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1 Ogden City Council Meeting: June 13, 2017 AMENDMENTS TO THE SOUTHEAST OGDEN COMMUNITY PLAN Options for the Council include: - Adopt Ordinance 2017-30 approving the plan amendments with Council-directed changes (included) - Adopt Ordinance 2017-30 approving the proposal with further minor amendments - Table the proposal to a date certain, specifying additional information needed - Extend the item without a date certain, specify additional information needed, and direct that the item be renoticed when a date is finalized - Deny the petition, indicating findings for denial Approval of the amendments (8-0) 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. ---PAGE BREAK--- 2 Ogden City Council Meeting: June 13, 2017 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 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. ---PAGE BREAK--- 3 Ogden City Council Meeting: June 13, 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 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. May 16, 2017 The proposed amendments were reviewed at the Council’s May 16, 2017 work session meeting. As a result of the discussions, the Council directed that several changes be made to the language proposed for the community plan amendment. Those changes are highlighted in the next section. ---PAGE BREAK--- 4 Ogden City Council Meeting: June 13, 2017 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: 3801 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: (CS Note: Council-directed changes are shown in red) No Only emergency 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 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. 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. 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. ---PAGE BREAK--- 5 Ogden City Council Meeting: June 13, 2017 1. Vicinity Map 2. Transmittal 3. Ordinance 2017-30 a. Exhibit A – Proposed plan amendments 4. Planning Commission Report 5. Petition 2016-2 6. Pictures of the subject properties 7. Correspondence received regarding the proposed amendments Council Staff Contact: Glenn Symes, AICP (801) 629-8164 ---PAGE BREAK--- Proposed Southeast Ogden Community Plan Amendment and Rezone / 0 100 200 300 50 Feet Published: June 2017 Legend Area of Proposed Amendment and Rezone Roads Parcels Sources: Ogden City GIS Harrison Boulevard 3850 South 38th Street Brinker Ave. R-1-5 P/I R-1-10 (WSU) Area of Proposed Community Plan Amendment and Rezone from R-1-5 and P/I to R-5/CO R-5 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 2017-30 ---PAGE BREAK--- ---PAGE BREAK--- Exhibit A Addition to 3.E. of the Southeast Ogden Community Plan 14. Northwest corner of 3850 S and Harrison Blvd, including 3801 Harrison, 3778 Brinker and 1176 E 3850 South and 1164 E 3850 South two properties that front 3850 South and 3778 Brinker a. Consider an option for R-5/CO b. No Only emergency access on Brinker Avenue permitted c. The building needs to be oriented to Harrison Blvd. d. Heavily landscaped/ bermed setback of sufficient distance shall be provided along Brinker/ 3800 South frontage. e. All required parking shall be underground. (Note: Planning Commission recommendations of May 18, 2016 in black and underlined. Revisions suggested based on council work session in red for clarifying language and strike through of what would be deleted based on timing differences between this recommendation and other recommendation on project.) ---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---