Full Text
1 Ogden City Council Meeting: July 11, 2017 REZONE OF PROPERTY LOCATED AT APPROXIMATELY 1800 EAST CANYON ROAD (1400 SOUTH MAXFIELD DR.) – EXTENSION OF THE 12TH STREET OVERLAY ZONE TO THE NORTHERN PROPERTY LINE Approve/not approve Ordinance 2017-34 Approval of the rezone (3-2) A petition has been submitted by property owner Mark Shields to include the northern portion of his property into the 12th Street Overlay Zone. The majority of Mr. Shields’ property at approximately 1800 East Canyon Road is already included in the overlay zone; however, the northern portion was not included in the original designation. Mr. Shields has indicated that he wishes to develop the property and would like to have consistent zoning on all of the property. In addition to Mr. Shields’ property, the Planning Commission is also recommending the northern portion of an adjacent property to the east be included in the 12th Street Overlay Zone. The property to the east of the applicant’s property is owned by Rocky Mountain Power. The underlying zone for all of the property included in the addition is R-1-10. Mark Shields, owner of property at approximately 1800 East Canyon Road, has submitted a petition to have the northern portion of his property included in the 12th Street Overlay Zone. Mr. Shields’ property is approximately 12 acres in total, with about 8.5 acres within the 12th Street Overlay Zone and the remainder outside of that overlay. When the initial designation of the 12th Street Overlay Zone was applied, the northern boundary of the overlay zone did not extend to the northern edge of several properties near the mouth of the canyon. Mr. Shields has expressed interest in developing his property and wishes to have the development flexibility that comes with the overlay zone apply to all 12 acres of property. In addition to Mr. Shields’ property, the Planning Commission is recommending the extension of the 12th Street Overlay Zone to the northern property line of one adjacent parcel. The property to the east of Mr. Shields’ property is owned by Rocky Mountain Power and is the current location of a power substation. While the zoning has little effect ---PAGE BREAK--- 2 Ogden City Council Meeting: July 11, 2017 on the current substation, if the property were to change ownership in the future development could take place based on existing zoning. The extension of the overlay zone boundary on these two properties would create a consistent boundary for the overlay zone north of 12th Street within this area. 12th Street Overlay Zone/Corridor Plan In June of 2005, the City adopted the 12th Street Corridor Plan to guide development of the entire length of 12th Street. A year later, and as a follow-up to the 12th Street Corridor Plan, the 12th Street Overlay Zone was adopted. The overlay zone was designed to “create mixed use residential and commercial development” on 12th Street between Adams Avenue and the City’s eastern boundary at the mouth of the canyon. As an overlay zone, development standards and incentives are used when development that is consistent with the City’s vision for the corridor is proposed. The development standards of the overlay zone apply only to new construction on properties that front directly onto 12th Street. The 12th Street Overlay Zone ordinance provides regulations on a number of site development and site design standards. Horace Mann Community Plan The Horace Mann Community Plan was adopted in 2003 just prior to the work on the 12th Street Corridor Plan. Both the 12th Street Corridor Plan and the Horace Mann Community Plan address this general area. The community plan, which informed the corridor plan, talks about preserving natural settings and view sheds around the foothills. The community plan also talks about lower density housing near the foothills and near Maxfield Drive. The plan, however, also discusses the potential for mixed use residential and multi-family residential development toward the southeastern corner of the community plan area (near the mouth of the canyon) and mentions the use of an overlay zone to guide the design and quality of that development. Lastly, the community plan also discusses canyon gateway uses. The vision strategies with this topic relate to some mountain and canyon oriented uses, reducing unnatural appearance of hardscape, utilizing natural or natural appearing materials, and utilizing the overlay zone for design standards and compatibility. In addition to the vision strategies used to review the proposal from the 12th Street Corridor Plan and Horace Mann Community Plan, there are ---PAGE BREAK--- 3 Ogden City Council Meeting: July 11, 2017 several land use policies include with the City’s General Plan that are applicable as well. The Planning Commission report attached to this memo includes a more detailed analysis of the policies as they relate to this proposal. June 20, 2017 The Council reviewed the proposed rezone at the June 20, 2017 work session. No changes were directed by the Council as a result of the review. The current proposal is to add the northern portion of two properties located near 1800 East Canyon Road to the 12th Street Overlay Zone. The extension of the overlay zone on the two properties would allow development to take place that can fully utilize the design standards and development incentives on the entire property. The two properties consist of the petitioner’s property and an adjacent property owned by Rocky Mountain Power. The proposed extension does not change the underlying zone of R-1-10. The Planning Commission reviewed the petition at several of its meetings. The item was on the agenda for the March 1, 2017, March 15, 2017, and April 1, 2017 meetings. The item was presented at the March 1st meeting and public input was taken; however, the Planning Commission could not take a proper vote at that time due to the lack of a quorum. The item was reviewed at the March 15th meeting and tabled due to discrepancies discovered with the recorded property lines and noticing based on incorrect information. The Planning Commission did renotice and review the item at its April 1, 2017 meeting and forwarded a recommendation of approval to the Council with a 3-2 vote. The motion was made with the finding that the proposed extension of the 12th Street Overlay Zone did comply with the Horace Mann plan as well as the 12th Street Overlay Zone and General Plan. It should be noted that the Planning Commission’s recommendation to approve the amendment did not constitute a majority of its members. The Commission’s rules state, however, that a vote may pass with a majority of those present. Two Commissioners, Commissioners Schade and Blaisdell, felt that the proposal did not meet the intent of the community plan to preserve the ---PAGE BREAK--- 4 Ogden City Council Meeting: July 11, 2017 foothills for single-family development, and that the overlay zone should not be extended beyond that which was approved initially. The Commission received comments from several residents on the proposed rezone. Those comments have been summarized in the transmittal document attached to this memo. 1. Vicinity Map 2. Transmittal 3. Ordinance 2017-34 4. Planning Commission Report 5. Petition 2017-4 Council Staff Contact: Glenn Symes, AICP (801) 629-8164 ---PAGE BREAK--- Proposed Extension of the 12th Street Overlay Zone / 0 200 400 600 100 Feet Published: June 2017 Legend Sources: Ogden City GIS Roads Parcels Area of Proposed Extension Mark Shields Property 1800 East Canyon Road Rocky Mtn. Power Property 12th Street Overlay Zone Area of proposed extension 1350 South Maxfield Drive 1450 South 1475 South 1650 East Canyon Road ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 2017-34 ---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---