CITY OF LOGAN ORDINANCE NO. 04-29

AN ORDINANCE AMENDING THE ZONING MAP OF LOGAN CITY, UTAH

BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF LOGAN, STATE OF UTAH AS FOLLOWS:

SECTION 1: That certain map or maps entitled "Zoning Map of Logan City, Utah" is hereby amended and the following property is hereby zoned from Commercial Neighborhood (CN) to Multi-Family High - Planned Development (MFH-PD) as follows:

TIN #'s: 02-064-0011 (abandoned trail portion), 02-064-0012, 02-064-0016, and 02-064-0019.

Also identified as "River Crossing Rezone," approximately 5 acres located at approximately 222 West Golf Course Road.

SECTION 2: That certain map or maps entitled "Zoning Map of Logan City, Utah" is hereby amended and the following property is hereby zoned from Commercial Neighborhood (CN) to Recreation (REC) as follows:

TIN #'s: 02-064-0011 (golf course portion) and 02-064-0003.

Also identified as "River Crossing Rezone," approximately 2.9 acres at approximately 250 West Golf Course Road.

PRESENTATION TO MAYOR

The foregoing ordinanc1 ';:'~ presented the Logan Municipal Council to the Mayor for approval or disapproval on the [M_ day of ___,,_,,,.L..b,<t-4,l-'b-f-:="-"-,2' 2004 .

. Thompson, ~air

MAYOR'S APPROVAL OR DISAPPROVAL

~ The foregoing ordinance is hereby«tr;,~ this l~ of

. ,,4(/,2004. ~~

~~

J

DATE:

FROM:

SUBJECT:

DEPARTMENT OF COMMUNITY DEVELOPMENT 255 ORTH MAIN STREET, LOGAN, UTAH 8432 1 D435-71 6-9020 D FAX435-7 16-9001

April 13, 2004

Michelle N. Mechem, Planner II

River Crossing Rezone

Summary of Planning Commission Proceedings Project Name: River Crossing Rezone Project Address: Approximately 222 West Golf Course Road Request: Rezone to Multi-Family High Planned Development (MFH-PD); and

Rezone to Recreation (REC) Current Zoning: Commercial Neighborhood (CN)

On April. 8, 2004 the Planning Commission unanimously recommend a rezone of parcels 02-064-0011 (abandoned trail portion), 02-064-0012, 02-064-0016, and 02-064-0019 from Commercial Neighborhood to Multi-Family High - Planned Development. The proposed rezone would give the proponent the ability to develop these parcels in conformance with the site development standards for the Multi-Family High zoning district, without including a commercial component. Under the current Conm1ercial Neighborhood zoning the proponent could develop the parcels at a multi-family high density, but would be required to include commercial floor space adjacent to Golf Course Road.

The Planning Commission also recommended unanimously that parcels 02-064~00 11 (golf course portion), and 02-064-0003 be rezoned from Commercial Neighborhood to Recreation. This recommendation would bring the zoning district into conformance with the cuITent golf course use.

Staff has attached the staff report to the Plairni.ng Conm1ission and the minutes of the April 8, 2004 Planning Commi sion Meeting. Staff reconunends that the Municipal Council approve a rezone fo r River Cro sing from Commercial Neighborhood to M ulti-Family High - Plan11ed Development, for prope1ty located at approximately 222 West Golf Course Road (TIN #02-064-001 1 (abandoned trail portion), 02-064-0012, 02-064-001 6, and 02-064-0019).

Staff also recommends that the Municipal Council approve a rezone for property located at approximately 222 West Golf Course Road (TIN #02-064-00 11 (golf course portion), and 02-064-0003) from Commercial Neighborhood to Recreation.

