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Page 1 of 20 Unofficial draft of the proceedings of the regular meeting of the Ogden City Planning Commission held March 1, 2017. This draft does constitute official minutes of the Planning Commission, and will not, until approved by the Commission. Official minutes may vary significantly from these draft proceedings. Meeting was conducted by Chair Herman and began at 5:03 p.m. Members Present: Robert Herman, Chair Rick Southwick, Vice-Chair Cathy Blaisdell Dave Graf Lillie Holman Members Excused: Ross Patterson Bryan Schade Janith Wright Staff Present: Greg Montgomery, Planning Manager John Mayer, Planner Eric Daems, Planner Jannette Borklund, Planning Technician Mark Stratford, City Attorney Others Present: Doug Olson Richard Fuhriman Becky Sneddon Tyson Carver Lori Daniels Robert K. Lower Aaron Austad Tom Daniels Linda Saxton Toby Carpenter Adam Allred Jeremy Smith Sandra Carpenter Jana Friske Ward Ogden Jared Hutchings Harold Friske Shawn Mintor Warren Buchanan Thaine Fischer Bob Davis John Wetendorf Gordon Guymon Jill Davis Ryan Randall Brad Brown Jeff Glum Soren Halladay Sarah Coombs Shalae Larsen ---PAGE BREAK--- Page 2 of 20 David Corrigan David Coombs Roger Orawic Cheryl Corrigan Elizabeth Shelton Chris Montoya 1. Approval of the Minutes, of the regular meeting held February 1, 2017 and work session held February 15, 2017. 2. Common Consent: a. Public Hearing, Preliminary/Final Subdivision Approval for Garden Hills Subdivision, approximately 540 22nd St. b. Public Hearing, Preliminary/Final Subdivision Approval, for Shupe approximately 3225 Midland Dr. c. Public Hearing, Plat vacation of Lots 27-28, BDO Plat 11/Preliminary/Final Subdivision Approval, for BDO Plat 11, First Amendment, approximately 641 W 400 N. 3. Public Hearing, Petition to Amend BDO Street Master Plan, by removing Amidan Street as a public street. 4. Public Hearing, Preliminary/Final Subdivision Approval, for BDO Plat 29, approximately 400 S Depot Dr. 5. Public Hearing, Petition #2017-2, to amend Zoning Ordinance, to define and establish requirements for student housing options in the R-5 zone. 6. CBD Site Plan, for Ogden Art Garage/Commercial Space, 455 25th St. 7. Amended CBD Site Plan, for Argo House, 529 25th St. 8. CBD Site Plan, for buildi8ng façade remodel at 2204 Washington Blvd. 9. Amendment to Ogden River Bend Phase 1, site and development agreement located at 20th & Grant by adding carports. 10. Public Hearing, Petition #2017-5, to amend West Ogden Community Plan to consider an option for C-3/CO between 800 W-924 W 27th St. and both sides of Binford between F & G Ave. 11. Public Hearing, Petition #2017-4, to rezone property at approximately 1800 E Canyon Rd. to be included in the 12th St. Corridor Overlay Zone. Reports: Landmarks Commission – Lillie Holman Citizen Advisory – Rick Southwick Ogden Trails Network – Ross Patterson Review of Meeting 1. Approval of the Minutes, of the regular meeting held February 1, 2017 and work session held February 15, 2017. A motion was made by Commissioner Graf to approve the minutes as prepared. Motion was seconded by Commissioner Holman and passed unanimously. ---PAGE BREAK--- Page 3 of 20 2. Common Consent: a. Public Hearing, Preliminary/Final Subdivision Approval for Garden Hills Subdivision, approximately 540 22nd St. Mr. Daems reported this request is for a 21-lot residential subdivision on property where the Dee Elementary School had been located. He reviewed the concept layout pattern and indicated all lots comply with the regulations of the Zoning Ordinance. A variance had been granted to allow three lots to have frontage on an access easement rather than a public street, making the lots also compliant with the Subdivision Ordinance. The subdivision is utilizing the provisions of the Residential Infill section of the Zoning Ordinance, allowing for smaller lot sizes and reduced rights-of-way. Staff recommendation is for approval, subject to the existing drive approaches between Lots #11- 12 and at Lot #18 be removed and replaced with curb, gutter and park strips, the buildable envelope area be included for Lots #4-15, creating 28’ of no-build over the shared access easement to ensure future detached structures would not encroach on the maneuverable space for vehicles, Parcels A &B being combined to create common green space and pedestrian access, and all departmental comments being satisfied. MOTION: A motion was made by Commissioner Holman to recommend preliminary approval based on the findings the subdivision would promote the health, safety, convenience and general welfare of the inhabitants of the City, is in the best interests of the public and in harmony with good neighborhood development, is in full compliance with both the Subdivision and Zoning Ordinances. Approval is subject to the following conditions: 1.The existing drive approaches between Lots 11 and 12 and at Lot 18 be removed and replaced with curb, gutter and park strips; 2.A building envelope area be included for Lots #4-15 to create 28’ of no-build area over the shared access easements to ensure future detached structures would not encroach on the maneuverable space for vehicles; 3.Parcels A &B be combined for purpose of common green space and pedestrian