PROPOSED AMENDMENTS TO DRINKING ESTABLISHMENT REGULATIONS FOR THE CBD-I ZONE (PETITION TO AMEND LINEAR BLOCK DEFINITION)
Approve/not approve ordinance
Denial of original zone text amendment (4-2)
In 2015, a petition was filed by Thaine Fischer to amend the definition of a linear block. The amendment, as proposed, would have eliminated the definition of linear block in the City’s zoning ordinance thereby eliminating the restriction of two drinking establishments per linear block. The intent of the amendment is to allow additional drinking establishments within the downtown area, particularly on 25th Street. The Planning Commission recommended denial of that petition. The Council reviewed the petition in 2015 and 2016 but no final determination was ever made by the Council.
After renewed interest, the Council reviewed the petition at its April 7, 2020 work session. The Council requested additional information at that meeting which was reviewed at the November 10, 2020 meeting. After discussion at the November 10 meeting, Council members indicated a desire to develop a proposal that would allow additional drinking establishments in the downtown area and gave City staff direction to work on a proposal.
After the November 10 meeting, City staff consulted with Council leadership and developed a proposal to allow three (3) drinking establishments on each side of a linear block with any drinking establishments on corners counting toward the total number on that block. The proposal would apply only to the CBD-Intensive zone. This proposal was reviewed at the December 8, 2020 work session and Council members gave direction to place the alternative proposal on a future agenda for consideration.
Thaine Fischer submitted a petition in 2015 to remove the City’s definition of a linear block to allow additional drinking establishments on a given block. Currently, the City’s code defines a linear block as
Ogden City Council Meeting: January 5, 2021 1
including both sides of a street with addresses ranging between increments of 100, e.g. 100-199, 200-299, etc. The City’s code limits the number of drinking establishments to two per block. The proposed amendment would eliminate the inclusion of both sides of the street in the definition and would therefore allow up to four drinking establishments per linear block with two per side. As initially proposed by Mr. Fischer, the ordinance restriction of two drinking establishments per linear block would remain in place; the change would be to the definition of a linear block.
Mr. Fischer has provided input on why he feels the proposal is in the best interest of the city. The reasons included with the petition are as follows:
By allowing additional and diverse business establishments to enter the marketplace, it increases economic development, opportunity for redevelopment of historic structures and allows the community more choices.
It fits with Ogden City’s written vision for a “Nightlife district.” This enhances Ogden’s market position in tourism, convention and outdoor recreation. It also increases tourism dollars spent in our community and sales and transient room tax proceeds, which benefit Ogden City and retail business in our downtown core.
Also, it aligns our City ordinance with other Utah cities (Salt Lake, Park City). This allows us to increase our marketability when competing for events, conventions and other economic development opportunities.
As planning staff reviewed the petition, they determined that an amendment to allow four drinking establishments per block was not in the best interest of the city. The concerns included the potential negative impact of an increased number of drinking establishments within a close proximity. Planning staff consulted with the State Office of Tourism as well as the Ogden-Weber Convention and Visitors Bureau (CVB) to get additional information on the potential impacts of tourism. The Planning Commission report indicates that these organizations felt that tourism is not impacted by the proximity and concentration of drinking establishments, but rather the liquor restrictions themselves and confusion regarding what can be ordered when and where.
Ogden City Council Meeting: January 5, 2021 2
Planning staff was concerned with increasing the concentration of drinking establishments due to the behavior of some of the patrons of these establishments. An increase in the concentration of drinking establishments can often increase the need for police response at or around those locations. This behavior can create areas where people feel less safe. This can then lead to a decline in the positive perception of an area and a decrease in the wider variety of establishments located in that area.
In an effort to identify problems related to drinking establishments on 25th Street in particular, planning staff worked with the police department to identify and map calls for services. The information included in the attached materials includes a heat map of calls for service on 25th Street and a call log for certain types of calls. The data seem to indicate a correlation between drinking establishments and calls for service. This would suggest that an increased number of drinking establishments has the potential to increase the number of calls for service and increase the overall need for police presence and resources.
Mr. Fischer petitioned the City to make the same amendment in 2009. The petition in 2009 was denied on similar grounds as the Planning Commission’s recommendation for denial of the current petition.
Time since 2015 petition It should be noted that this petition was initially submitted in 2015. The Planning Commission reviewed the proposal and recommended denial on a vote of 4-2 at the August 5, 2015 meeting. While this recommendation was made several years ago, it is still a valid recommendation.
December 1, 2015 Once transmitted to the Council in October 2015, the City Council reviewed the proposal at the December 1, 2015 work session and requested additional information on the concentration of clubs and bars in other cities as well as additional information on calls for service on 25th Street.
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January 19, 2016 After planning staff worked to gather the information requested, the Council reviewed the petition at the work session on January 19, 2016. At that meeting, no direction was given by the Council as to how to move forward. Several Council members were interested in exploring alternatives to the proposal. Additional discussions were planned for a joint leadership meeting in February 2016.
February to June 2016 Internal discussions as well as discussions between the administration and the petitioner took place regarding the potential for alternative language. An email from the petitioner in June of 2016 indicated that no alternative was agreed upon and that he was requesting the Council make a final determination on the petition. Council staff worked with the petitioner to find a Council meeting date that would work for all parties; however, no final date was determined. In late June of 2016, the Council office received a request from administration and the petitioner to rework the ordinance and bring it back at a later date.
