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OGDEN CITY PLANNING COMMISSION 2549 WASHINGTON BOULEVARD OGDEN, UTAH AGENDA SPECIAL MEETING March 15, 2017 5:30 p.m. PLEDGE OF ALLEGIANCE – led by Dave Graf 1. Public Hearing, Petition #2017-7 to Amend the West Ogden Community Plan, to consider C-1/CO zoning option for the area from G to H Avenue on the north side of 27th Street, G to F Avenue on both sides of Binford and H Avenue to I-15 on the south side of Binford. (Attachment A) 2. CBD Site Plan Review, for Ogden Art Garage/Commercial Space at 455 25th Street. (Attachment B) 3. Public Hearing, Petition #2017-4, to Rezone from R-1-10 to R-1-10/12th Street Overlay, property at approximately 1800 East Canyon Road. (Attachment C) 4. Reconsideration, Petition #2017-2, to define and establish requirements for student housing along Harrison Boulevard in the CP-2 and R-5 zones. (Attachment D) In compliance with the Americans with Disabilities Act, persons needing auxiliary communicative aids or services for these meetings should call Ogden City Management Services at 629-8701 (TDD# 629-8949) or by e-mail: [EMAIL REDACTED] giving at least 48 hours advance notice. CERTIFICATE OF POSTING The undersigned, duly appointed City Recorder, does hereby certify that the above notice and/or agenda was posted in accordance with Utah State Code Annotated 52-4-202(3) on this 10th day of March. 2017 in the following places: 2nd floor foyer of the Ogden City Municipal Building; the Utah State Public Notice website, the Ogden City website, and provided to the Standard-Examiner. Tracy Hansen, Ogden City Recorder ---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--- OGDEN CITY PLANNING COMMISSION March 15, 2017 AGENDA ITEM - C Page 1 of 14 Agenda Name: PUBLIC HEARING FOR PETITION #2017-4 TO REZONE PROPERTY LOCATED GENERALLY AT 1800 EAST CANYON ROAD TO BE INCLUDED IN THE 12TH STREET OVERLAY ZONE. Petitioner/ Developer: Mark Shields 1030 Fort Lane Ogden, UT 84404 Requested action: Approval to rezone property located generally at 1800 East Canyon Road (zoned R-1-10) to be included in the 12th Street Overlay zone. Approval to rezone the property to be included in the 12th Street Overlay zone. 1. The rezoning is / is not consistent with the Horace Mann Community Plan. 2. The rezoning is/ is not consistent with the 12th Street Overlay Plan. 3. The rezoning is /is not consistent with the policies outlined in the general plan. 4. The rezoning is/ is not compliant with the 12th Street Overlay zone. 2016 – 12th Street Overlay zone amended regarding residential building heights 2005 – 12th Street Overlay zone adopted 2004 – Horace Mann Community Plan adopted Report by: Clinton A. Spencer, AICP Planning Commission’s determination for action Planning Staff’s Recommended Action Past History ---PAGE BREAK--- OGDEN CITY PLANNING COMMISSION March 15, 2017 AGENDA ITEM - C Page 2 of 14 Vicinity Map ---PAGE BREAK--- OGDEN CITY PLANNING COMMISSION March 15, 2017 AGENDA ITEM - C Page 3 of 14 The applicant, Mark Shields, owns the property in question and is proposing to have the 12th Street Overlay zone applied to his entire property. Mr. Shields’ property is currently located in the R-1-10 zone and includes 8.1 acres of property. The 12th Street Overlay zone presently exists on the southern part of the property, but it does not extend to the north portion of the property. Approximately 5.04 acres is currently in the 12th Street Overlay zone, and the remaining 3.06 acres is being proposed to be included as well with this petition. The applicant is proposing the amendment to facilitate the future construction of a multi-family residential and office development on the lot. In researching the applicant’s request, it also became apparent to staff that other changes could be made in future petitions to the 12th Street Overlay zone to provide a more consistent zoning boundary. These changes include locating entire parcels in the overlay zone to correct situations where split zoned parcels exist. The property to the west of the applicant’s is also only partially located in the 12th Street Overlay zone and is currently developed with townhomes. To the east of the applicant’s property is a power sub-station owned by Rocky Mountain Power which is on a 6.68 acre piece of property and is also only partially located in the overlay zone. In order to fully comply with the 12th Street Overlay zone, both of these properties could be considered for future rezones similar to what the applicant has petitioned for. (See the attached maps below showing the proposed change) PROPOSED CHANGES PROPOSED ALIGNMENT Only the applicant’s property is included in this request. As currently zoned, the applicant’s property allows single family homes with a density of one single family home per 10,000 square feet of property which would allow the development of approximately twenty (20) single family lots. In contrast, applying the 12th Street Overlay zone over the applicant’s entire property would also allow for the following uses: Description of request ---PAGE BREAK--- OGDEN CITY PLANNING COMMISSION March 15, 2017 AGENDA ITEM - C Page 4 of 14 - Recreational activities - Churches, and schools (also allowed in R-1 zones) - Mixed