access; and 4.All departmental comments be satisfied. ---PAGE BREAK--- Page 4 of 20 Motion was seconded by Commissioner Southwick and passed unanimously, with Commissioners Blaisdell, Graf, Holman, Southwick and Herman voting aye. b. Public Hearing, Preliminary/Final Subdivision Approval, for Shupe approximately 3225 Midland Dr. Mr. Simpson reported this request is for a single-lot industrial subdivision on vacant property. Its frontage will be on Midland Drive, and it meets the lot area requirements of the zone. Staff recommendation is for approval subject to departmental staff requirements being satisfied. MOTION: A motion was made by Commissioner Holman to recommend preliminary approval based on the findings the subdivision does promote the health, safety, convenience and general welfare of the inhabitants of the City is in the best interest of the public and in harmony with good neighborhood development, and is in full compliance with both the Subdivision and Zoning Ordinances. Motion was seconded by Commissioner Southwick and passed unanimously, with Commissioners Blaisdell, Graf, Holman, Southwick and Herman voting aye. c. Public Hearing, Plat vacation of Lots 27-28, BDO Plat 11/Preliminary/Final Subdivision Approval, for BDO Plat 11, First Amendment, approximately 641 W 400 N. Mr. Spencer reported the applicant is proposing to vacate the existing lots #27 and #28 of BDO Plat 11 in order to accommodate a building addition. The property line between the two lots would be shifted to the south 3’ a fire access lane is being removed, and a public utility easement is being reduced from 30’ to 15’. In considering an amendment, the Commission determines it is in the best interest of the public and is in compliance with City ordinances, and that no person or property is materially injured by the amendment. He stated these appear to be satisfied and Staff recommendation is for approval, subject to City departmental staff comments being satisfied. MOTION: A motion was made by Commissioner Holman to recommend preliminary approval, based on the findings the vacation and subdivision promotes the health, safety, ---PAGE BREAK--- Page 5 of 20 convenience and general welfare of the inhabitants of the City, is in the best interest of the public and in harmony with good neighborhood development, there is good cause for the vacation of existing lots, and the new subdivision is in full compliance with both the Subdivision and Zoning Ordinance. Approval is subject to all departmental Staff comments being satisfied. Motion was seconded by Commissioner Southwick and passed unanimously, with Commissioners Blaisdell, Graf, Holman, Southwick and Herman voting aye. 3. Public Hearing, Petition to Amend BDO Street Master Plan, by removing Amidan Street as a public street. Mr. Blake Wahlen stated this request is to remove a local street within the BDO property to allow a larger parcel to accommodate a new business desiring to locate in the BDO. He reviewed the history of the street, stating it had served as a connection to Stewart Drive, and while it had been left by the military, the street has not since been improved, and he is asking for it to be removed from the master plan. Mr. Montgomery stated this request is to amend the DDO section of the General Plan stating a street master plan had been adopted at the time the DDO was conveyed to Ogden City. He stated the Commission is to consider what is in the best interest of the overall community and the users of BDO, in terms of providing circulation through the area. He indicated Ward Avenue originally was a diagonal street bisecting the BDO, which has since been removed in order to accommodate truck turning. He reviewed the Amidan Street connection, stating while it would be removed as a public street, circulation of the area would still be available in this area. The existing Amidan Street could continue to serve as a truck loading access way, but need not be improved or dedicated as a public street. Staff recommendation is for approval. As there were no public comments, a motion was made by Commissioner Blaisdell to close the public hearing. Motion was seconded by Commissioner Graf and passed unanimously. MOTION: A motion was made by Commissioner Southwick to recommend approval of the amendment to the street master plan based on the findings the proposed amendment will not impact the general public circulation through the BDO facility ---PAGE BREAK--- Page 6 of 20 and the removal of the street provides better land development options for this area of BDO. Motion was seconded by Commissioner Blaisdell and passed unanimously, with Commissioners Blaisdell, Graf, Holman, Southwick and Herman voting aye. 4. Public Hearing, Preliminary/Final Subdivision Approval, for BDO Plat 29, approximately 400 S Depot Dr. Mr. Blake Wahlen stated this request is to subdivide existing property which would have been bisected by the Amidan Street right-of-way, to create two large lots to accommodate a new business coming into the BDO. Mr. Montgomery stated this request is to create two lots from an existing 19-acre property. He reviewed existing uses in the area and stated an existing ditch has been re-routed to be parallel to existing streets. This approval is contingent upon the successful elimination