Attachments: Planning Commission Minutes from April 8, 2004 Staff Report to the Plaiming Commission April 8, 2004

PL A N NI N G. o Z ON I N G o BU I L O I N G I N S P EC Tl ON

Pat:c l.or l r:t:i-• C:\l)(l,.•1111~,11 ••'-I Setli~ 'o»cn.\fy no..,uncntA\lwv.:ipal Coondro4-0J I m ttUUWnc non.,,&)(

April 8, 2004 Planning Commission Minutes

b. Fire Department - contact Liz Hunsaker 716-9515 1. Fire hydrant location shall be addressed. 2. The building may be required to have a fire sprinkler system. 3. The proponent shall address fire department access.

c. Geographic Information Systems - contact Chuck Shaw 716-9170 1. The proponent shall submit a digital copy of the final site plan in AutoCad or ESRI

compatible format (preferably in ESRI compatible format), which is tied to the City's survey monuments, prior to the issuance of a building permit.

d. Environmental Health Department - contact Steve Larsen716-9760 1. The residents shall use individual containers that will need to be placed along 300 North for

collection.

RECOMMENDED FINDINGS FOR APPROVAL 1. The proposed project has been revised and amended by the conditions of project approval to address

the issues and concerns raised within the public and administrative records.

2. The proposed project has been revised and amended by the conditions of project approval to conform to the requirements of Title 17 of the Logan Municipal Code, the City of Logan Public Worlcs Standards and Specifications, and the requirements of various departments and agencies.

3. The proposed project conforms to the requirements of Title 17 of the Logan Municipal Code.

4. The proposed project is compatible with existing land uses and zoning.

5. The design review permit is issued in conformance with the requirements of Title 17 of the Logan Municipal Code.

6. The design of the project provides architectural style and character that is complementary to the characteristics of other structures in the area and is consistent with General Plan goals to enhance neighborhood character and appearance and the Design Guidelines, Objectives and Policies.

7. The street providing access and other infrastructure to the subject property has adequate capacities, or a suitable level of service, for the proposed use.

8. The proposed use provides adequate off-street parking in conformance with Title 17 of the Logan Municipal Code.

[Moved: Ms. Morgan Seconded: Mr. Robison Passed: _[_,.JU Yea: R. Robison, G. Kartchner, P. Morgan, B. Morgan, G. Wickwar Nay: Abstain:

04-03 l River Crossing. Rezone. River Crossing, LLC, applicant/owner, requests a rezone from the Commercial Neighborhood to the Multi Family High Planned Development (MFH-PD) zone at approx. 222 West Golf Course RoaJ. TIN#02-064-001 l, 0012, 0016.

STAFF: Staff reviewed the report as written.

Ms. Wickwar asked about the two Tax ID numbers that end in 011 that are not attached to each other.

11 of 14

\ .

April 8, 2004 Planning Commission Minutes

A discussion took place regarding the two different 011 'sand the zone each of them are recommended to be rezoned to.

Ms. Wickwar asked about calculating the stream in the density.

Ms. Mechem stated it is owned and has a TIN.

Mr. Housley stated we do not want to own river bottom and do not want the responsibilities. Mr. Spicer owns it and we' II count it.

Mr. Kartchner asked ifhe could build over the river.

Mr. Kerr stated the PD overlay gives the Planning Commission more authority.

Mr. Housley stated nothing can be built over the river without the State's approval.

A discussion took place regarding density and the Planning Commission's authority.

PUBLIC: Joylyn Nelson. Spokesperson for the neighborhood. The homeowners are against the rezone. The Neighborhood Commercial was put in place for a reason. She is concerned about the traffic on Golf Course Road and the speed of traffic. This project will be pushed to the highest density possible including the river bottom. 20 new single family dwellings and 30 some single family dwellings are being built adjacent to this project. She is concerned with the parking for the walking trail. She thinks Logan has plenty of apartments.

COMMISSION: Mr. Kartchner stated when they zoned it CN, there was some logic to it. Why was the Planning Commission wrong back then?

Mr. Nielson stated there is another issue here, it is not why is it wrong, this land has been vacant for eight years and no one has stepped forward. This is too close to another commercial area.

Mr. Kartchner stated it looks like we are rezoning for a particular area. Why don't we look at a larger area and look at the whole package. This looks like a spot zone.

Mr. Nielson stated we will recommend those changes during the general plan.

Ms. Mechem stated you are not changing the density on this property, just the requirement for a commercial component.

Ms. Wickwar asked why multi family high.

Ms. Mechem stated it is the highest residential adjacent property.

