CITY OF LOGAN UTAH ORDINANCE NO 16-34

AN ORDINANCE AMENDING TITLE 17 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 map or maps entitled Zoning Map of Logan City Utah is hereby amended and the following properties identified in Exhibit A as attached are hereby zoned from Commercial (COM) to Mixed Residential Transitional (MR-9)

SECTION 3 This ordinance shall become effective upon publication

PRESENTATION TO MAYOR

The foregoing ordinance was presented by the Logan Municipal Council to the Mayor for

approval or disapproval on the~ fay of~ middot~~ 2010 L td1~

MAYORS APPROVAL OR DISAPPROVAL

The foregoing ordinance is hereby

NX~- 2016 0pf71 t- a~ f

~ teen Mayor

EXHIBIT A

MR-9 Rezone

Ocber 13 2016

MR-9 Rezone

LGAN l llt UNITED IN SERVICE

COMMUNITY DEVELOPMENT

MEMORANDUM TO MUNICIPAL COUNCIL

DATE October 14 2016

FROM Russ Holley Senior Planner

SUBJECT Ordinance 16-34 MR-9 Rezone

Summary of Planning Commission Proceedings Project Name MR-9 Rezone Request Zoning Map Amendment Project Address 1200 East 1400 North Recommendation of the Planning Commission Approve

On October 13 the Planning Commission recommended that the Municipal Council approve a Rezone of approximately 342 acres from Commercial (COM) to Mixed Residential Transitional (MR-9)

Planning Commissioners vote (5 - 0) Motion D Newman Second D Butterfield Yea E Ortiz R Price D Butterfield D Newman S Sinclair Abstain T Nielson Nay none

Attachments Staff Report Ordinance 16-34 Planning Commission Meeting Minutes from Oct 13

LGAN Iiibull IC l

COMMUMTYOEVUOPl11~1

REPORT SUMMARY Project Name ProponentOwner Project Address Request Current Zoning Date of Hearing Type of Action Submitted By

RECOMMENDATION

Project 16-041 MR-9 Rezone

Located at 1400 North 1200 East

MR-9 Rezone Community Dev Dept Bernston LLC 1400 N 1200 E Rezone from COM to MR-9 COM Oct 13 2016 Legislative Russ Holley Senior Planner

Staff recommends that the Planning Commission recommend approval to the Municipal Council for a rezone from COM to MR-9 The MR-9 Rezone for the property located at 1400 N 1200 E TIN 05-011-0006

North Outside Logan City Boundary East NR-6 Residential Uses South NR-6 Vacant Land West COM Commercial Uses

Request The request is to rezone a 342 acre parcel from Commercial (COM) to Mixed Residential Transitional (MR-9) with the intent of developing lower density (9 units per acre) residential townhomes The developer feels the COM designation is inappropriate for the area given the proximity to single family neighborhoods eastward and the larger commercial shopping centers a few blocks west

Existing Conditions The 342 acre site is vacant of any structures and is triangular in shape with the existing Hillside Gas Station Convenience Store and Carwash located directly adjacent to the southwest The site slopes east to west and several stands of native trees and vegetation exist with wetlandlow water table areas located at the northwest corner An official wetland delineation has not been completed at this time The site is encircled by streets including 1400 North 1200 East and small residential access road to the north that is located in the city of North Logan The Logan City boundary runs along the north property line of the site

Zoning History The City of Logan adopted zoning regulations in August of 1950 The zoning history of the area is as follows

Year Zone UseStructure Permitted 1976 R-1 Single Family Residential with 8000 SF min base lot size 1983 C-1 Neighborhood Commercial with limited commercial uses permitted 2000 CN Commercial Neighborhood with MFM Residential densities permitted 2012 COM Commercial Uses with secondary residential at 30 units per acre

Project 16-041 MR-9 Rezone Staff Report for the Oct 13 2016 Planning Commission Meeting

I Nursing Home Convalescent Home

Caregiver Certified NA or CA

Group Home where care training or treatment IS provided on-site

Donnitories Fraternities Sororities

Residential occupancy of a dwelling unit by a family or no more than 1hree unrelated individuals

bullone caretaker or security guard may be permitted to live on-site as an accessory use with a Conditional Use Pennit

PublicInstitutional Uses Colleges Umversity or Technical College

Trade vocational or commercial schools

Uses of a public nonprofit or charitable nature generally providing a local service to people of the community

Family Day CarePreschool (1-8 Clients) Family Group Day CarePreschool (9-16 Clients)

Commercial Day Care (17 or more clients)

Religious Institutions

Clubs Lodges similar uses

Libraries Museums Community Centers

Public School (K-12)

Private Schools (K-12)

Utility Uses Wireless Telecommunication Facilities

Radio television or microwave towers

Amateur radio towers

Utilities basic service delivery and laterals

Utilities structures physical facilities (Regional Facilities)

Municipal water well reservoir or storage tank

Commereia Uses

CJenern husirny 0lirnmcm prot~~~ioe1 or financial

imwn

C

C

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C

C

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C

C

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C

p

p

C C C p

State law supersedes local zoning regulations

C

p

C

C p

p

C

C

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Staff Repor

ISaml tmiddotse i Commercial Parking

Recreation and Entertainment (Outdoor Facility)

Miniature Golf Course

Indoor Commercial Shooting Range

Sales and Service Firms mvolved in the sale lease or rent of new or used products 10 the general public These firms may also provide personal services or entertainment or provide product repair or services for consumer and business goods

Sales and Service Large Footprint 100000 SF

Indoor Commercial Amusement

Animal Clime Per Hospital

Antique or collectible shop

Art supply store

Barber or beauty shop

Bakery or confectionery shop retail sales

Camera shop

Carpet Retail

Carwash

Clothing

Convenience Market (no gasoline)

Copy Center

Dairy products or ice cream

Dancehall or nightclub

Department or discount store

Drug store or pharmacy

Dry cleaner

Florist shop

Furniture or appliance store

Garden shop plant sales nursery

Grocery store

Handicraft and art object sale

Hardware siore

Hobby shop

Laundromat

I Locksmith or key shop

I -iusic store

i Moirltenance Repair for Bbulli ltlig5

Package iiquor store

1604 MRlt) Rv

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3

p

p

p

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Pet shop for small animals bird fish p

Plumbing Shop p

Provisioning and recreational sporting goods sales p

Radio Station p

Railroad or bus passenger station p

Repairofappliances TV Radio p

Restaurant Fast Food p

Restaurant General p

Shoe boot or olher leather goods sale and repair p

Studio healthamp fitness p

Studio photographer artist music dance and drama p

Tavern p

Tennis Swim or other recreation club p

Theaters p

Vehicle Parts Sales p

Gasoline Service S1a1ion p

Gasoline Storage Uniform fire Code 7902 p

Enclosed WreckmgiSalvage Yard C

All dL dU MR9Z bull omiddot t middot t

[ XsN I) l SI VIR-9

Center

or

Home where care or treatment IS NOT provided on site

Residential occupancy of a unit by a or no more than three (3) unrelated

individuals

Family Day Care Preschool ( 1-8 Clients)

Family Group Day Care Preschool (9-16 clients

Neighborhood Parks and Open Areas

CommunityRegional Parks

Religious Institutions

Libraries Museums Community Centers

Cemetery Mausoleum

Proiect 16-041 MR-9 Rezone

C

p

p

C

p

C

p

C

C

4

i I

I

Staff Report for the Oct 13 2016 Planning Commission Meeting

Wireless Telecommunication Facilities

water well reservoir tank

Residential igtmrgtrbullrnc for Drug amp Alcohol Treatment

Alternative or Post Incarceration Facilities

C

State Law Supersedes

C

C

C

C

p

C

C

C

2 Use may be aflowed where state or federal law preempts local zoning

Neighborhood Compatibility area is sandwiched in between a different municipality to the north some older gas

t111~1cn buildings Utah the west family the east block misalignment 1500 North and 1400

area was bisected in the with a curvilinear street connecting blocks This particular was part of the gravel pit property to the south

(Hancey) but was never used for extraction and has remained relatively undisturbed over

L1acu on the use tables above for both zones the COM zone has substantially more impactful normiddotmrror1 land uses and building that could be more disruptive to the current neighborhood character than the fewer permitted land uses including lower density townhouses allowed in the MR-9 zone

Use Plan in 2008 identifies this area as Mixed Use Center (MUG) land use designation compact commercial and developments designed for people to live work and play all within a walk-able distance

Land Development Code (LDC) The Land Development Code sect1716040 describes the COM zone as one that has retail commercial services and hospitality businesses that serve the entire city or regional populations These developments are located on high-capacity roads and serviced by transit (LDC) sect1712070 describes the MR-9 zone as a district providing housing options for all stages of life MR-9 zones are typically located near employment centers and may provide a transition from commercial areas to single family neighborhoods

Project 16-041 MR-9 Rezone Staff Report for the Oct 13 2016 Planning Commission Meeting

5

Summary amp Recommendation logic in Plan encourages neighborhood walk-able commercial and

compact throughout city to more transportation and reduce the impacts of inefficient sprawling growth This along with the proximity of the site to USU and their student and faculty populations in of quality and stable housing options the MUC designation seemed in 2008 With newer mixed use evolving in City the last few into bigger separated commercialresidential projects oriented towards the automobile and regional populations its evident that these types of developments would negatively impacts this established neighborhood character The current COM zone allowances and development patterns are very similar to that the MUC with large commercial

and higher density multi-family housing above or behind

With the smaller existing convenience store some walk-able commercial services can with some to the and Given the MR-9 zoning description in LDC of being a transition area that provides quality housing options the MR-9 zoning designation should more compatible than current COM zone The COM zone allows bigger and higher (30 units multi-family housing could be built in an incompatible manner and negatively impact the neighborhood With COM developments for regional populations oriented for automobile traffic negative transportation impacts would be felt by area residents those reasons mentioned above staff is recommending approval of rezone request

PUBLIC COMMENTS the time the no written comments

AGENCY AND CITY DEPARTMENT COMMENTS No comments

RECOMMENDED FINDINGS FOR APPROVAL Planning Commission decisions on following

been received

1 The proposed re-zone is consistent with the current neighborhood character 2 proposed rezone will have of a negative transportation impact than that of the

current designation COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure

neighborhood compatibility with the current of area 4 The and infrastructure services in property are sufficient in and capacity

to handle all allowed uses in the MR-9 zoning district 5 with proper preparation is to handle developments with MR-

9 zoning

Project 16-041 MR-9 Rezone

6

practices and availabje inomiatlon The report is to be used to review and Planning commission

additional information

Staff Report for Oct 13 2016 Planrung Comrnision Meeting

~

LGAN CJTY U N I T E D I N 5 E R V I C

PLANNING COMMISSION MINUTES Meeti of October 13 2016

Minutes of the meeting for the Logan City Planning Commission convened in regular session on October 13 2016 Vice-Chairman Price the meeting to order at 530 pm

Butterfield Dave Newman Tony Nielson Eduardo Ortiz Russ

Davis

Russ Holley Amber Pollan Kymber Housley Zilles

Humphreys

Minutes as written and recorded from the September 2016 meeting were reviewed Commissioner Sinclair moved that the minutes be approved as submitted Commissioner Nielson

the motion The motion was unanimously approved

PUBLIC HEARING

Change] Logan LLC authorized agenUowner a rezone of 342 acres north of 1400 North and

to Mixed Residential (MR-9) N 05-011-0006 of 1200 East from Commercial (COM)

Mr Holley reviewed the request is to rezone a acre parcel from Commercial (COM) to Mixed Residential Transitional (MR-9) with the intent of developing lower (9 units per

residential townhomes developer COM for the area the proximity to neighborhoods eas1wa

shopping centers a few blocks west

area is a 342 acre The site slopes to west and several stands of native trees and vegetation exist A wetland delineation has not been completed at this time The site is encircled by streets including 1400 North 1200 a small residential access road to the north that is located in North Logan City The Logan City boundary runs along the northern nrllrIOlfJ line

The developer has indicated a desire to develop lower density townhomes in this area which is allowed in the MR-9 zone

The logic in the General Plan encourages neighborhood walkable commercial services and compact residential to give residents more transportation options and reduce the impacts of inefficient sprawling growth With the proximity of the site to USU and their student and faculty populations in need of quality and stable housing options the MUC designation seemed logical in 2008 With newer mixed use developments evolving in the last few years into bigger and separated commercialresidential projects oriented towards the automobile and regional populations it is evident that these types of developments would negatively impact this established neighborhood

Planning Commission Meeting Minutes for October 13 2016 1 I Page

character The current COM zone allowances and development patterns are very similar to that of the MUC with large commercial buildings and higher density multi-family housing above or behind

With a smaller existing convenience store walkable commercial services can exist with some pedestrian improvements to the streetscape and intersections Given the MR-9 zoning description in the LDC of being a transition area that provides quality housing options the MR-9 zoning designation should be more compatible than the current COM zone The COM zone allows bigger structures and higher density (30 units per acre) multi-family housing that could be built in an incompatible manner and negatively impact the neighborhood With COM developments designed for regional populations and oriented for regional automobile traffic negative transportation impacts would be felt by area residents Staff is recommending approval of the rezone request

PUBLIC James Huppi advised that the agreement with Cache-Highline will need to be modified He is concerned about the setback on 1500 North and how high buildings could be Chairman Price explained that those issues would be handed at the developmentdesign stage

Steve Dewey lives along 1500 North on the North Logan side and expressed concern with safety on 1500 North There are currently four homes on that the dead-end lane He asked if there would be a cost to North Logan if the street were developed Mr Holley said he does not anticipate any proposed access to the north which would require crossing a jurisdictional boundary Mr Dewey said 1500 North used to be a through-street but was closed after a petition from the residents and he would not like to see it opened back up

COMMISSION Commissioner Sinclair asked if North Logan residents were noticed Mr Holley confirmed that property owners within 300 of the project were sent notices

Commissioner Newman asked about the standing water and whether wetland delineation will be required Mr Holley said that it will be required before any development and depending on the results there may be some mitigation necessary

Mr Holley clarified for Chairman Price that this change would allow a developer to put up to 30 townhomes at this location Chairman Price questioned access Mr Holley said that would be addressed when a development is proposed Chairman Price asked if there was a proposal pending Mr Holley said the City anticipates there will be however there is nothing official at this point

Chairman Price expressed concern about changing the Mixed Use designation indicated on the Future Land Use Plan (FLUP) to Mixed Residential This is an area where having mixed use would be appropriate and helpful It seems as if we are losing the intent of the mixed use buffer Mr DeSimone the Community Development Director said that the neighborhood in this case did not want mixed use or commercial in this location The fundamental question is whether the City envisions that this area would need to change to a commercial use given the nature of the road system and the current commercial centers there does not seem to be a supporting reason to keep it commercial This is a difficult quandary about what makes sense now versus what might be needed in the future

Commissioner Butterfield said it is important to find areas for mixed use and higher-density housing that is healthy for the surrounding neighborhood

Commissioner Newman said he thinks townhomes might be a good idea as residents in the area begin to downsize and want to stay in the area

Commissioner Ortiz explained that it is good to envision what will happen in 15-20 years This is a small area and may not be right for mixed use however there are areas which would be good for mixed use development Chairman Price agreed and said the tendency is to plan for long-term but

Planning Commission Meeting Minutes for October 13 2016 21 Page

make decisions based on what is in front of us which may be correct in most cases however there is a need to find ways to incentive projects with more of a mixed use flavor

Commissioner Nielson said he is a proponent of mixed use and would like to see more small-scale commercial throughout the City He also noted that that there is a difference in townhomes for a retired community versus townhomes located near the University which may serve a different population

MOTION Commissioner Newman moved to recommend approval to the Municipal Council for a zone change of 342 acres north of 1400 North and east of 1200 East from Commercial (COM) to Mixed Residential (MR-9) as outlined in PC 16-041 with the findings for approval as listed below Commissioner Butterfield seconded the motion

FINDINGS FOR APPROVAL 1 The rezone is consistent with the current neighborhood character 2 The rezone will have less of a negative transportation impact than that of the current

designation of COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure neighborhood

compatibility with the current character of the area 4 The streets and infrastructure services in the property are sufficient in size and capacity to

handle all allowed uses in the MR-9 zoning district 5 The site with proper preparation is suitable to handle developments associated with MR-9

zoning

Moved Commissioner Newman Seconded Commissioner Butterfield Passed 5-0 Yea D Butterfield D Newman Ortiz R Price S Sinclair Nay Abstain T Nielson

Planning Commission Meeting Minutes for October 13 2016 31 Page

STATE OF UTAH COUNTY OF CACHE ss

Civil PROOF OF PUBLICATION

On this 14th day of November AD 2016 personally appeared before me JAIME MAW who being first being duly sworn deposes and says that (s)he is the Principal Legal Clerk of the Cache Valley Publishing Co publishers of The Herald Journal a daily newspaper published in Logan City Cache County Utah and that the Legal Notice a copy of which is hereto attached was published in said newspaper for 1 issue(s) and that said notice also published on utahlegalscom on the same day(s) as publication in said newspaper

Commencing on the following days 1 [1062016

sworn to before me on this 14th day of November AD 2016

~ middot middot - lt ~~ Notary Public L ~ ommissionedintheStaUtah

My Conunission expires 10182019

LEGAL NOTICE LOGAN MUNICIPAL COUNCIL

NOTARY PUBLIC LAURIE JACKSON

My Commission 685300 My Commission Expires

October 18 2019 STATE OF UTAH

RDINANCE - The following ordinance SUMMARY OF AN O d b the Logan Municipal Council was adopted and approve 1 ~016 Logan Utah on November middot

a rezone al 342 acres ORD 16-34 An ord1na~c a~P~f~~6o East from Commercial North of 14~0 NoRrth ~dn tmiddotaals(MR-9)middot TIN 05-011 -0006 (COM) to Mixed es en

diately upon publication Full This ordinance 1s effective ~1~eviewed at the office of the text of the ordinance ~n Hall 290 North 1 oo West Logan Logan City Recorder 1 Y Utah during regular business hours

Teresa Harris City Recorder Publication Date November 6 2016

EXHIBIT A

MR-9 Rezone

Ocber 13 2016

MR-9 Rezone

LGAN l llt UNITED IN SERVICE

COMMUNITY DEVELOPMENT

MEMORANDUM TO MUNICIPAL COUNCIL

DATE October 14 2016

FROM Russ Holley Senior Planner

SUBJECT Ordinance 16-34 MR-9 Rezone

Summary of Planning Commission Proceedings Project Name MR-9 Rezone Request Zoning Map Amendment Project Address 1200 East 1400 North Recommendation of the Planning Commission Approve