of Amidan Street from the DDO Master Plan, but requires public access to remain available, which is proposed by a 20’ joint driveway easement on the east side connecting White Drive to 2nd Street. Staff recommendation is for approval, subject to Amidan Drive being removed from the BDO Master Plan and all City departmental requirements being satisfied. As there were no public comments, a motion was made by Commissioner Blaisdell to close the public hearing. Motion was seconded by Commissioner Graf and passed unanimously. MOTION: A motion was made by Commissioner Blaisdell to recommend preliminary approval based on the findings the proposed subdivision would promote the health, safety and general welfare if inhabitants of the City, is in the best interest of the public and in harmony with good neighborhood development and fompl8ies with both the Subdivision and Zoning Ordinances. Approval is subject to Amidan Drive being removed from the BDO Street Master Plan and all City departmental requirements being satisfied. Motion was seconded by Commissioner Graf and passed unanimously, with Commissioners Blaisdell, Graf, Holman, Southwick and Herman voting aye. 5. Public Hearing, Petition #2017-2, to amend Zoning Ordinance, to define ---PAGE BREAK--- Page 7 of 20 and establish requirements for student housing options in the R-5 zone. Mr. stated this petition was filed to allow the standards for residential units to be increased from three to five per dwelling unit for student housing projects in the R-5 and Commercial C-2 areas near the WSU campus. He stated a development agreement has been submitted along with a rezoning request for property to be zoned R-5. Each floor would accommodate 10 dwelling units, and parking would satisfy the proposed .7 paces per bedroom. Mr. Mayer stated the Planning Commission had previously tabled action on this item and requested additional information and options be made available for their consideration. A work session has since been held at which time the Commission discussed their preferences for number of students per unit, and had agreed to also consider commercial zoned property along the Harrison Boulevard corridor. It was agreed that property must be adjacent to Harrison Boulevard and within 1200 feet from the Weber State campus between 35th Street to 4900 South which would create options for student housing opportunities for the future to accommodate both Weber State University and the IHC properties in this area. He stated Provo and St. George both allow six students per unit, and presented ordinance language which would allow up to five students per unit, requiring parking for .7 spaces per bedroom with a maximum of one space per bedroom, and be restricted to the frontage along Harrison Boulevard to projects having ten or more dwelling units. Projects would be required to have at least 50% of the building façade in brick. Commissioner Blaisdell stated the Commission had determined at the work session to limit students to four per unit and asked why five is being recommended by Staff. Mr. Mayer responded his recommendation is based on the findings that both St. George and Provo allow six and he felt five is a good middle of the ground option. Commissioner Southwick stated during the work session, Staff had presented the option that if more than four were to be allowed, the size of bedrooms would be increased to a minimum square foot size, which also is not proposed with this language. Mr. Gordon Guyman, 2777 W 2175 N, Clinton, asked if the student housing would require proof of being students. Mr. Robert Lower, 1120 E 3850 S asked about the parking, stating the standard should accommodate each resident. He stated Ogden should ---PAGE BREAK--- Page 8 of 20 not be compared to Provo or St. George, stating Weber State is a different type of campus than other college communities. The proposed project would be catering to the few students who would like to live near campus, stating most students are comfortable commuting to WSU. The project would increase traffic and parking in the community, and is also concerned about other effects of the proposed project on the surrounding infrastructure. Ms. Linda Saxton, 3855 Brinker, stated she is not opposed to the student housing project, but is concerned that access to the project not be allowed from Brinker Avenue. She felt access from Harrison would be preferable to 3850 South due to the slope of the street, stating she is opposed to access on 3850 South. Mr. Richard Herman, 4102 S 1175 E stated there have been problems with students crossing Harrison, including a fatality. He stated there is a history of homeless people living in the area near the power station, indicating the street is not often cleaned. He stated additional traffic along Harrison would increase congestion in the area. He stated while there are jobs available along Harrison, students from his neighborhood who walk to school are required to go to the intersection at 42nd Street. He asked for assistance in cleaning property along Harrison in back of his property but part of the right-of-way. Mr. Jeff Glum 3725 Brinker asked if the definition proposed would be limited to the Harrison Corridor, or whether it would be applicable throughout the City. Thomas Daniels, 