February 2020 Discussions began again on the proposed amendment. The petitioner, working with another business owner on 25th Street, indicated his desire to have the Council review the proposed amendment once again.
April 7, 2020 The Council held a work session on the proposed amendment at its April 7, 2020 work session. After discussion, the Council requested additional information from administration on a range of topics. The City’s planning division has provided the information requested by the Council.
The Council requested specific information related to the following areas:
- Updated totals on the number of drinking establishments in the City - Updated input from the Convention and Visitor’s Bureau - An in-person visit to Salt Lake City to observe types of drinking establishments there - Updated information on police calls for service - Possible alternatives for the Council to consider which would allow additional drinking establishments in the CBD
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November 10, 2020 The City’s planning division provided a memo to the Council, dated October 12, 2020 and included with this memo, detailing the information requested by the Council. This information was discussed at the Council’s November 10 work session.
As the Council reviewed the information at that meeting, there was interest from Council members in exploring options to allow additional drinking establishments in the downtown area to provide additional opportunities for restaurants and other establishments to operate. With this general agreement from the Council, City staff consulted with Council leadership and worked together to develop an alternative proposal that would allow additional drinking establishments in the downtown area. The alternative proposal was presented and discussed at the December 8, 2020 work session.
December 8, 2020 The Council reviewed the alternative proposal to allow additional drinking establishments in the CBD-I zone. No additional changes were proposed at the December 8 meeting. Further, the Council gave direction to place the alternative proposal on a future Council meeting agenda for consideration.
As initially proposed, the amendment would alter the definition of a linear block to include only one side of the street instead of both. Under the proposal, the current limit of two drinking establishments would still apply; however, two drinking establishments would be allowed per side of a linear block.
Alternative Proposal Based on direction from the Council, City staff worked to develop an alternative proposal that would allow additional drinking establishments and some greater flexibility in the placement of such establishments while maintaining a limit on the number.
The alternative proposal includes the following provisions: - Allow three (3) drinking establishments per side of a linear block
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- The number allowed includes any establishments located on the corner of a block or with a publicly accessible door on the block regardless of the establishment’s street address - Increased limit would only apply to the CBD-Intensive District Zone
Original Petition It should be noted that for process reasons, the petitioner has agreed to substitute the alternative proposal for his original petition. As such, the Council will not need to take a formal vote on the original petition for which the Planning Commission provided a recommendation. Instead, the Council may consider only the alternative proposal as the petition.
The Planning Commission reviewed the proposal at its August 5, 2015 meeting and forwarded a recommendation of denial to the Council with a vote of 4-2. The Commission’s recommendation was based on the finding that the proposed amendment is not consistent with the intent of the zoning ordinance and policies outlined in the general plan.
No public comment was received at the meeting; however, Mr. Fischer has submitted a list of individuals who are supporting the proposed amendment. This has been included in the packet materials.
1. Ordinance for Alternative Proposal 2. Map of CBD and CBD-I zones 3. Memo from Planning Division – dated October 12, 2020 4. 2015 Transmittal 5. Planning Commission Report 6. Petition 2015-9 7. Additional information requested by the Council in 2015/2016 8. Correspondence from petitioner requesting the review of the petition a. Signatures in support of the petition b. Additional information provided by the petitioner
Administrative Contact: Greg Montgomery, AICP (801) 629-8931 Council Staff Contact: Glenn Symes, AICP (801) 629-8164
Ogden City Council Meeting: January 5, 2021 6 ORDINANCE NO.
AN ORDINANCE OF OGDEN CITY, UTAH, AMENDING THE OGDEN MUNICIPAL CODE BY AMENDING SECTIONS 5-3A-1, 5-3C-8, 15-2-13 AND 15-34-2 TO REVISE PROVISIONS REGARDING DRINKING ESTABLISHMENTS IN THE CBDI ZONE; AND BY PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING AFTER FINAL PASSAGE.
The Council of Ogden City hereby ordains:
SECTION 1. Section amended. Section 5-3A-1 of the Ogden Municipal Code is
hereby amended to read and provide as follows:
5-3A-1: [ALCOHOLIC BEVERAGE DEFINITIONS:]
The following words and phrases used in this chapter shall have the following meanings unless a different meaning clearly applies from the context: ACT: The alcoholic beverage control act of the state of Utah, Utah Code Annotated title 32A, or its successor provisions.
ALCOHOLIC BEVERAGE: "Beer" and "liquor" as those terms are defined in the alcoholic beverage control act of the state of Utah.
BEER: All products that contain sixty three one hundredths of one percent (0.63%) of alcohol by volume or one-half of one percent (0.5%) of alcohol by weight, but not more than four percent (4%) of alcohol by volume or 3.2 percent by weight, and obtained by fermentation, infusion, or decoction of any malted grain. Beer may or may not contain hops or other vegetable products. Beer includes products referred to as malt liquor, malted beverages or malt coolers.
DISORDERLY CONDUCT: Any illegal or improper diversion or any use of insulting, profane, indecent, immoral, lewd or obscene language, or any indecent, insulting, tumultuous, immoral, lewd or lascivious conduct or behavior, or any disturbance or breach of the peace or fighting, or challenging or threatening to fight, or any mendicancy or larceny.