On October 13 the Planning Commission recommended that the Municipal Council approve a Rezone of approximately 342 acres from Commercial (COM) to Mixed Residential Transitional (MR-9)

Planning Commissioners vote (5 - 0) Motion D Newman Second D Butterfield Yea E Ortiz R Price D Butterfield D Newman S Sinclair Abstain T Nielson Nay none

Attachments Staff Report Ordinance 16-34 Planning Commission Meeting Minutes from Oct 13

LGAN Iiibull IC l

COMMUMTYOEVUOPl11~1

REPORT SUMMARY Project Name ProponentOwner Project Address Request Current Zoning Date of Hearing Type of Action Submitted By

RECOMMENDATION

Project 16-041 MR-9 Rezone

Located at 1400 North 1200 East

MR-9 Rezone Community Dev Dept Bernston LLC 1400 N 1200 E Rezone from COM to MR-9 COM Oct 13 2016 Legislative Russ Holley Senior Planner

Staff recommends that the Planning Commission recommend approval to the Municipal Council for a rezone from COM to MR-9 The MR-9 Rezone for the property located at 1400 N 1200 E TIN 05-011-0006

North Outside Logan City Boundary East NR-6 Residential Uses South NR-6 Vacant Land West COM Commercial Uses

Request The request is to rezone a 342 acre parcel from Commercial (COM) to Mixed Residential Transitional (MR-9) with the intent of developing lower density (9 units per acre) residential townhomes The developer feels the COM designation is inappropriate for the area given the proximity to single family neighborhoods eastward and the larger commercial shopping centers a few blocks west

Existing Conditions The 342 acre site is vacant of any structures and is triangular in shape with the existing Hillside Gas Station Convenience Store and Carwash located directly adjacent to the southwest The site slopes east to west and several stands of native trees and vegetation exist with wetlandlow water table areas located at the northwest corner An official wetland delineation has not been completed at this time The site is encircled by streets including 1400 North 1200 East and small residential access road to the north that is located in the city of North Logan The Logan City boundary runs along the north property line of the site

Zoning History The City of Logan adopted zoning regulations in August of 1950 The zoning history of the area is as follows

Year Zone UseStructure Permitted 1976 R-1 Single Family Residential with 8000 SF min base lot size 1983 C-1 Neighborhood Commercial with limited commercial uses permitted 2000 CN Commercial Neighborhood with MFM Residential densities permitted 2012 COM Commercial Uses with secondary residential at 30 units per acre

Project 16-041 MR-9 Rezone Staff Report for the Oct 13 2016 Planning Commission Meeting

I Nursing Home Convalescent Home

Caregiver Certified NA or CA

Group Home where care training or treatment IS provided on-site

Donnitories Fraternities Sororities

Residential occupancy of a dwelling unit by a family or no more than 1hree unrelated individuals

bullone caretaker or security guard may be permitted to live on-site as an accessory use with a Conditional Use Pennit

PublicInstitutional Uses Colleges Umversity or Technical College

Trade vocational or commercial schools

Uses of a public nonprofit or charitable nature generally providing a local service to people of the community

Family Day CarePreschool (1-8 Clients) Family Group Day CarePreschool (9-16 Clients)

Commercial Day Care (17 or more clients)

Religious Institutions

Clubs Lodges similar uses

Libraries Museums Community Centers

Public School (K-12)

Private Schools (K-12)

Utility Uses Wireless Telecommunication Facilities

Radio television or microwave towers

Amateur radio towers

Utilities basic service delivery and laterals

Utilities structures physical facilities (Regional Facilities)

Municipal water well reservoir or storage tank

Commereia Uses

CJenern husirny 0lirnmcm prot~~~ioe1 or financial

imwn

C

C

p

C

C

pt

C

C

p

p

C

p

p

C C C p

State law supersedes local zoning regulations

C

p

C

C p

p

C

C

I

Staff Repor

ISaml tmiddotse i Commercial Parking

Recreation and Entertainment (Outdoor Facility)

Miniature Golf Course

Indoor Commercial Shooting Range

Sales and Service Firms mvolved in the sale lease or rent of new or used products 10 the general public These firms may also provide personal services or entertainment or provide product repair or services for consumer and business goods

Sales and Service Large Footprint 100000 SF

Indoor Commercial Amusement

Animal Clime Per Hospital

Antique or collectible shop

Art supply store

Barber or beauty shop

Bakery or confectionery shop retail sales

Camera shop

Carpet Retail

Carwash

Clothing

Convenience Market (no gasoline)

Copy Center

Dairy products or ice cream

Dancehall or nightclub

Department or discount store

Drug store or pharmacy

Dry cleaner

Florist shop

Furniture or appliance store

Garden shop plant sales nursery

Grocery store

Handicraft and art object sale

Hardware siore

Hobby shop

Laundromat

I Locksmith or key shop

I -iusic store

i Moirltenance Repair for Bbulli ltlig5

Package iiquor store

1604 MRlt) Rv

i

(B(JYJ p

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p

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p

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3

p

p

p

i

I I

Pet shop for small animals bird fish p

Plumbing Shop p

Provisioning and recreational sporting goods sales p

Radio Station p

Railroad or bus passenger station p

Repairofappliances TV Radio p

Restaurant Fast Food p

Restaurant General p

Shoe boot or olher leather goods sale and repair p

Studio healthamp fitness p

Studio photographer artist music dance and drama p

Tavern p

Tennis Swim or other recreation club p

Theaters p

Vehicle Parts Sales p

Gasoline Service S1a1ion p

Gasoline Storage Uniform fire Code 7902 p

Enclosed WreckmgiSalvage Yard C

All dL dU MR9Z bull omiddot t middot t

[ XsN I) l SI VIR-9

Center

or

Home where care or treatment IS NOT provided on site

Residential occupancy of a unit by a or no more than three (3) unrelated

individuals

Family Day Care Preschool ( 1-8 Clients)

Family Group Day Care Preschool (9-16 clients

Neighborhood Parks and Open Areas

CommunityRegional Parks

Religious Institutions

Libraries Museums Community Centers

Cemetery Mausoleum

Proiect 16-041 MR-9 Rezone

C

p

p

C

p

C

p

C

C

4

i I

I

Staff Report for the Oct 13 2016 Planning Commission Meeting

Wireless Telecommunication Facilities

water well reservoir tank

Residential igtmrgtrbullrnc for Drug amp Alcohol Treatment

Alternative or Post Incarceration Facilities

C

State Law Supersedes

C

C

C

C

p

C

C

C

2 Use may be aflowed where state or federal law preempts local zoning

Neighborhood Compatibility area is sandwiched in between a different municipality to the north some older gas

t111~1cn buildings Utah the west family the east block misalignment 1500 North and 1400

area was bisected in the with a curvilinear street connecting blocks This particular was part of the gravel pit property to the south

(Hancey) but was never used for extraction and has remained relatively undisturbed over

L1acu on the use tables above for both zones the COM zone has substantially more impactful normiddotmrror1 land uses and building that could be more disruptive to the current neighborhood character than the fewer permitted land uses including lower density townhouses allowed in the MR-9 zone

Use Plan in 2008 identifies this area as Mixed Use Center (MUG) land use designation compact commercial and developments designed for people to live work and play all within a walk-able distance

Land Development Code (LDC) The Land Development Code sect1716040 describes the COM zone as one that has retail commercial services and hospitality businesses that serve the entire city or regional populations These developments are located on high-capacity roads and serviced by transit (LDC) sect1712070 describes the MR-9 zone as a district providing housing options for all stages of life MR-9 zones are typically located near employment centers and may provide a transition from commercial areas to single family neighborhoods

Project 16-041 MR-9 Rezone Staff Report for the Oct 13 2016 Planning Commission Meeting

5

Summary amp Recommendation logic in Plan encourages neighborhood walk-able commercial and

compact throughout city to more transportation and reduce the impacts of inefficient sprawling growth This along with the proximity of the site to USU and their student and faculty populations in of quality and stable housing options the MUC designation seemed in 2008 With newer mixed use evolving in City the last few into bigger separated commercialresidential projects oriented towards the automobile and regional populations its evident that these types of developments would negatively impacts this established neighborhood character The current COM zone allowances and development patterns are very similar to that the MUC with large commercial

and higher density multi-family housing above or behind

With the smaller existing convenience store some walk-able commercial services can with some to the and Given the MR-9 zoning description in LDC of being a transition area that provides quality housing options the MR-9 zoning designation should more compatible than current COM zone The COM zone allows bigger and higher (30 units multi-family housing could be built in an incompatible manner and negatively impact the neighborhood With COM developments for regional populations oriented for automobile traffic negative transportation impacts would be felt by area residents those reasons mentioned above staff is recommending approval of rezone request

PUBLIC COMMENTS the time the no written comments

AGENCY AND CITY DEPARTMENT COMMENTS No comments

RECOMMENDED FINDINGS FOR APPROVAL Planning Commission decisions on following

been received

1 The proposed re-zone is consistent with the current neighborhood character 2 proposed rezone will have of a negative transportation impact than that of the

current designation COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure

neighborhood compatibility with the current of area 4 The and infrastructure services in property are sufficient in and capacity

to handle all allowed uses in the MR-9 zoning district 5 with proper preparation is to handle developments with MR-

9 zoning

Project 16-041 MR-9 Rezone

6

practices and availabje inomiatlon The report is to be used to review and Planning commission

additional information

Staff Report for Oct 13 2016 Planrung Comrnision Meeting

~

LGAN CJTY U N I T E D I N 5 E R V I C

PLANNING COMMISSION MINUTES Meeti of October 13 2016

Minutes of the meeting for the Logan City Planning Commission convened in regular session on October 13 2016 Vice-Chairman Price the meeting to order at 530 pm

Butterfield Dave Newman Tony Nielson Eduardo Ortiz Russ

Davis

Russ Holley Amber Pollan Kymber Housley Zilles

Humphreys

Minutes as written and recorded from the September 2016 meeting were reviewed Commissioner Sinclair moved that the minutes be approved as submitted Commissioner Nielson

the motion The motion was unanimously approved

PUBLIC HEARING

Change] Logan LLC authorized agenUowner a rezone of 342 acres north of 1400 North and

to Mixed Residential (MR-9) N 05-011-0006 of 1200 East from Commercial (COM)

Mr Holley reviewed the request is to rezone a acre parcel from Commercial (COM) to Mixed Residential Transitional (MR-9) with the intent of developing lower (9 units per

residential townhomes developer COM for the area the proximity to neighborhoods eas1wa

shopping centers a few blocks west

area is a 342 acre The site slopes to west and several stands of native trees and vegetation exist A wetland delineation has not been completed at this time The site is encircled by streets including 1400 North 1200 a small residential access road to the north that is located in North Logan City The Logan City boundary runs along the northern nrllrIOlfJ line

The developer has indicated a desire to develop lower density townhomes in this area which is allowed in the MR-9 zone

The logic in the General Plan encourages neighborhood walkable commercial services and compact residential to give residents more transportation options and reduce the impacts of inefficient sprawling growth With the proximity of the site to USU and their student and faculty populations in need of quality and stable housing options the MUC designation seemed logical in 2008 With newer mixed use developments evolving in the last few years into bigger and separated commercialresidential projects oriented towards the automobile and regional populations it is evident that these types of developments would negatively impact this established neighborhood

Planning Commission Meeting Minutes for October 13 2016 1 I Page

character The current COM zone allowances and development patterns are very similar to that of the MUC with large commercial buildings and higher density multi-family housing above or behind

With a smaller existing convenience store walkable commercial services can exist with some pedestrian improvements to the streetscape and intersections Given the MR-9 zoning description in the LDC of being a transition area that provides quality housing options the MR-9 zoning designation should be more compatible than the current COM zone The COM zone allows bigger structures and higher density (30 units per acre) multi-family housing that could be built in an incompatible manner and negatively impact the neighborhood With COM developments designed for regional populations and oriented for regional automobile traffic negative transportation impacts would be felt by area residents Staff is recommending approval of the rezone request

PUBLIC James Huppi advised that the agreement with Cache-Highline will need to be modified He is concerned about the setback on 1500 North and how high buildings could be Chairman Price explained that those issues would be handed at the developmentdesign stage

Steve Dewey lives along 1500 North on the North Logan side and expressed concern with safety on 1500 North There are currently four homes on that the dead-end lane He asked if there would be a cost to North Logan if the street were developed Mr Holley said he does not anticipate any proposed access to the north which would require crossing a jurisdictional boundary Mr Dewey said 1500 North used to be a through-street but was closed after a petition from the residents and he would not like to see it opened back up

COMMISSION Commissioner Sinclair asked if North Logan residents were noticed Mr Holley confirmed that property owners within 300 of the project were sent notices

Commissioner Newman asked about the standing water and whether wetland delineation will be required Mr Holley said that it will be required before any development and depending on the results there may be some mitigation necessary

Mr Holley clarified for Chairman Price that this change would allow a developer to put up to 30 townhomes at this location Chairman Price questioned access Mr Holley said that would be addressed when a development is proposed Chairman Price asked if there was a proposal pending Mr Holley said the City anticipates there will be however there is nothing official at this point

Chairman Price expressed concern about changing the Mixed Use designation indicated on the Future Land Use Plan (FLUP) to Mixed Residential This is an area where having mixed use would be appropriate and helpful It seems as if we are losing the intent of the mixed use buffer Mr DeSimone the Community Development Director said that the neighborhood in this case did not want mixed use or commercial in this location The fundamental question is whether the City envisions that this area would need to change to a commercial use given the nature of the road system and the current commercial centers there does not seem to be a supporting reason to keep it commercial This is a difficult quandary about what makes sense now versus what might be needed in the future

Commissioner Butterfield said it is important to find areas for mixed use and higher-density housing that is healthy for the surrounding neighborhood

Commissioner Newman said he thinks townhomes might be a good idea as residents in the area begin to downsize and want to stay in the area

Commissioner Ortiz explained that it is good to envision what will happen in 15-20 years This is a small area and may not be right for mixed use however there are areas which would be good for mixed use development Chairman Price agreed and said the tendency is to plan for long-term but

Planning Commission Meeting Minutes for October 13 2016 21 Page

make decisions based on what is in front of us which may be correct in most cases however there is a need to find ways to incentive projects with more of a mixed use flavor

Commissioner Nielson said he is a proponent of mixed use and would like to see more small-scale commercial throughout the City He also noted that that there is a difference in townhomes for a retired community versus townhomes located near the University which may serve a different population

MOTION Commissioner Newman moved to recommend approval to the Municipal Council for a zone change of 342 acres north of 1400 North and east of 1200 East from Commercial (COM) to Mixed Residential (MR-9) as outlined in PC 16-041 with the findings for approval as listed below Commissioner Butterfield seconded the motion

FINDINGS FOR APPROVAL 1 The rezone is consistent with the current neighborhood character 2 The rezone will have less of a negative transportation impact than that of the current

designation of COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure neighborhood

compatibility with the current character of the area 4 The streets and infrastructure services in the property are sufficient in size and capacity to

handle all allowed uses in the MR-9 zoning district 5 The site with proper preparation is suitable to handle developments associated with MR-9

zoning

Moved Commissioner Newman Seconded Commissioner Butterfield Passed 5-0 Yea D Butterfield D Newman Ortiz R Price S Sinclair Nay Abstain T Nielson

Planning Commission Meeting Minutes for October 13 2016 31 Page

STATE OF UTAH COUNTY OF CACHE ss

Civil PROOF OF PUBLICATION

On this 14th day of November AD 2016 personally appeared before me JAIME MAW who being first being duly sworn deposes and says that (s)he is the Principal Legal Clerk of the Cache Valley Publishing Co publishers of The Herald Journal a daily newspaper published in Logan City Cache County Utah and that the Legal Notice a copy of which is hereto attached was published in said newspaper for 1 issue(s) and that said notice also published on utahlegalscom on the same day(s) as publication in said newspaper

Commencing on the following days 1 [1062016

sworn to before me on this 14th day of November AD 2016

~ middot middot - lt ~~ Notary Public L ~ ommissionedintheStaUtah

My Conunission expires 10182019

LEGAL NOTICE LOGAN MUNICIPAL COUNCIL

NOTARY PUBLIC LAURIE JACKSON

My Commission 685300 My Commission Expires

October 18 2019 STATE OF UTAH

RDINANCE - The following ordinance SUMMARY OF AN O d b the Logan Municipal Council was adopted and approve 1 ~016 Logan Utah on November middot

a rezone al 342 acres ORD 16-34 An ord1na~c a~P~f~~6o East from Commercial North of 14~0 NoRrth ~dn tmiddotaals(MR-9)middot TIN 05-011 -0006 (COM) to Mixed es en

diately upon publication Full This ordinance 1s effective ~1~eviewed at the office of the text of the ordinance ~n Hall 290 North 1 oo West Logan Logan City Recorder 1 Y Utah during regular business hours

Teresa Harris City Recorder Publication Date November 6 2016

LGAN l llt UNITED IN SERVICE

COMMUNITY DEVELOPMENT

MEMORANDUM TO MUNICIPAL COUNCIL

DATE October 14 2016

FROM Russ Holley Senior Planner

SUBJECT Ordinance 16-34 MR-9 Rezone

Summary of Planning Commission Proceedings Project Name MR-9 Rezone Request Zoning Map Amendment Project Address 1200 East 1400 North Recommendation of the Planning Commission Approve

On October 13 the Planning Commission recommended that the Municipal Council approve a Rezone of approximately 342 acres from Commercial (COM) to Mixed Residential Transitional (MR-9)

Planning Commissioners vote (5 - 0) Motion D Newman Second D Butterfield Yea E Ortiz R Price D Butterfield D Newman S Sinclair Abstain T Nielson Nay none

Attachments Staff Report Ordinance 16-34 Planning Commission Meeting Minutes from Oct 13

LGAN Iiibull IC l

COMMUMTYOEVUOPl11~1

REPORT SUMMARY Project Name ProponentOwner Project Address Request Current Zoning Date of Hearing Type of Action Submitted By

RECOMMENDATION

Project 16-041 MR-9 Rezone

Located at 1400 North 1200 East

MR-9 Rezone Community Dev Dept Bernston LLC 1400 N 1200 E Rezone from COM to MR-9 COM Oct 13 2016 Legislative Russ Holley Senior Planner

