ORDINANCE NO. 2012-10 AN ORDINANCE REVISING AND CLARIFYING THE ARCHITECTURAL STANDARDS FOR RETAIL/OFFICE/FLEX AND MIXED USES IN THE JUNCTION AT MIDVALE OVERLAY (SECTION 17-7-9.12.2); ALSO PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE FOR THE ORDINANCE. WHEREAS, pursuant to Sections 10-9-401 through 10-9-405 Utah Code Annotated 1953 as amended, the City has the authority to make and amend a zoning plan which divides the City into zoning districts and within those districts to regulate the erection, construction, re-construction, alteration, and uses of buildings and structures and the uses of land to promote the prosperity, improve the morals, peace and good order, comfort, convenience, and aesthetics of the municipality; and WHEREAS, on January 2, 2002, the Midvale City Zoning Ordinance (Title 17) became effective and may be subject to amendments from time to time; and WHEREAS, since this effective date, Midvale City has found a number of areas that require amendments to the text of the ordinance in order to correct errors and omissions, clarify the intent of the language, and/or include new provisions to further the purpose and intent; and WHEREAS, it was determined that, in order to accommodate the various types of commercial buildings that are anticipated in The Junction at Midvale Overlay, the existing architectural standards for retail/office/flex and mixed uses in this overlay need to be revised and clarified; and WHEREAS, the Planning Commission held a public hearing on May 23, 2012, to review proposed text amendment language regarding this issue, with such meeting being preceded by notice through publication in the Salt Lake Tribune and Deseret News on May 9, 2012, and the Planning Commission forwarded a recommendation on such to the City Council on June 13, 2012; and WHEREAS, the City Council of Midvale City, Utah held a public hearing on July 10, 2012, which meeting was preceded by notice through publication in the Salt Lake Tribune and Deseret News on June 26, 2012; and WHEREAS, the City Council has taken into consideration citizen testimony, planning and building analysis, and the Planning Commission recommendations, and has determined that this text amendment is appropriate and within the best interests of the City as a whole in protecting and promoting the health, safety, welfare and aesthetic quality of Midvale City. NOW, THEREFORE, BE IT ORDAINED by the City Council of Midvale City, Utah as follows:
Section 1. The following chapters and sections of the Midvale City Zoning and Subdivision Ordinance are hereby amended as included in ATTACHMENT A of this document. Section 2. If any part of this ordinance or the applications thereof to any person or circumstances shall, for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or the application thereof to other persons and circumstances, but shall be confined to its operation to the section, subdivision, sentence or part of the section and the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the City Council that this section would have been adopted if such invalid section, provisions, subdivision, sentence or part of a section or application had not been included. Section 3. This ordinance shall be effective upon publication of a summary thereof. PASSED AND APPROVED this I514tday of J LtJ4, 2012. B. Seghini, Mayor ATTEST: City Recorder Date of first publication U;t4 i 6,40 Voting by City Council Colleen Costello Paul Glover Robert Hale Paul Hunt Wayne Sharp "Aye" 2 Ordinance No. 2012-10
ATTACHMENT A Text Additions: Text Text Deletions: Text Section 17-7-9.12.2 A 5. Base Materials. Each structure shall have a base or foundation material of brick, cultured brick, natural or cultured stone. This base or foundation shall be with a minimum height of one-third the overall height of the structure. The base or foundation shall extend beyond the plane of the wall above it, creating a larger mass at the base of the building. The planning commission may allow for minor deviations to allow this base to terminate at visual breaks in the architecture or when the one-third base height overshadows the rest of the building architecture, specifically in single-story structures. and-the The planning commission may approve alternative materials that are the qualitative equivalent of brick, cultured brick, natural or cultured stone, provided the alternative material conveys a sense of quality and detail that