Mr. Kartchner asked about a traffic light.

Mr. Ron Johnson stated there is a traffic study in the works.

Ms. Wickwar asked about the property being zoned in the past. Surrounding property owners felt protected from multi family by the Commercial Neighborhood. She asked about the Golf Course property being zoned to REC.

12 of 14

April 8, 2004 Planning Commission Minutes

Ms. Mechem stated we are getting the zone in line with the use.

Mr. Kartchner asked about 0003 being deeded to the City as part of the golf course.

Mr. Kerr stated the Golf Course was built on land the City didn't own.

Mr. Housley stated he will have to deed 0003 to the City to achieve what he wants for a future project. The Planning Commission did not have any input on the prior agreement.

MOTION: Moved to recommend the rezone to the Municipal Council.

[Moved: Ms. Wickwar Seconded: Mr. Kartchner Passed: _i_,_Q_J Yea: R. Robison, G. Kartchner, P. Morgan, B. Morgan, G. Wickwar Nay: Abstain:

04-026 Land Development Code §17.42. Repeal. City of Logan, applicant, proposes a text change to the Logan City Land Development Code Chapter 17.42: Accessory Dwelling Units. The proposed text change would repeal Chapter 17 .42. Once repealed, no new Accessory Dwelling Units would be permitted in the City of Logan. In addition, Chapter 17 .30: Residential Zoning Districts would be amended to remove all reference to Accessory Dwelling Units. Reference to Accessory Dwelling Units would also be removed from Chapters 17.07: Residential Use Categories, 17.14: Residential Zoning District Uses, and 17.39: Landscaping.

STAFF: Staff reviewed the report as written.

Mr. Kartchner asked about grandfathering when the owners sells and a new owner moves in. The activity is grandfathered, not the land.

Ms. Mechem stated that is up to the Planning Commission to approve a new owner to continue the ADU. Current code does not allow an automatic continuation.

A discussion took place regarding the rights of the new owner.

Mr. Housley stated the owners relied on the code at the time they installed the ADU. The new owner could ask for the use to be grandfathered upon application for an Accessory Dwelling Uni~.

PUBLIC: Gary Joy. If the property is put into a family trust, all are owners, then anybody in the trust could pass it around. There are two ADU's in his neighborhood, one is going to be sold. He is in favor of the repeal.

Mr. Kartchner stated the very reason this is here tonight is because of public input.

Paul Hoth. He is in favor of the repeal.

Mr. Kartchner stated we are repealing this ordinance tonight, but there could be a different form of this ordinance in the future. We li'lpe the public will be here to help craft that ordinance.

MOTION: Moved to recommend the repeal to the Municipal Council.

(Moved: Mr. Kartchner Seconded: Mr. Robison Passed: _i_,_Q_J Yea: R. Robison, G. Kartchner, P. Morgan, B. Morgan, G. Wickwar Nay: Abstain:

13 of 14

REPORT SUMMARY ... Project Name: Proponent: Owner: Project Address: Request: Current Zoning: Type of Action: Staff Recommendation:

PROJECT

Staff Report for the Planning Commission meeting of April 8, 2004

PC Docket #04-031

Zoning Amendment for River Crossing at approximately 222 West Golf Course Road

TID #02-064-0011, 0012, 0016

River Crossing Rezone River Crossing, LLC Jerome Fickas and Bridgerland Group LC Approximately 222 West Golf Course Road A Rezone to Multi-Family High - Planned Development (MFH-PD) Commercial Neighborhood (CN) Legislative (rezone) Recommend approval ofrezone to MFH-PD

The proponent is requesting a rezone from Commercial Neighborhood (CN) to Multi-Family High -Planned Development (MFH-PD) on property at approximately 222 West Golf Course Road. Only three tax ID numbers were included in the rezone application; 02-064-0011 (owned by Logan City), 0012, and 0013. However, parcels numbers 02-064-0019 and 02-064-0003 are also zoned Commercial Neighborhood and owned by the proponent. Parcel number 001 1 is split. One portion contains the eastern edge of the Logan River Golf Course and the other portion runs adjacent to parcel number 0012 and contains an abandoned section of the Logan River Trail. The proponent has been in negations to do a land trade with the City to acquire the trail portion of parcel 0011. In addition, the City would regain a portion of the golf course that is located on the proponent's property.

