STAFF REPO RT 8, 2013 or and City Council ssion de 11-4 ......Matrix in C ARY OF ISS oes the prop articularly 1 oes it maint ROUND hen comple ENDA 8, 2013 rable Mayo ing Commi on Snyder

CITY COJune 4, 2

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City Council June 4, 2013 Page 4

CITY COUNCIL AGENDA June 4, 2013

(a) The VC zoning district is intended to provide opportunities for mixed-use development throughout the City. These districts would include areas of between 15 to 40 acres and will require a master-plan concept to be presented to ensure the development meets the intent of the zone. The intended user radius is from one to one and one-half mile. These centers are ideally located at intersections of arterial or major collector streets. Development in this area includes buildings of up to three stories in height that line the street right-of-way. Multi-family dwellings included in this area may include minimal setbacks. On-site parking is primarily located to the rear of buildings in the center of the block. Landscaping requirements vary, depending on the type of use. It is included for screening parking areas, where visible from the street, and to provide a buffer adjacent less intense uses. (5) The Commercial Zoning Districts are intended to provide opportunities for commercial uses based on considerations such as: intensity of use; types of goods and services; and market area. These uses should generally abut on an arterial or major collector street, and in some districts, frontage roads. (a) The NC zoning district is intended to provide commercial goods and services to an area of limited size for basic trade and personal services that occur on a daily or frequent basis. The major market area is generally limited to an area of approximately one to one and one-half miles in radius. (b) The CC zoning district is intended to provide a range of commercial goods and services greater than those found in the NC zone but on a more limited basis and intensity that those found in the regional and highway commercial districts. The basic market for this district is vehicle-oriented and the primary market area is Springville City. This type of district should be located on an arterial street, at or near a major intersection. Parking is to be provided on-site. Landscaping is included in all areas not required for building(s), storage, parking and traffic circulation, with parking and storage areas being screened and an appropriate landscaped buffer and fencing adjacent less intense uses. (d) The HC zoning district is intended to provide an area abutting major arterial streets or interstate frontage roads for a full range of commercial and professional uses; however, the primary focus should be on uses which require large retail display or merchandise storage area and serve a regional market. Parking is to be provided on the site. Landscaping is required in all areas not necessary for building(s), storage, parking and traffic circulation, with parking and storage areas being screened and an appropriate landscaped buffer and fencing adjacent less intense uses. Do the existing zones that permit restaurants provide adequate locations and opportunities? DISCUSSION If the matrix is amended, the changes will apply to all areas within Springville City that are currently in the PO Zone. Consideration should be taken to review those areas in the PO Zone. Should they only be allowed conditionally when included as part of a larger commercial development? Should they be permitted only when fronting onto arterial and major collectors roads? The matrix currently indicates the following:



11-4-301 Land Use Matrix. Land use descriptions for the abbreviated zones in the matrix can be found in Sections 11-4-101 and 11-4-102 of this Chapter. Conditional use regulations are found in Chapter 7 of this Title.

LAND USE KEY P=Permitted Use C=Conditional Use Blank Box=Not Allowed (PROPOSED) PERMITTE

D USE ZONING DISTRICTS

A1

R1-15

R1-10

R1-8

R1-5

R2

R-MH

P

R-MF

1

R-MF

2

PO

BP

VC

TC

NC

CC

RC

HC

L-I

M

H-I

M

ACCOMMODATIONS/FOOD & BEVERAGE SERVICE

Bars & Taverns C C P P

Bed & Breakfast P C P P

Fast Food Establishments

P P P P P P P

Fast Food Establishments – (With Drive-In or Drive Thru)

C C P P P

Hotel C C C P P C

Motel C P P

Private Club C C C P P C

Restaurant / Cafe P C P P P P P P P C

The Springville City General Plan sections of interest include the following: LAND USE AND POPULATION Future Land Use 2.7.2 Commercial …



