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1 Ogden City Council Meeting: May 9, 2017 AMENDMENTS TO THE T.O. SMITH COMMUNITY PLAN Approve/not approve ordinance 2017-21 Approval of the amendments (8-0) A petition has been submitted by Dr. Lincoln Dygert to amend the T.O. Smith Community Plan. The proposed plan amendment is part of an application to rezone the property on which Dr. Dygert operates an eye care business to one that will accommodate an expansion to the business. The property is currently zoned R-4 and would not allow an expansion of the type proposed. The property is included in the T.O. Smith Community Plan area and that community plan allows for Dr. Dygert’s property to be rezoned but only to the PI (Professional/Institutional) zone. Dr. Dygert’s property does not meet the required minimum lot size for the PI zone. In order for Dr. Dygert’s property to be rezoned to accommodate the expansion desired, the community plan must be amended to allow additional zoning options other than the R-4 and PI zones. The proposed amendments would allow the C-1 (Neighborhood Commercial) zone to be considered in cases where the minimum lot sizes required by the PI zone cannot be met. Dr. Lincoln Dygert currently owns and operates Ogden Vision Center at 3475 Harrison Boulevard and is in the process of expanding his business. Dr. Dygert’s property is located within the T.O. Smith Community Plan area and is currently zoned R-4 (Multi-family Residential). In order for Dr. Dygert to expand the business as intended, the zoning for the property must be changed as the R-4 zone does not allow for the expansion as desired. In reviewing the options for rezoning, it was determined that the PI (Professional/Institutional) zone option allowed for in the T.O. Smith Community Plan would not be a viable option since the properties included for the proposed expansion would not meet the minimum lot size of one acre required in the PI zoning standards. In order for the property to be rezoned to accommodate the expansion, a community plan amendment allowing other commercial zoning options would need to be made. ---PAGE BREAK--- 2 Ogden City Council Meeting: May 9, 2017 Dr. Dygert, with guidance from the City’s Planning Staff, submitted a petition to amend the T.O. Smith Community Plan to allow for the option of the C-1 (Neighborhood Commercial) zone in certain areas when the minimum lot size requirements for the PI zone cannot be met. The petition is a two-part petition requesting the amendment of the community plan as well as the actual rezone of the property from the R-4 zone to the C-1 zone. Although the petition requests both actions, each action must be reviewed and considered separately by the Council. The petition to rezone is addressed with a separate report and Council action. April 25, 2017 The proposed amendments were reviewed by the Council at its April 25, 2017 work session. No changes were directed as a result of that review. The current proposal is to make several changes to the T.O. Smith Community Plan which include both text amendments and an amendment to the map included in the plan. The current plan language indicates a preference for the PI zone over other commercial zones when rezoning for office development. The first proposed text amendment would add language indicating that this remains the preference if the minimum lot size required by the PI zone can be met. The proposed language indicates that if the minimum lot size cannot be met, the C-1 zone may be considered. The second proposed text amendment is specific to properties along Harrison Boulevard between 30th and 36th. The amendments remove old language referring to a review of the PI zone that has already taken place and clarifies that the R-4, PI, or C-1 zones may be appropriate depending on the mixture of existing land uses and lot sizes. The last text amendment proposed is the removal of old language directing Planning Staff to review and rewrite the PI zoning ordinance. The map included in the plan would also be updated to reflect the text amendments proposed within the body of the plan. The Planning Commission reviewed the petition at the February 1, 2017 meeting and forwarded a recommendation of approval to the Council with a vote of 8-0. The recommendation was made with the findings that the proposed plan amendment is consistent with the physical ---PAGE BREAK--- 3 Ogden City Council Meeting: May 9, 2017 changes that have occurred in the area, the intended objectives of the plan, and the community perspective of the plan. One comment was received at the Commission’s meeting. Jane Herndon inquired about the impact of the proposed amendment on her property located to the south of the subject area. Staff informed her that the changes would not affect her property. 1. Transmittal 2. Ordinance 2017-21 3. Planning Commission Report 4. Petition 2017-1 Council Staff Contact: Glenn Symes, AICP (801) 629-8164 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 2017-21 ---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---