Staff is recommending that in addition to recommending a rezone of the proposed parcels, 02-064-001 1 (abandoned trail p01tion), 02-064-0012, and 02-064-0013 to the MFH-PD zoning district that parcel number 02-064-0019 also be included in the rezone recommendation to the MFH-PD zone. In addition, staff is recommending that parcels number 02-064-0003 and 02-064-0011 (golf course portion) be recommended for rezone into the Recreation (REC) zoning district. Figure one shows the parcel numbers

~ ~ and current zoning ~f the parcels 2 J J,~J recommended for rezorung. <--)19400, J y ~ History

The Planning Commission reviewed a rezone for this area from Commercial Neighborhood to Multi-Family High in the fall of 2002 and recommended approval of the rezone (02-064-0012, 0019, 0016, and 0003) to the Municipal Council. The Council chose to not bring the rezone forward to a public hearing from the workshop, as three

C:\Documems and Scnini,,s\uscr\My Documcnts\Staff Rcports\04-031 ri,·cr cross rezone.doc

Staff Report for the Planning Commission meeting o f April 8, 2004 Michelle N. Mechem, Page 2

PC Docket # 04-031 , River Cr S$ing Rezone, Approximately 222 \'</c$t Golf Course Road

council members opposed the rezone. Since that time the proponent has continued to work with staff on a mixed use project for the property. Because of the physical constraints of the property (Logan River and mature vegetation) and the requirement that any residential development in the CN zone must be accompanied by commercial development adjacent to Golf Course Road (the Land Development Code allows residential development in the CN zone only as part of a commercial development; commercial uses must be provided directly adjacent to the street) neither the proponent nor staff have been satisfied with either of the proposals for this property.

Prior to the rezone proposal in 2002 this property was rezoned from RJA, which allowed structures containing not more than four units to the Commercial Neighborhood as part of the City-wide rezone in 1996. Dwing the 1996 City rezone, the Planning Commission and City Council considered this part of the southwest neighborhood carefully, with the Council ultimately zoning this property Commercial Neighborhood. The Planning Commission had recommended zoning this property Recreation. According to the findings accompanying the rezone, the Council based its decision on "the fact that many uses within the CN zone are focused on office and small retail business" (finding 19). Finding 19 goes on to say that" ... the Council finds that it would consider a change of zoning to a more intense district as part of a complete development package that provides mutually beneficial development to the City and proponent for this property." If the rezone was approved, and a multi-unit residential project was proposed, the Planning Commission wou ld review the project' s site layout and building architecture to ensure compliance with the Design Review Guidelines.

Rezone to MFH-PD The combined four parcels (02-064-0011, 0012, 0016, and 0019) are approximately 5.43 acres (according to the proponent), a survey will be required of the property to determine the exact acreage when a development proposal occurs on the property. Using the above acreage, on a gross land basis, this rezone would allow a maximum of approximately 76 residential units, although the practical considerations of constructing and locating driveways and buildings wiU result in fewer units. The Planned Development overlay would allow the Planning Commission the discretion to adjust the site development standards during the design review process to ensure that the sensitive lands on this property, including the Logan River, are preserved.

Spot-zoning and Neighborhood Compatibility Land immediately to the east of the subject property (across the Logan River) is zoned Commercial General, and the CG zone extends east along Golf Course road to Main Street. The land to the north of the property is zoned Multi­Family High, with Riverwalk Apartments on the western side of Riverwalk Parkway, and Commercial Neighborhood on the eastern side of Riverwalk Parkway. To the north and west beyond the Riverwalk Apartments, land is zoned and developed as single family housing. Land to the south and west south of Golf Course Road is zoned Recreation and is the Logan River Golf Course. Figure 1 illustrates the zoning in the area.