Staff recommends that the Planning Commission recommend approval to the Municipal Council for a rezone from COM to MR-9 The MR-9 Rezone for the property located at 1400 N 1200 E TIN 05-011-0006

North Outside Logan City Boundary East NR-6 Residential Uses South NR-6 Vacant Land West COM Commercial Uses

Request The request is to rezone a 342 acre parcel from Commercial (COM) to Mixed Residential Transitional (MR-9) with the intent of developing lower density (9 units per acre) residential townhomes The developer feels the COM designation is inappropriate for the area given the proximity to single family neighborhoods eastward and the larger commercial shopping centers a few blocks west

Existing Conditions The 342 acre site is vacant of any structures and is triangular in shape with the existing Hillside Gas Station Convenience Store and Carwash located directly adjacent to the southwest The site slopes east to west and several stands of native trees and vegetation exist with wetlandlow water table areas located at the northwest corner An official wetland delineation has not been completed at this time The site is encircled by streets including 1400 North 1200 East and small residential access road to the north that is located in the city of North Logan The Logan City boundary runs along the north property line of the site

Zoning History The City of Logan adopted zoning regulations in August of 1950 The zoning history of the area is as follows

Year Zone UseStructure Permitted 1976 R-1 Single Family Residential with 8000 SF min base lot size 1983 C-1 Neighborhood Commercial with limited commercial uses permitted 2000 CN Commercial Neighborhood with MFM Residential densities permitted 2012 COM Commercial Uses with secondary residential at 30 units per acre

Project 16-041 MR-9 Rezone Staff Report for the Oct 13 2016 Planning Commission Meeting

I Nursing Home Convalescent Home

Caregiver Certified NA or CA

Group Home where care training or treatment IS provided on-site

Donnitories Fraternities Sororities

Residential occupancy of a dwelling unit by a family or no more than 1hree unrelated individuals

bullone caretaker or security guard may be permitted to live on-site as an accessory use with a Conditional Use Pennit

PublicInstitutional Uses Colleges Umversity or Technical College

Trade vocational or commercial schools

Uses of a public nonprofit or charitable nature generally providing a local service to people of the community

Family Day CarePreschool (1-8 Clients) Family Group Day CarePreschool (9-16 Clients)

Commercial Day Care (17 or more clients)

Religious Institutions

Clubs Lodges similar uses

Libraries Museums Community Centers

Public School (K-12)

Private Schools (K-12)

Utility Uses Wireless Telecommunication Facilities

Radio television or microwave towers

Amateur radio towers

Utilities basic service delivery and laterals

Utilities structures physical facilities (Regional Facilities)

Municipal water well reservoir or storage tank

Commereia Uses

CJenern husirny 0lirnmcm prot~~~ioe1 or financial

imwn

C

C

p

C

C

pt

C

C

p

p

C

p

p

C C C p

State law supersedes local zoning regulations

C

p

C

C p

p

C

C

I

Staff Repor

ISaml tmiddotse i Commercial Parking

Recreation and Entertainment (Outdoor Facility)

Miniature Golf Course

Indoor Commercial Shooting Range

Sales and Service Firms mvolved in the sale lease or rent of new or used products 10 the general public These firms may also provide personal services or entertainment or provide product repair or services for consumer and business goods

Sales and Service Large Footprint 100000 SF

Indoor Commercial Amusement

Animal Clime Per Hospital

Antique or collectible shop

Art supply store

Barber or beauty shop

Bakery or confectionery shop retail sales

Camera shop

Carpet Retail

Carwash

Clothing

Convenience Market (no gasoline)

Copy Center

Dairy products or ice cream

Dancehall or nightclub

Department or discount store

Drug store or pharmacy

Dry cleaner

Florist shop

Furniture or appliance store

Garden shop plant sales nursery

Grocery store

Handicraft and art object sale

Hardware siore

Hobby shop

Laundromat

I Locksmith or key shop

I -iusic store

i Moirltenance Repair for Bbulli ltlig5

Package iiquor store

1604 MRlt) Rv

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3

p

p

p

i

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Pet shop for small animals bird fish p

Plumbing Shop p

Provisioning and recreational sporting goods sales p

Radio Station p

Railroad or bus passenger station p

Repairofappliances TV Radio p

Restaurant Fast Food p

Restaurant General p

Shoe boot or olher leather goods sale and repair p

Studio healthamp fitness p

Studio photographer artist music dance and drama p

Tavern p

Tennis Swim or other recreation club p

Theaters p

Vehicle Parts Sales p

Gasoline Service S1a1ion p

Gasoline Storage Uniform fire Code 7902 p

Enclosed WreckmgiSalvage Yard C

All dL dU MR9Z bull omiddot t middot t

[ XsN I) l SI VIR-9

Center

or

Home where care or treatment IS NOT provided on site

Residential occupancy of a unit by a or no more than three (3) unrelated

individuals

Family Day Care Preschool ( 1-8 Clients)

Family Group Day Care Preschool (9-16 clients

Neighborhood Parks and Open Areas

CommunityRegional Parks

Religious Institutions

Libraries Museums Community Centers

Cemetery Mausoleum

Proiect 16-041 MR-9 Rezone

C

p

p

C

p

C

p

C

C

4

i I

I

Staff Report for the Oct 13 2016 Planning Commission Meeting

Wireless Telecommunication Facilities

water well reservoir tank

Residential igtmrgtrbullrnc for Drug amp Alcohol Treatment

Alternative or Post Incarceration Facilities

C

State Law Supersedes

C

C

C

C

p

C

C

C

2 Use may be aflowed where state or federal law preempts local zoning

Neighborhood Compatibility area is sandwiched in between a different municipality to the north some older gas

t111~1cn buildings Utah the west family the east block misalignment 1500 North and 1400

area was bisected in the with a curvilinear street connecting blocks This particular was part of the gravel pit property to the south

(Hancey) but was never used for extraction and has remained relatively undisturbed over

L1acu on the use tables above for both zones the COM zone has substantially more impactful normiddotmrror1 land uses and building that could be more disruptive to the current neighborhood character than the fewer permitted land uses including lower density townhouses allowed in the MR-9 zone

Use Plan in 2008 identifies this area as Mixed Use Center (MUG) land use designation compact commercial and developments designed for people to live work and play all within a walk-able distance

Land Development Code (LDC) The Land Development Code sect1716040 describes the COM zone as one that has retail commercial services and hospitality businesses that serve the entire city or regional populations These developments are located on high-capacity roads and serviced by transit (LDC) sect1712070 describes the MR-9 zone as a district providing housing options for all stages of life MR-9 zones are typically located near employment centers and may provide a transition from commercial areas to single family neighborhoods

Project 16-041 MR-9 Rezone Staff Report for the Oct 13 2016 Planning Commission Meeting

5

Summary amp Recommendation logic in Plan encourages neighborhood walk-able commercial and

compact throughout city to more transportation and reduce the impacts of inefficient sprawling growth This along with the proximity of the site to USU and their student and faculty populations in of quality and stable housing options the MUC designation seemed in 2008 With newer mixed use evolving in City the last few into bigger separated commercialresidential projects oriented towards the automobile and regional populations its evident that these types of developments would negatively impacts this established neighborhood character The current COM zone allowances and development patterns are very similar to that the MUC with large commercial

and higher density multi-family housing above or behind

With the smaller existing convenience store some walk-able commercial services can with some to the and Given the MR-9 zoning description in LDC of being a transition area that provides quality housing options the MR-9 zoning designation should more compatible than current COM zone The COM zone allows bigger and higher (30 units multi-family housing could be built in an incompatible manner and negatively impact the neighborhood With COM developments for regional populations oriented for automobile traffic negative transportation impacts would be felt by area residents those reasons mentioned above staff is recommending approval of rezone request

PUBLIC COMMENTS the time the no written comments

AGENCY AND CITY DEPARTMENT COMMENTS No comments

RECOMMENDED FINDINGS FOR APPROVAL Planning Commission decisions on following

been received

1 The proposed re-zone is consistent with the current neighborhood character 2 proposed rezone will have of a negative transportation impact than that of the

current designation COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure

neighborhood compatibility with the current of area 4 The and infrastructure services in property are sufficient in and capacity

to handle all allowed uses in the MR-9 zoning district 5 with proper preparation is to handle developments with MR-

9 zoning

Project 16-041 MR-9 Rezone

6

practices and availabje inomiatlon The report is to be used to review and Planning commission

additional information

Staff Report for Oct 13 2016 Planrung Comrnision Meeting

~

LGAN CJTY U N I T E D I N 5 E R V I C

PLANNING COMMISSION MINUTES Meeti of October 13 2016

Minutes of the meeting for the Logan City Planning Commission convened in regular session on October 13 2016 Vice-Chairman Price the meeting to order at 530 pm

Butterfield Dave Newman Tony Nielson Eduardo Ortiz Russ

Davis

Russ Holley Amber Pollan Kymber Housley Zilles

Humphreys

Minutes as written and recorded from the September 2016 meeting were reviewed Commissioner Sinclair moved that the minutes be approved as submitted Commissioner Nielson

the motion The motion was unanimously approved

PUBLIC HEARING

Change] Logan LLC authorized agenUowner a rezone of 342 acres north of 1400 North and

to Mixed Residential (MR-9) N 05-011-0006 of 1200 East from Commercial (COM)

Mr Holley reviewed the request is to rezone a acre parcel from Commercial (COM) to Mixed Residential Transitional (MR-9) with the intent of developing lower (9 units per

residential townhomes developer COM for the area the proximity to neighborhoods eas1wa

shopping centers a few blocks west

area is a 342 acre The site slopes to west and several stands of native trees and vegetation exist A wetland delineation has not been completed at this time The site is encircled by streets including 1400 North 1200 a small residential access road to the north that is located in North Logan City The Logan City boundary runs along the northern nrllrIOlfJ line

The developer has indicated a desire to develop lower density townhomes in this area which is allowed in the MR-9 zone

The logic in the General Plan encourages neighborhood walkable commercial services and compact residential to give residents more transportation options and reduce the impacts of inefficient sprawling growth With the proximity of the site to USU and their student and faculty populations in need of quality and stable housing options the MUC designation seemed logical in 2008 With newer mixed use developments evolving in the last few years into bigger and separated commercialresidential projects oriented towards the automobile and regional populations it is evident that these types of developments would negatively impact this established neighborhood

Planning Commission Meeting Minutes for October 13 2016 1 I Page

character The current COM zone allowances and development patterns are very similar to that of the MUC with large commercial buildings and higher density multi-family housing above or behind

With a smaller existing convenience store walkable commercial services can exist with some pedestrian improvements to the streetscape and intersections Given the MR-9 zoning description in the LDC of being a transition area that provides quality housing options the MR-9 zoning designation should be more compatible than the current COM zone The COM zone allows bigger structures and higher density (30 units per acre) multi-family housing that could be built in an incompatible manner and negatively impact the neighborhood With COM developments designed for regional populations and oriented for regional automobile traffic negative transportation impacts would be felt by area residents Staff is recommending approval of the rezone request

PUBLIC James Huppi advised that the agreement with Cache-Highline will need to be modified He is concerned about the setback on 1500 North and how high buildings could be Chairman Price explained that those issues would be handed at the developmentdesign stage

Steve Dewey lives along 1500 North on the North Logan side and expressed concern with safety on 1500 North There are currently four homes on that the dead-end lane He asked if there would be a cost to North Logan if the street were developed Mr Holley said he does not anticipate any proposed access to the north which would require crossing a jurisdictional boundary Mr Dewey said 1500 North used to be a through-street but was closed after a petition from the residents and he would not like to see it opened back up

COMMISSION Commissioner Sinclair asked if North Logan residents were noticed Mr Holley confirmed that property owners within 300 of the project were sent notices

Commissioner Newman asked about the standing water and whether wetland delineation will be required Mr Holley said that it will be required before any development and depending on the results there may be some mitigation necessary

Mr Holley clarified for Chairman Price that this change would allow a developer to put up to 30 townhomes at this location Chairman Price questioned access Mr Holley said that would be addressed when a development is proposed Chairman Price asked if there was a proposal pending Mr Holley said the City anticipates there will be however there is nothing official at this point

Chairman Price expressed concern about changing the Mixed Use designation indicated on the Future Land Use Plan (FLUP) to Mixed Residential This is an area where having mixed use would be appropriate and helpful It seems as if we are losing the intent of the mixed use buffer Mr DeSimone the Community Development Director said that the neighborhood in this case did not want mixed use or commercial in this location The fundamental question is whether the City envisions that this area would need to change to a commercial use given the nature of the road system and the current commercial centers there does not seem to be a supporting reason to keep it commercial This is a difficult quandary about what makes sense now versus what might be needed in the future

Commissioner Butterfield said it is important to find areas for mixed use and higher-density housing that is healthy for the surrounding neighborhood

Commissioner Newman said he thinks townhomes might be a good idea as residents in the area begin to downsize and want to stay in the area

Commissioner Ortiz explained that it is good to envision what will happen in 15-20 years This is a small area and may not be right for mixed use however there are areas which would be good for mixed use development Chairman Price agreed and said the tendency is to plan for long-term but

Planning Commission Meeting Minutes for October 13 2016 21 Page

make decisions based on what is in front of us which may be correct in most cases however there is a need to find ways to incentive projects with more of a mixed use flavor

Commissioner Nielson said he is a proponent of mixed use and would like to see more small-scale commercial throughout the City He also noted that that there is a difference in townhomes for a retired community versus townhomes located near the University which may serve a different population

MOTION Commissioner Newman moved to recommend approval to the Municipal Council for a zone change of 342 acres north of 1400 North and east of 1200 East from Commercial (COM) to Mixed Residential (MR-9) as outlined in PC 16-041 with the findings for approval as listed below Commissioner Butterfield seconded the motion

FINDINGS FOR APPROVAL 1 The rezone is consistent with the current neighborhood character 2 The rezone will have less of a negative transportation impact than that of the current

designation of COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure neighborhood

compatibility with the current character of the area 4 The streets and infrastructure services in the property are sufficient in size and capacity to

handle all allowed uses in the MR-9 zoning district 5 The site with proper preparation is suitable to handle developments associated with MR-9

zoning

Moved Commissioner Newman Seconded Commissioner Butterfield Passed 5-0 Yea D Butterfield D Newman Ortiz R Price S Sinclair Nay Abstain T Nielson

Planning Commission Meeting Minutes for October 13 2016 31 Page

STATE OF UTAH COUNTY OF CACHE ss

Civil PROOF OF PUBLICATION

On this 14th day of November AD 2016 personally appeared before me JAIME MAW who being first being duly sworn deposes and says that (s)he is the Principal Legal Clerk of the Cache Valley Publishing Co publishers of The Herald Journal a daily newspaper published in Logan City Cache County Utah and that the Legal Notice a copy of which is hereto attached was published in said newspaper for 1 issue(s) and that said notice also published on utahlegalscom on the same day(s) as publication in said newspaper

Commencing on the following days 1 [1062016

sworn to before me on this 14th day of November AD 2016

~ middot middot - lt ~~ Notary Public L ~ ommissionedintheStaUtah

My Conunission expires 10182019

LEGAL NOTICE LOGAN MUNICIPAL COUNCIL

NOTARY PUBLIC LAURIE JACKSON

My Commission 685300 My Commission Expires

October 18 2019 STATE OF UTAH

RDINANCE - The following ordinance SUMMARY OF AN O d b the Logan Municipal Council was adopted and approve 1 ~016 Logan Utah on November middot

a rezone al 342 acres ORD 16-34 An ord1na~c a~P~f~~6o East from Commercial North of 14~0 NoRrth ~dn tmiddotaals(MR-9)middot TIN 05-011 -0006 (COM) to Mixed es en

diately upon publication Full This ordinance 1s effective ~1~eviewed at the office of the text of the ordinance ~n Hall 290 North 1 oo West Logan Logan City Recorder 1 Y Utah during regular business hours

Teresa Harris City Recorder Publication Date November 6 2016

LGAN Iiibull IC l

COMMUMTYOEVUOPl11~1

REPORT SUMMARY Project Name ProponentOwner Project Address Request Current Zoning Date of Hearing Type of Action Submitted By

RECOMMENDATION

Project 16-041 MR-9 Rezone

Located at 1400 North 1200 East

MR-9 Rezone Community Dev Dept Bernston LLC 1400 N 1200 E Rezone from COM to MR-9 COM Oct 13 2016 Legislative Russ Holley Senior Planner

Staff recommends that the Planning Commission recommend approval to the Municipal Council for a rezone from COM to MR-9 The MR-9 Rezone for the property located at 1400 N 1200 E TIN 05-011-0006

North Outside Logan City Boundary East NR-6 Residential Uses South NR-6 Vacant Land West COM Commercial Uses

Request The request is to rezone a 342 acre parcel from Commercial (COM) to Mixed Residential Transitional (MR-9) with the intent of developing lower density (9 units per acre) residential townhomes The developer feels the COM designation is inappropriate for the area given the proximity to single family neighborhoods eastward and the larger commercial shopping centers a few blocks west

Existing Conditions The 342 acre site is vacant of any structures and is triangular in shape with the existing Hillside Gas Station Convenience Store and Carwash located directly adjacent to the southwest The site slopes east to west and several stands of native trees and vegetation exist with wetlandlow water table areas located at the northwest corner An official wetland delineation has not been completed at this time The site is encircled by streets including 1400 North 1200 East and small residential access road to the north that is located in the city of North Logan The Logan City boundary runs along the north property line of the site

Zoning History The City of Logan adopted zoning regulations in August of 1950 The zoning history of the area is as follows

Year Zone UseStructure Permitted 1976 R-1 Single Family Residential with 8000 SF min base lot size 1983 C-1 Neighborhood Commercial with limited commercial uses permitted 2000 CN Commercial Neighborhood with MFM Residential densities permitted 2012 COM Commercial Uses with secondary residential at 30 units per acre

Project 16-041 MR-9 Rezone Staff Report for the Oct 13 2016 Planning Commission Meeting

I Nursing Home Convalescent Home

Caregiver Certified NA or CA

Group Home where care training or treatment IS provided on-site

Donnitories Fraternities Sororities

Residential occupancy of a dwelling unit by a family or no more than 1hree unrelated individuals

bullone caretaker or security guard may be permitted to live on-site as an accessory use with a Conditional Use Pennit