3835 Van Buren expressed the City did not follow its own notification processes, stating only people impacted by this development were notified. He also indicated he had been trying to get the attachment from the website and the link did not work. He requested full notification be given and the item be tabled until that is accomplished and the packet material made available. Ms. Lori Daniels, 3825 Van Buren stated she is opposed to the amendment, stating while the ordinance is now limited to 1,200 feet, over time, this distance could be increased, and its passage would set a precedent for future actions. She stated while enrollment at WSU has increased, there are other campus locations, and the majority of students are commuters. She felt the proposed project would impact the existing single-family neighborhood and felt this neighborhood is being targeted or ---PAGE BREAK--- Page 9 of 20 “sacrificed” in order to allow student housing, indicating she is opposed to both the housing project and the proposed ordinance amendment. Mr. Brad Brown, 719 W 4350 S stated he is aware of apartments in Ephraim which accommodates ten students per unit. He felt the number of roommates could affect the density but are separate issues from what is being proposed. He felt the proposal for five students per unit would help create Ogden as a better college community. Mr. Zack Allred, 2586 S 1825 E indicated he has done research indicating there is a need for student housing in the area, and felt the project would be a benefit to the community. He stated this area is a prime location for students, that the surrounding community has several rental units, with many residents illegally renting to students. He felt a well-designed housing project would be preferable to living in the basement of an existing older home. He felt while there would be some traffic impacts to the community, it is not the habit of students to wander through the neighborhood, and felt there would be little effect on the surrounding residential community. As there were no additional comments, a motion was made by Commissioner Graf to close the public hearing. Motion was seconded by Commissioner Southwick and passed unanimously. Mr. Mayer then reviewed the comments of residents, stating while the project is targeted for college students, there would be no requirement they be students. He stated parking is not based on dwelling unit, but the proposal is .7 per bedroom, which equals more than typical apartment units of 1.5 per dwelling unit. He stated it is anticipated the parking would be somewhat reduced due to the close proximity to WSU and transit options along Harrison, and close housing could serve to reduce commuter traffic along Harrison. He stated the proposal is to allow student housing options only along Harrison Boulevard in both the R-5 or CP-2 zoned properties. He stated the notification included 300’ of all property owners from any R-5 or CP-2 zoned property along Harrison, stating the City’s notification policy was complied with. He stated the proposed 1,200 feet from campus was a guideline to limit the proposed language, and is in fact not included in the language proposed. He stated the existing ordinances allow three residents per unit, while the parking requirement is two parking spaces per dwelling unit, indicating the proposal of .7-1 stall per bedroom would create more parking. He ---PAGE BREAK--- Page 10 of 20 stated there is a need to accommodate mid to high density residential uses in a growing urban environment such as Ogden, stating the language would allow more adults per unit in both the CP-2 and R-5 zoned areas along Harrison Boulevard. He indicated he was not aware of the link on the website not working. Mr. Stratford stated so long as notices were mailed to property owners within the 300’ radius of the CP-2 and R-5 zoned property, the City notification policy was satisfied. He indicated while it is desirable for information to be available on the website, there are other means whereby citizens can obtain information, and there is no legal requirement for the staff reports to be available on the website. Commissioner Blaisdell stated while she is comfortable with allowing four students per dwelling unit, she is not in favor of five. Commissioners Holman and Graf both agreed four would be preferable to the Staff recommendation for five. Commission also expressed concern the language to require additional bedroom size for more than four is not included. Mr. Mayer stated his recommendation is based on other college communities in Utah. Commissioner Southwick expressed the Commission’s action is only a recommendation to the City Council, and it is their prerogative to either agree with the recommendation of the Commission or to pursue other options. MOTION: A motion was made by Commissioner Blaisdell to recommend approval of the ordinance language as proposed based on the findings creating the new language would be consistent with the General Plan in that it facilitates residential infill at higher densities, identifies sites that could be developed at higher densities, incorporates new housing but avoiding “cookie cutter” style new developments, identifies opportunities for the inclusion of the 4,700 new dwelling units in Ogden to