – Malt, barley, rye, wheat, and corn by-products (Includes whiskey bourbon, rye, scotch, and corn liquors)

2. #2183 – Wine, brandy, and brandy spirits 3. #2184 – Distilling, rectifying and blending liquors, except brandy

The original proposal also included beer. The use for the manufacture of beer as listed in the Pleasant Grove City Land Use Code Numbers document is noted below. However, this use was removed from the proposal after working with staff. A qualifying provision has been added to the proposed code to clarify that beer products are not permitted. (See Page 6)

#2181 – Malt Liquors and extracts (including beer and near beer)

Currently, the proposed uses are not allowed in any zone in Pleasant Grove.

Analysis

To begin analysis, staff considered the uses currently allowed in the MD (Manufacturing Distribution) Zone and the area of the city in which the zone was located. The MD Zone is a light manufacturing zone that specifically excludes “uses which generate excessive noise, vibration, smoke, odor, dust, fumes or danger of explosion.” Several non-manufacturing uses are allowed in the zone such as

REQUEST

APPLICANT

ZONE

GENERAL PLAN

STAFF RECOMMENDATION

ATTACHMENTS

Request to amend City Code Section 10-12B-2:C

Matthew Eau Claire

MD (Manufacturing Distribution) Zone

Industrial

Proposed Ordinance Amendments

Proposed Text Amendment 4

MD Zone Purpose and Objectives 8

State Law 9


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“special training and schooling,” “amusements” and “sports activated facilities.” These are uses that may bring children and young adults to properties in the same zone. Therefore, staff kept this in mind when analyzing the proposed text amendment.

Nuisances

To assess potential nuisances and impacts, staff took a field trip to tour a distillery in South Salt Lake called the Dented Brick. Staff did not find any nuisances such as excessive noise or smells emitted from the building. There was a faint smell of fermentation inside the building, but the smells did not escape even into the front lobby. Noises were very minimal even in the center of the facility.

Storefront vs. Outlet

The Dented Brick, which is one of the distilleries staff visited, had a retail sales storefront with bottles and prices on display. Any interested person could walk in and browse the products on a shelf and purchase a bottle of rum or spirits on site. Staff did not find a storefront for browsing products and prices to be a compatible use given that the MD Zone allows uses such as dancing schools for children, trampoline parks and other commercial uses for children and young adults. Therefore, a qualifying provision has been added to prohibit a storefront with a display of bottles and prices. (See Page 6 for Proposed Code)

A storefront, as defined in the proposed code, does not prohibit the building from being used as an outlet for sales of alcoholic beverages. The reason for making the distinction is in consideration of state law. Per state law, any business location that manufactures alcohol must also be a licensed package agency. A package agency is considered an outlet in state law.

In order for a distillery to sell to restaurants, bars, or organizations in the state, a representative from one of those groups must arrive on site in person to pick up the product in person. The product cannot be shipped to an in-state restaurant or bar.

There are requirements in state law that govern how close an outlet can be to a “community location.” A “community location” is defined as the following:

a public or private school

a church

a public library

a public playground

a public park

To summarize the state law regarding proximity requirements, the patron entrance of the outlet must be 600 feet from the property boundary of any community location. (See Page 9 for State Law)

Any city can approve city codes that add additional requirements for proximity that are stricter than the requirements of the State listed above.

Tasting Room

Staff does not recommend approval of tasting rooms. A tasting room is a small area of a manufacturing facility used to allow visitors to taste test the products made at the facility. Staff does not recommend approval of tasting rooms for the same reasons given for prohibiting storefronts.


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Therefore, a qualifying provision has been added to prohibit tasting rooms. (See Page 6 for Proposed Code)

Pleasant Grove City Planning Commission took the following action on the described application at their meeting on October 11, 2018. Motion: At the Public Hearing Commissioner Steele moved that the Planning Commission recommend City Council approve the request of Matthew Eau Claire for the proposed amendments to City Code Section 10-12B-2: C; and adopting the exhibits, conditions, and findings of the staff report, and as modified by the conditions below:

•With a recommendation that an additional qualifying provision be added to notify neighboring property owners within 300’ of any new proposed facility that manufactures alcohol and the applicant will be responsible to pay for the noticing costs.