PublicInstitutional Uses Colleges Umversity or Technical College

Trade vocational or commercial schools

Uses of a public nonprofit or charitable nature generally providing a local service to people of the community

Family Day CarePreschool (1-8 Clients) Family Group Day CarePreschool (9-16 Clients)

Commercial Day Care (17 or more clients)

Religious Institutions

Clubs Lodges similar uses

Libraries Museums Community Centers

Public School (K-12)

Private Schools (K-12)

Utility Uses Wireless Telecommunication Facilities

Radio television or microwave towers

Amateur radio towers

Utilities basic service delivery and laterals

Utilities structures physical facilities (Regional Facilities)

Municipal water well reservoir or storage tank

Commereia Uses

CJenern husirny 0lirnmcm prot~~~ioe1 or financial

imwn

C

C

p

C

C

pt

C

C

p

p

C

p

p

C C C p

State law supersedes local zoning regulations

C

p

C

C p

p

C

C

I

Staff Repor

ISaml tmiddotse i Commercial Parking

Recreation and Entertainment (Outdoor Facility)

Miniature Golf Course

Indoor Commercial Shooting Range

Sales and Service Firms mvolved in the sale lease or rent of new or used products 10 the general public These firms may also provide personal services or entertainment or provide product repair or services for consumer and business goods

Sales and Service Large Footprint 100000 SF

Indoor Commercial Amusement

Animal Clime Per Hospital

Antique or collectible shop

Art supply store

Barber or beauty shop

Bakery or confectionery shop retail sales

Camera shop

Carpet Retail

Carwash

Clothing

Convenience Market (no gasoline)

Copy Center

Dairy products or ice cream

Dancehall or nightclub

Department or discount store

Drug store or pharmacy

Dry cleaner

Florist shop

Furniture or appliance store

Garden shop plant sales nursery

Grocery store

Handicraft and art object sale

Hardware siore

Hobby shop

Laundromat

I Locksmith or key shop

I -iusic store

i Moirltenance Repair for Bbulli ltlig5

Package iiquor store

1604 MRlt) Rv

i

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p

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3

p

p

p

i

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Pet shop for small animals bird fish p

Plumbing Shop p

Provisioning and recreational sporting goods sales p

Radio Station p

Railroad or bus passenger station p

Repairofappliances TV Radio p

Restaurant Fast Food p

Restaurant General p

Shoe boot or olher leather goods sale and repair p

Studio healthamp fitness p

Studio photographer artist music dance and drama p

Tavern p

Tennis Swim or other recreation club p

Theaters p

Vehicle Parts Sales p

Gasoline Service S1a1ion p

Gasoline Storage Uniform fire Code 7902 p

Enclosed WreckmgiSalvage Yard C

All dL dU MR9Z bull omiddot t middot t

[ XsN I) l SI VIR-9

Center

or

Home where care or treatment IS NOT provided on site

Residential occupancy of a unit by a or no more than three (3) unrelated

individuals

Family Day Care Preschool ( 1-8 Clients)

Family Group Day Care Preschool (9-16 clients

Neighborhood Parks and Open Areas

CommunityRegional Parks

Religious Institutions

Libraries Museums Community Centers

Cemetery Mausoleum

Proiect 16-041 MR-9 Rezone

C

p

p

C

p

C

p

C

C

4

i I

I

Staff Report for the Oct 13 2016 Planning Commission Meeting

Wireless Telecommunication Facilities

water well reservoir tank

Residential igtmrgtrbullrnc for Drug amp Alcohol Treatment

Alternative or Post Incarceration Facilities

C

State Law Supersedes

C

C

C

C

p

C

C

C

2 Use may be aflowed where state or federal law preempts local zoning

Neighborhood Compatibility area is sandwiched in between a different municipality to the north some older gas

t111~1cn buildings Utah the west family the east block misalignment 1500 North and 1400

area was bisected in the with a curvilinear street connecting blocks This particular was part of the gravel pit property to the south

(Hancey) but was never used for extraction and has remained relatively undisturbed over

L1acu on the use tables above for both zones the COM zone has substantially more impactful normiddotmrror1 land uses and building that could be more disruptive to the current neighborhood character than the fewer permitted land uses including lower density townhouses allowed in the MR-9 zone

Use Plan in 2008 identifies this area as Mixed Use Center (MUG) land use designation compact commercial and developments designed for people to live work and play all within a walk-able distance

Land Development Code (LDC) The Land Development Code sect1716040 describes the COM zone as one that has retail commercial services and hospitality businesses that serve the entire city or regional populations These developments are located on high-capacity roads and serviced by transit (LDC) sect1712070 describes the MR-9 zone as a district providing housing options for all stages of life MR-9 zones are typically located near employment centers and may provide a transition from commercial areas to single family neighborhoods

Project 16-041 MR-9 Rezone Staff Report for the Oct 13 2016 Planning Commission Meeting

5

Summary amp Recommendation logic in Plan encourages neighborhood walk-able commercial and

compact throughout city to more transportation and reduce the impacts of inefficient sprawling growth This along with the proximity of the site to USU and their student and faculty populations in of quality and stable housing options the MUC designation seemed in 2008 With newer mixed use evolving in City the last few into bigger separated commercialresidential projects oriented towards the automobile and regional populations its evident that these types of developments would negatively impacts this established neighborhood character The current COM zone allowances and development patterns are very similar to that the MUC with large commercial

and higher density multi-family housing above or behind

With the smaller existing convenience store some walk-able commercial services can with some to the and Given the MR-9 zoning description in LDC of being a transition area that provides quality housing options the MR-9 zoning designation should more compatible than current COM zone The COM zone allows bigger and higher (30 units multi-family housing could be built in an incompatible manner and negatively impact the neighborhood With COM developments for regional populations oriented for automobile traffic negative transportation impacts would be felt by area residents those reasons mentioned above staff is recommending approval of rezone request

PUBLIC COMMENTS the time the no written comments

AGENCY AND CITY DEPARTMENT COMMENTS No comments

RECOMMENDED FINDINGS FOR APPROVAL Planning Commission decisions on following

been received

1 The proposed re-zone is consistent with the current neighborhood character 2 proposed rezone will have of a negative transportation impact than that of the

current designation COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure

neighborhood compatibility with the current of area 4 The and infrastructure services in property are sufficient in and capacity

to handle all allowed uses in the MR-9 zoning district 5 with proper preparation is to handle developments with MR-

9 zoning

Project 16-041 MR-9 Rezone

6

practices and availabje inomiatlon The report is to be used to review and Planning commission

additional information

Staff Report for Oct 13 2016 Planrung Comrnision Meeting

~

LGAN CJTY U N I T E D I N 5 E R V I C

PLANNING COMMISSION MINUTES Meeti of October 13 2016

Minutes of the meeting for the Logan City Planning Commission convened in regular session on October 13 2016 Vice-Chairman Price the meeting to order at 530 pm

Butterfield Dave Newman Tony Nielson Eduardo Ortiz Russ

Davis

Russ Holley Amber Pollan Kymber Housley Zilles

Humphreys

Minutes as written and recorded from the September 2016 meeting were reviewed Commissioner Sinclair moved that the minutes be approved as submitted Commissioner Nielson

the motion The motion was unanimously approved

PUBLIC HEARING

Change] Logan LLC authorized agenUowner a rezone of 342 acres north of 1400 North and

to Mixed Residential (MR-9) N 05-011-0006 of 1200 East from Commercial (COM)

Mr Holley reviewed the request is to rezone a acre parcel from Commercial (COM) to Mixed Residential Transitional (MR-9) with the intent of developing lower (9 units per

residential townhomes developer COM for the area the proximity to neighborhoods eas1wa

shopping centers a few blocks west

area is a 342 acre The site slopes to west and several stands of native trees and vegetation exist A wetland delineation has not been completed at this time The site is encircled by streets including 1400 North 1200 a small residential access road to the north that is located in North Logan City The Logan City boundary runs along the northern nrllrIOlfJ line

The developer has indicated a desire to develop lower density townhomes in this area which is allowed in the MR-9 zone

The logic in the General Plan encourages neighborhood walkable commercial services and compact residential to give residents more transportation options and reduce the impacts of inefficient sprawling growth With the proximity of the site to USU and their student and faculty populations in need of quality and stable housing options the MUC designation seemed logical in 2008 With newer mixed use developments evolving in the last few years into bigger and separated commercialresidential projects oriented towards the automobile and regional populations it is evident that these types of developments would negatively impact this established neighborhood

Planning Commission Meeting Minutes for October 13 2016 1 I Page

character The current COM zone allowances and development patterns are very similar to that of the MUC with large commercial buildings and higher density multi-family housing above or behind

With a smaller existing convenience store walkable commercial services can exist with some pedestrian improvements to the streetscape and intersections Given the MR-9 zoning description in the LDC of being a transition area that provides quality housing options the MR-9 zoning designation should be more compatible than the current COM zone The COM zone allows bigger structures and higher density (30 units per acre) multi-family housing that could be built in an incompatible manner and negatively impact the neighborhood With COM developments designed for regional populations and oriented for regional automobile traffic negative transportation impacts would be felt by area residents Staff is recommending approval of the rezone request

PUBLIC James Huppi advised that the agreement with Cache-Highline will need to be modified He is concerned about the setback on 1500 North and how high buildings could be Chairman Price explained that those issues would be handed at the developmentdesign stage

Steve Dewey lives along 1500 North on the North Logan side and expressed concern with safety on 1500 North There are currently four homes on that the dead-end lane He asked if there would be a cost to North Logan if the street were developed Mr Holley said he does not anticipate any proposed access to the north which would require crossing a jurisdictional boundary Mr Dewey said 1500 North used to be a through-street but was closed after a petition from the residents and he would not like to see it opened back up

COMMISSION Commissioner Sinclair asked if North Logan residents were noticed Mr Holley confirmed that property owners within 300 of the project were sent notices

Commissioner Newman asked about the standing water and whether wetland delineation will be required Mr Holley said that it will be required before any development and depending on the results there may be some mitigation necessary

Mr Holley clarified for Chairman Price that this change would allow a developer to put up to 30 townhomes at this location Chairman Price questioned access Mr Holley said that would be addressed when a development is proposed Chairman Price asked if there was a proposal pending Mr Holley said the City anticipates there will be however there is nothing official at this point

Chairman Price expressed concern about changing the Mixed Use designation indicated on the Future Land Use Plan (FLUP) to Mixed Residential This is an area where having mixed use would be appropriate and helpful It seems as if we are losing the intent of the mixed use buffer Mr DeSimone the Community Development Director said that the neighborhood in this case did not want mixed use or commercial in this location The fundamental question is whether the City envisions that this area would need to change to a commercial use given the nature of the road system and the current commercial centers there does not seem to be a supporting reason to keep it commercial This is a difficult quandary about what makes sense now versus what might be needed in the future

Commissioner Butterfield said it is important to find areas for mixed use and higher-density housing that is healthy for the surrounding neighborhood

Commissioner Newman said he thinks townhomes might be a good idea as residents in the area begin to downsize and want to stay in the area

Commissioner Ortiz explained that it is good to envision what will happen in 15-20 years This is a small area and may not be right for mixed use however there are areas which would be good for mixed use development Chairman Price agreed and said the tendency is to plan for long-term but

Planning Commission Meeting Minutes for October 13 2016 21 Page

make decisions based on what is in front of us which may be correct in most cases however there is a need to find ways to incentive projects with more of a mixed use flavor

Commissioner Nielson said he is a proponent of mixed use and would like to see more small-scale commercial throughout the City He also noted that that there is a difference in townhomes for a retired community versus townhomes located near the University which may serve a different population

MOTION Commissioner Newman moved to recommend approval to the Municipal Council for a zone change of 342 acres north of 1400 North and east of 1200 East from Commercial (COM) to Mixed Residential (MR-9) as outlined in PC 16-041 with the findings for approval as listed below Commissioner Butterfield seconded the motion

FINDINGS FOR APPROVAL 1 The rezone is consistent with the current neighborhood character 2 The rezone will have less of a negative transportation impact than that of the current

designation of COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure neighborhood

compatibility with the current character of the area 4 The streets and infrastructure services in the property are sufficient in size and capacity to

handle all allowed uses in the MR-9 zoning district 5 The site with proper preparation is suitable to handle developments associated with MR-9

zoning

Moved Commissioner Newman Seconded Commissioner Butterfield Passed 5-0 Yea D Butterfield D Newman Ortiz R Price S Sinclair Nay Abstain T Nielson

Planning Commission Meeting Minutes for October 13 2016 31 Page

STATE OF UTAH COUNTY OF CACHE ss

Civil PROOF OF PUBLICATION

On this 14th day of November AD 2016 personally appeared before me JAIME MAW who being first being duly sworn deposes and says that (s)he is the Principal Legal Clerk of the Cache Valley Publishing Co publishers of The Herald Journal a daily newspaper published in Logan City Cache County Utah and that the Legal Notice a copy of which is hereto attached was published in said newspaper for 1 issue(s) and that said notice also published on utahlegalscom on the same day(s) as publication in said newspaper

Commencing on the following days 1 [1062016

sworn to before me on this 14th day of November AD 2016

~ middot middot - lt ~~ Notary Public L ~ ommissionedintheStaUtah

My Conunission expires 10182019

LEGAL NOTICE LOGAN MUNICIPAL COUNCIL

NOTARY PUBLIC LAURIE JACKSON

My Commission 685300 My Commission Expires

October 18 2019 STATE OF UTAH

RDINANCE - The following ordinance SUMMARY OF AN O d b the Logan Municipal Council was adopted and approve 1 ~016 Logan Utah on November middot

a rezone al 342 acres ORD 16-34 An ord1na~c a~P~f~~6o East from Commercial North of 14~0 NoRrth ~dn tmiddotaals(MR-9)middot TIN 05-011 -0006 (COM) to Mixed es en

diately upon publication Full This ordinance 1s effective ~1~eviewed at the office of the text of the ordinance ~n Hall 290 North 1 oo West Logan Logan City Recorder 1 Y Utah during regular business hours

Teresa Harris City Recorder Publication Date November 6 2016

I Nursing Home Convalescent Home

Caregiver Certified NA or CA

Group Home where care training or treatment IS provided on-site

Donnitories Fraternities Sororities

Residential occupancy of a dwelling unit by a family or no more than 1hree unrelated individuals

bullone caretaker or security guard may be permitted to live on-site as an accessory use with a Conditional Use Pennit

PublicInstitutional Uses Colleges Umversity or Technical College

Trade vocational or commercial schools

Uses of a public nonprofit or charitable nature generally providing a local service to people of the community

Family Day CarePreschool (1-8 Clients) Family Group Day CarePreschool (9-16 Clients)

Commercial Day Care (17 or more clients)

Religious Institutions

Clubs Lodges similar uses

Libraries Museums Community Centers

Public School (K-12)

Private Schools (K-12)

Utility Uses Wireless Telecommunication Facilities

Radio television or microwave towers

Amateur radio towers

Utilities basic service delivery and laterals

Utilities structures physical facilities (Regional Facilities)

Municipal water well reservoir or storage tank

Commereia Uses

CJenern husirny 0lirnmcm prot~~~ioe1 or financial

imwn

C

C

p

C

C

pt

C

C

p

p

C

p

p

C C C p

State law supersedes local zoning regulations

C

p

C

C p

p

C

C

I

Staff Repor

ISaml tmiddotse i Commercial Parking

Recreation and Entertainment (Outdoor Facility)

Miniature Golf Course

Indoor Commercial Shooting Range

Sales and Service Firms mvolved in the sale lease or rent of new or used products 10 the general public These firms may also provide personal services or entertainment or provide product repair or services for consumer and business goods

Sales and Service Large Footprint 100000 SF

Indoor Commercial Amusement

Animal Clime Per Hospital

Antique or collectible shop

Art supply store

Barber or beauty shop

Bakery or confectionery shop retail sales

Camera shop

Carpet Retail

Carwash

Clothing

Convenience Market (no gasoline)

Copy Center

Dairy products or ice cream

Dancehall or nightclub

Department or discount store

Drug store or pharmacy

Dry cleaner

Florist shop

Furniture or appliance store

Garden shop plant sales nursery

Grocery store

Handicraft and art object sale

Hardware siore

Hobby shop

Laundromat

I Locksmith or key shop

I -iusic store

i Moirltenance Repair for Bbulli ltlig5

Package iiquor store

1604 MRlt) Rv

i

(B(JYJ p

p

p

C

p

p

p

p

p

p

p

p

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p

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p

p

p

p

p

p

p

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p

p

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p middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot---middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot

3

p

p

p

i

I I

Pet shop for small animals bird fish p

Plumbing Shop p

Provisioning and recreational sporting goods sales p

Radio Station p

Railroad or bus passenger station p

Repairofappliances TV Radio p

Restaurant Fast Food p

Restaurant General p

Shoe boot or olher leather goods sale and repair p

Studio healthamp fitness p

Studio photographer artist music dance and drama p

Tavern p

Tennis Swim or other recreation club p

Theaters p

Vehicle Parts Sales p

Gasoline Service S1a1ion p

Gasoline Storage Uniform fire Code 7902 p

Enclosed WreckmgiSalvage Yard C

All dL dU MR9Z bull omiddot t middot t

[ XsN I) l SI VIR-9

Center

or

Home where care or treatment IS NOT provided on site

Residential occupancy of a unit by a or no more than three (3) unrelated

individuals

Family Day Care Preschool ( 1-8 Clients)

Family Group Day Care Preschool (9-16 clients

Neighborhood Parks and Open Areas

CommunityRegional Parks

Religious Institutions

Libraries Museums Community Centers

Cemetery Mausoleum

Proiect 16-041 MR-9 Rezone

C

p

p

C

p

C

p

C

C

4

i I

I

Staff Report for the Oct 13 2016 Planning Commission Meeting

Wireless Telecommunication Facilities

water well reservoir tank

Residential igtmrgtrbullrnc for Drug amp Alcohol Treatment

Alternative or Post Incarceration Facilities

C

State Law Supersedes

C

C

C

C

p

C

C

C

2 Use may be aflowed where state or federal law preempts local zoning

Neighborhood Compatibility area is sandwiched in between a different municipality to the north some older gas

t111~1cn buildings Utah the west family the east block misalignment 1500 North and 1400

area was bisected in the with a curvilinear street connecting blocks This particular was part of the gravel pit property to the south

(Hancey) but was never used for extraction and has remained relatively undisturbed over