accommodate continued population growth, and supports infill development that is appropriately designed to complement the area in which it is located. Motion was seconded by Commissioner Southwick and passed 4-1 with Commissioners Blaisdell, Graf, Holman and Southwick voting aye and Chair Herman voting no. Chair Herman explained his vote is based on the work session discussion and consensus that student housing would be limited to four rather than five. ---PAGE BREAK--- Page 11 of 20 6. CBD Site Plan, for Ogden Art Garage/Commercial Space, 455 25th St. The applicant for this item indicated due to the shortness of time, he would prefer it be considered later on the agenda and his other project be moved to this place. A motion was made by Commissioner Southwick to re-order the agenda, and consider item #8 at this time. Motion was seconded by Commissioner Holman and passed unanimously. 8. CBD Site Plan, for buildi8ng façade remodel at 2204 Washington Blvd. Mr. Dan Schmelling stated this request is to create a salon in a currently unoccupied building. The concept is for multiple rooms within the building for stylists to be available on a 24/7 ability for access. Existing painted brick will be cleaned and metal panels will be cleaned and repainted, with additional panels being added. All glass will be replaced, as well as boarded windows to be exposed. Existing landscaping will be replaced. Mr. Thaine Fischer, property owner, indicated he had no presentation, but was available to answer questions if they arose. Mr. Daems presented a proposed material board for the project, indicating this building has been vacant for some time and is now proposed to be restored with glass being replaced and a diamond pattern created on the metal panels. He stated there are existing stairs and a retaining wall, and it is unclear at this time as to whether they are in the right-of-way or on the private property, which is being investigated by Engineering Staff. These stairs provide a second exit for the building. If they are found to be on public property, an encroachment permit would be necessary. An existing driveway is currently being used for parking space which is proposed to be improved with curb and gutter, with angle parking to be installed. A brick paver design will continue the streetscape theme on the west side of the building. He stated while Engineering has expressed concern with the use of angle parking, it actually would use less of the roadway for maneuvering than would parallel parking. The existing planter may remain with pavers or landscaping being installed in this area. If it is found he retaining wall and stairs are on public property, an encroachment permit will be necessary. While the site has fewer parking spaces than needed for the proposed use, the Commission has the ability to reduce or waive parking regulations in the CBD if the findings are made parking can be found in the surrounding area and will ---PAGE BREAK--- Page 12 of 20 not cause a shortage of parking for other uses in the vicinity. Because the salon is proposed to be open 24/7, its clientele will be spread throughout the day and night hours, with stylists scheduling their time according to the needs of their clients. The building owner has created a private parking lot to the rear of the building, with four stalls being available for the use of this building. It also is felt the proposed use will contribute to the vitality of the downtown and Staff feels it is appropriate to grant a reduction of parking spaces from 18 to four. Staff recommendation is for approval of the CBD site plan subject to the following conditions: 1. Work with Engineering to develop a parking module along 22nd Street that creates 6’ of unobstructed sidewalk space; 2. The driveway along 22nd Street be removed and replaced with curb and gutter according to Engineering standards; 3. The existing dirt park trip areas to the east and west of the angled parking that are not part of the parking module are to be planted with sod and small trees, with the tree variety to be determined by the City Urban Forester; 4. Cobra-head lighting be installed to be consistent with the downtown lighting patterns; 5. A parking reduction be granted by the Planning Commission, reducing the required parking from 18 on-site to four stalls shared on a lot to the east; 6. Signage to be addressed as part of a sign application; and 7. All departmental requirements being satisfied. MOTION: A motion was made by Commissioner Graf to recommend approval of the proposed CBD site plan based on the findings the plan proposes building materials that are compatible with surrounding existing buildings, by working with Engineering Staff, the plan will be designed to provide safe and efficient pedestrian and vehicle traffic circulation, the plan is consistent with the architectural lines of the building and surrounding buildings, and the prosed plan meets the conditions to allow a reduction of parking requirements. Approval is subject to Staff recommendations as follows: 1. Work with Engineering to develop a parking module along 22nd Street that creates 6’ of unobstructed sidewalk space; 2. The driveway along 22nd Street be removed and replaced with curb and gutter according to Engineering standards; 3. The existing