Agenda Item Title:
Title
Amendments to Title 21 of the Land Development Code, Chapter 19, Special Development (SD) Districts, Section 20, SD (Carnation) -10600 S. 1000 E.
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Presenter:
Melissa Anderson, Zoning Administrator
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Description/Background:
Adam Nash, representing several property owners that are part of the area zoned SD (Carnation), has applied to amend Title 21, Land Development Code, Chapter 19, Special Development (SD) Districts, Section 20, SD (Carnation)-10600 S. 1000 E. of the Sandy Municipal Code. The SD Carnation zone affects approximately 2 acres of land located around 984 East 10600 South. The code amendment is proposed to allow restaurants to have drive-up windows as a permitted use in the SD (Carnation) zone. This would remove the current limitation on drive-up windows, which only allows non-food uses such as banks, ATMs, dry cleaners, and pharmacies. If the amendment is approved, it would allow food-related establishments like restaurants to have drive-up windows as well.
See the attached staff report and exhibits for further details.
Further action to be taken:
The City Council will make the final decision on the proposed code amendment after receiving a recommendation from the Planning Commission.
Recommended Action and/or Suggested Motion:
Recommendation
Staff recommends that the Planning Commission forward a negative recommendation to the City Council on this application to amend Section 21-19-20 of the Sandy Municipal Code to allow drive-up windows for food-related uses in the SD Carnation zone, based on the following findings:
1. The City Council may amend land use ordinances consistent with the purposes of the Sandy Land Development Code, the Sandy City General Plan, and the Utah Code, Municipal Land Use, Development, and Management Act per Title 21 Chapter 5 of the Sandy Municipal Code.
2. The proposal is reviewed by the Planning Commission and City Council in accordance with the requirements of Title 21 Chapter 5 of the Sandy Municipal Code.
3. The proposal does not comply with the purpose of the Land Development Code under Section 21-1-03 because it does not promote public health, safety, and welfare, nor facilitate the orderly growth and development of Sandy City.
4. The proposal does not comply with the Sandy City General Plan because drive-up windows for food-related uses are not appropriate for the SD (Carnation) zone.
5. The proposed use is not consistent with the purpose statement of the zone which is to allow for commercial uses that are compatible with those of contiguous properties.