The museum corridor currently includes a mix of small‐scale businesses, professional offices and residences. The character of this area is important to its success and its co‐existence with the residential neighborhoods surrounding it. Future uses should be of similar scale and provisions for pedestrian traffic should also be considered to help retain and expand the synergy that currently exists in that area. … 2.10 Goals, Objectives, and Strategies GOAL To create a safe, functional, and attractive community that preserves the best of our past and shapes our future development in a way that benefits all people of our community. OBJECTIVE 4 Provide conveniently‐located commercial and professional office uses to serve the residents of Springville and surrounding areas. SYNOPSIS … Most of the current commercial uses are located along Main Street, 400 South, and the I‐15 corridor. These uses meet several important needs in our community by providing a place to purchase the goods and services that citizens require and providing tax base for the City. It is important that commercial uses have places to locate and grow within the City. … STRATEGIES 4C Encourage infill of vacant lots in commercial districts through development of ordinances and programs. Implementation: City Council, Mayor, City Staff, and Planning Commission. 4D Amend ordinances to allow for mixed‐use commercial areas at appropriate locations. Implementation: City Council, Mayor, City Staff, and Planning Commission. 4F Ensure lot area and site improvements are met for houses that are transitioning from residential to non‐residential uses, such as offices or retail. Implementation: City Council, Mayor, Planning Commission, Planning and Engineering Staff. 4G Consider decreasing commercially zoned property and increasing residentially zoned property to help ensure a better city wide land‐use balance. Implementation: City Council, Mayor, City Staff, Planning Commission. ECONOMIC DEVELOPMENT 9.8 Goals, Objectives, and Strategies GOAL To encourage economic development that will focus on future growth while benefiting present and future residents; through an increased revenue base, employment opportunities, and business diversity.



OBJECTIVE 4 Encourage compatible uses within the various economic development areas found in Springville. SYNOPSIS Springville has several economic development areas. The major areas are the downtown area, and near the fourth south interchange. Local businesses play a unique and important role in Springville’s economic health. It is important that the City continues to work with businesses and the Chamber of Commerce (see Figure 9‐5). In order to build strong, clustered commercial centers, infill, redevelopment, and revitalization is needed. Clustered commercial development is best located along major arterials and intersections. As growth occurs, Springville’s cultural and social heritage can be preserved as the City grows by increasing downtown’s vitality, specialty shops, dining establishments, and services. Larger retail and big box stores should be encouraged to locate near the freeway interchanges. STRATEGIES Create a stable economy for Springville by encouraging revitalization and redevelopment efforts. Implementation: Mayor, City Council, City Staff. Encourage specialty shops and dining in the downtown area in order to preserve and enhance Springville’s cultural and social heritage. Implementation: Mayor, City Council, City Staff. 11-7-204 General Criteria for Consideration of a Conditional Use Permit. (1) Conditional use applications shall be reviewed in accordance with the following general criteria:

(a) Detrimental to Persons or Property – The proposed use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the health, safety and general welfare of persons, nor injurious to property and improvements in the community, existing surrounding uses, buildings and structures. In determining the effects to persons or property, the Commission may impose the following conditions:

(i) Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation;

(ii) Water supply and fire protection; (iii) Impact on surrounding areas resulting from an unusual volume or character

of traffic. (b) Use Compatibility – The proposed use at the particular location is compatible with

the character of the site, adjacent properties, surrounding neighborhoods and other existing development. In determining the compatibility of the use with the surrounding area, the Planning Commission may impose the following:

(i) Regulation of operating hours for activities affecting normal neighborhood schedules and functions.

(ii) Provisions for adequate public services to meet the needs caused by the use, e.g., child care services, social services, etc.

(iii) Parking facilities, including vehicular ingress and egress and the surfacing of parking areas and driveways to specified standards.



(iv) Regulation of light and noise. (c) Design Compatibility – The proposed site and building plan at the particular

location is compatible with the character of the site, adjacent properties, surrounding neighborhoods and other existing development. In determining the compatibility of the site and building plan with the surrounding area, the Planning Commission may consider, among other things, landscaping, screening, parking location, and building design (e.g., mass, height, site work needed to place the building on the lot, building materials, color and site design in relation to emission of odors, light and noise).