From a planning perspective, consideration of spot-zoning takes into account a community' s general plan. In this sense, the purpose of

(:\Documents and $cttings\ uscr\ My Documcnts\:taff Rcports\04-03'1 river cross rezone.doc

Staff Report for the Planning Commission meeting of April 8, 2004 Michelle N. Mechem, Page 3

PC Docket #04-031, River Crossing Rezone; Approximately 222 West Golf Course Road

avoiding spot-zoning decisions is to ensure that general plan goals and policies are met and to avoid negative impacts to the public. If a rezone is approved in accordance with the general plan, even if it is only one parcel or creates an "island" zone, it is not necessarily considered spot zoning, as long as the rezone complies with the general plan and is not detrimental to surrounding property owners.

Although there is no statutory reference to spot zoning in Utah State law, the University of Utah Center for Public Policy and Administration's publication Planning and Zoning Administration in Utah generally discusses spot-zoning on page 11-13:

Size of the parcel is not the only criterion for designation [as spot-zoning]. The zoning of relatively small areas to provide for the general welfare and not for a specific benefit to one owner, or area, but rather in compliance with a comprehensive land use plan, is not considered spot zoning. Conversely, relatively large areas that are zoned in a manner contrary to the general land use plan, or such that only a few private interests are being singled out and given special consideration, may be held to be spot zoning.

Staff does not feel that this proposed rezone would result in a spot-zone. Staff also does not feel that there are neighborhood compatibility issues with the proposed rezone, based on the existing adjacent land uses. If a rezone was approved, and the proponent subsequently submitted a proposal for residential units, the Planning Commission would review the proposal as part of the Design Review process. As part of this review, staff feels that this particular property would raise some design issues that would have to be addressed. For example, the property contains several existing mature trees that staff would hope to see preserved.

General Plan Issues The Logan General Plan states that "[o]ne of the critical issues raised during the development of the General Plan centered on the diversity and availability of housing." (General Plan page 3-37). The General Plan also discusses the need for housing that serves "several distinct constituencies", from upper to lower income families to students and industrial service workers (General Plan pages 3-37 to 3-39). While the General Plan discusses the need for affordable housing in greater detail, it also calls for the City to work with "regional service agencies and private developers in providing opportunities for affordable housing for all housing groups." (General Plan page 3-39).

The General Plan includes infill projects as one of the main ways to provide additional housing in Logan. This particular rezone request is an infill project, as it would add additional housing to an already developed area.

The General Plan describes the Southwest Neighborhood as "an area in transition" with residents the "most concerned about the increase in multiple family residential dwellings and the lack of ownership opportunities in the area." (General Plan page 3-30). The General Plan states that "[n]eighborhood groups have been interested in seeing an increase in stable residencies in the area ... more ownership opportunities. There is concern about the appearance of the neighborhood in terms of general building design and the dominance of multi-family units over the single homes" (General Plan page 3-30). If multi-unit dwellings were proposed, they would require a Design Review permit that would address the project's appearance and site layout.

General Plan Implementation Measure LU-4.l(a) states that "[w]hen considering applications for changes of zone, the City shall consider the appearance and character of the neighborhood and the impact of the proposed change in land use. Emphasis shall be placed on ensuring that new development or

C:\Documenlll and Sc11ings\user\My DOC\lmenlll\S1aff Reports\04-031 river aoss iezone.doc:

Staff Report for the Planning Commission meeting of April 8, 2004 MicheUe N. Mechem, Page 4 PC Docket #04-031, River Crossing Rezone, Approximately 222 West Golf Course Road

expansion of existing development enhances or improves character in a neighborhood." (General Plan page 3-31 ). If a rezone is approved, the Planning Commission would review any proposal for multi-unit housing through the Design Review process.

Rezone to REC Staff is recommending a rezone of the golf course portion of parcel number 02-064-0011 and all of parcel number 02-064-0003 to the REC zoning district. This rezone is supported by the fact that the Logan River Golf Course is located on both of these properties. The General Plan states that Recreation zone is intended to be applied to publicly owned recreation and park facilities (Logan City General Plan 3.1.05). The majority of the golf course is currently zoned REC.

AGENCY AND CITY DEPARTMENT COMMENTS No comments were received from City departments.

PUBLIC COMMENTS Notices were mailed to 18 property owners located within three hundred feet of the subject property. At the time the staff report was prepared, no comments had been received by the Department of Community Development.