L1acu on the use tables above for both zones the COM zone has substantially more impactful normiddotmrror1 land uses and building that could be more disruptive to the current neighborhood character than the fewer permitted land uses including lower density townhouses allowed in the MR-9 zone

Use Plan in 2008 identifies this area as Mixed Use Center (MUG) land use designation compact commercial and developments designed for people to live work and play all within a walk-able distance

Land Development Code (LDC) The Land Development Code sect1716040 describes the COM zone as one that has retail commercial services and hospitality businesses that serve the entire city or regional populations These developments are located on high-capacity roads and serviced by transit (LDC) sect1712070 describes the MR-9 zone as a district providing housing options for all stages of life MR-9 zones are typically located near employment centers and may provide a transition from commercial areas to single family neighborhoods

Project 16-041 MR-9 Rezone Staff Report for the Oct 13 2016 Planning Commission Meeting

5

Summary amp Recommendation logic in Plan encourages neighborhood walk-able commercial and

compact throughout city to more transportation and reduce the impacts of inefficient sprawling growth This along with the proximity of the site to USU and their student and faculty populations in of quality and stable housing options the MUC designation seemed in 2008 With newer mixed use evolving in City the last few into bigger separated commercialresidential projects oriented towards the automobile and regional populations its evident that these types of developments would negatively impacts this established neighborhood character The current COM zone allowances and development patterns are very similar to that the MUC with large commercial

and higher density multi-family housing above or behind

With the smaller existing convenience store some walk-able commercial services can with some to the and Given the MR-9 zoning description in LDC of being a transition area that provides quality housing options the MR-9 zoning designation should more compatible than current COM zone The COM zone allows bigger and higher (30 units multi-family housing could be built in an incompatible manner and negatively impact the neighborhood With COM developments for regional populations oriented for automobile traffic negative transportation impacts would be felt by area residents those reasons mentioned above staff is recommending approval of rezone request

PUBLIC COMMENTS the time the no written comments

AGENCY AND CITY DEPARTMENT COMMENTS No comments

RECOMMENDED FINDINGS FOR APPROVAL Planning Commission decisions on following

been received

1 The proposed re-zone is consistent with the current neighborhood character 2 proposed rezone will have of a negative transportation impact than that of the

current designation COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure

neighborhood compatibility with the current of area 4 The and infrastructure services in property are sufficient in and capacity

to handle all allowed uses in the MR-9 zoning district 5 with proper preparation is to handle developments with MR-

9 zoning

Project 16-041 MR-9 Rezone

6

practices and availabje inomiatlon The report is to be used to review and Planning commission

additional information

Staff Report for Oct 13 2016 Planrung Comrnision Meeting

~

LGAN CJTY U N I T E D I N 5 E R V I C

PLANNING COMMISSION MINUTES Meeti of October 13 2016

Minutes of the meeting for the Logan City Planning Commission convened in regular session on October 13 2016 Vice-Chairman Price the meeting to order at 530 pm

Butterfield Dave Newman Tony Nielson Eduardo Ortiz Russ

Davis

Russ Holley Amber Pollan Kymber Housley Zilles

Humphreys

Minutes as written and recorded from the September 2016 meeting were reviewed Commissioner Sinclair moved that the minutes be approved as submitted Commissioner Nielson

the motion The motion was unanimously approved

PUBLIC HEARING

Change] Logan LLC authorized agenUowner a rezone of 342 acres north of 1400 North and

to Mixed Residential (MR-9) N 05-011-0006 of 1200 East from Commercial (COM)

Mr Holley reviewed the request is to rezone a acre parcel from Commercial (COM) to Mixed Residential Transitional (MR-9) with the intent of developing lower (9 units per

residential townhomes developer COM for the area the proximity to neighborhoods eas1wa

shopping centers a few blocks west

area is a 342 acre The site slopes to west and several stands of native trees and vegetation exist A wetland delineation has not been completed at this time The site is encircled by streets including 1400 North 1200 a small residential access road to the north that is located in North Logan City The Logan City boundary runs along the northern nrllrIOlfJ line

The developer has indicated a desire to develop lower density townhomes in this area which is allowed in the MR-9 zone

The logic in the General Plan encourages neighborhood walkable commercial services and compact residential to give residents more transportation options and reduce the impacts of inefficient sprawling growth With the proximity of the site to USU and their student and faculty populations in need of quality and stable housing options the MUC designation seemed logical in 2008 With newer mixed use developments evolving in the last few years into bigger and separated commercialresidential projects oriented towards the automobile and regional populations it is evident that these types of developments would negatively impact this established neighborhood

Planning Commission Meeting Minutes for October 13 2016 1 I Page

character The current COM zone allowances and development patterns are very similar to that of the MUC with large commercial buildings and higher density multi-family housing above or behind

With a smaller existing convenience store walkable commercial services can exist with some pedestrian improvements to the streetscape and intersections Given the MR-9 zoning description in the LDC of being a transition area that provides quality housing options the MR-9 zoning designation should be more compatible than the current COM zone The COM zone allows bigger structures and higher density (30 units per acre) multi-family housing that could be built in an incompatible manner and negatively impact the neighborhood With COM developments designed for regional populations and oriented for regional automobile traffic negative transportation impacts would be felt by area residents Staff is recommending approval of the rezone request

PUBLIC James Huppi advised that the agreement with Cache-Highline will need to be modified He is concerned about the setback on 1500 North and how high buildings could be Chairman Price explained that those issues would be handed at the developmentdesign stage

Steve Dewey lives along 1500 North on the North Logan side and expressed concern with safety on 1500 North There are currently four homes on that the dead-end lane He asked if there would be a cost to North Logan if the street were developed Mr Holley said he does not anticipate any proposed access to the north which would require crossing a jurisdictional boundary Mr Dewey said 1500 North used to be a through-street but was closed after a petition from the residents and he would not like to see it opened back up

COMMISSION Commissioner Sinclair asked if North Logan residents were noticed Mr Holley confirmed that property owners within 300 of the project were sent notices

Commissioner Newman asked about the standing water and whether wetland delineation will be required Mr Holley said that it will be required before any development and depending on the results there may be some mitigation necessary

Mr Holley clarified for Chairman Price that this change would allow a developer to put up to 30 townhomes at this location Chairman Price questioned access Mr Holley said that would be addressed when a development is proposed Chairman Price asked if there was a proposal pending Mr Holley said the City anticipates there will be however there is nothing official at this point

Chairman Price expressed concern about changing the Mixed Use designation indicated on the Future Land Use Plan (FLUP) to Mixed Residential This is an area where having mixed use would be appropriate and helpful It seems as if we are losing the intent of the mixed use buffer Mr DeSimone the Community Development Director said that the neighborhood in this case did not want mixed use or commercial in this location The fundamental question is whether the City envisions that this area would need to change to a commercial use given the nature of the road system and the current commercial centers there does not seem to be a supporting reason to keep it commercial This is a difficult quandary about what makes sense now versus what might be needed in the future

Commissioner Butterfield said it is important to find areas for mixed use and higher-density housing that is healthy for the surrounding neighborhood

Commissioner Newman said he thinks townhomes might be a good idea as residents in the area begin to downsize and want to stay in the area

Commissioner Ortiz explained that it is good to envision what will happen in 15-20 years This is a small area and may not be right for mixed use however there are areas which would be good for mixed use development Chairman Price agreed and said the tendency is to plan for long-term but

Planning Commission Meeting Minutes for October 13 2016 21 Page

make decisions based on what is in front of us which may be correct in most cases however there is a need to find ways to incentive projects with more of a mixed use flavor

Commissioner Nielson said he is a proponent of mixed use and would like to see more small-scale commercial throughout the City He also noted that that there is a difference in townhomes for a retired community versus townhomes located near the University which may serve a different population

MOTION Commissioner Newman moved to recommend approval to the Municipal Council for a zone change of 342 acres north of 1400 North and east of 1200 East from Commercial (COM) to Mixed Residential (MR-9) as outlined in PC 16-041 with the findings for approval as listed below Commissioner Butterfield seconded the motion

FINDINGS FOR APPROVAL 1 The rezone is consistent with the current neighborhood character 2 The rezone will have less of a negative transportation impact than that of the current

designation of COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure neighborhood

compatibility with the current character of the area 4 The streets and infrastructure services in the property are sufficient in size and capacity to

handle all allowed uses in the MR-9 zoning district 5 The site with proper preparation is suitable to handle developments associated with MR-9

zoning

Moved Commissioner Newman Seconded Commissioner Butterfield Passed 5-0 Yea D Butterfield D Newman Ortiz R Price S Sinclair Nay Abstain T Nielson

Planning Commission Meeting Minutes for October 13 2016 31 Page

STATE OF UTAH COUNTY OF CACHE ss

Civil PROOF OF PUBLICATION

On this 14th day of November AD 2016 personally appeared before me JAIME MAW who being first being duly sworn deposes and says that (s)he is the Principal Legal Clerk of the Cache Valley Publishing Co publishers of The Herald Journal a daily newspaper published in Logan City Cache County Utah and that the Legal Notice a copy of which is hereto attached was published in said newspaper for 1 issue(s) and that said notice also published on utahlegalscom on the same day(s) as publication in said newspaper

Commencing on the following days 1 [1062016

sworn to before me on this 14th day of November AD 2016

~ middot middot - lt ~~ Notary Public L ~ ommissionedintheStaUtah

My Conunission expires 10182019

LEGAL NOTICE LOGAN MUNICIPAL COUNCIL

NOTARY PUBLIC LAURIE JACKSON

My Commission 685300 My Commission Expires

October 18 2019 STATE OF UTAH

RDINANCE - The following ordinance SUMMARY OF AN O d b the Logan Municipal Council was adopted and approve 1 ~016 Logan Utah on November middot

a rezone al 342 acres ORD 16-34 An ord1na~c a~P~f~~6o East from Commercial North of 14~0 NoRrth ~dn tmiddotaals(MR-9)middot TIN 05-011 -0006 (COM) to Mixed es en

diately upon publication Full This ordinance 1s effective ~1~eviewed at the office of the text of the ordinance ~n Hall 290 North 1 oo West Logan Logan City Recorder 1 Y Utah during regular business hours

Teresa Harris City Recorder Publication Date November 6 2016

ISaml tmiddotse i Commercial Parking

Recreation and Entertainment (Outdoor Facility)

Miniature Golf Course

Indoor Commercial Shooting Range

Sales and Service Firms mvolved in the sale lease or rent of new or used products 10 the general public These firms may also provide personal services or entertainment or provide product repair or services for consumer and business goods

Sales and Service Large Footprint 100000 SF

Indoor Commercial Amusement

Animal Clime Per Hospital

Antique or collectible shop

Art supply store

Barber or beauty shop

Bakery or confectionery shop retail sales

Camera shop

Carpet Retail

Carwash

Clothing

Convenience Market (no gasoline)

Copy Center

Dairy products or ice cream

Dancehall or nightclub

Department or discount store

Drug store or pharmacy

Dry cleaner

Florist shop

Furniture or appliance store

Garden shop plant sales nursery

Grocery store

Handicraft and art object sale

Hardware siore

Hobby shop

Laundromat

I Locksmith or key shop

I -iusic store

i Moirltenance Repair for Bbulli ltlig5

Package iiquor store

1604 MRlt) Rv

i

(B(JYJ p

p

p

C

p

p

p

p

p

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p middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot---middotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddotmiddot

3

p

p

p

i

I I

Pet shop for small animals bird fish p

Plumbing Shop p

Provisioning and recreational sporting goods sales p

Radio Station p

Railroad or bus passenger station p

Repairofappliances TV Radio p

Restaurant Fast Food p

Restaurant General p

Shoe boot or olher leather goods sale and repair p

Studio healthamp fitness p

Studio photographer artist music dance and drama p

Tavern p

Tennis Swim or other recreation club p

Theaters p

Vehicle Parts Sales p

Gasoline Service S1a1ion p

Gasoline Storage Uniform fire Code 7902 p

Enclosed WreckmgiSalvage Yard C

All dL dU MR9Z bull omiddot t middot t

[ XsN I) l SI VIR-9

Center

or

Home where care or treatment IS NOT provided on site

Residential occupancy of a unit by a or no more than three (3) unrelated

individuals

Family Day Care Preschool ( 1-8 Clients)

Family Group Day Care Preschool (9-16 clients

Neighborhood Parks and Open Areas

CommunityRegional Parks

Religious Institutions

Libraries Museums Community Centers

Cemetery Mausoleum

Proiect 16-041 MR-9 Rezone

C

p

p

C

p

C

p

C

C

4

i I

I

Staff Report for the Oct 13 2016 Planning Commission Meeting

Wireless Telecommunication Facilities

water well reservoir tank

Residential igtmrgtrbullrnc for Drug amp Alcohol Treatment

Alternative or Post Incarceration Facilities

C

State Law Supersedes

C

C

C

C

p

C

C

C

2 Use may be aflowed where state or federal law preempts local zoning

Neighborhood Compatibility area is sandwiched in between a different municipality to the north some older gas

t111~1cn buildings Utah the west family the east block misalignment 1500 North and 1400

area was bisected in the with a curvilinear street connecting blocks This particular was part of the gravel pit property to the south

(Hancey) but was never used for extraction and has remained relatively undisturbed over

L1acu on the use tables above for both zones the COM zone has substantially more impactful normiddotmrror1 land uses and building that could be more disruptive to the current neighborhood character than the fewer permitted land uses including lower density townhouses allowed in the MR-9 zone

Use Plan in 2008 identifies this area as Mixed Use Center (MUG) land use designation compact commercial and developments designed for people to live work and play all within a walk-able distance

Land Development Code (LDC) The Land Development Code sect1716040 describes the COM zone as one that has retail commercial services and hospitality businesses that serve the entire city or regional populations These developments are located on high-capacity roads and serviced by transit (LDC) sect1712070 describes the MR-9 zone as a district providing housing options for all stages of life MR-9 zones are typically located near employment centers and may provide a transition from commercial areas to single family neighborhoods

Project 16-041 MR-9 Rezone Staff Report for the Oct 13 2016 Planning Commission Meeting

5

Summary amp Recommendation logic in Plan encourages neighborhood walk-able commercial and

compact throughout city to more transportation and reduce the impacts of inefficient sprawling growth This along with the proximity of the site to USU and their student and faculty populations in of quality and stable housing options the MUC designation seemed in 2008 With newer mixed use evolving in City the last few into bigger separated commercialresidential projects oriented towards the automobile and regional populations its evident that these types of developments would negatively impacts this established neighborhood character The current COM zone allowances and development patterns are very similar to that the MUC with large commercial

and higher density multi-family housing above or behind

With the smaller existing convenience store some walk-able commercial services can with some to the and Given the MR-9 zoning description in LDC of being a transition area that provides quality housing options the MR-9 zoning designation should more compatible than current COM zone The COM zone allows bigger and higher (30 units multi-family housing could be built in an incompatible manner and negatively impact the neighborhood With COM developments for regional populations oriented for automobile traffic negative transportation impacts would be felt by area residents those reasons mentioned above staff is recommending approval of rezone request

PUBLIC COMMENTS the time the no written comments

AGENCY AND CITY DEPARTMENT COMMENTS No comments

RECOMMENDED FINDINGS FOR APPROVAL Planning Commission decisions on following

been received

1 The proposed re-zone is consistent with the current neighborhood character 2 proposed rezone will have of a negative transportation impact than that of the

current designation COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure

neighborhood compatibility with the current of area 4 The and infrastructure services in property are sufficient in and capacity

to handle all allowed uses in the MR-9 zoning district 5 with proper preparation is to handle developments with MR-

9 zoning

Project 16-041 MR-9 Rezone

6

practices and availabje inomiatlon The report is to be used to review and Planning commission

additional information

Staff Report for Oct 13 2016 Planrung Comrnision Meeting

~

LGAN CJTY U N I T E D I N 5 E R V I C

PLANNING COMMISSION MINUTES Meeti of October 13 2016

Minutes of the meeting for the Logan City Planning Commission convened in regular session on October 13 2016 Vice-Chairman Price the meeting to order at 530 pm

Butterfield Dave Newman Tony Nielson Eduardo Ortiz Russ

Davis

Russ Holley Amber Pollan Kymber Housley Zilles

Humphreys

Minutes as written and recorded from the September 2016 meeting were reviewed Commissioner Sinclair moved that the minutes be approved as submitted Commissioner Nielson

the motion The motion was unanimously approved

PUBLIC HEARING

Change] Logan LLC authorized agenUowner a rezone of 342 acres north of 1400 North and

to Mixed Residential (MR-9) N 05-011-0006 of 1200 East from Commercial (COM)

Mr Holley reviewed the request is to rezone a acre parcel from Commercial (COM) to Mixed Residential Transitional (MR-9) with the intent of developing lower (9 units per

residential townhomes developer COM for the area the proximity to neighborhoods eas1wa

shopping centers a few blocks west

area is a 342 acre The site slopes to west and several stands of native trees and vegetation exist A wetland delineation has not been completed at this time The site is encircled by streets including 1400 North 1200 a small residential access road to the north that is located in North Logan City The Logan City boundary runs along the northern nrllrIOlfJ line

The developer has indicated a desire to develop lower density townhomes in this area which is allowed in the MR-9 zone

The logic in the General Plan encourages neighborhood walkable commercial services and compact residential to give residents more transportation options and reduce the impacts of inefficient sprawling growth With the proximity of the site to USU and their student and faculty populations in need of quality and stable housing options the MUC designation seemed logical in 2008 With newer mixed use developments evolving in the last few years into bigger and separated commercialresidential projects oriented towards the automobile and regional populations it is evident that these types of developments would negatively impact this established neighborhood

Planning Commission Meeting Minutes for October 13 2016 1 I Page

character The current COM zone allowances and development patterns are very similar to that of the MUC with large commercial buildings and higher density multi-family housing above or behind

With a smaller existing convenience store walkable commercial services can exist with some pedestrian improvements to the streetscape and intersections Given the MR-9 zoning description in the LDC of being a transition area that provides quality housing options the MR-9 zoning designation should be more compatible than the current COM zone The COM zone allows bigger structures and higher density (30 units per acre) multi-family housing that could be built in an incompatible manner and negatively impact the neighborhood With COM developments designed for regional populations and oriented for regional automobile traffic negative transportation impacts would be felt by area residents Staff is recommending approval of the rezone request

PUBLIC James Huppi advised that the agreement with Cache-Highline will need to be modified He is concerned about the setback on 1500 North and how high buildings could be Chairman Price explained that those issues would be handed at the developmentdesign stage