use buildings (residential above retail/office) - Multi-family dwellings - Single family row housing - Sales in buildings 20,000 square feet or less (jewelry, crafts, toys, office supplies, etc.) - Restaurants (no drive-up window) - Services in buildings 20,000 square feet or less (medical office, real estate, wedding reception, etc.) Other regulations pertaining to the 12th Street overlay include specific standards for site design, landscaping, building material and design, and sign design. The overlay zone also prohibits outdoor storage. The Commission is required to review any change to the zoning map and hold a public hearing when a change to the map is proposed. The Commission will need to determine whether or not the rezone is consistent with the policies of the general plan. The key component to this consideration is how the rezoning of these properties relates to the Horace Mann Community Plan and the 12th Street Corridor Plan as well as current land use patterns. Once the Commission takes an action regarding the proposed rezoning, the Commission’s recommendation is then forwarded to the City Council for their determination of the final action the city should take regarding the rezoning. The Planning Commission will need to consider the general plan goals, objectives and strategies that are identified in the general and community plans that pertain to this zone change as well as the zoning ordinance. 1. Consistency with the Horace Mann Community Plan Throughout the Horace Mann community plan it is mentioned that future multi- family housing should be located in the south eastern portion of the community which is situated at the mouth of the canyon. The community plan also allows for canyon gateway uses which include residential, recreational, restaurants, entertainment, retail and other similar types of uses. In seeking the zoning amendment to apply the 12th Street Overlay to the remaining portion of his property, the applicant is considering developing multi- family residential units as well as other office type uses. By rezoning the remaining portion of the applicant’s property to the 12th Street Overlay zone and allowing for What Planning Commission reviews Factors for consideration of action ---PAGE BREAK--- OGDEN CITY PLANNING COMMISSION March 15, 2017 AGENDA ITEM - C Page 5 of 14 multi-family and office uses at the mouth of the canyon the applicant’s proposal adheres to the direction established in the community plan found within the Horace Mann Vision Strategies. The Horace Mann community plan was adopted in 2003. Later, in 2005, the 12th Street Overlay zone was adopted by the city. The overlay satisfies the strategies and policies for the area at the mouth of the canyon as defined within the Horace Mann community plan including standards for building types and specific materials, allowing mixed use type developments, locating new multi-family adjacent to existing multi-family stock, sign design, and providing a transitional development type along Canyon Road leading up to the benches. See the attached map below regarding the future land use options for the area at the mouth of the canyon. 2. Consistency with the 12th Street Overlay zone. The proposed extension of the 12th Street Overlay zone will allow the applicant to develop their property as a whole under the same set of zoning regulations. The original boundaries of the overlay did not include all of the two parcels involved in this request. 16D.C.4.D. Use the vision strategies within the Horace Mann Community Plan (14E.C.4) to define elements essential in the overlay zone development. The provisions of the 12th Street Overlay zone are derived from the standards of the Horace Mann Community Plan, which in this case provides for different types of uses including uses conducive to being located at the mouth of the canyon (i.e. recreational, restaurants, contiguous residential development, building materials). The 12th Street overlay zone directly addresses the strategy of adopting a conditional overlay zone which includes the standards set forth in the Horace Mann plan. ---PAGE BREAK--- OGDEN CITY PLANNING COMMISSION March 15, 2017 AGENDA ITEM - C Page 6 of 14 3. General Plan Land Use Policies 8.E.1 Create a definite edge to a development and buffering between different uses. The proposed rezone will provide a transition between Canyon Road and the single family homes further north. The property still can develop as single family homes as it’s zoning is R-1-10, and the overlay zone provides more options to the property that may be more appropriate along Canyon Road. 8.E.2 The zoning should reflect the prevailing character of the overall area. The majority of the property and surrounding area is already included in the overlay zone. By extending the overlay zone to the northern parcel lines the character of the overall area, and currently split zoned parcel, is maintained. 