dirt park trip areas to the east and west of the ---PAGE BREAK--- Page 13 of 20 angled parking that are not part of the parking module are to be planted with sod and small trees, with the tree variety to be determined by the City Urban Forester; 4. Cobra-head lighting be installed to be consistent with the downtown lighting patterns; 5. A parking reduction be granted by the Planning Commission, reducing the required parking from 18 on-site to four stalls shared on a lot to the east; 6. Signage to be addressed as part of a sign application; and 7. All departmental requirements being satisfied. Motion was seconded by Commissioner Blaisdell and passed unanimously, with Commissioners Blaisdell, Graf, Holman, Southwick and Herman voting aye. A motion was made by Commissioner Graf to re-order the agenda and consider item #7 at this time. Motion was seconded by Commissioner Holman and passed unanimously. 7. Amended CBD Site Plan, for Argo House, 529 25th St. Mr. James Argo stated this project is to allow a coalition of designers and artists to have executive work space available, stating he purchased this building in December for such a use. The proposal is to remodel the interior of the building and create work space, offices and a gallery, indicating a business model has been prepared. Mr. Jake McIntire stated he had been involved with the development of the Ogden City Arts Master Plan, and this proposal would fit nicely within the parameters of that Plan, recommending the project be approved. Ms. Shalae Larsen stated the building was most recently a halfway house/rehab center, and the proposed art space use will benefit the local community. She stated there is no additional property available in the area for parking and asked the Commission consider waiving the parking requirement. Mr. Mayer stated while this property does not have adequate parking for the use proposed, the neighborhood in which it is contained is very walkable. The Commission has the ability to waive or reduce parking regulations in the CBD if it is found the waiver meets the purposes of the CBD Chapter, the parcel has unusual site characteristics which create problems for the design of efficient parking, it is impossible to provide the ---PAGE BREAK--- Page 14 of 20 required number of parking spaces. Staff is recommending the parking be reduced to two stalls on site based on the existing situation that there was insufficient parking at this location for at least the last 20 years, the project is located along a major transit corridor and future BRT line, the use is designed for the growing local population for the art community and bicycle parking will be available, and there is currently on-street parking along the west side of Porter and along 25th Street. Staff recommendation is for approval of the café and art space subject to the following conditions: 1. Placement of two parking spaces at the southeast corner of the lot, with access from the alley on the south; 2. The Planning Commission grant a waiver of parking requirements for at least 12 vehicles and grant a reduction in the setback for the two car parking spaces; 3. The applicant is to comply with all requirements of City service providers; and 4. The dumpster and/or refuse be contained inside until the day of pickup and shall not block the shared driveway. Mr. Jake McIntire stated a bicycle parking area is being provided. He also indicated the use is for local residents with most patrons being within four blocks, indicating most would not drive to the facility. Commissioner Southwick commented he felt the use fits with the surrounding community and the lack of parking would encourage a more walkable neighborhood. MOTION: A motion was made by Commissioner Southwick to recommend approval based on the findings the site plan will comply with the regulations and requirements of the Development Code, the parking requirements will not be impacted by the proposed new site plan/land use; the materials will be compatible with existing surrounding buildings, landscaping will be an asset to the immediate community, the architectural lines match nicely with the relationship of the surrounding buildings, and screening of parking in the side yard is sufficient to screen vehicles from public view. Approval is subject to Staff recommendations as follows: 1. Placement of two parking spaces at the southeast corner of the lot, with access from the alley on the south; 2. The Planning Commission grant a waiver of parking ---PAGE BREAK--- Page 15 of 20 requirements for at least 12 vehicles and grant a reduction in the setback for the two car parking spaces; 3. The applicant is to comply with all requirements of City service providers; and 4. The dumpster and/or refuse be contained inside until the day of pickup and shall not block the shared driveway. Motion was seconded by Commissioner Blaisdell and passed unanimously, with Commissioners Blaisdell, Graf, Holman, Southwick and Herman voting aye. 9. Amendment to Ogden River Bend Phase 1, site and development agreement located at 20th & Grant by adding carports. Mr. Jared Hutchings, representing PEG Development, stated this proposal is a request for carports in the parking lot for the existing apartment project. He has reviewed Staff’s recommendations