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1 Ogden City Council Work Session: May 16, 2017 PROPOSED AMENDMENT TO THE SOUTHEAST OGDEN COMMUNITY PLAN Purpose of Work Session: To review the proposed community plan amendment Planning CommissionRecommendation Approval the amendment (8-0) Executive Summary A petition was initially submitted by Chris McKay to amend the Southeast Ogden Community Plan to expand the R-5 (Residential Multi- family) zone for the development of a student housing facility. The proposed facility would encompass four properties near the corner of 3850 Harrison Boulevard. The initial petition to amend the community plan was accompanied by a petition to rezone the same properties for the development of the facility. Since the initial petition was filed, Mr. McKay has dropped out of the petition process for the community plan amendment and the rezone. In Mr. McKay’s place, Mr. Daniel Stevens has picked up the petition and is now requesting the amendments. There are three actions Mr. Stevens is requesting for the development of the student housing facility: an amendment to the Southeast Ogden Community Plan (this item), a rezone with a conditional overlay (CO) that would narrow the scope of what could be done if the rezone is approved, and the creation of a definition for ‘Student Housing’ that would be added to the City’s zoning ordinance. While Mr. Stevens is requesting all three changes, each item needs to be reviewed and considered on its merits as each item may have other impacts beyond just the student housing project itself. Background In April 2016, Chris McKay submitted a petition to amend the Southeast Ogden Community Plan to allow the expansion of the R-5 zoning and the option of an R-5/CO zoning designation near the corner of 3850 Harrison Boulevard. As part of the petition, a rezone to R-5 was requested for the subject properties. The properties included in the initial petition were 3785 Harrison Boulevard, 3801 Harrison Boulevard, 3805 Harrison Boulevard, 1176 East 3850 South, 1164 East 3850 South, and 3778 Brinker Avenue. The Southeast Ogden Community Plan already allows the option of an R-5 zone on property directly fronting onto Harrison ---PAGE BREAK--- 2 Ogden City Council Work Session: May 16, 2017 Boulevard (3785, 3801, and 3805 Harrison Blvd.) but does not allow for the R-5 zoning on the properties on 3850 South or Brinker Ave. The petition, if approved, would allow for the option of a rezone to R-5/CO (Conditional Overlay) on the subject properties. The conditional overlay zone is meant to set limits on what could take place within the R-5 zone regulations if the rezone were to be approved. Although the initial petition was filed in April of 2016, a number of delays have caused the consideration of the item to be held back. The Planning Commission considered the community plan amendment item at a special meeting on May 18, 2016 and forwarded a recommendation of approval to the Council with a vote of 8-0. While the Commission made the recommendation on the community plan amendment, the actual rezone itself went through a series of subsequent Planning Commission meetings before a recommendation was given. The community plan amendment was reviewed by the Commission in the context of the changing nature of Harrison Boulevard, in light of changes that have taken place in the community, and in the context of the proposed student housing development. As a result, the community plan amendment recommended by the Commission included a series of standards that would need to be met for a rezone to be approved. The discussion regarding the development itself, the site design, project size, and issues with the development agreement were discussed by the Planning Commission in meetings throughout the remainder of 2016 with the rezone petition. Because the petition to amend the community plan and the petition to rezone the property were closely connected, both items were tracked together and were not formally forwarded to the City Council until the Commission had made a recommendation on both items. A recommendation on the rezone was made by the Commission on February 1, 2017. As the Planning Commission reviewed the proposed community plan amendments, a number of issues were identified. Although the community plan amendment was closely tied to the rezone and the project proposal, the Commission reviewed a number of General Plan goals, objectives, and strategies that are used to guide amendments to the City’s General Plan and Community Plans. These generally included goals for allowing increased density, allowing new housing and higher densities while avoiding “cookie cutter” or conventional architecture and design, and supporting infill development. In addition to these General ---PAGE BREAK--- 3 Ogden City Council Work Session: May 16, 2017 Plan goals and objectives, a number of land use policies, also included in the City’s General Plan, were reviewed to help guide any potential rezone that would be allowed for in a community plan amendment. The land use policies referred to in the Commission’s review included looking to create definite edges and buffering uses, having the zoning reflect the prevailing character of the area, ensuring future development reflects the character of the neighborhood, avoiding isolating neighborhoods, and encouraging developers to provide attractive entrances and signage. The goals, objectives, and strategies included in the General Plan are meant to provide higher-level guidance on general City needs while the land use policies are intended to guide more targeted land use and zoning decisions. The Planning Commission report attached to this memo goes into further detail on each of these issues. As a result of reviewing all of the applicable elements in the General Plan, the Planning Commission forwarded a recommendation for amendments to the Community Plan that takes into consideration the nature of the area and the changes that have taken place there as well as the potential impacts from a specific development proposal that was associated with the petition to rezone. The proposed amendments would allow for an expansion of the R-5 zoning but would only allow for the R-5 zoning to be done with a conditional overlay. The conditional overlay would apply to any development proposal on the property and would limit the scope of what could be done on the property. Current Proposal The proposed amendments forwarded to the Council for the Southeast Ogden Community Plan would add language to section 3.E of the plan and would apply to the following