Steve Dewey lives along 1500 North on the North Logan side and expressed concern with safety on 1500 North There are currently four homes on that the dead-end lane He asked if there would be a cost to North Logan if the street were developed Mr Holley said he does not anticipate any proposed access to the north which would require crossing a jurisdictional boundary Mr Dewey said 1500 North used to be a through-street but was closed after a petition from the residents and he would not like to see it opened back up

COMMISSION Commissioner Sinclair asked if North Logan residents were noticed Mr Holley confirmed that property owners within 300 of the project were sent notices

Commissioner Newman asked about the standing water and whether wetland delineation will be required Mr Holley said that it will be required before any development and depending on the results there may be some mitigation necessary

Mr Holley clarified for Chairman Price that this change would allow a developer to put up to 30 townhomes at this location Chairman Price questioned access Mr Holley said that would be addressed when a development is proposed Chairman Price asked if there was a proposal pending Mr Holley said the City anticipates there will be however there is nothing official at this point

Chairman Price expressed concern about changing the Mixed Use designation indicated on the Future Land Use Plan (FLUP) to Mixed Residential This is an area where having mixed use would be appropriate and helpful It seems as if we are losing the intent of the mixed use buffer Mr DeSimone the Community Development Director said that the neighborhood in this case did not want mixed use or commercial in this location The fundamental question is whether the City envisions that this area would need to change to a commercial use given the nature of the road system and the current commercial centers there does not seem to be a supporting reason to keep it commercial This is a difficult quandary about what makes sense now versus what might be needed in the future

Commissioner Butterfield said it is important to find areas for mixed use and higher-density housing that is healthy for the surrounding neighborhood

Commissioner Newman said he thinks townhomes might be a good idea as residents in the area begin to downsize and want to stay in the area

Commissioner Ortiz explained that it is good to envision what will happen in 15-20 years This is a small area and may not be right for mixed use however there are areas which would be good for mixed use development Chairman Price agreed and said the tendency is to plan for long-term but

Planning Commission Meeting Minutes for October 13 2016 21 Page

make decisions based on what is in front of us which may be correct in most cases however there is a need to find ways to incentive projects with more of a mixed use flavor

Commissioner Nielson said he is a proponent of mixed use and would like to see more small-scale commercial throughout the City He also noted that that there is a difference in townhomes for a retired community versus townhomes located near the University which may serve a different population

MOTION Commissioner Newman moved to recommend approval to the Municipal Council for a zone change of 342 acres north of 1400 North and east of 1200 East from Commercial (COM) to Mixed Residential (MR-9) as outlined in PC 16-041 with the findings for approval as listed below Commissioner Butterfield seconded the motion

FINDINGS FOR APPROVAL 1 The rezone is consistent with the current neighborhood character 2 The rezone will have less of a negative transportation impact than that of the current

designation of COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure neighborhood

compatibility with the current character of the area 4 The streets and infrastructure services in the property are sufficient in size and capacity to

handle all allowed uses in the MR-9 zoning district 5 The site with proper preparation is suitable to handle developments associated with MR-9

zoning

Moved Commissioner Newman Seconded Commissioner Butterfield Passed 5-0 Yea D Butterfield D Newman Ortiz R Price S Sinclair Nay Abstain T Nielson

Planning Commission Meeting Minutes for October 13 2016 31 Page

STATE OF UTAH COUNTY OF CACHE ss

Civil PROOF OF PUBLICATION

On this 14th day of November AD 2016 personally appeared before me JAIME MAW who being first being duly sworn deposes and says that (s)he is the Principal Legal Clerk of the Cache Valley Publishing Co publishers of The Herald Journal a daily newspaper published in Logan City Cache County Utah and that the Legal Notice a copy of which is hereto attached was published in said newspaper for 1 issue(s) and that said notice also published on utahlegalscom on the same day(s) as publication in said newspaper

Commencing on the following days 1 [1062016

sworn to before me on this 14th day of November AD 2016

~ middot middot - lt ~~ Notary Public L ~ ommissionedintheStaUtah

My Conunission expires 10182019

LEGAL NOTICE LOGAN MUNICIPAL COUNCIL

NOTARY PUBLIC LAURIE JACKSON

My Commission 685300 My Commission Expires

October 18 2019 STATE OF UTAH

RDINANCE - The following ordinance SUMMARY OF AN O d b the Logan Municipal Council was adopted and approve 1 ~016 Logan Utah on November middot

a rezone al 342 acres ORD 16-34 An ord1na~c a~P~f~~6o East from Commercial North of 14~0 NoRrth ~dn tmiddotaals(MR-9)middot TIN 05-011 -0006 (COM) to Mixed es en

diately upon publication Full This ordinance 1s effective ~1~eviewed at the office of the text of the ordinance ~n Hall 290 North 1 oo West Logan Logan City Recorder 1 Y Utah during regular business hours

Teresa Harris City Recorder Publication Date November 6 2016

I I

Pet shop for small animals bird fish p

Plumbing Shop p

Provisioning and recreational sporting goods sales p

Radio Station p

Railroad or bus passenger station p

Repairofappliances TV Radio p

Restaurant Fast Food p

Restaurant General p

Shoe boot or olher leather goods sale and repair p

Studio healthamp fitness p

Studio photographer artist music dance and drama p

Tavern p

Tennis Swim or other recreation club p

Theaters p

Vehicle Parts Sales p

Gasoline Service S1a1ion p

Gasoline Storage Uniform fire Code 7902 p

Enclosed WreckmgiSalvage Yard C

All dL dU MR9Z bull omiddot t middot t

[ XsN I) l SI VIR-9

Center

or

Home where care or treatment IS NOT provided on site

Residential occupancy of a unit by a or no more than three (3) unrelated

individuals

Family Day Care Preschool ( 1-8 Clients)

Family Group Day Care Preschool (9-16 clients

Neighborhood Parks and Open Areas

CommunityRegional Parks

Religious Institutions

Libraries Museums Community Centers

Cemetery Mausoleum

Proiect 16-041 MR-9 Rezone

C

p

p

C

p

C

p

C

C

4

i I

I

Staff Report for the Oct 13 2016 Planning Commission Meeting

Wireless Telecommunication Facilities

water well reservoir tank

Residential igtmrgtrbullrnc for Drug amp Alcohol Treatment

Alternative or Post Incarceration Facilities

C

State Law Supersedes

C

C

C

C

p

C

C

C

2 Use may be aflowed where state or federal law preempts local zoning

Neighborhood Compatibility area is sandwiched in between a different municipality to the north some older gas

t111~1cn buildings Utah the west family the east block misalignment 1500 North and 1400

area was bisected in the with a curvilinear street connecting blocks This particular was part of the gravel pit property to the south

(Hancey) but was never used for extraction and has remained relatively undisturbed over

L1acu on the use tables above for both zones the COM zone has substantially more impactful normiddotmrror1 land uses and building that could be more disruptive to the current neighborhood character than the fewer permitted land uses including lower density townhouses allowed in the MR-9 zone

Use Plan in 2008 identifies this area as Mixed Use Center (MUG) land use designation compact commercial and developments designed for people to live work and play all within a walk-able distance

Land Development Code (LDC) The Land Development Code sect1716040 describes the COM zone as one that has retail commercial services and hospitality businesses that serve the entire city or regional populations These developments are located on high-capacity roads and serviced by transit (LDC) sect1712070 describes the MR-9 zone as a district providing housing options for all stages of life MR-9 zones are typically located near employment centers and may provide a transition from commercial areas to single family neighborhoods

Project 16-041 MR-9 Rezone Staff Report for the Oct 13 2016 Planning Commission Meeting

5

Summary amp Recommendation logic in Plan encourages neighborhood walk-able commercial and

compact throughout city to more transportation and reduce the impacts of inefficient sprawling growth This along with the proximity of the site to USU and their student and faculty populations in of quality and stable housing options the MUC designation seemed in 2008 With newer mixed use evolving in City the last few into bigger separated commercialresidential projects oriented towards the automobile and regional populations its evident that these types of developments would negatively impacts this established neighborhood character The current COM zone allowances and development patterns are very similar to that the MUC with large commercial

and higher density multi-family housing above or behind

With the smaller existing convenience store some walk-able commercial services can with some to the and Given the MR-9 zoning description in LDC of being a transition area that provides quality housing options the MR-9 zoning designation should more compatible than current COM zone The COM zone allows bigger and higher (30 units multi-family housing could be built in an incompatible manner and negatively impact the neighborhood With COM developments for regional populations oriented for automobile traffic negative transportation impacts would be felt by area residents those reasons mentioned above staff is recommending approval of rezone request

PUBLIC COMMENTS the time the no written comments

AGENCY AND CITY DEPARTMENT COMMENTS No comments

RECOMMENDED FINDINGS FOR APPROVAL Planning Commission decisions on following

been received

1 The proposed re-zone is consistent with the current neighborhood character 2 proposed rezone will have of a negative transportation impact than that of the

current designation COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure

neighborhood compatibility with the current of area 4 The and infrastructure services in property are sufficient in and capacity

to handle all allowed uses in the MR-9 zoning district 5 with proper preparation is to handle developments with MR-

9 zoning

Project 16-041 MR-9 Rezone

6

practices and availabje inomiatlon The report is to be used to review and Planning commission

additional information

Staff Report for Oct 13 2016 Planrung Comrnision Meeting

~

LGAN CJTY U N I T E D I N 5 E R V I C

PLANNING COMMISSION MINUTES Meeti of October 13 2016

Minutes of the meeting for the Logan City Planning Commission convened in regular session on October 13 2016 Vice-Chairman Price the meeting to order at 530 pm

Butterfield Dave Newman Tony Nielson Eduardo Ortiz Russ

Davis

Russ Holley Amber Pollan Kymber Housley Zilles

Humphreys

Minutes as written and recorded from the September 2016 meeting were reviewed Commissioner Sinclair moved that the minutes be approved as submitted Commissioner Nielson

the motion The motion was unanimously approved

PUBLIC HEARING

Change] Logan LLC authorized agenUowner a rezone of 342 acres north of 1400 North and

to Mixed Residential (MR-9) N 05-011-0006 of 1200 East from Commercial (COM)

Mr Holley reviewed the request is to rezone a acre parcel from Commercial (COM) to Mixed Residential Transitional (MR-9) with the intent of developing lower (9 units per

residential townhomes developer COM for the area the proximity to neighborhoods eas1wa

shopping centers a few blocks west

area is a 342 acre The site slopes to west and several stands of native trees and vegetation exist A wetland delineation has not been completed at this time The site is encircled by streets including 1400 North 1200 a small residential access road to the north that is located in North Logan City The Logan City boundary runs along the northern nrllrIOlfJ line

The developer has indicated a desire to develop lower density townhomes in this area which is allowed in the MR-9 zone

The logic in the General Plan encourages neighborhood walkable commercial services and compact residential to give residents more transportation options and reduce the impacts of inefficient sprawling growth With the proximity of the site to USU and their student and faculty populations in need of quality and stable housing options the MUC designation seemed logical in 2008 With newer mixed use developments evolving in the last few years into bigger and separated commercialresidential projects oriented towards the automobile and regional populations it is evident that these types of developments would negatively impact this established neighborhood

Planning Commission Meeting Minutes for October 13 2016 1 I Page

character The current COM zone allowances and development patterns are very similar to that of the MUC with large commercial buildings and higher density multi-family housing above or behind

With a smaller existing convenience store walkable commercial services can exist with some pedestrian improvements to the streetscape and intersections Given the MR-9 zoning description in the LDC of being a transition area that provides quality housing options the MR-9 zoning designation should be more compatible than the current COM zone The COM zone allows bigger structures and higher density (30 units per acre) multi-family housing that could be built in an incompatible manner and negatively impact the neighborhood With COM developments designed for regional populations and oriented for regional automobile traffic negative transportation impacts would be felt by area residents Staff is recommending approval of the rezone request

PUBLIC James Huppi advised that the agreement with Cache-Highline will need to be modified He is concerned about the setback on 1500 North and how high buildings could be Chairman Price explained that those issues would be handed at the developmentdesign stage

Steve Dewey lives along 1500 North on the North Logan side and expressed concern with safety on 1500 North There are currently four homes on that the dead-end lane He asked if there would be a cost to North Logan if the street were developed Mr Holley said he does not anticipate any proposed access to the north which would require crossing a jurisdictional boundary Mr Dewey said 1500 North used to be a through-street but was closed after a petition from the residents and he would not like to see it opened back up

COMMISSION Commissioner Sinclair asked if North Logan residents were noticed Mr Holley confirmed that property owners within 300 of the project were sent notices

Commissioner Newman asked about the standing water and whether wetland delineation will be required Mr Holley said that it will be required before any development and depending on the results there may be some mitigation necessary

Mr Holley clarified for Chairman Price that this change would allow a developer to put up to 30 townhomes at this location Chairman Price questioned access Mr Holley said that would be addressed when a development is proposed Chairman Price asked if there was a proposal pending Mr Holley said the City anticipates there will be however there is nothing official at this point

Chairman Price expressed concern about changing the Mixed Use designation indicated on the Future Land Use Plan (FLUP) to Mixed Residential This is an area where having mixed use would be appropriate and helpful It seems as if we are losing the intent of the mixed use buffer Mr DeSimone the Community Development Director said that the neighborhood in this case did not want mixed use or commercial in this location The fundamental question is whether the City envisions that this area would need to change to a commercial use given the nature of the road system and the current commercial centers there does not seem to be a supporting reason to keep it commercial This is a difficult quandary about what makes sense now versus what might be needed in the future

Commissioner Butterfield said it is important to find areas for mixed use and higher-density housing that is healthy for the surrounding neighborhood

Commissioner Newman said he thinks townhomes might be a good idea as residents in the area begin to downsize and want to stay in the area

Commissioner Ortiz explained that it is good to envision what will happen in 15-20 years This is a small area and may not be right for mixed use however there are areas which would be good for mixed use development Chairman Price agreed and said the tendency is to plan for long-term but

Planning Commission Meeting Minutes for October 13 2016 21 Page

make decisions based on what is in front of us which may be correct in most cases however there is a need to find ways to incentive projects with more of a mixed use flavor

Commissioner Nielson said he is a proponent of mixed use and would like to see more small-scale commercial throughout the City He also noted that that there is a difference in townhomes for a retired community versus townhomes located near the University which may serve a different population

MOTION Commissioner Newman moved to recommend approval to the Municipal Council for a zone change of 342 acres north of 1400 North and east of 1200 East from Commercial (COM) to Mixed Residential (MR-9) as outlined in PC 16-041 with the findings for approval as listed below Commissioner Butterfield seconded the motion

FINDINGS FOR APPROVAL 1 The rezone is consistent with the current neighborhood character 2 The rezone will have less of a negative transportation impact than that of the current

designation of COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure neighborhood

compatibility with the current character of the area 4 The streets and infrastructure services in the property are sufficient in size and capacity to

handle all allowed uses in the MR-9 zoning district 5 The site with proper preparation is suitable to handle developments associated with MR-9

zoning

Moved Commissioner Newman Seconded Commissioner Butterfield Passed 5-0 Yea D Butterfield D Newman Ortiz R Price S Sinclair Nay Abstain T Nielson

Planning Commission Meeting Minutes for October 13 2016 31 Page

STATE OF UTAH COUNTY OF CACHE ss

Civil PROOF OF PUBLICATION

On this 14th day of November AD 2016 personally appeared before me JAIME MAW who being first being duly sworn deposes and says that (s)he is the Principal Legal Clerk of the Cache Valley Publishing Co publishers of The Herald Journal a daily newspaper published in Logan City Cache County Utah and that the Legal Notice a copy of which is hereto attached was published in said newspaper for 1 issue(s) and that said notice also published on utahlegalscom on the same day(s) as publication in said newspaper

Commencing on the following days 1 [1062016

sworn to before me on this 14th day of November AD 2016

~ middot middot - lt ~~ Notary Public L ~ ommissionedintheStaUtah

My Conunission expires 10182019

LEGAL NOTICE LOGAN MUNICIPAL COUNCIL

NOTARY PUBLIC LAURIE JACKSON

My Commission 685300 My Commission Expires

October 18 2019 STATE OF UTAH

RDINANCE - The following ordinance SUMMARY OF AN O d b the Logan Municipal Council was adopted and approve 1 ~016 Logan Utah on November middot

a rezone al 342 acres ORD 16-34 An ord1na~c a~P~f~~6o East from Commercial North of 14~0 NoRrth ~dn tmiddotaals(MR-9)middot TIN 05-011 -0006 (COM) to Mixed es en

diately upon publication Full This ordinance 1s effective ~1~eviewed at the office of the text of the ordinance ~n Hall 290 North 1 oo West Logan Logan City Recorder 1 Y Utah during regular business hours

Teresa Harris City Recorder Publication Date November 6 2016

Wireless Telecommunication Facilities

water well reservoir tank

Residential igtmrgtrbullrnc for Drug amp Alcohol Treatment

Alternative or Post Incarceration Facilities

C

State Law Supersedes

C

C

C

C

p

C

C

C

2 Use may be aflowed where state or federal law preempts local zoning

Neighborhood Compatibility area is sandwiched in between a different municipality to the north some older gas

t111~1cn buildings Utah the west family the east block misalignment 1500 North and 1400

area was bisected in the with a curvilinear street connecting blocks This particular was part of the gravel pit property to the south

(Hancey) but was never used for extraction and has remained relatively undisturbed over

L1acu on the use tables above for both zones the COM zone has substantially more impactful normiddotmrror1 land uses and building that could be more disruptive to the current neighborhood character than the fewer permitted land uses including lower density townhouses allowed in the MR-9 zone

Use Plan in 2008 identifies this area as Mixed Use Center (MUG) land use designation compact commercial and developments designed for people to live work and play all within a walk-able distance

Land Development Code (LDC) The Land Development Code sect1716040 describes the COM zone as one that has retail commercial services and hospitality businesses that serve the entire city or regional populations These developments are located on high-capacity roads and serviced by transit (LDC) sect1712070 describes the MR-9 zone as a district providing housing options for all stages of life MR-9 zones are typically located near employment centers and may provide a transition from commercial areas to single family neighborhoods

Project 16-041 MR-9 Rezone Staff Report for the Oct 13 2016 Planning Commission Meeting