8.E.4 Zoning should not cut across property lines or developments. Currently the applicant’s lot is zoned R-1-10 and the overlay zone is only applied to the southern portion of the parcel. Extending the overlay to the property lines provides for more consistent development. There is no documentation with the city in regards to why the entire portion of the applicant’s property was not included originally in the overlay zone. 8.E.6. To draw edges on types of uses commercial), the City may choose to use multiple family or professional office zoning as a buffer to the commercial, transitioning the neighborhood from commercial to apartments to single family developments. Extending the 12th Street Overlay zone will allow a transitional buffered area between future multi-family and commercial development along Canyon Road and single family homes. 8.E.11. Discourage small lot developments of multiple density uses. The entire lot to be rezoned is 8.1 acres which provides a suitable are for a quality multi-family/ office development. 4. Nonconformities No nonconformities will be created by the rezoning of the properties to the 12th Street Overlay as no current development exists in the area where the zone is to be extended. ---PAGE BREAK--- OGDEN CITY PLANNING COMMISSION March 15, 2017 AGENDA ITEM - C Page 7 of 14 1. Petition 2. Plat Map 3. Horace Mann Community plan land use map 4. 12th Street Overlay Land Use Map 5. Staff Comments 6. Public notice Attachments 1. Petition ---PAGE BREAK--- OGDEN CITY PLANNING COMMISSION March 15, 2017 AGENDA ITEM - C Page 8 of 14 2. Plat Map ---PAGE BREAK--- OGDEN CITY PLANNING COMMISSION March 15, 2017 AGENDA ITEM - C Page 9 of 14 3. Horace Mann Community Land Use Map ---PAGE BREAK--- OGDEN CITY PLANNING COMMISSION March 15, 2017 AGENDA ITEM - C Page 10 of 14 4. 12th Street Overlay Land Use Map Applicant’s property ---PAGE BREAK--- OGDEN CITY PLANNING COMMISSION March 15, 2017 AGENDA ITEM - C Page 11 of 14 5. Staff Comments ---PAGE BREAK--- OGDEN CITY PLANNING COMMISSION March 15, 2017 AGENDA ITEM - C Page 12 of 14 6. Public Notice (3 pages) ---PAGE BREAK--- OGDEN CITY PLANNING COMMISSION March 15, 2017 AGENDA ITEM - C Page 13 of 14 ---PAGE BREAK--- OGDEN CITY PLANNING COMMISSION March 15, 2017 AGENDA ITEM - C Page 14 of 14 ---PAGE BREAK--- Approved Ordinance revisions on March 1, 2017 1. Add to definition section 15-2-9. H HOUSING, STUDENT: A specific designed dwelling unit intended to be occupied by not more than five individuals who may or may not be related. 2. Add standards to regulations for all zones for student housing. New addition would be 15- 13-40 15-13-40 STANDARDS FOR STUDENT HOUSING In order for a development to be considered as allowing considerations as “Student Housing” the building or buildings shall meet the following requirements: A. The building or buildings shall be in one lot or parcel in the R-5 zone or the CP-2 zone adjacent to Harrison Blvd. B. The development shall meet the site development standards set forth in the R-5 zoning for the one building dwelling or group dwelling requirements in the R-5 zone or the development standards set forth in the CP-2 zone one building or group dwelling in the CP-2 zone. C. The development occurs within the designated area on the Student Housing option map. D. One building or group dwelling have a minimum of ten student housing dwelling units per building. E. Each new building exterior shall have a minimum 50% of all exterior surfaces covered in brick. F. Required parking minimums shall be .7 spaces per bedroom with a maximum of 1 stalls per bedroom. 3. Add to 15-9-2 (R-5 zone regulations) and 15-38-2 (Commercial Zone), Housing, Student as a permitted use in the R-5 and the C-2 zone Housing, Student (so long as within 1,200’ of WSU campus). Possible Reconsiderations 1. Add to definition section 15-2-9. H HOUSING, STUDENT: A specific designed dwelling unit intended to be occupied by not more than five four individuals who may or may not be related. 2. Add standards to regulations for all zones for student housing. New addition would be 15- 13-40 15-13-40 STANDARDS FOR STUDENT HOUSING ---PAGE BREAK--- In order for a development to be allowed considered as allowing considerations as “Student Housing” the building or buildings shall meet the following requirements: A The building or buildings shall be in on one lot or parcel with frontage on Harrison Boulevard and zoned either in the R-5 zone or the CP-2 zone adjacent to Harrison Blvd. B The development shall meet the site development standards set forth in the R-5 zoning for the one building dwelling or group dwelling requirements in the R-5 zone or the development standards set forth in the CP-2 zone for one building or group dwellings in the CP-2 zone. C The development occurs within the designated area on the Student Housing option map. C. One building or group dwelling have a minimum of ten student housing dwelling units per building. D Each new building exterior shall have a minimum 50% of all exterior surfaces covered in brick. E Required parking minimums shall be .7 spaces per bedroom with a maximum of 1 stalls per bedroom. F. Only bedrooms 130 square feet or larger may be considered to allow two persons per bedroom. 3. Add to 15-9-2 (R-5 zone regulations) and 15-38-2 (Commercial Zone), Housing, Student provided located along Harrison Boulevard from 35th to 4800 South as a permitted use in the R-5 and the C-2 zone Housing, Student provided located along Harrison Boulevard from 35th to 4800 South (so long as within 1,200’ of WSU campus).