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1 Ogden City Council Meeting: May 9, 2017 PROPOSED REZONE OF 3475-3495 HARRISON BOULEVARD FROM R-4 TO C-1 Approve/not approve ordinance 2017-22 Approval of the rezone (8-0) A petition has been submitted by Dr. Lincoln Dygert to amend the T.O. Smith Community Plan and to rezone 3475-3495 Harrison Boulevard from R-4 (Multi-family Residential) to C-1 (Neighborhood Commercial). The petition was submitted as part of a process to expand Dr. Dygert’s existing eye care business. The property on which the business is set as well as the property onto which the expansion would occur are both currently zoned R-4. Because the business is considered a non- conforming use, the R-4 zoning would not allow for the desired expansion. The properties are located within the T.O. Smith Community Plan which allows for only the existing R-4 zone or the PI (Professional/Institutional) zone. Rezoning to the PI zone is not a viable option as the properties do not meet the minimum lot size for the PI zone. Part one of Dr. Dygert’s petition would amend the community plan to allow the option of the C-1 zone between 32nd and 36th and part two would rezone the property to the C-1 zone. The rezone to C-1 should only take place if the associated community plan amendment is approved by the Council. 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 development standards. In order for the property to be rezoned to ---PAGE BREAK--- 2 Ogden City Council Meeting: May 9, 2017 accommodate the expansion, a community plan amendment allowing other commercial zoning options needs to be made. 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 amend the community plan is addressed with a separate report and Council action. The property on which Dr. Dygert’s business is set is currently zoned R-4. There are a handful of properties on the west side of Harrison Boulevard between 32nd and 36th are also zoned R-4. The T.O. Smith Community Plan, which was adopted in 1994, allows for a rezone to take place on these properties but limits the options to the PI zone. At the time, the PI zone was intended to foster a campus feel with regard to office development and was meant to discourage the conversion of homes into offices. The limitation of the PI zone, however, is that there is a minimum lot size requirement of one acre. Dr. Dygert’s property and the property to the south, onto which the expansion is proposed, constitute only 0.59 acres. Because the zoning of Dr. Dygert’s property is R-4, the business is considered a non-conforming use and as such expansion is limited. Further, because the properties cannot meet the minimum lot size in the PI zone, a rezone to the PI zone is not a viable option. In order for the expansion to take place, another zoning option must be introduced. The commercial zoning along Harrison Boulevard is more limited than it is along other major corridors like Washington Boulevard and 12th Street. Both of those corridors have larger, regional commercial uses and have more intensive zoning. Harrison Boulevard, in contrast, has been limited in commercial intensity as a way to keep the corridor less intensive. With that, there are no properties along Harrison Boulevard zoned C-3, or Regional Commercial, and only pockets zoned as high as C-2, or Community Commercial. The proposed C-1 zone is less intensive than ---PAGE BREAK--- 3 Ogden City Council Meeting: May 9, 2017 the C-2 and C-3 zones and would not create an area that is out of character for the corridor. April 25, 2017 The proposed rezone was reviewed at the Council’s April 25, 2017 work session. No changes were directed as a result of that review. The current proposal is rezone two properties, 3475 and 3495 Harrison Boulevard, from the current R-4 zone to the C-1 zone. The rezone is part of a two-part petition that would amend the T.O. Smith Community Plan and rezone the property if the community plan amendment is approved. If the amendment to the community plan is approved as proposed, the C- 1 zone would be consistent with that plan. The proposed community plan amendment is addressed in a separate report and Council action. The proposed rezone would still need to meet the land use policies outlined in the City’s General Plan. The Planning Staff has provided an analysis of how the proposed rezone would comply with those policies. That analysis is included in the Planning Staff report attached as part of this report. 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 finding that the proposed rezone is consistent with the T.O. Smith Community Plan and the policies outlined in the general plan. Two individuals commented at the Planning Commission meeting. Both individuals were in opposition to the proposed rezone and expansion and both indicated that they were opposed to the demolition of the existing single-family home at 3495 Harrison Boulevard. 1. Transmittal 2. Ordinance 2017-22 3. Planning Commission Report 4. Petition 2017-1 Council Staff Contact: Glenn Symes, AICP (801) 629-8164 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 2017-22 ---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---