and finds it acceptable. The intent is to match the colors and design of the main buildings in the complex. Mr. Montgomery recommended approval subject to the carport covers on the three stalls that extend beyond the building lines on Grant and Childs being removed, and that a lighter color similar to the stucco colors found on the building be used. MOTOIN: A motion was made by Commissioner Holman to recommend approval of the proposed carports based on the findings the design and material are consistent with the development pattern and design of the development and scheme of Phase 1. Approval is subject to the carport covers on the three stalls that extend beyond the building lines on Grant and Childs being removed, and that a lighter color similar to the stucco colors found on the building be used. Motion was seconded by Commissioner Graf and passed unanimously, with Commissioners Blaisdell, Graf, Holman, Southwick and Herman voting aye. At this time Commissioner Southwick was excused and a quorum was no longer present. The following items will be continued to a special meeting to be held March 15, 2017 at 5:30pm. 6. CBD Site Plan, for Ogden Art Garage/Commercial Space, 455 25th St. ---PAGE BREAK--- Page 16 of 20 10. Public Hearing, Petition #2017-5, to amend West Ogden Community Plan to consider an option for C-3/CO between 800 W-924 W 27th St. and both sides of Binford between F & G Ave. 11. Public Hearing, Petition #2017-4, to rezone property at approximately 1800 E Canyon Rd. to be included in the 12th St. Corridor Overlay Zone. Reports: Landmarks Commission – Lillie Holman Citizen Advisory – Rick Southwick Ogden Trails Network – Ross Patterson Review of Meeting As these items were public hearings, there were several residents in attendance. Mr. Montgomery gave an overview of each of the items and asked if residents had questions he could answer. ] 10. Public Hearing, Petition #2017-5, to amend West Ogden Community Plan to consider an option for C-3/CO between 800 W-924 W 27th St. and both sides of Binford between F & G Ave. He first addressed the West Ogden Plan Amendment petition, stating while the existing community plan calls for C-1 commercial, the applicant is seeking an option for C-3. He explained this action would not rezone the property but consider language so that if a petition is submitted in the future, it would be compliant with the West Ogden Plan. He indicated the Plan had indicated the zoning would occur after the 24th Street Interchange is constructed, and the question is of timing, as to whether commercial zoning is appropriate before that happens. At the time any rezoning is contemplated the Commission can determine whether to require a development agreement, in which case they can establish particular design criteria and tie the zoning to a specific project. He explained the property in question is between the Cargill (manufacturing) property and the residential uses to the north, and could be viewed as a transition or buffering area between the industrial uses and the residential uses. He reviewed the areas where the zoning is proposed. Ms. Sara Coombs, 938 W Binford asked what type of buildings the C-3 zone would allow. Ms. Elizabeth Shelton, 935 W 25th asked about the difference between the uses allowed in the C-3 zone and if there is a timetable the City is aware of as to when the interchange will be installed. asked about the timetable for development of commercial uses, and what uses would be proposed. ---PAGE BREAK--- Page 17 of 20 Ms. Martha Turner, 751 W 4250 S in Riverdale, stated this is where her family lives and asked if they would be required to relocate, stating often when this happens property owners are given market value for their homes, but it is not enough to allow them to relocate to a similar neighborhood. It was clarified her question is whether additional property is going to be purchased for the proposed rezoned area, stating the rezoning could affect eleven existing single-family homes. Mr. Montgomery identified the proposed zoning area, indicating it is now owned by Mr. Mark Kitchen and no additional property is proposed to be purchased. The petition is submitted by a private property owner, and the City is not involved and would not be purchasing property. Any negotiations to purchase property would be between a private individual who might want to purchase property, and any existing home owners. The City’s involvement is only to determine whether petition is consistent with the West Ogden Plan, or, with the proposed amendment, would become consistent with that plan. He stated the Plan gives options for future development, but does not change land use immediately. Taxes are based on the land use and should not be affected unless the use were to change. Property value may or may not increase over time, allowing property owners to ask for a higher purchase price based on the direction of the Plan. He reviewed uses allowed in the C-1, stating these would be small retail uses such as a small café, service businesses such as hair salons while the C-3 zoning would allow almost all commercial activity, storage units, retail with warehousing, and auto sales. Mr. Stratford stated there may be a legitimate concern about how a potential project may the quality