DISORDERLY PERSON: Any person guilty of any "disorderly conduct", as defined herein.
LICENSED PREMISES: The building, portion of a building, or place designated by the licensee and approved under the licenses issued pursuant to this chapter for the purpose of the sale or consumption of alcoholic beverages. The licensed premises shall
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not include any outside areas unless specifically approved and designated as part of the license. The licensed premises shall be limited to those areas under the management and control of the licensee except as provided for class F licenses. If issued the necessary permits under sections 7-4-2 and 7-2-13 of this code, the licensed premises of a restaurant with a class B beer license or a liquor consumption permit may be approved for extension of the licensed premises to include such portion of the sidewalk, if the licensee has assumed the necessary management and control of such sidewalk use area and ingress and egress occurs directly through the interior of the building otherwise constituting the licensed premises.
LICENSEE: Any person issued a license by Ogden City to sell, manufacture, store, or allow consumption of alcoholic beverages on premises owned or controlled by the person.
LINEAR BLOCK: Both sides of that portion of any street that has street numbers ranging between any two (2) consecutive multiples of 100, such as between 100 and 200, or between 2200 and 2300, etc. [A] Except within the CBD Intensive District, a corner tavern or private club shall be included in the particular linear block indicated by the street address of such establishment.
LIQUOR:
A. Alcohol, or any alcoholic, spirituous, vinous, fermented, malt or other liquid, or combination of liquids, a part of which is spirituous, vinous, or fermented, and all other drinks, or drinkable liquids that contain more than one-half of one percent (0.5%) of alcohol by volume and is suitable to use for beverage purposes.
B. "Liquor" does not include any beverage defined as a beer, malt liquor, or malted beverage that has an alcohol content of less than four percent (4%) alcohol by volume.
C. For purposes of this chapter, "liquor" includes wine as defined in the alcoholic beverage control act of the state of Utah, except as otherwise provided in such act.
MINOR: Any person under the age of twenty one (21) years.
NUISANCE: Any room, house, building, vehicle, structure or place where:
A. Alcoholic beverages are manufactured, kept, stored, sold, bartered, given away or offered or exposed for sale in violation of the alcoholic beverage control act of the state of Utah or any ordinance of the city or where persons resort for
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drinking alcoholic beverages contrary to the alcoholic beverage control act of the state of Utah or any ordinances of the city;
B. Intoxicated persons are permitted to loiter about in such a way as to annoy, injure or endanger the comfort, repose, health or safety of another person or persons, or which loitering in any way renders another person or persons insecure in life or use of property;
C. Disorderly conduct is permitted and carried on;
D. Persons under twenty one (21) years of age are permitted to purchase or drink any alcoholic beverage or are employed in violation of this chapter; or
E. Laws or ordinances are violated by the licensee or the licensee's agents or patrons with the consent or knowledge of the licensee upon such premises which tend to affect the public health, peace or morals.
PRIVATE CLUB: Any social club, recreational association, fraternal association, athletic association, or kindred association organized primarily for the benefit of its members, regulated and operated as a "club" or "private club" in accordance with the provisions of chapter 5 of the act, as amended, and shall be deemed to be a "private club" or "club" for the provisions of this chapter and shall be subject to the regulations and licensing provisions contained herein. A private club is subject to business licensing under chapter 4, article C of this title.
RESTAURANT: A business establishment where a variety of food is prepared and complete meals are served to the general public, located on a premises having adequate culinary fixtures for food preparation and dining accommodations, and that is engaged primarily in serving meals to the general public.
RETAILER: Any person engaged in the sale or distribution of alcoholic beverages to the consumer.
SELL OR TO SELL: Means and includes to solicit; to accept an order for; to keep or expose for sale; to deliver for value or gratuitously; to peddle; to possess with intent to sell; to traffic in; for any consideration promised or obtained directly or indirectly or under any pretext or by any means whatsoever to procure or allow to be procured for any other person; and "sale" includes every act of selling as above defined.
TAVERN: Any business establishment engaged primarily in the retail sale or distribution of beer to public patrons for consumption on the establishment's premises, in accordance with Utah Code Annotated title 32A, chapter 10, of the alcoholic beverage control act of the state of Utah and ordinances of Ogden City. "Tavern" is inclusive of 3
beer bars, parlors, lounges, cabarets, and nightclubs where the revenue from the sale of beer exceeds the revenue from the sale of food, although food need not be sold in such establishments.
WHOLESALER: Any person other than a brewer engaged in the distribution of beer in wholesale or jobbing quantities to licensed retailers.
SECTION 2. Section amended. Section 5-3C-8 of the Ogden Municipal Code is
hereby amended to read and provide as follows:
5-3C-8: [LOCATION REGULATIONS:]
A. No tavern, private club, or other premises for the sale or consumption of alcoholic beverages shall be established or maintained in the city except in those areas authorized by the city zoning ordinances.
B. 1. Except as provided in subsection B.2., within [Within] those areas to which the establishment and maintenance of taverns or private clubs is limited, there shall be no more than a total of two (2) establishments licensed or maintained as a tavern or private club in any linear block. This means only two (2) such establishments shall be allowed in a block, including both sides of the block (see section 5-3A-1 of this chapter).
2. Within the CBD Intensive District, there shall be no more than a total of three (3) establishments licensed or maintained as a tavern or private club on each side of the street per linear block. The number allowed per block includes establishments located on the corner of a block or with a publicly accessible door on the block regardless of the establishment’s street address.
