administrative hearing staff report epic brewing center ... · transportation review—barry walsh...

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PLNSUB2013-00846 Epic Brewing Minor Subdivision 1 Published Date: December 1, 2013 ADMINISTRATIVE HEARING STAFF REPORT Planning and Zoning Division Department of Community Development Epic Brewing Center Subdivision Minor Subdivision Preliminary Plat PLNSUB2013-00846 825 S. State St., 834 and 836 S. Edison St. Hearing date: December 12, 2013 Applicant: Peter Erickson Staff: John Anderson (801) 535-7214 [email protected] Tax ID: 16-07-152-008; 16-07-152-019; 16- 07-152-020 Zone : D- 2 Downtown Support District; SR-3 Special Development Pattern Residential Master Plan: Downtown Support and Medium Density Mixed Use; Central Community Future Land Use Map Council District: District 4, Luke Garrott Community Council: Central City Current Lot Size: 0.74 Acres Current Use: Brewery and Single-Family Residential Applicable Land Use Regulations : 20.31 Subdivision Amendments 21A.24.100 Special Development Pattern Residential 21A.30.030 D-2 Downtown Support District Attachments: A. Preliminary Subdivision Plat B. Department/Division Comments C. Site Photographs Request Peter Erickson, representing Epic Brewing, is requesting to modify the property lines for three parcels of property located at 825 S. State St., 834 S. Edison St. and 836 S. Edison St. As proposed the subdivision would increase the size of the State Street parcel allowing Epic Brewing to expand their operations and decrease the size of the Edison Street parcels. The state street parcel is located in the D-2 Downtown Support District and the single family dwellings are located in the SR-3 Special Development Pattern Residential District. Staff Recommendation Staff recommends that the Administrative Hearing Officer grant preliminary approval of the Epic Brewing Minor Subdivision as proposed, according to the findings and analysis in this staff report and the following conditions of approval: 1. A final subdivision plat application shall be filed with the Planning Division within 18 months of approval and the final plat shall be recorded with the Salt Lake County Recorder. 2. Applicant shall comply with all department/division requirements prior to the recording of this plat. 3. Applicant shall comply with all other requirements stated in the approval of their Master Plan and Zoning Map Amendments approved by the City Council on July 9, 2013.

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Page 1: ADMINISTRATIVE HEARING STAFF REPORT Epic Brewing Center ... · Transportation Review—Barry Walsh (801)535-6630 The proposal to reduce the residential lots (828 and 834 So.) on Edison

PLNSUB2013-00846 Epic Brewing Minor Subdivision 1 Published Date: December 1, 2013

ADMINISTRATIVE HEARING STAFF REPORT

Planning and Zoning

Division Department of Community

Development

Epic Brewing Center Subdivision Minor Subdivision Preliminary Plat

PLNSUB2013-00846 825 S. State St., 834 and 836 S. Edison St.

Hearing date: December 12, 2013

Applicant: Peter Erickson Staff: John Anderson (801) 535-7214 [email protected] Tax ID: 16-07-152-008; 16-07-152-019; 16-07-152-020 Zone: D- 2 Downtown Support District; SR-3 Special Development Pattern Residential Master Plan: Downtown Support and Medium Density Mixed Use; Central Community Future Land Use Map Council District: District 4, Luke Garrott Community Council: Central City Current Lot Size: 0.74 Acres Current Use: Brewery and Single-Family Residential Applicable Land Use Regulations: • 20.31 Subdivision Amendments • 21A.24.100 Special Development

Pattern Residential • 21A.30.030 D-2 Downtown

Support District

Attachments: A. Preliminary Subdivision Plat B. Department/Division Comments C. Site Photographs

Request Peter Erickson, representing Epic Brewing, is requesting to modify the property lines for three parcels of property located at 825 S. State St., 834 S. Edison St. and 836 S. Edison St. As proposed the subdivision would increase the size of the State Street parcel allowing Epic Brewing to expand their operations and decrease the size of the Edison Street parcels. The state street parcel is located in the D-2 Downtown Support District and the single family dwellings are located in the SR-3 Special Development Pattern Residential District. Staff Recommendation Staff recommends that the Administrative Hearing Officer grant preliminary approval of the Epic Brewing Minor Subdivision as proposed, according to the findings and analysis in this staff report and the following conditions of approval: 1. A final subdivision plat application shall be filed with the Planning

Division within 18 months of approval and the final plat shall be recorded with the Salt Lake County Recorder.

2. Applicant shall comply with all department/division requirements prior to the recording of this plat.

3. Applicant shall comply with all other requirements stated in the approval of their Master Plan and Zoning Map Amendments approved by the City Council on July 9, 2013.