of life and the desirability of a home to be purchased, which could be a point of discussion at the public hearing. Mr. Mark Kitchen stated there would be no outside storage, and the proposed commercial uses will improve the area. Businesses would be closed at 5pm. Mr. Montgomery stated the neighborhood would again be notified of the meeting change, and the item will be scheduled for a special meeting on March 15 at 5:30pm. 11. Public Hearing, Petition #2017-4, to rezone property at approximately 1800 E Canyon Rd. to be included in the 12th St. Corridor Overlay Zone. Mr. Montgomery stated the 12th Street Corridor Plan was adopted several years ago. At that time, there was concern about the potential increased ---PAGE BREAK--- Page 18 of 20 traffic along 12th Street. Staff worked with property owners to create the option of the Corridor Overlay Zone which would allow a variety of uses based on building style, creating higher standards for development and design, allowing property owners to choose either the existing underlying zone, or to take advantage of the overlay zone. Properties along the frontage of 12th Street were then zoned to allow the 12th Street Corridor Overlay option, limiter to one lot depth from 12th Street and Canyon Road. For unknown reasons, this property was split by the Overlay Zone, not extending the full depth of the property. This request is to include the entire property in the overlay zone. Ms. Roberta Moon, 1702 E 1450 S stated it appears the original Canyon Road right-of-way had been left, asking if the old right-of-way would become part of the project, or if an access road would be retained. She asked if the underlying R-1-10 zoning would remain. Mr. Montgomery stated the old Canyon Road and the new Canyon Road alignment still exist, stating this property is between these and to the north. The petition would extend the zoning to the north of the old Canyon Road right-of-way, extending to be in line with the Canyon Terrace property line. The zoning would remain R-1-10, but the overlay would allow a mixed used development, including offices, commercial uses, and a variety of residential uses, but would require building material of brick, wood and stone. The building appearance and its placement on the site would be governed by the Overlay standards. The intent was not to split properties at that time, but would allow the full depth of property to be part of the same project. This petition is to add the overlay to contain the full property, and a particular project would be considered at a later date. He stated residential projects with more than 30 units would require Planning Commission approval, while less than 30 could be approved by Staff. Ms. Sarah Corrigan, 1713 E 1350 S stated this is a deer migration area and expressed concerned about the preservation of existing wildlife. She stated development would displace wildlife, add traffic to 12th Street. She is opposed to condos being developed on this site. Mr. Montgomery stated there are fault lines in this area and before any development is to be considered, a geotechnical study would need to be conducted. The location of fault scarps may determine where buildings can and cannot be located, and what areas would be maintained as open space. There are no requirements in the Ordinance that allow the Commission to preserve wildlife habitat. ---PAGE BREAK--- Page 19 of 20 Reports: Landmarks Commission – Lillie Holman – no report Citizen Advisory – Rick Southwick – no report Ogden Trails Network – Ross Patterson – no report Review of Meeting Commission expressed concern about the process of re-arranging the agenda, and considering items out of order. It was indicated it may have been a better action to table Item #6 until the end of the agenda, rather than to skip to #8 and go back to Mr. Montgomery requested Commission be responsible in informing Staff prior to the day of the meeting, as mail is sent a week before the meeting and it is difficult to not be able to act due to lack of a quorum. Commissioner Holman indicated internet does not appear to be available in the Chambers. Discussion continued relative to the presentation material not working. Mr. Stratford indicated if the material is downloaded and saved, it should be available. The agenda with the links does not allow a click to take you to the item. Staff will look into these items. Mr. Stratford stated the Commission could vary their procedures to limit time periods to two minutes rather than three minutes. He stated it is better to follow the typical procedure, stating discussion regarding changing procedure often takes more time. He expressed concern that often it is unclear as to whether the applicant is in agreement with the Staff recommendation, stating it is not desirable to have an approval with inadequate details due to time constraints. Discussion continued regarding the presentation procedure. Mr. Stratford indicated some items might be shown on the site plan, but may not be \under the jurisdiction for the Planning Commission to approve. There being no additional business before the Commission, the meeting was adjourned at 7:37 p.m. Respectfully submitted, Jannette Borklund, Planning Technician ---PAGE BREAK--- Page 20 of 20 Approved: (date) Robert Herman, Chair