3. The provisions of this section in no way shall affect present locations of taverns or private clubs so long as licenses for those locations remain in good standing, or prevent the issuance of new licenses for those locations upon the transfer of the business by the licensees thereof, including transfer by death, or prevent the moving of a present tavern or private club to another location in the same block, until the license for the premises is revoked or terminated in the manner prescribed in this article.
4. In no event shall an existing private club be allowed to be changed to a tavern in those areas subject to the above limitation.
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C. No class B, C, D or F beer license, and no liquor consumption license, shall be granted within three hundred thirty feet (330') of another business licensed as an adult live entertainment business under chapter 15 of this title.
D. No class A beer license shall be granted or renewed for any premises located in or within one hundred fifty feet (150') of any area designated as part of the 25th Street historic district under title 17 of this code. The provisions of this subsection shall not affect existing locations with class A licenses until such time as the licenses expire on December 31, 2004. Thereafter, any privilege the licensee may have to renewal shall be considered to be revoked.
SECTION 3. Section amended. Section 15-2-13 of the Ogden Municipal Code is hereby amended to read and provide as follows:
15-2-13: ["L" DEFINITIONS:]
LAND USE ORDINANCE: Any planning, zoning, development or subdivision ordinance of the city, including, but not limited to, the provisions of title 14 of this code, commonly referred to as the subdivision ordinance of Ogden City, and this title, commonly referred to as the zoning ordinances of Ogden City, Utah. It is not intended to refer to the Ogden City general plan.
LAND USE PERMIT: A permit, approval or authorization under the provisions of this title for the erection, construction, reconstruction or alteration of any building or structure, or the use of any building, structure or land.
LANDSCAPE OR LANDSCAPING: The installation of living plant material (i.e., turf grasses or turf type fescues, ground cover, annual and perennial flowering plants, vines, shrubs, and trees) planted directly on the property and kept free from all hard surfaces. The following may also be defined as landscaping when they are combined with installed living plant material:
A. Water features (i.e., pools, fountains, falls and streams) and sculptures;
B. Paving materials (i.e., bricks, pavers, flagstones, textured concrete) used to create a useful open space, add color or texture to the design, and create visual interest provided that such materials in the front yard setback are used only as trim or edging and not used as patios, sports surfaces, or areas where vehicles can be parked;
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C. Existing natural vegetation of shrubs (e.g., Wood's rose, willows, currant, sagebrush) or trees (e.g., box elder, Gambel oak, maple, birch); or
D. Landscaping rocks, gravel, mulches, artificial turf or wood chips may be used solely or as ground covers under other plant materials, provided such materials used solely as ground cover without plants above do not cover more than ten percent (10%) of the ground area required to be landscaped. If more than ten percent (10%) is desired, approval must be given by the planning staff based on the criteria in section 15-13-16 of this title.
LAUNDROMAT OR LAUNDERETTE: A self-service laundry establishment where clothes are cleansed in a coin operated machine. Laundromats or launderettes may include individual dry cleaning machines.
LINEAR BLOCK: Both sides of that portion of any street that has street numbers ranging between any two (2) consecutive multiples of 100, such as 100 and 200, or between 2200 and 2300, etc. [A] Except within the CBD Intensive District, a corner drinking establishment shall be included in the particular linear block indicated by the street address of such establishment.
LODGE: A building used by a local chapter of a national fraternal beneficiary society or domestic fraternal society for meetings and activities associated with the organization and its programs.
LOT: A parcel of land occupied or to be occupied by a main building or group of buildings (main or accessory), together with such yards, open spaces, lot width and lot areas as are required by this title and having frontage upon a street; provided, that frontage upon a street shall not be required for lots in PRUD subdivisions as permitted in the subdivision title. Except for group dwellings and a guesthouse, not more than one dwelling structure shall occupy one lot.
LOT, CORNER: A lot abutting on two (2) intersecting streets where the interior angle of intersection or interception does not exceed one hundred thirty five degrees (135°).
LOT, INTERIOR: A lot other than a corner lot.
SECTION 4. Section amended. Section 15-34-2 of the Ogden Municipal Code is
hereby amended to read and provide as follows:
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15-34-2: [USES:]
In the following list of possible uses, those designated in any district as "P" will be a permitted use. Uses designated as "C" will be allowed only when authorized by a conditional use permit obtained as provided in chapter 7 of this title. Uses designated as "N" will not be allowed in that district.