lends itself to the overall building design, ages gracefully and requires little maintenance. Section 17-7-9.12.2 F 11. Secondary Facades. Building facades that face the street but do not have pedestrian entries shall be composed of high quality materials such as brick or stone, and shall provide variety and interest in the facade through the introduction of such elements as pilasters, recessed or protruding bays, changes in materials and/or colors, building lighting elements, display windows with products or product graphics, transparent windows or clerestories, and well-designed signs and graphics. Section 17-7-9.12.2 G. Openings. The following standards apply to openings of all structures: 1 Entry Doors. rirrv ago am vara a ac-afe-a-ea-me au-40+ra be placed within three feet of the front facade. Entry doors must be covered by a roof and must be a primary element of the front of the structure. Windows. Bay windows shall have from three to five sides. 3. Corner Buildings. Special attention shall be given to corner buildings that are highly visible, that may serve as landmarks and provide a sense of enclosure at intersections. Special attention can be achieved by architecture, landscape, and public place. 4. Minimum Opening Area. Not less than twenty-five percent of any street-facing building facade shall be made up of window or door areas. Not less than fifteen percent of any other building face on a third or higher story shall be made up of windows, balconies or other opening areas unless an adjacent building within twenty feet of that side face obscures the majority of that side face from public view. The Planning Commission may allow for a reduction to the minimum opening requirement if the applicant can demonstrate the building Ordinance No. 2012-10
floor plan(s) required by the use cannot effectively accommodate the requirement and other architectural elements are used to (1) create visually interesting facades, (2) avoid large areas of blank facades, and (3) provide a human scale and details. Uses that may qualify for this reduction may include warehouses and uses which lend themselves to a more residential character, i.e. residential care facilities and hotels/motels. This provision may also be applied to portions of buildings with three street frontages to accommodate kitchens, restrooms and other utility areas. 4 Ordinance No. 2012-10
4770 S. 5600 W. P.O. BOX 704005 WEST VALLEY CITY, UTAH 84170 FED.TAX I.D.# 87-0217663 at *aft fat Zribunt ME DIAJKZ Deseret News 5l, rn PROOF OF PUBLICATION CUSTOMER NAME AND ADDRESS MIDVALE CITY, 655 W CENTER ST. CUSTOMER'S COPY ACCOUNT NUMBER 1 DATE 9001344979 7/16/2012 MIDVALE UT 84047 IIIII6 Illti ACCOUNT NAME MIDVALE CITY, TELEPHONE ADORDER# / INVOICE NUMBER 8015677207 0000807773 / SCHEDULE Start 07/15/2012 End 07/15/2012 lirwr ---'.."- CUSriTrrtrO. plr. Legal Notice I CAPTION '711" - I MIDVALE CITY PUBLIC NOTICE Notice is hereby given that during a City Council meeting on SIZE 18 Lines 1.00 COLUMN TIMES RATE 4 MIDVALE CITY PUBLIC NOTICE Notice is hereby given that, during a City Council meeting on July 10, 2012, the Midvale City Council adopted Ordinance No. 2012-10 An Ordinance revising and clarifying the architectural standards for retail/office/flex and mixed uses in The Junction at Midvale Overlay (Section 17-7-9.12.2) Published: July 15, 2012 Rori L Andreason, MMC 807773 UPAXLP MISC. CHARGES 111111611. AD CHARGES 1116, MOTAL COST AFFIDAVIT OF PUBLICATION 35.24 AS NEWSPAPER AGENCY COMPANY, LLC dba MEDIAONE OF UTAH LEGAL BOOKER, I CERTIFY THAT THE ATTACHED ADVERTISEMENT OF!MIDVALE CITY PUBLIC NOTICE Notice is hereby given that during a City Council meeting on July 10.2012, the Midvale City Council adopted Ordinance No. 2012-10 A FOR MIDVALE CITY, WAS PUBLISHED BY THE NEWSPAPER AGENCY COMPANY, LLC dba MEDIAONE OF UTAH, AGENT FOR THE SALT LAKE TRIBUNE AND DESERET NEWS, DAILY NEWSPAPERS PRINTED IN THE ENGLISH LANGUAGE WITH GENERAL CIRCULATION IN UTAH, AND PUBLISHED IN SALT LAKE CITY. SALT LAKE COUNTY IN THE STATE OF UTAH. NOTICE IS ALSO POSTED ON UTAHLEGALS.COM ON THE SAME DAY AS THE FIRST NEWSPAPER PUBLICATION DATE AND REMAINS ON UTAHLEGALS.COM INDEFINATELY. PUBLISHED ON SIGNATURE Start 07/15/2012 End 07/15/2012 VIRGMIA CRAFT " Notary Public, Stato ot Utah " Commission 4 591469 My Commission Expires January 12, 2014 DATE 7/16/2012 \\\ THIS IS NOT A STATEMENT BUT A "PROOF OF PUBLICATION" PLEASE PAY FROM BILLING STATEMENT