5

Summary amp Recommendation logic in Plan encourages neighborhood walk-able commercial and

compact throughout city to more transportation and reduce the impacts of inefficient sprawling growth This along with the proximity of the site to USU and their student and faculty populations in of quality and stable housing options the MUC designation seemed in 2008 With newer mixed use evolving in City the last few into bigger separated commercialresidential projects oriented towards the automobile and regional populations its evident that these types of developments would negatively impacts this established neighborhood character The current COM zone allowances and development patterns are very similar to that the MUC with large commercial

and higher density multi-family housing above or behind

With the smaller existing convenience store some walk-able commercial services can with some to the and Given the MR-9 zoning description in LDC of being a transition area that provides quality housing options the MR-9 zoning designation should more compatible than current COM zone The COM zone allows bigger and higher (30 units multi-family housing could be built in an incompatible manner and negatively impact the neighborhood With COM developments for regional populations oriented for automobile traffic negative transportation impacts would be felt by area residents those reasons mentioned above staff is recommending approval of rezone request

PUBLIC COMMENTS the time the no written comments

AGENCY AND CITY DEPARTMENT COMMENTS No comments

RECOMMENDED FINDINGS FOR APPROVAL Planning Commission decisions on following

been received

1 The proposed re-zone is consistent with the current neighborhood character 2 proposed rezone will have of a negative transportation impact than that of the

current designation COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure

neighborhood compatibility with the current of area 4 The and infrastructure services in property are sufficient in and capacity

to handle all allowed uses in the MR-9 zoning district 5 with proper preparation is to handle developments with MR-

9 zoning

Project 16-041 MR-9 Rezone

6

practices and availabje inomiatlon The report is to be used to review and Planning commission

additional information

Staff Report for Oct 13 2016 Planrung Comrnision Meeting

~

LGAN CJTY U N I T E D I N 5 E R V I C

PLANNING COMMISSION MINUTES Meeti of October 13 2016

Minutes of the meeting for the Logan City Planning Commission convened in regular session on October 13 2016 Vice-Chairman Price the meeting to order at 530 pm

Butterfield Dave Newman Tony Nielson Eduardo Ortiz Russ

Davis

Russ Holley Amber Pollan Kymber Housley Zilles

Humphreys

Minutes as written and recorded from the September 2016 meeting were reviewed Commissioner Sinclair moved that the minutes be approved as submitted Commissioner Nielson

the motion The motion was unanimously approved

PUBLIC HEARING

Change] Logan LLC authorized agenUowner a rezone of 342 acres north of 1400 North and

to Mixed Residential (MR-9) N 05-011-0006 of 1200 East from Commercial (COM)

Mr Holley reviewed the request is to rezone a acre parcel from Commercial (COM) to Mixed Residential Transitional (MR-9) with the intent of developing lower (9 units per

residential townhomes developer COM for the area the proximity to neighborhoods eas1wa

shopping centers a few blocks west

area is a 342 acre The site slopes to west and several stands of native trees and vegetation exist A wetland delineation has not been completed at this time The site is encircled by streets including 1400 North 1200 a small residential access road to the north that is located in North Logan City The Logan City boundary runs along the northern nrllrIOlfJ line

The developer has indicated a desire to develop lower density townhomes in this area which is allowed in the MR-9 zone

The logic in the General Plan encourages neighborhood walkable commercial services and compact residential to give residents more transportation options and reduce the impacts of inefficient sprawling growth With the proximity of the site to USU and their student and faculty populations in need of quality and stable housing options the MUC designation seemed logical in 2008 With newer mixed use developments evolving in the last few years into bigger and separated commercialresidential projects oriented towards the automobile and regional populations it is evident that these types of developments would negatively impact this established neighborhood

Planning Commission Meeting Minutes for October 13 2016 1 I Page

character The current COM zone allowances and development patterns are very similar to that of the MUC with large commercial buildings and higher density multi-family housing above or behind

With a smaller existing convenience store walkable commercial services can exist with some pedestrian improvements to the streetscape and intersections Given the MR-9 zoning description in the LDC of being a transition area that provides quality housing options the MR-9 zoning designation should be more compatible than the current COM zone The COM zone allows bigger structures and higher density (30 units per acre) multi-family housing that could be built in an incompatible manner and negatively impact the neighborhood With COM developments designed for regional populations and oriented for regional automobile traffic negative transportation impacts would be felt by area residents Staff is recommending approval of the rezone request

PUBLIC James Huppi advised that the agreement with Cache-Highline will need to be modified He is concerned about the setback on 1500 North and how high buildings could be Chairman Price explained that those issues would be handed at the developmentdesign stage

Steve Dewey lives along 1500 North on the North Logan side and expressed concern with safety on 1500 North There are currently four homes on that the dead-end lane He asked if there would be a cost to North Logan if the street were developed Mr Holley said he does not anticipate any proposed access to the north which would require crossing a jurisdictional boundary Mr Dewey said 1500 North used to be a through-street but was closed after a petition from the residents and he would not like to see it opened back up

COMMISSION Commissioner Sinclair asked if North Logan residents were noticed Mr Holley confirmed that property owners within 300 of the project were sent notices

Commissioner Newman asked about the standing water and whether wetland delineation will be required Mr Holley said that it will be required before any development and depending on the results there may be some mitigation necessary

Mr Holley clarified for Chairman Price that this change would allow a developer to put up to 30 townhomes at this location Chairman Price questioned access Mr Holley said that would be addressed when a development is proposed Chairman Price asked if there was a proposal pending Mr Holley said the City anticipates there will be however there is nothing official at this point

Chairman Price expressed concern about changing the Mixed Use designation indicated on the Future Land Use Plan (FLUP) to Mixed Residential This is an area where having mixed use would be appropriate and helpful It seems as if we are losing the intent of the mixed use buffer Mr DeSimone the Community Development Director said that the neighborhood in this case did not want mixed use or commercial in this location The fundamental question is whether the City envisions that this area would need to change to a commercial use given the nature of the road system and the current commercial centers there does not seem to be a supporting reason to keep it commercial This is a difficult quandary about what makes sense now versus what might be needed in the future

Commissioner Butterfield said it is important to find areas for mixed use and higher-density housing that is healthy for the surrounding neighborhood

Commissioner Newman said he thinks townhomes might be a good idea as residents in the area begin to downsize and want to stay in the area

Commissioner Ortiz explained that it is good to envision what will happen in 15-20 years This is a small area and may not be right for mixed use however there are areas which would be good for mixed use development Chairman Price agreed and said the tendency is to plan for long-term but

Planning Commission Meeting Minutes for October 13 2016 21 Page

make decisions based on what is in front of us which may be correct in most cases however there is a need to find ways to incentive projects with more of a mixed use flavor

Commissioner Nielson said he is a proponent of mixed use and would like to see more small-scale commercial throughout the City He also noted that that there is a difference in townhomes for a retired community versus townhomes located near the University which may serve a different population

MOTION Commissioner Newman moved to recommend approval to the Municipal Council for a zone change of 342 acres north of 1400 North and east of 1200 East from Commercial (COM) to Mixed Residential (MR-9) as outlined in PC 16-041 with the findings for approval as listed below Commissioner Butterfield seconded the motion

FINDINGS FOR APPROVAL 1 The rezone is consistent with the current neighborhood character 2 The rezone will have less of a negative transportation impact than that of the current

designation of COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure neighborhood

compatibility with the current character of the area 4 The streets and infrastructure services in the property are sufficient in size and capacity to

handle all allowed uses in the MR-9 zoning district 5 The site with proper preparation is suitable to handle developments associated with MR-9

zoning

Moved Commissioner Newman Seconded Commissioner Butterfield Passed 5-0 Yea D Butterfield D Newman Ortiz R Price S Sinclair Nay Abstain T Nielson

Planning Commission Meeting Minutes for October 13 2016 31 Page

STATE OF UTAH COUNTY OF CACHE ss

Civil PROOF OF PUBLICATION

On this 14th day of November AD 2016 personally appeared before me JAIME MAW who being first being duly sworn deposes and says that (s)he is the Principal Legal Clerk of the Cache Valley Publishing Co publishers of The Herald Journal a daily newspaper published in Logan City Cache County Utah and that the Legal Notice a copy of which is hereto attached was published in said newspaper for 1 issue(s) and that said notice also published on utahlegalscom on the same day(s) as publication in said newspaper

Commencing on the following days 1 [1062016

sworn to before me on this 14th day of November AD 2016

~ middot middot - lt ~~ Notary Public L ~ ommissionedintheStaUtah

My Conunission expires 10182019

LEGAL NOTICE LOGAN MUNICIPAL COUNCIL

NOTARY PUBLIC LAURIE JACKSON

My Commission 685300 My Commission Expires

October 18 2019 STATE OF UTAH

RDINANCE - The following ordinance SUMMARY OF AN O d b the Logan Municipal Council was adopted and approve 1 ~016 Logan Utah on November middot

a rezone al 342 acres ORD 16-34 An ord1na~c a~P~f~~6o East from Commercial North of 14~0 NoRrth ~dn tmiddotaals(MR-9)middot TIN 05-011 -0006 (COM) to Mixed es en

diately upon publication Full This ordinance 1s effective ~1~eviewed at the office of the text of the ordinance ~n Hall 290 North 1 oo West Logan Logan City Recorder 1 Y Utah during regular business hours

Teresa Harris City Recorder Publication Date November 6 2016

Summary amp Recommendation logic in Plan encourages neighborhood walk-able commercial and

compact throughout city to more transportation and reduce the impacts of inefficient sprawling growth This along with the proximity of the site to USU and their student and faculty populations in of quality and stable housing options the MUC designation seemed in 2008 With newer mixed use evolving in City the last few into bigger separated commercialresidential projects oriented towards the automobile and regional populations its evident that these types of developments would negatively impacts this established neighborhood character The current COM zone allowances and development patterns are very similar to that the MUC with large commercial

and higher density multi-family housing above or behind

With the smaller existing convenience store some walk-able commercial services can with some to the and Given the MR-9 zoning description in LDC of being a transition area that provides quality housing options the MR-9 zoning designation should more compatible than current COM zone The COM zone allows bigger and higher (30 units multi-family housing could be built in an incompatible manner and negatively impact the neighborhood With COM developments for regional populations oriented for automobile traffic negative transportation impacts would be felt by area residents those reasons mentioned above staff is recommending approval of rezone request

PUBLIC COMMENTS the time the no written comments

AGENCY AND CITY DEPARTMENT COMMENTS No comments

RECOMMENDED FINDINGS FOR APPROVAL Planning Commission decisions on following

been received

1 The proposed re-zone is consistent with the current neighborhood character 2 proposed rezone will have of a negative transportation impact than that of the

current designation COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure

neighborhood compatibility with the current of area 4 The and infrastructure services in property are sufficient in and capacity

to handle all allowed uses in the MR-9 zoning district 5 with proper preparation is to handle developments with MR-

9 zoning

Project 16-041 MR-9 Rezone

6

practices and availabje inomiatlon The report is to be used to review and Planning commission

additional information

Staff Report for Oct 13 2016 Planrung Comrnision Meeting

~

LGAN CJTY U N I T E D I N 5 E R V I C

PLANNING COMMISSION MINUTES Meeti of October 13 2016

Minutes of the meeting for the Logan City Planning Commission convened in regular session on October 13 2016 Vice-Chairman Price the meeting to order at 530 pm

Butterfield Dave Newman Tony Nielson Eduardo Ortiz Russ

Davis

Russ Holley Amber Pollan Kymber Housley Zilles

Humphreys

Minutes as written and recorded from the September 2016 meeting were reviewed Commissioner Sinclair moved that the minutes be approved as submitted Commissioner Nielson

the motion The motion was unanimously approved

PUBLIC HEARING

Change] Logan LLC authorized agenUowner a rezone of 342 acres north of 1400 North and

to Mixed Residential (MR-9) N 05-011-0006 of 1200 East from Commercial (COM)

Mr Holley reviewed the request is to rezone a acre parcel from Commercial (COM) to Mixed Residential Transitional (MR-9) with the intent of developing lower (9 units per

residential townhomes developer COM for the area the proximity to neighborhoods eas1wa

shopping centers a few blocks west

area is a 342 acre The site slopes to west and several stands of native trees and vegetation exist A wetland delineation has not been completed at this time The site is encircled by streets including 1400 North 1200 a small residential access road to the north that is located in North Logan City The Logan City boundary runs along the northern nrllrIOlfJ line

The developer has indicated a desire to develop lower density townhomes in this area which is allowed in the MR-9 zone

The logic in the General Plan encourages neighborhood walkable commercial services and compact residential to give residents more transportation options and reduce the impacts of inefficient sprawling growth With the proximity of the site to USU and their student and faculty populations in need of quality and stable housing options the MUC designation seemed logical in 2008 With newer mixed use developments evolving in the last few years into bigger and separated commercialresidential projects oriented towards the automobile and regional populations it is evident that these types of developments would negatively impact this established neighborhood

Planning Commission Meeting Minutes for October 13 2016 1 I Page

character The current COM zone allowances and development patterns are very similar to that of the MUC with large commercial buildings and higher density multi-family housing above or behind

With a smaller existing convenience store walkable commercial services can exist with some pedestrian improvements to the streetscape and intersections Given the MR-9 zoning description in the LDC of being a transition area that provides quality housing options the MR-9 zoning designation should be more compatible than the current COM zone The COM zone allows bigger structures and higher density (30 units per acre) multi-family housing that could be built in an incompatible manner and negatively impact the neighborhood With COM developments designed for regional populations and oriented for regional automobile traffic negative transportation impacts would be felt by area residents Staff is recommending approval of the rezone request

PUBLIC James Huppi advised that the agreement with Cache-Highline will need to be modified He is concerned about the setback on 1500 North and how high buildings could be Chairman Price explained that those issues would be handed at the developmentdesign stage

Steve Dewey lives along 1500 North on the North Logan side and expressed concern with safety on 1500 North There are currently four homes on that the dead-end lane He asked if there would be a cost to North Logan if the street were developed Mr Holley said he does not anticipate any proposed access to the north which would require crossing a jurisdictional boundary Mr Dewey said 1500 North used to be a through-street but was closed after a petition from the residents and he would not like to see it opened back up

COMMISSION Commissioner Sinclair asked if North Logan residents were noticed Mr Holley confirmed that property owners within 300 of the project were sent notices

Commissioner Newman asked about the standing water and whether wetland delineation will be required Mr Holley said that it will be required before any development and depending on the results there may be some mitigation necessary

Mr Holley clarified for Chairman Price that this change would allow a developer to put up to 30 townhomes at this location Chairman Price questioned access Mr Holley said that would be addressed when a development is proposed Chairman Price asked if there was a proposal pending Mr Holley said the City anticipates there will be however there is nothing official at this point

Chairman Price expressed concern about changing the Mixed Use designation indicated on the Future Land Use Plan (FLUP) to Mixed Residential This is an area where having mixed use would be appropriate and helpful It seems as if we are losing the intent of the mixed use buffer Mr DeSimone the Community Development Director said that the neighborhood in this case did not want mixed use or commercial in this location The fundamental question is whether the City envisions that this area would need to change to a commercial use given the nature of the road system and the current commercial centers there does not seem to be a supporting reason to keep it commercial This is a difficult quandary about what makes sense now versus what might be needed in the future

Commissioner Butterfield said it is important to find areas for mixed use and higher-density housing that is healthy for the surrounding neighborhood

Commissioner Newman said he thinks townhomes might be a good idea as residents in the area begin to downsize and want to stay in the area

Commissioner Ortiz explained that it is good to envision what will happen in 15-20 years This is a small area and may not be right for mixed use however there are areas which would be good for mixed use development Chairman Price agreed and said the tendency is to plan for long-term but

Planning Commission Meeting Minutes for October 13 2016 21 Page

make decisions based on what is in front of us which may be correct in most cases however there is a need to find ways to incentive projects with more of a mixed use flavor

Commissioner Nielson said he is a proponent of mixed use and would like to see more small-scale commercial throughout the City He also noted that that there is a difference in townhomes for a retired community versus townhomes located near the University which may serve a different population

MOTION Commissioner Newman moved to recommend approval to the Municipal Council for a zone change of 342 acres north of 1400 North and east of 1200 East from Commercial (COM) to Mixed Residential (MR-9) as outlined in PC 16-041 with the findings for approval as listed below Commissioner Butterfield seconded the motion

FINDINGS FOR APPROVAL 1 The rezone is consistent with the current neighborhood character 2 The rezone will have less of a negative transportation impact than that of the current

designation of COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure neighborhood

compatibility with the current character of the area 4 The streets and infrastructure services in the property are sufficient in size and capacity to

handle all allowed uses in the MR-9 zoning district 5 The site with proper preparation is suitable to handle developments associated with MR-9

zoning

Moved Commissioner Newman Seconded Commissioner Butterfield Passed 5-0 Yea D Butterfield D Newman Ortiz R Price S Sinclair Nay Abstain T Nielson

Planning Commission Meeting Minutes for October 13 2016 31 Page

STATE OF UTAH COUNTY OF CACHE ss

Civil PROOF OF PUBLICATION

On this 14th day of November AD 2016 personally appeared before me JAIME MAW who being first being duly sworn deposes and says that (s)he is the Principal Legal Clerk of the Cache Valley Publishing Co publishers of The Herald Journal a daily newspaper published in Logan City Cache County Utah and that the Legal Notice a copy of which is hereto attached was published in said newspaper for 1 issue(s) and that said notice also published on utahlegalscom on the same day(s) as publication in said newspaper

Commencing on the following days 1 [1062016

sworn to before me on this 14th day of November AD 2016

~ middot middot - lt ~~ Notary Public L ~ ommissionedintheStaUtah

My Conunission expires 10182019

LEGAL NOTICE LOGAN MUNICIPAL COUNCIL

NOTARY PUBLIC LAURIE JACKSON

My Commission 685300 My Commission Expires

October 18 2019 STATE OF UTAH

RDINANCE - The following ordinance SUMMARY OF AN O d b the Logan Municipal Council was adopted and approve 1 ~016 Logan Utah on November middot

a rezone al 342 acres ORD 16-34 An ord1na~c a~P~f~~6o East from Commercial North of 14~0 NoRrth ~dn tmiddotaals(MR-9)middot TIN 05-011 -0006 (COM) to Mixed es en

diately upon publication Full This ordinance 1s effective ~1~eviewed at the office of the text of the ordinance ~n Hall 290 North 1 oo West Logan Logan City Recorder 1 Y Utah during regular business hours