Intensive CBD District A. Sales: A sales establishment classified as retail tobacco specialty N N business. A sales establishment classified as sexually oriented business N N (see section 15-13-13 of this title for applicable conditions), including: Adult bookstores or adult video stores. A sales establishment classified as a medical cannabis P P pharmacy, with the following conditions: 1. Unless waived by the Utah Department of Health, the medical cannabis pharmacy shall be located no closer than 600 feet from any primarily residential zone and 200 feet from any community location, measured from the nearest entrance to the pharmacy following the shortest route of ordinary pedestrian travel to the boundary of the community location or residential zone. 2. Only one public access is permitted which shall be located on the street face of the building. 3. No portion of the exterior brick visible to the public shall be painted. 4. No windows shall be darkened or covered to prohibit view into the interior of the sales space from the street. 5. Hours of operation are from 8:00 A.M. to 8:00 P.M. A sales establishment with no drive-up window or pick up window doing business in an enclosed permanent structure engaged in selling goods or merchandise to the general public for personal, household, or business use (excluding retail tobacco specialty business) and rendering services incidental to the sale of such goods, e.g., grocery, clothing, supplies, office products, jewelry, toys, home furnishings. 1. With no on site outdoor display. P P 2. With accessory outdoor on site display of plants and P P
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assembled outdoor yard furnishings provided display area: a. Is maintained in a clean and litter free condition, with no broken merchandise; b. Does not occupy or obstruct required parking, pedestrian and vehicle accessways, or public right of way; c. Is located behind the main building and is accessed by customers through the building; and d. Is not larger in square footage footprint than the associated main building. 3. Reuse of service station or convenience store for sales of N C products with an outdoor on site display of plants and unpacked and assembled outdoor yard furnishings or amenities provided: [(1)] a. Display is located only on an improved landscaped area; [(2)] b. Display is in scale with surrounding uses; [(3)] c. Outdoor display area cannot exceed the square footage of the ground level of the main building. 4. Outdoor tire displays. N N An establishment engaged in preparing, serving and selling P P food and drink for human consumption on or off premises; provided that the establishment has no drive-up window or pick up window, e.g., restaurants, cafes, etc. Mobile food truck, except that operation is not allowed in The P P Junction (the area from the west side of Washington to the east side of Grant and from the south side of 22nd to the north side of 24th), or the 25th Street historic district. Restaurant with cabaret: In addition to the requirements of the C C conditional use process, the planning commission shall consider the potential effects of the type of proposed cabaret operations on adjacent uses, including, but not limited to, any residential dwellings in the vicinity, considering hours of operation, noise, parking and traffic conflicts, and possible activities of patrons on and around the site. Sales establishments engaging in the sale of building C C materials as a principal use within a completely enclosed building. Sales establishments which engage in the sale of motorized N P vehicles, e.g., automobile sales, boat sales, motorcycle sales. Sales establishments which engage mainly in selling alcoholic C C beverages, e.g., drinking establishment, liquor stores. In
8 addition to the requirements of the conditional use process, the following conditions shall apply to drinking establishments: 1. Maximum Number: [No more than 2 drinking establishments per linear block;] a. No more than 2 drinking establishments per linear block within the CBD; b. No more than 3 drinking establishments on each side of the street per linear block within the CBD Intensive District, which number includes drinking establishments located on the corner of a block or with a publicly accessible door on the block regardless of the drinking establishment’s street address; 2. Parking: Parking shall be conveniently located to the entrance of the building. In determining conveniently located parking, the planning commission shall consider: a. The visibility of the parking area from the building; b. The lighting, existing physical development, and types of uses adjacent to the parking lot and between the parking lot and drinking establishment; c. The potential for parking conflicts with the parking lots of adjacent uses; d. The potential for customer usage of on street parking in front of residential uses. 3. Operational Hours: Operational hours shall be considered to assure compatibility with the surrounding uses. 4. Drinking Establishment: In addition to the requirements applicable generally to drinking establishment, the planning commission shall consider the potential effects of cabaret operations on adjacent uses, including, but not limited to, any residential dwellings in the vicinity, considering hours of operation, noise, parking and traffic conflicts, and possible activities of patrons on and around the site. Sales establishments which utilize outdoor storage of N N materials, e.g., lumber, plumbing and heating supplies, garden supplies. Seasonal sale of produce subject to the following: P P 1. Although listed as a permitted use, seasonal sale of produce will be allowed only within the area described as being between the 2300 and 2700 blocks of Wall Avenue, and the 100 and 200 blocks of 25th Street; 2. All stands or trucks and displayed produce must be
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located on private property; 3. Such stands or displays shall be set back at least 20 feet from adjoining street right of way lines; 4. Off street parking must be available on site or within 500 feet of the site; 5. No portable, flashing, or banner signs shall be permitted; and 6. Such use shall either locate in a temporary building under 400 square feet for a period not to exceed 6 months in 1 calendar year, or in a permanent building year round. Seasonal sales in conjunction with a holiday market subject to P N the following: 1. Shall be located only in the Union Station plaza area; 2. Shall be for crafts, food and beverages; 3. Shall be allowed from the day after Thanksgiving through the month of December; 4. Structures shall be a unified design. Seasonal sales of Christmas trees and fireworks. Temporary N P buildings incidental to sales of these items permitted only for length of sales. Service station, drive-in restaurant, gas pumps, convenience N N stores. Sidewalk vendor: Sales conducted as a sidewalk vendor only P P in such locations set forth in the approved vendor location map referenced in title 5, chapter 13, article B of this code. Swap meet, provided all displays, sales and storage are N C contained within an enclosed building. B. Services: Service businesses located in a permanent building which P P provide health and grooming services to household pets, but not boarding, provided business is conducted completely within an enclosed building and keeping of pets is limited to hours between 7:00 A.M. and 7:00 P.M., e.g., veterinary, pet grooming. Service businesses located in a permanent building which N P provide storage for individuals or businesses, provided such storage is located on floors above the main ground floor level, the entire ground floor level, except for necessary loading elevators, is used for retail or office use, and the building is not on Washington Boulevard, e.g., warehousing, personal storage units, refrigerated storage.