Commissioner Sanderson seconded the motion. The Commissioners unanimously voted “Aye”. The motion carried. Motion by: Commissioner Steele Seconded by: Commissioner Sanderson AYE VOTES: Coombs, Steele, Sanderson, Phillips, Oborn, Blake and Butler NAY VOTES:

Model Motions

APPROVAL

“I move the City Council approve the request of Matthew Eau Claire for the proposed amendments to City Code Section 10-12B-2:C; and adopting the exhibits, conditions, and findings of the staff report, and as modified by the conditions below:

1. List any additional conditions…

CONTINUE “I move the City Council continue the request of Matthew Eau Claire for the proposed amendments to City Code Section 10-12B-2:C, until (give date), based on the following findings:”

1. List reasons for tabling the item, and what is to be accomplished prior to the next meeting date…

2.

DENIAL

“I move the Planning Commission deny the request of Matthew Eau Claire for the proposed amendments to City Code Section 10-12B-2:C, based on the following findings:”

1. List findings for denial…

Recommendation


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PROPOSED TEXT AMENDMENT BY THE APPLICANT (Rough Draft)

10-12B-2: PERMITTED, CONDITIONAL AND ACCESSORY USES:

A. Uses Listed Permitted: The following principal, private and commercial uses and structures, and no others, are permitted in the MD zone (see section 10-15-2 of this title for establishment of uses not specified).

B. Standard Land Use Code: All uses contained herein are listed by a four (4) digit number as designated in the standard land use code published and maintained by the community development department.

C. Permitted With Limitations: All such categories listed herein and all specific uses contained within them in the standard land use code will be permitted in the MD zone, subject to the limitations set forth therein:

Use Number

Use Classification

2170 Confectionery and related products

21821 Malt, barley, rye, wheat, and corn by-products (Includes whiskey bourbon, rye, scotch, and corn liquors)

21831 Wine, brandy, and brandy spirits

21841 Distilling, rectifying, and blending liquors, except brandy

2185 Bottling and canning soft drinks and water

2200 Textile mill products

2300 Apparel and other similar finished products

2440 Wooden containers, manufacturing

2500 Furniture and fixtures manufacturing

2650 Paperboard containers and boxes, manufacturing

2700 Printing, publishing and related industries

2830 Pharmaceutical and nutritional supplements (including biological products, medicinal chemicals and botanical products)

3140 Miscellaneous plastic products, manufacturing

http://www.sterlingcodifiers.com/codebook/getBookData.php?ft=3&find=10-15-2

http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&section_id=760600#760600

mailto:?subject=Pleasant Grove City Code Regulations&body=Below is a link to the City code which contains the information you requested. http://www.sterlingcodifiers.com/codebook/index.php?book_id%3D506%26chapter_id%3D27872#s760600


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3250 Pottery and related products, manufacturing

3260 Concrete, gypsum and plaster products

3423 Construction, mining and materials handling machinery and equipment

3495 Screw machine products and bolts, nuts, screws, rivets and washers; metal stamping

3500 Professional, scientific, and controlling instruments; photographic and optical goods; watches and clocks

3900 Miscellaneous manufacturing

4200 Motor vehicle transportation

4600 Automobile parking

4700 Communications (except transmitting and relay towers)

4920 Transportation services and arrangements

5100 Wholesale trade (except drugs, chemicals and related products)

5200 Building materials, hardware, farm equipment and supplies

5461 Bakeries, manufacturing

5500 Automotive, marine craft, aircraft and accessories

5600 Wearing apparel and accessories, manufacturing

5710 Furniture, home furnishings, and equipment

5960 Farm and garden supplies

6240 Funeral, cemeteries and crematory services

6250 Apparel repair, alteration and cleaning pick up services, shoe repair services

6370 Warehousing or storage services

6400 Repair services

6514 Medical and dental laboratory services

6540 Research services


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6600 Contract construction services

6700 Governmental services (except military)

6711 Administration office services

8110 Field and seed crops

8120 Truck crops (including vegetables, berries and melons)

8130 Orchards and vineyards

8160 Pastures and rangelands

8170 Horticultural specialties

Qualifying Provisions:

1. Manufacturing only. Manufacturing of beer products is not allowed. Tasting rooms are not allowed. Storefronts specifically for the display of containers filled with alcoholic beverages are prohibited. “Storefront” is defined as an area inside, or outside, a building with containers filled with alcoholic beverages on display.

D. Accessory Uses And Structures: Accessory uses and structures are permitted in the MD zone, provided they are incidental to, and do not substantially alter, the principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:

1. Accessory buildings such as garages, carports, equipment storage buildings and supply storage buildings which are customarily used in conjunction with and incidental to a principal use or structure permitted in the MD zone.