Teresa Harris City Recorder Publication Date November 6 2016

~

LGAN CJTY U N I T E D I N 5 E R V I C

PLANNING COMMISSION MINUTES Meeti of October 13 2016

Minutes of the meeting for the Logan City Planning Commission convened in regular session on October 13 2016 Vice-Chairman Price the meeting to order at 530 pm

Butterfield Dave Newman Tony Nielson Eduardo Ortiz Russ

Davis

Russ Holley Amber Pollan Kymber Housley Zilles

Humphreys

Minutes as written and recorded from the September 2016 meeting were reviewed Commissioner Sinclair moved that the minutes be approved as submitted Commissioner Nielson

the motion The motion was unanimously approved

PUBLIC HEARING

Change] Logan LLC authorized agenUowner a rezone of 342 acres north of 1400 North and

to Mixed Residential (MR-9) N 05-011-0006 of 1200 East from Commercial (COM)

Mr Holley reviewed the request is to rezone a acre parcel from Commercial (COM) to Mixed Residential Transitional (MR-9) with the intent of developing lower (9 units per

residential townhomes developer COM for the area the proximity to neighborhoods eas1wa

shopping centers a few blocks west

area is a 342 acre The site slopes to west and several stands of native trees and vegetation exist A wetland delineation has not been completed at this time The site is encircled by streets including 1400 North 1200 a small residential access road to the north that is located in North Logan City The Logan City boundary runs along the northern nrllrIOlfJ line

The developer has indicated a desire to develop lower density townhomes in this area which is allowed in the MR-9 zone

The logic in the General Plan encourages neighborhood walkable commercial services and compact residential to give residents more transportation options and reduce the impacts of inefficient sprawling growth With the proximity of the site to USU and their student and faculty populations in need of quality and stable housing options the MUC designation seemed logical in 2008 With newer mixed use developments evolving in the last few years into bigger and separated commercialresidential projects oriented towards the automobile and regional populations it is evident that these types of developments would negatively impact this established neighborhood

Planning Commission Meeting Minutes for October 13 2016 1 I Page

character The current COM zone allowances and development patterns are very similar to that of the MUC with large commercial buildings and higher density multi-family housing above or behind

With a smaller existing convenience store walkable commercial services can exist with some pedestrian improvements to the streetscape and intersections Given the MR-9 zoning description in the LDC of being a transition area that provides quality housing options the MR-9 zoning designation should be more compatible than the current COM zone The COM zone allows bigger structures and higher density (30 units per acre) multi-family housing that could be built in an incompatible manner and negatively impact the neighborhood With COM developments designed for regional populations and oriented for regional automobile traffic negative transportation impacts would be felt by area residents Staff is recommending approval of the rezone request

PUBLIC James Huppi advised that the agreement with Cache-Highline will need to be modified He is concerned about the setback on 1500 North and how high buildings could be Chairman Price explained that those issues would be handed at the developmentdesign stage

Steve Dewey lives along 1500 North on the North Logan side and expressed concern with safety on 1500 North There are currently four homes on that the dead-end lane He asked if there would be a cost to North Logan if the street were developed Mr Holley said he does not anticipate any proposed access to the north which would require crossing a jurisdictional boundary Mr Dewey said 1500 North used to be a through-street but was closed after a petition from the residents and he would not like to see it opened back up

COMMISSION Commissioner Sinclair asked if North Logan residents were noticed Mr Holley confirmed that property owners within 300 of the project were sent notices

Commissioner Newman asked about the standing water and whether wetland delineation will be required Mr Holley said that it will be required before any development and depending on the results there may be some mitigation necessary

Mr Holley clarified for Chairman Price that this change would allow a developer to put up to 30 townhomes at this location Chairman Price questioned access Mr Holley said that would be addressed when a development is proposed Chairman Price asked if there was a proposal pending Mr Holley said the City anticipates there will be however there is nothing official at this point

Chairman Price expressed concern about changing the Mixed Use designation indicated on the Future Land Use Plan (FLUP) to Mixed Residential This is an area where having mixed use would be appropriate and helpful It seems as if we are losing the intent of the mixed use buffer Mr DeSimone the Community Development Director said that the neighborhood in this case did not want mixed use or commercial in this location The fundamental question is whether the City envisions that this area would need to change to a commercial use given the nature of the road system and the current commercial centers there does not seem to be a supporting reason to keep it commercial This is a difficult quandary about what makes sense now versus what might be needed in the future

Commissioner Butterfield said it is important to find areas for mixed use and higher-density housing that is healthy for the surrounding neighborhood

Commissioner Newman said he thinks townhomes might be a good idea as residents in the area begin to downsize and want to stay in the area

Commissioner Ortiz explained that it is good to envision what will happen in 15-20 years This is a small area and may not be right for mixed use however there are areas which would be good for mixed use development Chairman Price agreed and said the tendency is to plan for long-term but

Planning Commission Meeting Minutes for October 13 2016 21 Page

make decisions based on what is in front of us which may be correct in most cases however there is a need to find ways to incentive projects with more of a mixed use flavor

Commissioner Nielson said he is a proponent of mixed use and would like to see more small-scale commercial throughout the City He also noted that that there is a difference in townhomes for a retired community versus townhomes located near the University which may serve a different population

MOTION Commissioner Newman moved to recommend approval to the Municipal Council for a zone change of 342 acres north of 1400 North and east of 1200 East from Commercial (COM) to Mixed Residential (MR-9) as outlined in PC 16-041 with the findings for approval as listed below Commissioner Butterfield seconded the motion

FINDINGS FOR APPROVAL 1 The rezone is consistent with the current neighborhood character 2 The rezone will have less of a negative transportation impact than that of the current

designation of COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure neighborhood

compatibility with the current character of the area 4 The streets and infrastructure services in the property are sufficient in size and capacity to

handle all allowed uses in the MR-9 zoning district 5 The site with proper preparation is suitable to handle developments associated with MR-9

zoning

Moved Commissioner Newman Seconded Commissioner Butterfield Passed 5-0 Yea D Butterfield D Newman Ortiz R Price S Sinclair Nay Abstain T Nielson

Planning Commission Meeting Minutes for October 13 2016 31 Page

STATE OF UTAH COUNTY OF CACHE ss

Civil PROOF OF PUBLICATION

On this 14th day of November AD 2016 personally appeared before me JAIME MAW who being first being duly sworn deposes and says that (s)he is the Principal Legal Clerk of the Cache Valley Publishing Co publishers of The Herald Journal a daily newspaper published in Logan City Cache County Utah and that the Legal Notice a copy of which is hereto attached was published in said newspaper for 1 issue(s) and that said notice also published on utahlegalscom on the same day(s) as publication in said newspaper

Commencing on the following days 1 [1062016

sworn to before me on this 14th day of November AD 2016

~ middot middot - lt ~~ Notary Public L ~ ommissionedintheStaUtah

My Conunission expires 10182019

LEGAL NOTICE LOGAN MUNICIPAL COUNCIL

NOTARY PUBLIC LAURIE JACKSON

My Commission 685300 My Commission Expires

October 18 2019 STATE OF UTAH

RDINANCE - The following ordinance SUMMARY OF AN O d b the Logan Municipal Council was adopted and approve 1 ~016 Logan Utah on November middot

a rezone al 342 acres ORD 16-34 An ord1na~c a~P~f~~6o East from Commercial North of 14~0 NoRrth ~dn tmiddotaals(MR-9)middot TIN 05-011 -0006 (COM) to Mixed es en

diately upon publication Full This ordinance 1s effective ~1~eviewed at the office of the text of the ordinance ~n Hall 290 North 1 oo West Logan Logan City Recorder 1 Y Utah during regular business hours

Teresa Harris City Recorder Publication Date November 6 2016

character The current COM zone allowances and development patterns are very similar to that of the MUC with large commercial buildings and higher density multi-family housing above or behind

With a smaller existing convenience store walkable commercial services can exist with some pedestrian improvements to the streetscape and intersections Given the MR-9 zoning description in the LDC of being a transition area that provides quality housing options the MR-9 zoning designation should be more compatible than the current COM zone The COM zone allows bigger structures and higher density (30 units per acre) multi-family housing that could be built in an incompatible manner and negatively impact the neighborhood With COM developments designed for regional populations and oriented for regional automobile traffic negative transportation impacts would be felt by area residents Staff is recommending approval of the rezone request

PUBLIC James Huppi advised that the agreement with Cache-Highline will need to be modified He is concerned about the setback on 1500 North and how high buildings could be Chairman Price explained that those issues would be handed at the developmentdesign stage

Steve Dewey lives along 1500 North on the North Logan side and expressed concern with safety on 1500 North There are currently four homes on that the dead-end lane He asked if there would be a cost to North Logan if the street were developed Mr Holley said he does not anticipate any proposed access to the north which would require crossing a jurisdictional boundary Mr Dewey said 1500 North used to be a through-street but was closed after a petition from the residents and he would not like to see it opened back up

COMMISSION Commissioner Sinclair asked if North Logan residents were noticed Mr Holley confirmed that property owners within 300 of the project were sent notices

Commissioner Newman asked about the standing water and whether wetland delineation will be required Mr Holley said that it will be required before any development and depending on the results there may be some mitigation necessary

Mr Holley clarified for Chairman Price that this change would allow a developer to put up to 30 townhomes at this location Chairman Price questioned access Mr Holley said that would be addressed when a development is proposed Chairman Price asked if there was a proposal pending Mr Holley said the City anticipates there will be however there is nothing official at this point

Chairman Price expressed concern about changing the Mixed Use designation indicated on the Future Land Use Plan (FLUP) to Mixed Residential This is an area where having mixed use would be appropriate and helpful It seems as if we are losing the intent of the mixed use buffer Mr DeSimone the Community Development Director said that the neighborhood in this case did not want mixed use or commercial in this location The fundamental question is whether the City envisions that this area would need to change to a commercial use given the nature of the road system and the current commercial centers there does not seem to be a supporting reason to keep it commercial This is a difficult quandary about what makes sense now versus what might be needed in the future

Commissioner Butterfield said it is important to find areas for mixed use and higher-density housing that is healthy for the surrounding neighborhood

Commissioner Newman said he thinks townhomes might be a good idea as residents in the area begin to downsize and want to stay in the area

Commissioner Ortiz explained that it is good to envision what will happen in 15-20 years This is a small area and may not be right for mixed use however there are areas which would be good for mixed use development Chairman Price agreed and said the tendency is to plan for long-term but

Planning Commission Meeting Minutes for October 13 2016 21 Page

make decisions based on what is in front of us which may be correct in most cases however there is a need to find ways to incentive projects with more of a mixed use flavor

Commissioner Nielson said he is a proponent of mixed use and would like to see more small-scale commercial throughout the City He also noted that that there is a difference in townhomes for a retired community versus townhomes located near the University which may serve a different population

MOTION Commissioner Newman moved to recommend approval to the Municipal Council for a zone change of 342 acres north of 1400 North and east of 1200 East from Commercial (COM) to Mixed Residential (MR-9) as outlined in PC 16-041 with the findings for approval as listed below Commissioner Butterfield seconded the motion

FINDINGS FOR APPROVAL 1 The rezone is consistent with the current neighborhood character 2 The rezone will have less of a negative transportation impact than that of the current

designation of COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure neighborhood

compatibility with the current character of the area 4 The streets and infrastructure services in the property are sufficient in size and capacity to

handle all allowed uses in the MR-9 zoning district 5 The site with proper preparation is suitable to handle developments associated with MR-9

zoning

Moved Commissioner Newman Seconded Commissioner Butterfield Passed 5-0 Yea D Butterfield D Newman Ortiz R Price S Sinclair Nay Abstain T Nielson

Planning Commission Meeting Minutes for October 13 2016 31 Page

STATE OF UTAH COUNTY OF CACHE ss

Civil PROOF OF PUBLICATION

On this 14th day of November AD 2016 personally appeared before me JAIME MAW who being first being duly sworn deposes and says that (s)he is the Principal Legal Clerk of the Cache Valley Publishing Co publishers of The Herald Journal a daily newspaper published in Logan City Cache County Utah and that the Legal Notice a copy of which is hereto attached was published in said newspaper for 1 issue(s) and that said notice also published on utahlegalscom on the same day(s) as publication in said newspaper

Commencing on the following days 1 [1062016

sworn to before me on this 14th day of November AD 2016

~ middot middot - lt ~~ Notary Public L ~ ommissionedintheStaUtah

My Conunission expires 10182019

LEGAL NOTICE LOGAN MUNICIPAL COUNCIL

NOTARY PUBLIC LAURIE JACKSON

My Commission 685300 My Commission Expires

October 18 2019 STATE OF UTAH

RDINANCE - The following ordinance SUMMARY OF AN O d b the Logan Municipal Council was adopted and approve 1 ~016 Logan Utah on November middot

a rezone al 342 acres ORD 16-34 An ord1na~c a~P~f~~6o East from Commercial North of 14~0 NoRrth ~dn tmiddotaals(MR-9)middot TIN 05-011 -0006 (COM) to Mixed es en

diately upon publication Full This ordinance 1s effective ~1~eviewed at the office of the text of the ordinance ~n Hall 290 North 1 oo West Logan Logan City Recorder 1 Y Utah during regular business hours

Teresa Harris City Recorder Publication Date November 6 2016

make decisions based on what is in front of us which may be correct in most cases however there is a need to find ways to incentive projects with more of a mixed use flavor

Commissioner Nielson said he is a proponent of mixed use and would like to see more small-scale commercial throughout the City He also noted that that there is a difference in townhomes for a retired community versus townhomes located near the University which may serve a different population

MOTION Commissioner Newman moved to recommend approval to the Municipal Council for a zone change of 342 acres north of 1400 North and east of 1200 East from Commercial (COM) to Mixed Residential (MR-9) as outlined in PC 16-041 with the findings for approval as listed below Commissioner Butterfield seconded the motion

FINDINGS FOR APPROVAL 1 The rezone is consistent with the current neighborhood character 2 The rezone will have less of a negative transportation impact than that of the current

designation of COM zoning 3 The proposed MR-9 zone is limited enough in density height and bulk to ensure neighborhood

compatibility with the current character of the area 4 The streets and infrastructure services in the property are sufficient in size and capacity to

handle all allowed uses in the MR-9 zoning district 5 The site with proper preparation is suitable to handle developments associated with MR-9

zoning

Moved Commissioner Newman Seconded Commissioner Butterfield Passed 5-0 Yea D Butterfield D Newman Ortiz R Price S Sinclair Nay Abstain T Nielson

Planning Commission Meeting Minutes for October 13 2016 31 Page

STATE OF UTAH COUNTY OF CACHE ss

Civil PROOF OF PUBLICATION

On this 14th day of November AD 2016 personally appeared before me JAIME MAW who being first being duly sworn deposes and says that (s)he is the Principal Legal Clerk of the Cache Valley Publishing Co publishers of The Herald Journal a daily newspaper published in Logan City Cache County Utah and that the Legal Notice a copy of which is hereto attached was published in said newspaper for 1 issue(s) and that said notice also published on utahlegalscom on the same day(s) as publication in said newspaper

Commencing on the following days 1 [1062016

sworn to before me on this 14th day of November AD 2016

~ middot middot - lt ~~ Notary Public L ~ ommissionedintheStaUtah

My Conunission expires 10182019

LEGAL NOTICE LOGAN MUNICIPAL COUNCIL

NOTARY PUBLIC LAURIE JACKSON

My Commission 685300 My Commission Expires

October 18 2019 STATE OF UTAH

RDINANCE - The following ordinance SUMMARY OF AN O d b the Logan Municipal Council was adopted and approve 1 ~016 Logan Utah on November middot

a rezone al 342 acres ORD 16-34 An ord1na~c a~P~f~~6o East from Commercial North of 14~0 NoRrth ~dn tmiddotaals(MR-9)middot TIN 05-011 -0006 (COM) to Mixed es en

diately upon publication Full This ordinance 1s effective ~1~eviewed at the office of the text of the ordinance ~n Hall 290 North 1 oo West Logan Logan City Recorder 1 Y Utah during regular business hours

Teresa Harris City Recorder Publication Date November 6 2016

STATE OF UTAH COUNTY OF CACHE ss

Civil PROOF OF PUBLICATION

On this 14th day of November AD 2016 personally appeared before me JAIME MAW who being first being duly sworn deposes and says that (s)he is the Principal Legal Clerk of the Cache Valley Publishing Co publishers of The Herald Journal a daily newspaper published in Logan City Cache County Utah and that the Legal Notice a copy of which is hereto attached was published in said newspaper for 1 issue(s) and that said notice also published on utahlegalscom on the same day(s) as publication in said newspaper

Commencing on the following days 1 [1062016

sworn to before me on this 14th day of November AD 2016

~ middot middot - lt ~~ Notary Public L ~ ommissionedintheStaUtah

My Conunission expires 10182019

LEGAL NOTICE LOGAN MUNICIPAL COUNCIL

NOTARY PUBLIC LAURIE JACKSON

My Commission 685300 My Commission Expires

October 18 2019 STATE OF UTAH

RDINANCE - The following ordinance SUMMARY OF AN O d b the Logan Municipal Council was adopted and approve 1 ~016 Logan Utah on November middot

a rezone al 342 acres ORD 16-34 An ord1na~c a~P~f~~6o East from Commercial North of 14~0 NoRrth ~dn tmiddotaals(MR-9)middot TIN 05-011 -0006 (COM) to Mixed es en

diately upon publication Full This ordinance 1s effective ~1~eviewed at the office of the text of the ordinance ~n Hall 290 North 1 oo West Logan Logan City Recorder 1 Y Utah during regular business hours

Teresa Harris City Recorder Publication Date November 6 2016

~ LGAN

C l I y u N IT ED I N s E RV I CE

COMMUNITY DEVELOPMENT

The Logan City Planning Commission will hold a public hearing to receive input on the following

PC 16-041 MR-9 Rezone [Zone Change] Logan CityBernston LLC authorized agentowner request a rezone of 342 acres north of 1400 North and east of 1200 East from Commercial (COM) to Mixed Residential (MR-9) TIN 05-011-0006

The Municipal Council is tentatively scheduled to hold a workshop on Tuesday Oct 18 2016 and a public hearing on Tuesday Nov 1 2016 Both meetings will be held in the Logan City Municipal Council Chambers at 290 North 100 West at 530 pm

Contact the Department of Community Development at 716-9021 or wwwloganutahorg for more information