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Service businesses located within a permanent building, and N N requiring outside storage on site, e.g., general contractors, roofing, plumbing, heating contractors. Service businesses located within a permanent building N P primarily engaged in providing rental of equipment for individuals, businesses, or agencies with outdoor display of equipment for rent, e.g., equipment rental business, trailer rental, car and truck rental. Outdoor storage of items to be repaired and repair areas shall be screened from public view. Service businesses located within a permanent building P P primarily engaged in providing services for individuals, businesses, or agencies. Personal, professional, retail, financial, and business services, but not including short term loan businesses, e.g., beauty and barber shops, laundry, dry cleaning, funeral homes, architects, doctors, hotels, banking, insurance, real estate, advertising, employment agencies, daycare. Service businesses primarily engaged in automotive repair N P services, provided work is done completely within an enclosed building, e.g., brake, muffler, painting, bodywork, transmission, washing. Outdoor storage of vehicles shall be screened from public view. Short term loan businesses. N N C. Institutional: Educational/post-high school educational institution with P P housing Halfway houses, prisons. N N Institutional uses which are public, religious or educational P P and used for instruction, education or worship, e.g., daycare, schools, libraries, government buildings, courts, plazas, churches. Jails. C C Post-high school educational institution P P Soup kitchens, shelters for the homeless, missions. N N Transitional housing, assisted living facilities. N C D. Residential: 1 or more dwelling units, provided they are located above first P P floor commercial uses and 1 additional on site parking space is provided for each unit. 3 or more dwelling units used for the purpose of providing P P living quarters for families, e.g., apartments, condominiums, retirement homes.
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Lodging houses, boarding houses, single room occupancies. N N Single- or two-family dwelling units only. N N E. Cultural, entertainment and recreation: Activities which require the use of motorized vehicles or which N N are conducted outside a building such as miniature golf, driving ranges, batting cages, go-carts, racetracks. Cabarets (see main use categories applicable to restaurants, or drinking establishments). Cultural, entertainment and recreation uses and businesses P P which provide as a main use activities for patrons by means of performance, film, or action, e.g., movie theaters, live theater, dance halls, sporting events, but not including sexually oriented businesses or cabarets. Arcades are permitted under the following conditions: 1. That no arcade be located within 600 feet of any public elementary or secondary school, measured linearly between closest property lines. 2. That no 2 arcades shall be closer than 600 feet apart, measured linearly between closest property lines. Indoor or outdoor public events or civic activities. P P Sexually oriented businesses (see section 15-13-13 of this title for applicable conditions). Adult businesses and adult live entertainment businesses. N N Outcall services and adult entertainment dancing P P agencies. Spook alleys, haunted houses. N N F. Transportation, utilities, communications: Businesses and/or land uses which are primarily engaged in C P furnishing land for uses incidental to transportation, e.g., parking lots, parking terraces, bus terminals. Utility and communication uses which are primarily engaged C C in furnishing the delivery of utility or communication services, e.g., substations, relay towers. G. Manufacturing: Manufacturing establishments solely engaged in the assembly N C of already processed materials or the substances into new products, provided the activity is conducted and all materials are stored within a completely enclosed building. Manufacturing in this chapter is limited only to food products for human consumption, clothing, textiles, printing, and publishing, and plastic consumer products, e.g., bakery,
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beverage, dairy products, apparel, textiles, newspaper publishing, book publishing, toys, cases, helmets. Manufacturing of food products for human consumption as an C C accessory use to an allowed sales use; provided, that not more than 15 percent of the floor area is used for the manufacturing process, the street frontage is used for permitted sales uses, and no deliveries of the produced product by delivery truck are allowed. Manufacturing which involves the processing, collecting or N N storage of raw materials or scrap, e.g., junkyard, metal salvage, metal collection. Manufacturing which involves the processing or collecting of N N raw materials, animals, or animal byproducts or plants, e.g., meat packaging, poultry processing, grain and cereal mills, pharmaceuticals. Cannabis production establishment N N H. Temporary buildings: Temporary buildings for uses incidental to construction work. P P Such buildings shall be removed upon completion or abandonment of construction work.
SECTION 5. Effective date. This ordinance shall be effective immediately upon posting after final passage.
PASSED, ADOPTED AND ORDERED POSTED by the Council of Ogden City,
Utah this _____ day of ______, 2020.
______CHAIR
ATTEST:
______CITY RECORDER
TRANSMITTED TO THE MAYOR ON: ______
MAYOR'S ACTION: Approved Vetoed
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______MAYOR
ATTEST:
______CITY RECORDER
POSTING DATE: ______
EFFECTIVE DATE: ______
APPROVED AS TO FORM: MHS 11/17/2020 Legal Date
* The headings, catchlines or catchwords suggested for use in the Ogden Municipal Code and which are bracketed at the beginning of sections or subsections, shall not be considered to be a part of the ordinance adopted herein.
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Legend Ogden City Boundary / CBD Zone
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Source: Ogden City GIS Published: May 2019
Planning Division 2549 Washington Blvd. Suite 140 Memo Ogden, Utah 84401
To: Ogden City Council From: Greg Montgomery, Planning Manager Date: October 12, 2020 Re: Petition 2015-9 to amend linear block requirements for drinking establishments
Mr. Thaine Fischer filed a petition with the City on July 2, 2015 seeking to amend the requirements of a linear block to allow more than two drinking establishments per linear block. (A linear block is presently defined as both sides of a street within the block numbers that are multiples of 100, See 15-2-13 of the municipal code). The Planning Commission reviewed this request on August 5, 2015 and recommended denial of the request with a 4 to 2 vote.