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PLNSUB2013-00846 Epic Brewing Minor Subdivision 2 Published Date: December 1, 2013

Vicinity Map

Background

Project Description The proposed minor subdivision is located on three parcels of properties stretching between State Street and Edison Street. All three parcels are currently owned by Epic Brewing. The largest parcel is located at 825 S. State Street and houses the brewing operations for the company. The two parcels of property located at 834 and 836 S. Edison Street currently each have a separate single family dwelling. As proposed, the subdivision would increase the size of the State Street parcel allowing Epic Brewing to expand their operations while decreasing the size of the Edison Street parcels. The single family dwellings on Edison Street would remain in place and use. The expansion would include an addition to the building into its current parking lot and a new parking lot and turn around for trucks would be constructed in what is now the rear yards of the two single-family dwellings on Edison Street. This use is not allowed in the SR-3 zoning district which forced the owners of the property to request Master Plan and Zoning Map Amendments extending the D-2 zoning district to cover portions of the

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PLNSUB2013-00846 Epic Brewing Minor Subdivision 3 Published Date: December 1, 2013

rear yards of the single family dwellings. These amendments were approved by the City Council on July 9, 2013. The approval came with conditions. One of those conditions was the requirement of the applicant to modify the property lines through the minor subdivision process to match the adjusted zoning district boundaries. The proposed minor subdivision is located in the D-2 Downtown Support District and in the SR-3 Special Development Pattern Residential District. The lots created in the proposed subdivision must comply with zoning standards from each specific zoning district. Public Notice, Meetings, Comments Notice of the public hearing for the proposal included: • Public hearing notice mailed on December 2, 2013. • Sign posted on property on December 2, 2013. • Agenda posted on the Planning Division and Utah Public Meeting Notice websites on December 2, 2013. Public Comments Staff received no public comments about this proposal at the time of publication. City Department Comments The proposed subdivision was reviewed by the applicable City departments and divisions. The review comments have been attached to this report as Attachment B. None of the comments would preclude approval of the project but should be listed as conditions of approval. The applicant will need to submit a revised plat per City department’s comments for final plat approval. Analysis and Findings Subdivision Amendment Standards for Approval A subdivision amendment petition may be approved only if it meets the requirements specified in Section 20.31.090 of the Salt Lake City Code. The standards for approval are as follows: A. The amendment will be in the best interests of the city.

Analysis: The purpose of the proposal is to modify the property lines for three existing parcels. There would not be any new lots created through this process. This proposal would allow for Epic Brewing to expand their existing brewing operations. The new lots would conform to the zoning requirements for parcels located in the D-2 and SR-3 zoning districts. Further, the City Council recently approved Master Plan and Zoning Map Amendments which allowed for the expansion of the brewing operations with conditions. The purpose statement of the D-2 zoning district supports commercial and economic development as well as entertainment facilities. The purpose statement of the SR-3 zoning district emphasizes the protection of low density residential uses. As proposed the two single family dwellings on Edison Street would remain. This proposal would further the stated purpose statements of each of the zoning districts. Finding: Staff finds that the proposed minor subdivision will be in the best interests of the City.

B. All lots comply with all applicable zoning standards.

Analysis: Staff has reviewed the properties for compliance with all applicable Zoning Ordinance standards and found that they generally meet the minimum standards.

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PLNSUB2013-00846 Epic Brewing Minor Subdivision 4 Published Date: December 1, 2013

The D-2 Zoning District has the following yard and bulk regulations:

District Minimum Lot Area

Maximum Lot Area

Minimum/Maximum Front and Corner

Yard

Interior Side Yard

Minimum Rear Yard

Minimum Lot Width

D-2 None None None None None None

The SR-3 Zoning District has the following yard and bulk regulations for single family dwellings:

District Minimum Lot Area

Maximum Lot Area

Minimum Front and Corner

Yard

Interior Side Yard

Minimum Rear Yard

Minimum Lot Width

SR-3 2,000 square feet

6,000 square feet

Average of the block face or 10’ if no buildings on

block face

4 feet 20% of lot depth, not less

than 10 feet and need not

exceed 30 feet.

Interior lots 30 feet,

corner lots 40 feet

The D-2 zoning district does not generally have yard or bulk zoning regulations. The parcel on State Street proposed for expansion would meet all other zoning standards, as the existing lot already does. The two parcels located in the SR-3 zoning district would continue to meet all zoning standards despite their proposed reduction of size. The proposed lots would be 3,898 and 3,564 square feet in size with 41 and 37.5 feet of lot width respectively. The two single family dwellings would continue to meet the front and rear yard setbacks. As proposed the new lots would be approximately 94 feet in length requiring a rear yard setback of 18.8 feet. Both dwellings would maintain a rear yard setback of approximately 30 feet meeting the minimum standard. The existing dwellings do not appear to meet the interior side yard setbacks. With this petition there is no proposal to alter the side yard setbacks. Despite not meeting the required side yard setback because they are existing they are recognized as legal nonconforming and may remain as they exist.

Finding: Staff finds that the proposed modifications of property lines comply with the applicable zoning standards and would not increase any existing nonconformities.

C. All necessary and required dedications are made.

Analysis: This proposal was reviewed by all applicable city divisions and departments. There were no requirements listed for any required dedications. Finding: Staff finds that this standard has been met as no dedications are required.

D. Provisions for the construction of any required public improvements are included.

Analysis: This proposal was reviewed by all applicable city divisions and departments. There were no requirements listed for any required public improvements.