STAFF RECOMMENDATION Staff recommends that the Planning Commission approve a motion to recommend that the City Council approve a rezone for River Crossing from Commercial Neighborhood to Multi-Family High - Planned Development, for property located at approximately 222 West Golf Course Road (TIN #02-064-0011 -abandoned trail portion, 02-064-0012, 02-064-0016, and 02-064-0019).

Staff recommends that the Planning Commission approve a motion to recommend that the City Council approve a rezone for property located at approximately 222 West Golf Course Road (TIN #02-064-0011 -golf course portion, and 02-064-0003) from Commercial Neighborhood to Recreation.

RECOMMENDED FINDINGS The Planning Commission bases its decision on the following findings supported in the administrative record for this project.

1. The location of the subject properties is compatible with the purpose of the new zoning districts.

2. The subject properties are suitable for development within the new zoning districts without increasing the need for variances or special exceptions.

3. The subject properties are suitable as a location for all of the permitted uses within the districts.

4. The infrastructure providing access and utility services to the subject properties have adequate capacities or a suitable level of service for the permitted uses within the zoning districts.

5. The subject properties when used for the permitted uses in the districts will not be incompatible with adjoining land uses or the purpose of the adjoining districts.

Respectfully submitted,

Michelle N. Mechem Planner II Report Published: April 1, 2004

This staff report is an analysis of the application based on adopted city documents, standard city development practices, and available Information. The report Is to be used to review and consider the merits of the appllcatlon prior to and during the course of the Planning Commission meeting. Addltlonal Information may be revealed by partlclpants at the Planning Commission meeting which may modify the staff report and became the Certlficate of Decision. The Director of Community Development reserves the right to supplement the material in the report with additional Information at the Planning Commission meeting.

' -

PROOF OF PUBLl CATl O -t-,~.

ST.ii,TE OF UTAH COUbJTY OF CACHE, s: .•

I

On 1his .~Q~J:1. doy cii .. Ap:i;-;i.l. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A .D. 2PQ4 · · ·

. pers onolly appeo red before me .. B.~~l).~J.,1.e:. S., .. Thomas .... . ... . ... ; .... .. who being iirs1 dul11 sworn,

deposes a nd soys th ol she is ihe·chief clerk oi the Cache Volley Publ ishing Co., publishen of The Hero ld Journol

o doil11 newspa per published in Loga n, Cily, Cache County Utah, and th o1 the adveriisemeni . . .. . .. ,. , . · · · · · · · ·

. . ~o;qc;;~ .. QF:. f~ J;.;IG -~~ . ..... . . ....... .... · · · · · NOTIGE OF PUBLIC

HEARING ..

The LQgan Mu'nicipal · · · · · · .. ... .. ... ... . .. .. , . ... . .. . .... ~ · · · · · · · · · · · · · · · · · · · · Coul'\cil will holi::l public

..... • . . .... . .... .. . ... . . .. . . .. .... ... .... . . . .. .

. .. ....... . --.... . - .... .. . ... - .. ... . ... ..... ... .

o copy of w hi ch. i_s he reto c ttoche~, was pub°Jishe~ in said

ne wspoperfo r . . . . Qr:i~ .. (JJ . . :i.$91).~ . ..••.. . ....• ...

. .... . . .. commencing . . ~P.:r;t~ .. ~o, .. 499~ ...... e nd

e nding .. . .. . ~P.r::\) . . 2P,. ?,.~Q~. ~ ~ - ... · . . -~ . . .

Signed . . ~.S .. ~~---Subscribed and sworn io before me, the doy a nd )'Ear

Signed .... . ... ~ .£.. ...... .. : .. _a bove written. If · . ~

. N otary Public.

My Commission expires .. : . . . ·. Se.p.temb.er;. 7. 20.07. ..