The City Council considered the Planning Commission recommendation in a work session on December 1, 2015 and then in another work session on January 19, 2016. The Council gave no direction at the January meeting of how to move forward and indicated further discussion would take place in the February 2016 Leadership Meeting. In June of 2016, the Council received notice from the petitioner and administration that possible language would be reworked and come back later.
The Planning Commission reviewed a request from Jared Allen on February 5, 2020 to consider a conditional use permit for a drinking establishment at 2518 Lincoln Avenue. The addresses was the site of the old Bamburger Building which had been removed years ago and was now the parking lot that serves the adaptive reuses located in the building known as the Helena Hotel. This address was selected because the linear block rule would not allow another drinking establishment with a 200 block 25th Street address. A similar process of using a Lincoln address was used in 2012 in the approval of Alleged. The linear block definition allows a corner lot to use its street address (in this case the Lincoln address) and not be counted in the two per linear block restriction that had reached its limit on 25th Street.
Planning Staff met with Mr. Allen in late February 2016 to show him possible ways to meet the Planning Commission recommendations so he could continue with his development. He expressed he really did not want to lose parking. Staff mentioned that there is still an outstanding petition that never had been acted upon in 2016. Mr. Allen then contacted Mr. Fisher to try to bring the petition up for a final decision. The Council office was contacted in March and on April 7, 2020 a work session was held to bring the petition up for further consideration.
The April 7, 2020 work session concluded with several items the council wanted before acting on the item.
1. Current information regarding the number of taverns in the city.
2. Input from the Convention and Visitors Bureau
3. Councilmembers visit Salt Lake City to see types of establishments that would not be allowed.
4. Collect calls for police service
5. Consider language that would apply to the Central Business District.
Before addressing each specific item, some revisions have taken place to city regulations separate and apart from the linear block discussion but add some flexibility to create a transition area of uses that would be licensed by the state as bars but not subject the uses to the local two per linear block provision.
The City Council acted upon an ordinance amendment on June 23, 2020 that eliminated taverns and private clubs as defined terms and created a new definition called “Drinking Establishments” That definition states for zoning purposes of the city if the sale of alcohol in any form exceeds the sale of food it is a drinking establishment and subject to the lineal block separations. If not then there would be no linear block restriction even if the State license was for a bar. The State would still license the facilities with less than 70% food sales as “Bars” and no one under the age of 21 would be allowed in the facility licensed as a bar.
1. Current number of taverns (bars, taverns and private clubs) in the city.
As of October 9, 2020, there are 20 establishments within Ogden that are licensed with the State. One is a tavern (beer only), two are bars (alcohol sales with food) and 17 private clubs (retained from earlier definitions with the state except one which is Dars). Six private clubs are within the two block 25th Street Historic District and a total of nine are within a two block radius of Historic 25th Street. The following page shows the clubs, taverns and full-service restaurants in Ogden. This list does not include the limited restaurants that may sale beer or wine only with a meal.
2. Input from the Convention and visitor’s Bureau
I posed this question to Sara Toliver of the Convention and Visitors Bureau, “Could you give me your “official position” for the convention and visitors bureau if you feel this regulation (two per linear block) hinders attracting people to Ogden. I know there is the state-wide issue of the way the liquor laws are written to begin with but does the two per block add to that? Thanks, I appreciate your input.”
Her response was, “I will “officially” say that I don’t believe it limits our ability to attract visitors to Ogden, but I do believe that it is a frustration once many are here. We do not have a thriving, vibrant nightlife environment in Ogden.”
3. Council visit to Salt Lake to see establishments that the present regulations would not allow.
With the conditions since March, there has been very limited ability to visit other locations and see operations. This is not anything the planning staff could address but a clarification is that it is not that the zoning ordinance would not allow it, it is that after the two per linear block they could not locate on that block.
4. Collect calls for police service
The Police Department provided this information from their crime center records from March 2016 to March 2020 on the six drinking establishments on Historic 25th Street. CFS in the graphs stands for Calls for Service
I also asked Chief Watt about his impression of potential impact for calls for service if additional bars are added and he shared the following, “Bars cause issues, period. More bars, more issues, period. More bars equals more drunk drivers on 25th Street and surrounding streets, more public intoxication, more lewdness, more fights, more occasional stabbings and shootings, among other things. We don’t really care if the City decides to turn 25th Street back into Two-Bit Avenue in all its glory. However, the greater issue, in my opinion, is what is the vision for 25th Street? More bars mean less family activity, less general public activity, less late afternoon business activity and revenue, more bar-type activity and more bar revenue. We don’t stop the problems before they happen, we can’t. We clean up afterwards.”
5. Consider language that would apply to the Central Business District
There are four possible options the planning staff would suggest for consideration if the Council determines they do not want to follow the Planning Commission consideration. There are of course others that could be developed but these are the four that Planning Staff feels balances desires and future impacts to the downtown.
Option 1. Revise the language that for Historic 25th Street two are allowed per each side of the street.