properties: 3785 Harrison Boulevard, 3801 Harrison Boulevard, 3805 Harrison Boulevard, 1176 East 3850 South, 1164 East 3850 South, and 3778 Brinker Avenue. Further, the amendments would allow for an R-5/CO (Conditional Overlay) zoning on those properties and would require the following: No access on Brinker Avenue permitted, A building on the site needs to be oriented to Harrison Boulevard, Heavily landscaped/bermed setback of sufficient distance shall be provided along Brinker Ave./3800 South frontage All required parking shall be underground ---PAGE BREAK--- 4 Ogden City Council Work Session: May 16, 2017 When a property is rezoned with a conditional overlay, a development agreement is drafted and approved as part of the rezone. The conditions included in the community plan amendment are meant to guide the drafting of that development agreement which formally incorporates the conditions into the overall design of the project. The approval of the rezone with the conditional overlay/development agreement should be consistent with the conditions included in the community plan amendment. Planning Commission The Planning Commission reviewed the petition at the May 18, 2016 meeting and forwarded a recommendation of approval with a vote of 8-0. The Commission’s findings were based on changing conditions to the portion of the Southeast Ogden community and the finding that the amendments were consistent with the community plan zoning policies. Public Comments A number of comments were received at the Commission’s May 18, 2016 meeting. The transmittal document included with this memo details the comments received at that meeting. In addition, other comments the City has received by other means have been included as attachments this memo. Issues for the Council Land Use Policies and Objectives The Council’s decision to amend the City’s General Plan or Community Plans should be based on several factors. First, there are general policies and objectives specific to land use and community development that should be taken into consideration. These guiding principles are typically based on the best planning practices of communities nationwide. These policies are reviewed and discussed in the Planning Commission’s report attached to this memo. In addition to these land use principles and goals, the Council should take into consideration the changing nature of the community, the future needs of the City, and what is best generally for the community. Land use principles should be a guide for the Council, but amending or adopting a general plan or community plan is one of the primary roles of the legislative body and can be based on what that body feels is in the best interest of the community. The Council needs to balance the changing nature of the area as well as the needs of the City with the desires of the residents to maintain the existing land uses and development patterns. ---PAGE BREAK--- 5 Ogden City Council Work Session: May 16, 2017 Recommended Conditions In addition to the land use policies and other guiding principles discussed above, the Council should pay particular attention to the conditions proposed with the community plan amendment. The Planning Commission’s recommendation included a number of safeguards that are intended to limit the impact of any potential future development. The Council should take note that when the initial recommendation was made regarding the community plan amendments, the proposed development was substantially different. Toward the beginning of the review process, the proposed development was larger both in physical size and with regard to the number of proposed units. The site layout was different and arguably potentially more impactful than the proposal included with the conditional overlay rezone forwarded to the Council for consideration. Underground Parking One condition included in the proposed community plan amendment was more closely tied to the development proposed initially and should be considered deliberately in light of the current proposal, and this is the condition that all parking be underground. The condition was developed when the proposed project did have underground parking. The topography of the site and the size of the development allowed for this kind of accommodation. The current proposal, however, is smaller and thus has a smaller site footprint and does not include underground parking. At this point, the proposed site plan forwarded to the Council with the associated rezone and conditional overlay does not meet the proposed amended community plan. The Council will need to discuss the issue of underground parking and determine whether the underground parking condition should be included or if the condition should be amended or eliminated. If the Council determines that the condition requiring underground parking should remain with the proposed community plan amendments, it is strongly recommended the rezone petition not be considered at this time and that the site plan included with the conditional overlay rezone be amended to meet this condition. If the Council feels that this condition is not necessary, the Council may amend the Planning Commission’s recommendation accordingly. ---PAGE BREAK--- 6 Ogden City Council Work Session: May 16, 2017 Questions for Administrative Staff 1. Please provide background on the R-5 zoning and the zoning history of the area, including the properties fronting onto Harrison Blvd. north of 3850 South. 2. Please provide a timeline of the petition process and the Planning Commission’s review of the petition to amend the Community Plan. 3. Please discuss how the proposed development has changed over time and how the changing proposals have influenced the conditions included in the Planning Commission’s recommendation. 4. Please discuss the underground parking condition. Was this condition included with the initial development site plan? What were the reasons for this requirement and is there a recommendation from Administration on whether the condition should remain in place? 5. The amendments to the Community Plan do not specifically limit development to a student housing facility. What other potential development could take place in the area with the proposed R-5/CO zone option? Attachments 1. Transmittal 2. Ordinance a. Exhibit A – Proposed plan amendments 3. Planning Commission Report 4. Petition 2016-2 5. Vicinity Map 6. Pictures of the subject properties 7. Correspondence received regarding the proposed amendments Council Staff Contact: Glenn Symes, AICP (801) 629-8164 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK---