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PLNZAD2019-002031 March 20, 2019 ADMINISTRATIVE INTERPRETATION DECISION AND FINDINGS PLNZAD2019-00203 REQUEST: A request by City Storage Systems, LLC for an administrative interpretation to confirm that their intended use, described below is permitted by right as a “Commercial Food Preparation” land use. DECISION: The Zoning Administrator finds that the operation described below, provided by City Storage Systems, is considered a “Commercial Food Preparation” land use. BACKGROUND INFORMATION: The proposed use, to be called Cloud Kitchens, would operate as a facility with multi-tenant kitchen users that would produce food for the food delivery market. Cloud Kitchens would lease turnkey space to restaurants and commissary brands fulfilling online food orders while Cloud Kitchens would operate and maintain the facility with onsite staff. Each facility would contain an average of 25 individual kitchen units. Each kitchen would be equipped to operate autonomously, with shared common storage areas. The prototype kitchen would be approximately 200 square feet. Each facility would operate 24 hours per day and 7 days a week. Cloud Kitchens would be optimized for food delivery. Cloud Kitchens would provide staff for logistical restaurant operations, for receiving of products and the delivery of the finished orders to drivers. FINDINGS: The following findings related to this use interpretation were made according to Section 21A.12.050, Standards for Use Interpretations: A. Any use defined in chapter 21A.62 of this title, shall be interpreted as defined; Finding: Section 21A.62.040, Definitions of Terms, of the Salt Lake City Zoning Ordinance, defines “Commercial Food Preparation” as: COMMERCIAL FOOD PREPARATION: A facility in which food is processed or otherwise prepared, primarily for off-site consumption and/or sales. Facilities may be shared among various food processors, producers, or preparers. Uses may include, but are not limited to: commissary kitchen and catering. 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; 2 Finding: Section 21A.33, Land Use Tables, of the Salt Lake City Zoning Ordinance, shows “Commercial Food Preparation” as a permitted land use in the following zoning districts:  Residential Districts: RB, R-MU-35, R-MU-45, R-MU and RO  Commercial Districts: CN, CB, CS, CC, CSHBD and CG  Transit Station Area Districts: TSA-UC (Core), TSA-UN (Core), TSA-MUEC (Core and Transition) and TSA-SP (Core and Transition)  Manufacturing Districts: M-1 and M-2  Downtown Districts: D-1, D-2, D-3 and D-4  Gateway District  Special Purpose Districts: BP and MU  Form Based Districts: FB-UN2, FB-SC and FB-SE 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 purpose for this Administrative Interpretation is confirm that the proposed use, Cloud Kitchens, is considered a “Commercial Food Preparation”. The applicant has provided evidence that the proposed land use is consistent with the definition of “Commercial Food Preparation”. A building permit may be necessary when a location is found for the land use, in which case building plans must be reviewed for compliance with the zoning standards and approved by the Building Services Division. 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: The use as described is most similar to “Commercial Food Preparation”, which is a permitted use in the zoning districts listed above. 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 21A.54 of this title; Finding: As noted above, the use as described is most similar to “Commercial Food Preparation”, which is a permitted use in the zoning districts listed 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 “Commercial Food Preparation” land use was analyzed against the purpose statement of the zoning districts listed above and found consistent with the purpose of each zoning district. If you have any questions regarding this interpretation please contact Katia Pace at (801) 535- 6354 or by email at katia.pace@slcgov.com. 3 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 web site at https://www.slc.gov/planning/applications/ along with information about the applicable fee. Appeals may be filed in person or by mail at: In Person: Salt Lake City Corp Planning Counter 451 S State Street, Room 215 Salt Lake City, UT US Mail: Salt Lake City Corp Planning Counter PO Box 145471 Salt Lake City, UT 84114-5417 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. Katia Pace Principal Planner cc: Nick Norris, Planning Director Joel Paterson, Zoning Administrator Greg Mikolash, Development Review Supervisor Posted to Web Applicable Recognized Organizations EXHIBITS: A. Information Provided by Applicant Exhibit A – Information Provided by Applicant