2. Storage of materials used for construction of buildings, including the contractor's temporary office; provided, that such use is on the building site or immediately adjacent thereto; and provided further, that such use shall be permitted only during the construction period and thirty (30) days thereafter.

3. A caretaker facility may be allowed pursuant to the issuance of a conditional use permit, if it is incidental to and customarily found in conjunction with the principal use, and shall:

a. Be attached to or located within any structure of the principal use, and not have a total square footage that exceeds ten percent (10%) of the total area of the building to which it is attached or in which it is located. The entrance to the facility shall be developed in such a way as not to be a conspicuous and dominant feature of the building or site development.

b. Not be rented or leased, but may be considered part of compensation for caretaker services.

c. Only be a minor part of the principal use.


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d. Be customarily associated with that particular industry or business in other cities throughout the United States.

E. Conditional Uses: The following uses and structures are permitted in the MD zone only after a conditional use permit has been approved and subject to the terms and conditions thereof:

Use Number

Use Classification

2111 Meat products, manufacturing

2120 Dairy products, manufacturing

2133 Canning and preserving of fruits, vegetables, meat and seafood, small wares, manufacturing

4712 Telephone towers

4732 Radio towers

4742 Television towers

4858 Solid waste transfer station (C&D, & MSW)

6830 Special training and schooling

7200 Public assembly, miscellaneous purposes

7300 Amusements

7410 Sports activities facilities

7910 Adult entertainment, other cultural, entertainment and recreation

8200 Agriculture related activities

8600 Recycle center

(Ord. 2011-14, 7-5-2011)


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CURRENT MD ZONE PURPOSE AND OBJECTIVES

10-12B-1: PURPOSE AND OBJECTIVES:

The manufacturing distribution (MD) zone is established to provide areas in the city where light manufacturing firms can engage in processing, assembling, manufacturing, warehousing and storage; and for incidental service facilities and public facilities to serve the manufacturing area. The zone is intended to encourage sound development by providing and protecting an environment for such development, subject to regulations necessary to assure the orderly growth of the city, and the protection of residential and commercial land uses from noise and other disturbances. This zone is to be characterized by flat, open land suited for industrial uses because of the proximity to major transportation routes and the availability of utilities necessary for successful manufacturing or processes. Uses which generate excessive noise, vibration, smoke, odor, dust, fumes or danger of explosion have been excluded from this zone. The basic objectives of the MD zone are to:

A. Provide space for light manufacturing and processing uses within the city in appropriate locations and to discourage uses from locating within this zone which will tend to deteriorate a light manufacturing environment, and thwart the use of land for light industrial purposes.

B. Broaden the tax base and improve the economic base of the community.

C. Promote new industry to enhance the economic and social well being of the city and its inhabitants.

D. Discourage the undesirable mixture of incompatible commercial, industrial and residential uses. (Ord. 2000-23, 7-18-2000)

http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&chapter_id=27872&keywords=#760599

mailto:?subject=Pleasant Grove City Code Regulations&body=Below is a link to the City code which contains the information you requested. http://www.sterlingcodifiers.com/codebook/index.php?book_id%3D506%26chapter_id%3D27872#s760599


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STATE LAW

1

ORDINANCE NO. 2018-27

AN ORDINANCE OF PLEASANT GROVE CITY, UTAH COUNTY, UTAH,

AMENDING SECTION 10-12B-2, THE MANUFACTURING DISTRIBUTION ZONE,

ADDING TO SECTION 10-12B-2:C PERMITTED USES, ALLOWING THE

FOLLOWING USE NUMBERS: 2182 MALT, BARLEY, RYE, WHEAT, AND CORN

BY-PRODUCTS; 2183 WINE, BRANDY, AND BRANDY SPIRITS; AND 2184

DISTILLING, RECTIFYING, AND BLENDING LIQUORS, EXCEPT BRANDY, IN

THE MANUFACTURING DISTRIBUTION ZONE; INCLUDING AN EFFECTIVE

DATE (MATTHEW EAU CLAIRE, APPLICANT).