Notary Ptrolic * State of Utah CYNTHIA K FULTON a2o West 13.10 Nontt

Logan, UT 84341 My Comm. Exp. September 1, 2007

hearings to consider the following: 1 • •

1. River Crossing Re­zone. River Crossing, LLC, app.licaot/owner, requests rezone for_

, prqperty at 22 •West . Golf Course Roao • from Commercial Neighborhood (CH) to, Multi-Family · . - Hig'1 Planned Development (MFH-PD) on aban- . doned trail portion' (TIN 02-064-0011 , 0012, 0016, 001~; and from Comml,\rc,al Neighborhood (Cf\j -"to Recreation (REC) qr;i

lgolf , course portion (TIN 02-064-0011 , 0003):,

2. Land .. , Development Code H.42. Repeal. City· of· Logan, appli­cant, proposes a text change to the Logc1n City ' Land Develop-ment Cooe Chapter 17.42: Accessory Dwelling Wnits. . The prog.osed text chc:inge would repeal Chapter , ~7.42. .•• One~ i,re,- \ . pealed, no,l)ewA cces- • sor;y Dwelling Units •W0lJld be permitted in I

ttie City of Logan. In addition, Chapter 17.30: Residemlal Zoriing Districts would be amended to re­ll)OVe all. reference to Acbessory Dwelling .

• Units. Reference to Accessory Dwelling . Units would also be removed from Chap- . ters 17.07: Residential Use Categories, 17.14: Residential Zoning District Uses, and 17 .39: Landscap­Jng_.

3. Land Jvelopment Code 17. 5. City of Logan, a ,Plicant/own­er, requ sis a text change t the Land Development Code NEW· Chapter 17.45: Telecomcnunications Facilities and.. Chap­ters 11.10; 17.14, 17.15, 17.17, 17.18, 17.20, 17.21 , . and 17.62, regarding tele­communications facili­ties.

Public hearings will be held before the Logan Municipal Council on Tuesday, May 4, 2004, not before 6:15 p.m., in the Council Chambers at 255 North Main Street, Lo­,gan, Utah. 1.nterested cjtizens are 1nv1ted to attend.

Lois Price, A/corder

Publication elate: April 20, 2004

(CrvH)

PROOF .OF PUBLl CA TtO -t\~.

S1 /.i,TE OF UTAH

COUI\JTY OF CACHE, ""·".

On this . ?:t.Q. do)' of .. .. JJ.me . . . . . . . . . . .. . . . .. .. . ....... · , , , , · · · · · · · · · · · · · · · · · · A.D. 2.QQ4 .. .

. personally appeared before me .. );t.c!~l:1~.~1~. -~ • . . ';['hQl]'l?~ . .. . . . .. ... . : .. . .. . who being firs1 dul)' sworn,

d eposes ond soys t ho1 she is 1he·chief cl e rk of the Cache Vol ley Publ ishing Co., publishers of The He rold Jo urn al

o do il ,1 newspaper published in Logan, Ci ty, Cache Count)' Utah , 1;1nd that 1·he od vertisemeni . . .. . .. ,. , . .. . ... . . Legal Notices~L,--~!

LEGAL NOTICE - . .. .. . ..... - . . . . . . .. .. ... . . .......... - . .. .. ..... . .

: .. ~Qc;;~ .~J;QPAL. ~QW~.LL .. .. . . . ... . .. . . . .. .

' • o • 4 1 • Io o , o o • o • o o o o t oo ,, Io O o o O • O o o,, 0 o,, o O o O : • • •

_SUMMAR ' NANCE

the ·. Logan - . .... . . . .. ..... .. ..... .. . . ...... . . . ...... .. .. ... .

o copy of which_ i_s hereto attoche?, w as pubiished in said ·

newspa per to~ . . . OD~ . . Cl) .. :issue . . . . .. .. . . .. ... . .

. . . . . . . . . commencing .. . )~..lfli~ , ? , .. ~Q9~ ... . .. and

e~ding . .. · . .. }~~- J., .. ?994 .... . :-... ~ ...

S1gned~.S-~~---

Subscribed and sworn t o before me, the day and year

My Commission expires . . : . . : . Se,PteiJlb.~:i:-. 7 , 20.07. . .

Notary Public * State of Ulah CYNTHII\ K FULTON 320 West 1330 North ·

Logan, UT 84341 My Comm: _Exp. September 7, 2007