There is already a nonconforming number of bars on the 200 block and the maximum two on the lower block this option would revise the language to allow an exception to be two per each side of the street on 25th Street. This would allow two additional establishments on the south side of lower 25th and one more one the south side of upper 25th which would be Jared Allen’s proposed establishment. Added to this revision would be to eliminate the exception for corner lots counting the building addresses. The corners lots presently, if they have a door on the side streets, could potentially add seven more establishments to the 25th Street District excluding the present Alleged. This also considers the recent changes that if a dining establishment, even though licensed as a bar sales more than 50% food, would not be counted in the number restrictions of bars per block.
Approved Unspoken with its Lincoln address
Option 2. Revise the language for the Central Business District Intensive zone (CBDI) to allow the linear block provision to apply to a side of the street rather than both sides
Presently only the 2500 block of Washington is the only other block at the capacity limit because of the present regulations. This would not help that block with additional establishments since the Municipal Block is the other side of Washington. It could however allow other uses to take place in the heart of the downtown in the future.
Option 3 Add provision that bars that close at 11p.m. would not be counted in the two per linear block requirement
The police data shows that from 11 p.m. to 1 a.m. the calls for service rise dramatically. One of the reasons for the present limitation is based on adverse impacts created by such facilities and those adverse impacts generally happen late in the evening. If the restriction was hours of operation rather than separation, then a blend of both types of facilities could be offered and not be mutually exclusive. This would amend the City’s present definition and not add an extra layer of reporting of the 50% food sales to the city but simply tie the land use to hours of operation of whether or not it would be exempt from the two per linear block. .
Option 4 Hybrid of option one or two add to option three.
This provision would increase the number of drinking establishments allowed by changing the two per linear block to two per side of the block and then exclude the facilities that close at 11 from being considered in the limitation count.
Symes, Glenn
From: Mabey, Amy Sent: Monday, March 2, 2020 10:42 AM To: Blair, Bart; Choberka, Angela; Hyer, Richard; Lopez, Luis; White, Marcia; Nadolski, Ben; Richard Hyer 2; Stephens, Doug; Davenport, Eric; Garside, Brandon; Goddard, Darci; Hawley, Mavis; Eller-Smith, Janene; Symes, Glenn Subject: FW: [External] Petition to Change Ordinance: Alcohol Definitions & Locations Attachments: Petition & Support Document.pdf
FYI, please see the attached correspondence.
Thanks,
Amy Sue Mabey, MPA Policy Analyst Ogden City Council (801)629-8629
From: Thaine Fischer
Greg,
Jared and I met this morning and I would like to take the next step in the Petition of changing the ordinance “Alcohol Definitions & Locations" submitted previously. See attachment.
Included is the previous support signatures and this has been updated to approximately another 25+ signatures representing business, individuals and associations.
Please let me know what are the next steps, procedures / work sessions / hearing dates, etc.
All the best, Thaine Fischer
Fischer Regan Enterprises LLC 2444 Washington Blvd Ogden Utah 84401
Assistant: Debra Grant Office: 801-823-3320 [email protected]
To learn more about Fischer Regan Enterprises, LLC visit us on-line at: www.fischer-regan.com
Proud Member of 1
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On Feb 26, 2020, at 5:07 PM, Jared Allen
Greg,
Thanks for the update! I'd be happy to help move this forward and I've looped Thaine into this email as well. How do we go about sending that request? I'd love to include new information from the time of the original petition up to now given the new specific project in mind. How would that process work?
‐‐ Thanks,
Jared E. Allen Principal Broker Restoration Realty
On Wed, Feb 26, 2020 at 9:33 AM Montgomery, Greg
I checked with council staff and the petition had a work session but then never moved forward. It is still an open petition that would require a final determination. You could asked Thaine and partner with him to send a request to the City Council to make a final determination on the existing petition. I will get you all the background information that had been presented at the work session so that if you decide to move forward you have the background.
From: Jared Allen
Greg,
Thanks for meeting with me last Friday. The suggestions you had for configuring the backlot/walkway were very helpful should we need to go that route. As you know I'd like to do all I can can to preserve the precious few parking spaces we have down there.
Per our conversation were you able to find out more with regard to the status of Thaine Fischer's 2 petition to change the 2 bars per linear block rule? I've attached his paperwork to this email in case it is helpful. If his petition has expired I'm happy to bring a new one or if any action is needed to bring his back to life please let me know.
‐‐
Thanks,
Jared E. Allen Principal Broker Restoration Realty
On Tue, Feb 18, 2020 at 10:06 AM Jared Allen
Perfect. Thanks!
On Tue, Feb 18, 2020 at 9:33 AM Montgomery, Greg
Let’s plan at 10 at the site
From: Jared Allen
Thanks! Friday is great. What time after 10 works best for you?
On Tue, Feb 18, 2020 at 8:03 AM Montgomery, Greg
My first available time will be Friday after 10. Will that work for you?
From: Jared Allen
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Greg,
I wanted to see if there's a time convenient for you to walk the property with me next week to discuss potential ways of complying with the conditions of the CUP. I want to make sure what we put in our Landmarks application will satisfy the requests and I'd also love potential feedback/problem solving help. :)
‐‐
Thanks,
Jared E. Allen Principal Broker Restoration Realty
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Thanks,
Jared E. Allen Principal Broker Restoration Realty
‐‐
Thanks,
Jared E. Allen Principal Broker Restoration Realty
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