HomeMy WebLinkAboutPLNZAD2024-00426 - 865 S 600 WPage 1 of 4
June 3, 2024
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2024-00426
REQUEST:
This is a request by representatives of CleanJoule for an administrative interpretation regarding
whether an existing use on a property in the CG zone (General Commercial) at approximately
865 S 600 W (Tax ID# 15-12-153-004-0000) could be expanded to a new location in the M-1
zone (Light Manufacturing). A determination is sought because the business is interested in
building a new facility in Salt Lake City. They are requesting a determination regarding the
proposed use. Per the submitted application, the land use proposed is a sustainable aviation fuel
research and development facility.
DECISION:
The Zoning Administrator finds that the proposed use as presented in the submitted request is
considered “Research and Development Facility,” as defined in section 21A.62 of the Salt Lake
City Zoning Ordinance. As such, the proposed use is permitted in the M-1 zoning district.
FINDINGS:
The applicant proposes a sustainable aviation fuel research and development facility. The
applicant submitted the following information describing the proposed business operation:
• Product Under Development: Sustainable Aviation Fuel (liquid polymers)
o Amount Produced: 25,000 gal./yr. (or approx. 140 gal./day over 180 days)
o Water Use: <5,000 gallons/day
o Flammability: Flash point greater than 50° C (122° F)
o Petrochemical Product: Product is not a petrochemical product. It is made using
fermentation and separation practices.
• Employees: 35
• Facility: Indoors
• Nuisances: Facility will not generate noise, smoke, fumes, odors, glare, or health & safety
hazards outside of the building or lot.
The applicant believes the use should be considered “Research and Development Facility,”
which is a permitted use in the M-1 District.
The Zoning Ordinance defines “Research and Development Facility” as
RESEARCH AND DEVELOPMENT FACILITY: An establishment comprised of one or
more structures used primarily for applied and developmental research conducted
entirely indoors. The use may include testing to determine the physical qualities of
already manufactured materials or materials used in the manufacturing of a
prototype. Research and development facility is not a bio-medical facility or light
manufacturing.
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The applicant’s written narrative and addendum indicate that the proposed facility will be “used
to show proof of concept” and that “there will be no manufacturing or distribution activities in
or adjacent to the Facility at any time.” The addendum states that the sustainable aviation fuel
produced at the facility “will be used solely in testing to determine the physical qualities of
already manufactured materials, would be considered a prototype, or both.”
A key distinction of this use as compared to others in the land use tables is that the product is
intended to serve as a prototype to show proof of concept and will not be available as a finished
product. If at any point the product is made available as a finished product for sale to customers,
or if the product is produced in bulk quantities for wholesale distribution, then the business can
no longer be classified as a research and development facility.
The applicant has indicated that they “will not be acting as a wholesale distributor or as a
manufacturer of flammable liquids, gases, or heating fuel” because they will only be producing
small amounts of fuel as a prototype. “Flammable Liquids or Gases, Heating Fuel Distribution
and Storage”, which is not permitted in the M-1 district, is defined as:
FLAMMABLE LIQUIDS OR GASES, HEATING FUEL DISTRIBUTION AND STORAGE:
A type of wholesale distributor engaged in supplying flammable liquids, gases and/or
heating fuel.
Because the applicant will not be acting as a wholesale distributor, this land use category is not
applicable to the proposed business use. However, if, in the future, the business develops a
finished product available for sale to customers, then this business would be considered
flammable liquids distribution. While the “storage and use of relatively small quantities of
flammable materials” is permitted as accessory to the research and development use, the sales
of a finished product to customers involving the production and storage of flammable liquids
would no longer fit into a permitted use in district and would be most similar to another that is
prohibited in the district. As such, a change in the scope of the business would require a zoning
amendment and further review.
Standards for Use Interpretation
Any use interpretation is subject to the below standards:
A. Any use defined in chapter 21.A.62 of this title, shall be interpreted as defined;
Finding: “Research and development facility” is defined in the zoning ordinance.
