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1 Ogden City Council Work Session: May 16, 2017 PROPOSED ZONING ORDINANCE AMENDMENT DEFINING AND CREATING REGULATIONS FOR STUDENT HOUSING Purpose of Work Session: To review the proposed zone text amendments Planning CommissionRecommendation Approval the amendment (6-0) Executive Summary A petition has been filed by Daniel Stevens to amend the City’s zoning ordinance to allow student housing in certain zones. As proposed, the total number of unrelated individuals in a student housing unit would exceed the total number of unrelated individuals allowed in any other residential dwelling. The proposed amendments would allow up to four unrelated individuals in a unit. The maximum number of unrelated individuals permitted in any other residential dwelling unit is three In addition, there are a number of provisions for the development of a student housing facility. The area in which a student housing facility may be permitted is limited to properties fronting onto Harrison Boulevard between 35th and 4800 South in only the R-5 and C-2 zones. The petition submitted by Mr. Stevens was filed in conjunction with the proposed community plan amendment and associated conditional overlay rezone for the development of a student housing facility at approximately 3850 S. Harrison Boulevard. However, the issue of student housing in general and the proposed affected area are both larger in scope than a single development. The changes in the number of unrelated individuals in a dwelling unit has a history in Ogden and has been impacted and controlled by state legislation. In addition, Weber State University has expressed in an interest in the development of additional off-campus housing for its students. Other college and university towns have wrestled with the issue of off-campus student housing and the number of unrelated individuals in a unit as well. While Mr. Stevens is requesting this change to allow his development to be viable, the issue of student housing is larger than his individual proposal. ---PAGE BREAK--- 2 Ogden City Council Work Session: May 16, 2017 Background A proposal for the development of a student housing facility has been proposed on properties near the corner of 3850 S. Harrison Boulevard. The overall proposal includes an amendment to the Southeast Ogden Community Plan and a rezone of the subject properties. The proposals have been included on numerous Planning Commission agendas have been tabled or continued a number of times. In addition, the original petitioner has dropped out of the project and Mr. Stevens has taken his place. The project has been changed since the initial proposal and has been reduced in overall size and number of units. The initial proposal to amend the community plan and to rezone the property did not include an amendment to the zoning ordinance to increase the number of unrelated individuals in a unit. However, Mr. Stevens has indicated that the change is needed to make his project viable. The issue of unrelated individuals in a unit has had a significant past in Ogden. Prior to 2004, the definition of a family included the allowance of up to five unrelated individuals in a single dwelling unit. This resulted in homes being rented to students and other groups that were not acting as a single housekeeping unit as intended with a residential dwelling unit. This created some instability in the City’s housing stock. In order to address this, in 2004 the definition was amended to allow up to only three unrelated individuals in a unit. In addition, recent state law changes have set limits for how cities can define and regulate the number of unrelated individuals in a unit. Utah State Code §10-9a-505.5 states that a city cannot adopt a limit that is less than four unrelated individuals in a unit unless there is a state or private university with a student population of at least 20,000 within its borders. In this case, a city may set the maximum at three unrelated individuals per unit. What this means is that Ogden is allowed to limit the number of unrelated individuals in a unit at three because Weber State University is within its boundaries. Otherwise, the City would have to allow up to four unrelated individuals per unit. Student Housing in Other Communities in Utah Student housing is an issue in most college towns whether the school is a commuter school or a more traditional campus. The other communities in Utah, each affected by the state law, that have universities in their cities have each approached the issue in their own way. Planning Staff has done research on how St. George, Cedar City, Provo, Orem, and Logan have addressed off-campus student housing. ---PAGE BREAK--- 3 Ogden City Council Work Session: May 16, 2017 That analysis has been included in the materials with this memo and is discussed in detail in the memo dated February 17, 2017. In addition, Planning Staff has provided a community profile for Ogden and Weber State University in that memo regarding student housing. Current Proposal The current proposal is to create a definition and standards for the development of Student Housing. The proposal is as follows: Definition Housing, Student: A type of dwelling unit specifically designed for, and occupied by, not more than four individuals who may or may not be related. Standards for Student Housing In all zones where permitted, student housing must meet the following requirements: A. The building or buildings shall be on one lot or parcel with frontage on Harrison Boulevard and located between 35th Street and 4800 South. B. The development shall meet the site development standards set forth in the applicable zone for one building or group dwellings. C. The building or group dwelling shall have a minimum of ten (10) student housing dwelling units per building. D. A minimum of 50% of all new building exterior surface shall be covered in brick. E. Required parking shall be a minimum of 0.7 stalls per bedroom with a maximum of one stall per bedroom. F. A bedroom shared by two persons shall not be smaller than 130 square feet. Applicable Zones As proposed, Student Housing would be allowed as a permitted use in the R-5 (Residential Multi-family) zone and the C-2 (Community Commercial) zone. Planning Commission The Planning Commission reviewed the petition at its March 1, 2017 meeting and made a motion to recommend of approval to the Council of an amendment allowing up to five unrelated individuals per unit. The ---PAGE BREAK--- 4 Ogden City Council Work Session: May 16, 2017 Commission reconsidered the March 1st motion at its March 15, 2017 Special Meeting and forwarded a recommendation of approval to the Council to allow up to four unrelated individuals per unit with some additional standards. The Commission made its recommendation of approval on March 15, 2017 based on the findings that the reconsideration: Better reflects the concerns of the neighboring residents, Is 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 avoids “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 It supports infill development that is appropriately designed to complement the area in which it is located. Public Comments A number of comments were received at throughout the review process. These comments are summarized in the transmittal document included with this memo. Issues for the Council The issues the Council should consider with this petition relate not only to the specific development but to the larger community. As proposed, the allowance of up to four unrelated individuals in a dwelling unit would allow Mr. Stevens to proceed with this development proposal; however, the change in ordinance would affect a much larger area than just the one development. Given the history of the issue within Ogden, the Council will need to determine if the issues that lead to the reduction of the number of unrelated individuals in a unit in 2004 have been sufficiently addressed with the proposed standards. Weber State University has expressed an interest and an intent to pursue additional off-campus student housing opportunities around the university. The Council will need to balance the interests of Weber State University with the interests of the residents of the area and determine if the parameters proposed would sufficiently allow the university to meet its goals while respecting the interests and expectations of the residents in the area. ---PAGE BREAK--- 5 Ogden City Council Work Session: May 16, 2017 Questions for Administrative Staff 1. Please provide background on what the issues were prior to 2004 with regard to allowing up to five unrelated individuals per unit. Have these issues been addressed with the change to three unrelated individuals? 2. Please provide additional information on the Planning Commission’s deliberations regarding the proposed standards for development and the initial recommendation to allow up to five unrelated individuals. 3. The language proposed does not require the individuals to prove their student status. Was this considered? And, if so, what were the thoughts on that consideration? 4. How were the geographic limitation and the R-5 and C-2 zoning limitation determined? 5. There was an initial consideration of allowing student housing within 1,200 feet of the university boundaries. Why was this option not pursued? Attachments 1. Transmittal 2. Ordinance 3. Planning Commission Report 4. Petition 2017-2 5. Planning Commission Memo dated February 17, 2017 (analysis of other Utah cities’ approach to student housing) Council Staff Contact: Glenn Symes, AICP (801) 629-8164 ---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---