WHEREAS, the applicant has requested that manufacture of various alcoholic beverages be

allowed as permitted uses; and

WHEREAS, the proposed provision shall only apply to properties in the Manufacturing

Distribution (MD) Zone; and

WHEREAS, the proposed provision allows for manufacture of various alcoholic beverages as

permitted uses in the Manufacturing Distribution (MD) Zone; and

WHEREAS, on October 11, 2018 the Pleasant Grove City Planning Commission held a public

hearing to consider amending Section 10-12B-2, adding to the permitted use table in Section 10-

12B-2:C which would the manufacture of various alcoholic beverages as permitted uses with

qualifying provisions; and

WHEREAS, at its public hearing the Planning Commission decided that the requested

amendment to Section 10-12B-2:C in the Manufacturing Distribution Zone chapter of the

Pleasant Grove Municipal Code was in the public’s interest and was consistent with the goals

and policies of the General Plan; and

WHEREAS, the Pleasant Grove Planning Commission recommended to the Pleasant Grove City

Council that the amendment to Section 10-12B-2:C in the Manufacturing Distribution (MD)

Zone chapter in the Pleasant Grove Municipal Code be approved with qualifying provisions; and

WHEREAS, on October 23, 2018 the Pleasant Grove City Council held a public hearing to

consider the request; and

WHEREAS, at its meeting the Pleasant Grove City Council was satisfied that the amendment to

the Pleasant Grove Municipal Code is in the best interest of the public and consistent with the

goals and policies of the General Plan; and

WHEREAS, it is the legislative body’s intent that the city code amendments shall be in the

interest of the public; and

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NOW, THEREFORE, BE IT ORDAINED by the City Council of Pleasant Grove City, Utah

County, State of Utah as follows:

SECTION 1. Section 10-12B-2:C, of the Pleasant Grove Municipal Code is hereby amended to

read as follows:

C. Permitted With Limitations: All such categories listed herein and all specific uses contained within them in the standard land use code will be permitted in the MD zone, subject to the limitations set forth therein:

Use Number Use Classification

2170 Confectionery and related products

21821 Malt, barley, rye, wheat, and corn by-products (Includes whiskey bourbon,

rye, scotch, and corn liquors)

21831 Wine, brandy, and brandy spirits

21841 Distilling, rectifying, and blending liquors, except brandy

2185 Bottling and canning soft drinks and water

2200 Textile mill products

2300 Apparel and other similar finished products

2440 Wooden containers, manufacturing

2500 Furniture and fixtures manufacturing

2650 Paperboard containers and boxes, manufacturing

2700 Printing, publishing and related industries

2830 Pharmaceutical and nutritional supplements (including biological products,

medicinal chemicals and botanical products)

3

3140 Miscellaneous plastic products, manufacturing

3250 Pottery and related products, manufacturing

3260 Concrete, gypsum and plaster products

3423 Construction, mining and materials handling machinery and equipment

3495 Screw machine products and bolts, nuts, screws, rivets and washers;

metal stamping

3500 Professional, scientific, and controlling instruments; photographic and

optical goods; watches and clocks

3900 Miscellaneous manufacturing

4200 Motor vehicle transportation

4600 Automobile parking

4700 Communications (except transmitting and relay towers)

4920 Transportation services and arrangements

5100 Wholesale trade (except drugs, chemicals and related products)

5200 Building materials, hardware, farm equipment and supplies

5461 Bakeries, manufacturing

5500 Automotive, marine craft, aircraft and accessories

5600 Wearing apparel and accessories, manufacturing

5710 Furniture, home furnishings, and equipment

4

5960 Farm and garden supplies

6240 Funeral, cemeteries and crematory services

6250 Apparel repair, alteration and cleaning pick up services, shoe repair

services

6370 Warehousing or storage services

6400 Repair services

6514 Medical and dental laboratory services

6540 Research services

6600 Contract construction services

6700 Governmental services (except military)

6711 Administration office services

8110 Field and seed crops

8120 Truck crops (including vegetables, berries and melons)

8130 Orchards and vineyards

8160 Pastures and rangelands

8170 Horticultural specialties

Qualifying Provisions:

1. Manufacturing only. Manufacturing of beer products is not allowed. Tasting rooms are not allowed.

Storefronts specifically for the display of containers filled with alcoholic beverages are prohibited.

“Storefront” is defined as an area inside, or outside, a building with containers filled with alcoholic

beverages on display.

5

SECTION 2. SEVERABILITY. The sections, paragraphs, sentences, clauses, and phrases of

this Ordinance are severable. If any such section, paragraph, sentence, clause, or phrase shall

be declared invalid or unconstitutional by the valid judgment or decree of a Court of

competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or

constitutionality of any of the remaining sections, paragraphs, sentences, clauses, or phases of

this Ordinance.