B. Any use specifically listed without a "P" or "C" designated in the table of permitted and
conditional uses for a district shall not be allowed in that zoning district;
Finding: “Research and development facility” is specifically listed in the table of
permitted and conditional uses within the M-1 zoning district as a permitted use (P).
C. No use interpretation shall allow a proposed use in a district unless evidence is
presented demonstrating that the proposed use will comply with the development
standards established for that particular district;
Finding: The proposed use will be required to comply with the development standards
of the M-1 zoning district.
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D. No use interpretation shall allow any use in a particular district unless such use is
substantially similar to the uses allowed in that district and is more similar to such uses
than to uses allowed in a less restrictive district;
Finding: See finding “B” above. As noted in the discussion above, the use as described
is most similar to “Research and development facility,” which is a permitted use in the
M-1 zoning district.
E. If the proposed use is most similar to a conditional use authorized in the district in
which it is proposed to be located, any use interpretation allowing such use shall
require that it may be approved only as a conditional use pursuant to chapter 21.A.54
of this title;
Finding: Not applicable. See finding “B” above.
F. No use interpretation shall permit the establishment of any use that would be
inconsistent with the statement of purpose of that zoning district.
Finding: The stated purpose of the M-1 zoning district is as follows:
The purpose of the M-1 Light Manufacturing District is to provide an
environment for light industrial uses that produce no appreciable impact on
adjacent properties, that desire a clean attractive industrial setting, and that
protects nearby sensitive lands and waterways. This zone is appropriate in
locations that are supported by the applicable Master Plan policies adopted by
the City. This district is intended to provide areas in the City that generate
employment opportunities and to promote economic development. The uses
include other types of land uses that support and provide service to
manufacturing and industrial uses. Safe, convenient, and inviting connections
that provide access to businesses from public sidewalks, bike paths and streets
are necessary and to be provided in an equal way. Certain land uses are
prohibited in order to preserve land for manufacturing uses and to promote the
importance of nearby environmentally sensitive lands.
Research and development facilities fit within the purpose of the M-1 zone. The use is
not expected to produce noise, odors, or environmental impacts on adjacent properties.
If you have any questions regarding this interpretation, please contact Andy Hulka at (801) 535-
6608 or by email at andy.hulka@slcgov.com.
APPEAL PROCESS:
An applicant or any other person or entity adversely affected by a decision administering or
interpreting this Title may appeal to the Appeals Hearing Officer. Notice of appeal shall be filed
within ten (10) days of the administrative decision. The appeal shall be filed with the Planning
Division and shall specify the decision appealed and the reasons the appellant claims the
decision to be in error. Applications for appeals are located on the Planning Division website at
https://www.slc.gov/planning/applications/ along with information about how to apply and
processing fees.
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NOTICE:
Please be advised that a determination finding a particular use to be a permitted use or a
conditional use shall not authorize the establishment of such use nor the development,
construction, reconstruction, alteration, or moving of any building or structure. It shall merely
authorize the preparation, filing, and processing of applications for any approvals and permits
that may be required by the codes and ordinances of the City including, but not limited to, a
zoning certificate, a building permit, and a certificate of occupancy, subdivision approval, and a
site plan approval.
Andy Hulka
Inland Port Principal Planner
CC: Nick Norris, Planning Director
Mayara Lima, Zoning Administrator
Casey Stewart, Planning Manager and Development Review Supervisor
Ballpark Community Council
Granary District Alliance
Posted to Web
Attachments:
• Applicant’s addendum to Administrative Interpretation
ADDENDUM TO ADMINISTRATIVE INTERPRETATION
CLEANJOULE, Inc., a Delaware corporation (“Applicant”), respectfully submits this addendum
(“Addendum”) for an Administrative Interpretation (the “Application”). Applicant does not
currently have any interest in, but is seeking to lease property located within the Light
Manufacturing (M-1) District (the “M-1 District”, such property being referred to herein as the
Property”) on which to develop a research and development facility (the “Facility”).