Finding: Staff finds that this standard has been met as no public improvements have been required.

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PLNSUB2013-00846 Epic Brewing Minor Subdivision 5 Published Date: December 1, 2013

E. The amendment complies with all applicable laws and regulations.

Analysis: The proposed minor subdivision has been reviewed by all pertinent city departments and divisions as to its adherence to applicable laws and regulations. No departments or divisions had objections to the request, subject to the conditions as discussed in the staff report. Finding: Staff finds that the minor subdivision meets all applicable laws and regulations.

F. The amendment does not materially injure the public or any person and there is good cause for the

amendment.

Analysis: No comments from the public have been received objecting to the proposal as of the publication of this staff report. There was considerable public comment during the approval process for their recently approved Master Plan and Zoning Map Amendments. After that public comment period the City Council chose to approve the requested amendments. The proposed subdivision complies with the standards of the zoning ordinance. The standards of the zoning ordinance provide existing property owners, and potential or future property owners, and tenants a basic understanding of what type of land uses and what types of development may occur in the area. With the proposal complying with the subdivision regulations, there is no other known evidence that indicates material injury to the public or any person. Finding: There is no evidence that the proposed minor subdivision will materially injure the public or any person and staff finds that there is good cause for the subdivision.

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PLNSUB2013-00846 Epic Brewing Minor Subdivision 6 Published Date: December 1, 2013

ATTACHMENT A Preliminary Plat

Page 7: ADMINISTRATIVE HEARING STAFF REPORT Epic Brewing Center ... · Transportation Review—Barry Walsh (801)535-6630 The proposal to reduce the residential lots (828 and 834 So.) on Edison
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PLNSUB2013-00846 Epic Brewing Minor Subdivision 7 Published Date: December 1, 2013

ATTACHMENT B Department/Division Comments

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PLNSUB2013-00846 Epic Brewing Minor Subdivision 8 Published Date: December 1, 2013

Police Review No comments Public Utilities—Justin Stoker (801)483-6786 After reviewing the application, we don’t have any comments on the subdivision application. Just for information, we will need to double check that private utility lines don’t cross property lines at the time the subject site is razed and improved. This will be done as part of the building permit process. Zoning Review—Alan Michelson (801)535-7142 The existing parking that is associated with the two car garage at 836 S. Edison will need to be relocated to another legal location on the lot. Future improvements for 825 S. State Street will need to meet the zoning map amendment conditions stipulated for PLNPCM2012-00114 in relation to buildable area, landscape buffering meeting the more restrictive perimeter parking lot landscaping requirements and 6 feet high opaque fencing along the north, east and south property lines. Building—Kenneth Anderson (801)535-6624 No comments Transportation Review—Barry Walsh (801)535-6630 The proposal to reduce the residential lots (828 and 834 So.) on Edison to 100 ' deep and enlarge the 825 So State St. Lot. indicates no change to the existing public transportation corridors of State street (UDOT ROW) or the Edison Street (SLC ROW). Engineering Review- Scott Weiler (801)535-6159 Please show addresses on the plat for parcels 2 & 3. They should be 834 S. and 836 S. respectively. When a final plat is submitted, the SLC Surveyor will begin her review. Fire Review – Ted Itchon (801) 535-6636 No comments Planning Review – John Anderson (801) 535-7214 1. Label 150 East Street as Edison Street. 2. The zoning is labeled as R-1/5000 which is incorrect. It is split between D-2 Downtown Support and SR-3. 3.The area that is being added to the main lot (825 S. State) should be labeled as non buildable for structures only parking, fencing, landscaping and those uses accessory to listed are allowed. 4. The fence on the north side is labeled as non-climable which is spelled incorrectly.

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PLNSUB2013-00846 Epic Brewing Minor Subdivision 9 Published Date: December 1, 2013

ATTACHMENT C Site Photographs

Page 11: ADMINISTRATIVE HEARING STAFF REPORT Epic Brewing Center ... · Transportation Review—Barry Walsh (801)535-6630 The proposal to reduce the residential lots (828 and 834 So.) on Edison

825 S. State Street Looking east towards the front elevation of the existing brewing facilities.

Page 12: ADMINISTRATIVE HEARING STAFF REPORT Epic Brewing Center ... · Transportation Review—Barry Walsh (801)535-6630 The proposal to reduce the residential lots (828 and 834 So.) on Edison

825 S. State Street Looking north along State Street with the existing brewing facilities on the right side.

Page 13: ADMINISTRATIVE HEARING STAFF REPORT Epic Brewing Center ... · Transportation Review—Barry Walsh (801)535-6630 The proposal to reduce the residential lots (828 and 834 So.) on Edison

834 S. Edison St. Looking west at the front elevation of one of the single-family dwellings that will remain.

Page 14: ADMINISTRATIVE HEARING STAFF REPORT Epic Brewing Center ... · Transportation Review—Barry Walsh (801)535-6630 The proposal to reduce the residential lots (828 and 834 So.) on Edison

836 S. Edison St. Looking west at the front elevation of one of the single-family dwellings that will remain.