SECTION 3. EFFECTIVE DATE. This ordinance shall take effect immediately upon its

passage and posting as provided by law.

SECTION 4. APPROVED AND ADOPTED AND MADE EFFECTIVE by the City

Council of Pleasant Grove City, Utah County, Utah, this 23rd day of October, 2018.

Guy L. Fugal, Mayor

ATTEST:

Kathy T. Kresser, City Recorder, MMC (SEAL)

Page 1 of 2

NOTICE OF PUBLIC MEETING

OF THE

PLEASANT GROVE CITY COUNCIL

Notice is hereby given that the Pleasant Grove City Council will hold a Work Session meeting at 5:00 p.m. on Tuesday November 13, 2018 in the Library 30 East Center (main level) prior to the regular City Council meeting at 6:00 p.m. This is a public meeting and anyone interested is invited to attend, however, Work Sessions are not designed to hear public comment or take official action.

AGENDA

5:00 P.M. WORK SESSION

1. Sheri - Harry Potter - presentation

2. Historical Preservation historical décor for the Public Safety Facilities

3. Stephen Hopkins - Development agreement ICO

4. City Council and Staff will review and discuss items on the agenda.

5. Staff Business.

6:00 P.M. REGULAR CITY COUNCIL

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. OPENING REMARKS

4. APPROVAL OF MEETING’S AGENDA

5. OPEN SESSION

6. CONSENT ITEMS: (Consent items are only those which have been discussed beforehand, are

non-controversial and do not require further discussion)

a. City Council Minutes:

b. To consider approval of payment approval reports for (2018 )

PLEASE NOTE: THE ORDER OF THE FOLLOWING ITEMS MAY BE SUBJECT TO

CHANGE.

7. BOARD, COMMISSION, COMMITTEE APPOINTMENTS:

8. PRESENTATIONS:

9. PUBLIC HEARING ITEMS: A. Public Hearing to consider for adoption an Ordinance (2018-28) amending City Code

Section 10-12B-7:B Yard Requirements. The proposed amendment would allow an

Page 2 of 2

applicant to reduce side yard setbacks, based on the provision of enhanced landscaping

to another location on the same property, in the Manufacturing Distribution (MD) Zone.

(Paul Washburn Applicant) Presenter: Director Cardenas (Continued from the October

2, 2018 meeting)

B. Public Hearing to consider for adoption an Ordinance (2018-29) permanently closing and

abandoning an approximately 475’ by 43’ road right-of-way located between 2000 West

and Sam Whites Lane (700 South). (SAM WHITES LANE NEIGHBORHOOD)

Presenter: Director Cardenas

10. ACTION ITEMS READY FOR VOTE: A. Intent to boundary adjust with Cedar Hills - Clark Property

B. Brynn Mortenson -Resolution housing

11. ITEMS FOR DISCUSSION: A. Continued Items from the Work Session if needed.

12. REVIEW AND DISCUSSION ON THE NOVEMBER 20, 2018 CITY COUNCIL

MEETING AGENDA.

13. MAYOR AND COUNCIL BUSINESS.

14. SIGNING OF PLATS.

15. REVIEW CALENDAR.

16. ADJOURN.

CERTIFICATE OF POSTING:

I certify that the above notice and agenda was posted in three public places within Pleasant Grove

City limits and on the State (http://pmn.utah.gov) and City (www.plgrove.org) websites.

Posted by: /s/ Kathy T. Kresser, City Recorder

Date: November 2, 2018

Time: 5:00 p.m.

Place: City Hall, Library and Community Development 65 North 100 East.

Public Hearing Items published in the Daily Herald October 21, 2018 and November 2, 2018

Supporting documents can be found online at: http://www.plgrove.org/pleasant-grove-

information-25006/staff-reports-78235

*Note: If you are planning to attend this public meeting and due to a disability, need assistance

in understanding or participating in the meeting, please notify the City Recorder, 801-785-5045,

forty-eight hours in advance of the meeting and we will try to provide whatever assistance may

be required.

http://pmn.utah.gov/

http://www.plgrove.org/



Documents

NOTICE OF PUBLIC MEETING OF THE PLEASANT GROVE CITY … · Page 2 of 2 Christensen Applicant) Presenter: Director Cardenas Continued from the October 16, 2018 meeting. B. Public Hearing