1. Provision(s) of Code for Which Interpretation is Sought
Applicant seeks an interpretation as to whether storage and use of flammable liquids or gases as
an ancillary and incidental use to the primary use of the Property for the Facility is permitted within
the M-1 District. See City Code of Salt Lake City, Utah § 21A.33.040 (“Zoning Code”).
2. Facts Giving Rise to the Request for Interpretation
Applicant is requesting an Administrative Interpretation prior to leasing the Property because,
though the primary use of the Property for the Facility is a permitted use in the M-1 District, the
nature of the research, development, and testing that will be carried out at the Facility would
require the storage and use of relatively small quantities of flammable materials. The storage and
use of such flammable materials would be wholly ancillary and incidental to the primary use of
the Property for the Facility. In completing its diligence prior to leasing the Property, Applicant
has communicated with the Salt Lake City Planning Division (“Division”), and there has been a
question raised regarding whether or not such limited ancillary and incidental storage and use of
flammable substances is permitted in the M-1 District, or if such use is more appropriately limited
to the Heavy Manufacturing (M-2) District (“M-2 District”). Thus, Applicant is requesting
clarification prior to expending time and resources on identifying and leasing the Property.
3. Interpretation and Statement
For the reasons set forth in this Addendum, Applicant’s view is that, because the primary use is a
permitted use in the M-1 District, and because the storage and use of minimal quantities of
flammable substances within the Facility is required for such primary use, the storage and use of
flammable substances must be permitted as a use that is ancillary and incidental to the permitted
primary use.
The Zoning Code provides that the M-1 District allows for a “[r]esearch and development facility”
as a permitted use. Further, the Zoning Code defines “[r]esearch and development facility” as “[a]n
establishment comprised of one or more structures used primarily for applied and developmental
research conducted entirely indoors. The use may include testing to determine the physical
qualities of already manufactured materials or materials used in the manufacturing of a prototype.
…”
In this case, Applicant would be using the Property for a Facility that would be researching,
developing, testing, and determining the qualities of materials related to sustainable airline fuel
(“SAF”). The nature of such applied and developmental research, testing, and determinations
requires the storage and use of minimal quantities of flammable substances within the facility.
The Zoning Code also provides that “[f]lammable liquids or gases, heating fuel distribution and
storage” is neither a permitted nor conditional use in the M-1 District but is a permitted use in the
M-2 District. It is Applicant’s understanding that this provision of the Zoning Code gave rise to
the question considered in the Application.
However, the Zoning Code defines “[f]lammable liquids or gases, heating fuel distribution and
storage” specifically as “[a] type of wholesale distributor engaged in supplying flammable liquids,
gases and/or heating fuel.” Applicant will not be acting as a wholesale distributor or as a
manufacturer of flammable liquids, gases, or heating fuel.
Additionally, there will be no manufacturing or distribution activities in or adjacent to the Facility
at any time. As stated above, the Facility will be used only for applied and developmental research,
testing, and determinations. Such applied and developmental research may lead to the production
of small, nonmarketable amounts of SAF; however, such SAF will be used solely in testing to
determine the physical qualities of already manufactured materials, would be considered a
prototype, or both. Other than for the research and development purposes detailed above, there
will be no production of SAF in the Facility.
Thus, Applicant is requesting that the Division confirm (1) that the storage and use of minimal
quantities of flammable substances within the Facility are necessary ancillary and incidental uses
to the primary use of the Facility as a research and development facility, which is a permitted use
in the M-1 District, and (2) that the minimal amounts of SAF produced at the Facility will merely
be the result of testing to determine the physical qualities of already manufactured materials, would
be considered a prototype, or both. Thus, these ancillary and incidental uses are permitted so long
as they are necessary for Applicant to engage in the primary use of the Property for the Facility
where Applicant will conduct applied and developmental research and testing to determine the
qualities of already manufactured materials or materials used in the manufacturing of a prototype.
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