(d) General Compatibility – The proposed use at the particular location is compatible with the intent, function and policies established in the general plan, this Title and the particular zoning district in which the use is proposed. (2) Compliance with Regulations – The proposed use will comply with the regulations and conditions specified in this Title for such use. Areas in the Professional Office Zone include: 400 South (arterial) 750 West (minor collector)



400 South 400-800 East (major collector) 300 South, Chase Lane (residential-based on older wider standard)

200 South 200 East (residential-based on older wider standard)



400 North (minor collector)

1400 North and Main Street (major collector and arterial)



PLANNING COMMISSION ACTION This item was reviewed by the Planning Commission on May 28, 2013. Staff presented the item to the Commission. The applicant was not present. A public hearing was held by the Planning Commission and there were no public comments. Consideration CM Huff opened the item for discussion by the Commissioners. CM Clyde indicated smoke and fumes from grills and kitchens are a nuisance to nearby homes. He indicated that the Dept. of Air Quality is currently looking at regulations for emissions from food establishments as well as other uses. CM Huff indicated that he would not be in favor of conditions for the use when it is allowed as a permitted use in all surrounding commercial zones. CM Clay asked staff to list all of the uses currently allowed in the PO Zone that may have late hours of operation. CM Mertz asked staff to discuss the differences between restaurants and fast food establishments that do not have a drive-thru. Staff read examples from A Planner’s Dictionary. It was recommended that the applicant discuss businesses with the CD Director for a determination as to which use will be considered. Examples such as Café Rio and Zupas were discussed. Currently City Code does not define the two uses. CM Packard indicated that restaurants are a risky business. He feels that we do not need to overregulate them with conditions. He indicated that they will weed themselves out by self-regulation. Most will locate in more commercial areas than in the downtown and along the museum corridor if they feel other larger and more visible locations will give them a better chance to succeed. A motion was made by CM Mertz to continue this item for conditions to be drafted and language to address the definitions. The motion was seconded by CM Clyde. The motion failed on a 2-4 vote. Those in favor were Mertz and Clyde. A motion was made by CM Clyde to continue this item to the next meeting to define fast food and to develop conditions for discussion. The motion was seconded by CM Mertz. The motion failed on a 2-4 vote. Those in favor were Mertz and Clyde. A motion was made by CM Huff to recommend approval as written by Staff. This motion was seconded by CM Packard. The motion was approved 5-1. The vote was as follows: CM Packard – Aye CM Clyde – Aye CM Huff – Aye CM Clay – Aye CM Mertz – Nay CM Nolte – Excused CM Young – Aye



CM Mertz voted against the motion with the concern that the applicant may want to consider fast food establishments at his location. It may be best to allow them also. CM Mertz made an additional motion to Staff to add fast food establishments without drive-thru’s as permitted uses in the PO Zone. This motion died because of a lack of a second. CM Young asked staff to bring back definitions for discussion regarding restaurants and fast food establishments. ALTERNATIVES 1. Recommend in favor of the request with amendments 2. Continue the request. 3. Deny the request.

Attachment(s): Proposed ordinance changes recommended by the Planning Commission:



ORDINANCE NO. ____-2013

AN ORDINANCE AMENDING SECTION 11-4-301, LAND USE MATRIX OF SPRINGVILLE CITY CODE, 1991 PERTAINING TO RESTAURANT/CAFÉ IN THE PO-PROFESSIONAL OFFICE ZONE.

Be it ordained by the City Council of Springville, Utah:

SECTION 1: Section 11-4-301 of Springville City Code 1991 is hereby amended to read as follows:

LAND USE KEY P=Permitted Use C=Conditional Use Blank Box=Not Allowed PERMITTE

D USE ZONING DISTRICTS

A1

R1-15

R1-10

R1-8

R1-5

R2

R-MH

P

R-MF

1

R-MF

2

PO

BP

VC

TC

NC

CC

RC

HC

L-I

M

H-I

M

ACCOMMODATIONS/FOOD & BEVERAGE SERVICE

Bars & Taverns C C P P

Bed & Breakfast P C P P

Fast Food Establishments

P P P P P P P

Fast Food Establishments – (With Drive-In or Drive Thru)

C C P P P

Hotel C C C P P C

Motel C P P

Private Club C C C P P C

Restaurant / Cafe P C P P P P P P P C



SECTION 2: This ordinance will become effective one day after publication hereof in the manner required by law.

SECTION 3: The City Recorder shall cause this ordinance or a short summary hereof to be published in the Daily Herald, a newspaper published and of general circulation in the City.

ADOPTED by the City Council of Springville, Utah, this _____ day of ________, 2013.

__________________________________________ Wilford W. Clyde, Mayor

ATTEST:

_________________________________ City Recorder

Documents

STAFF REPO RT 8, 2013 or and City Council ssion de 11-4 ......Matrix in C ARY OF ISS oes the prop articularly 1 oes it maint ROUND hen comple ENDA 8, 2013 rable Mayo ing Commi on Snyder