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1 Ogden City Council Meeting: February 14, 2017 PROPOSED REZONE OF PROPERTY AT 350 7TH STREET FROM R-1-8 AND C-2 TO R-3 Action: Approve/not approve rezone Planning CommissionRecommendation: Approval of the rezone (8-0) Executive Summary A petition has been submitted by Scott Larsen to rezone approximately 1.29 acres of property generally located at 350 7th Street from the current R-1-6 (Residential Single-family) and C-2 (Community Commercial) zones to the R-3 (Residential Multi-family) zone. The eastern portion of the petitioner’s property is zoned C-2 with the western portion zoned R-1-6. In addition to the petitioner’s property, the Planning Commission has forwarded a recommendation to rezone three additional properties fronting onto 7th Street adjacent to the petitioner’s property from R-1-6 and C-2 to R-3. In total, the Planning Commission has forwarded a recommendation of approval of 1.79 acres of property to be rezoned from the C-2 and R-1-6 zones to the R-3 zone. Background Mr. Scott Larsen has submitted a petition to rezone 1.29 acres of property at approximately 350 7th Street from R-1-6 and C-2 to R-3. Mr. Larsen has expressed interest in developing the property and wishes to rezone the property to an R-3 zone to both gain additional development yield on the property as well as to make the zoning for the property consistent. Currently, the western portion of the property is zoned R-1-6 with the eastern portion zoned C-2. The R-1-6 zoning on the western portion is the same as the residential neighborhood to the west of the subject property while the C-2 zoning is the same as the commercial uses to the east of the property fronting onto Washington Boulevard. In addition to the petitioner’s property, the Planning Commission has recommended the rezone of three properties adjacent to the petitioner’s property. The three properties are located to the south of the petitioner’s property and have frontage on 7th Street. Two of the properties are zoned R-1-6 and the third is bisected by the R-1-6 and the C-2 zone in the same manner as the petitioner’s property. ---PAGE BREAK--- 2 Ogden City Council Meeting: February 14, 2017 The proposed rezone from the R-1-6 and the C-2 zones to the R-3 zone would be consistent with zoning in the area as there is an existing multi- family building zoned R-3 between two of the subject properties. In addition, the property north of the petitioner’s property is zoned R-3/CO. As the Planning Commission report notes, the R-3 zone can act as a buffer zone between the C-2 zone to the east and the R-1-6 zone to the west. There are single-family homes on the petitioner’s property and on each of the three additional properties proposed for rezone. The rezone to R-3 would not create any non-conforming uses or non-complying structures. In discussing options for the petitioner’s property, the Planning Commission discussed the challenges of developing the property as single-family homes under the R-1-6 zone and the potential advantages of developing under the R-3 zoning. The petitioner’s property is what is known as a flag lot. A flag lot typically consists of a larger interior parcel with only a narrow access to the public right-of-way. In this case, the total parcel size is 1.29 acres but the access to 7th Street is a narrow strip about 48 feet wide and about 145 feet long. In order to develop under either the R-1-6 or the R-3 zoning, the existing home would need to be removed and an access road built in its place. Under a traditional R- 1-6 development scenario, the 48-foot access may not be wide enough for the dedicated public right-of-way needed to accommodate a subdivision. The R-3 zoning would allow development under the group dwelling option and would allow some additional flexibility in access road widths. Under any scenario, all proper public safety reviews would happen to ensure proper emergency access and turnaround space. In reviewing the proposed rezone’s consistency with the Lynn Community Plan, the Planning Commission found that the proposal was consistent with several elements of that plan. There were a number of concerns expressed that were included in the Lynn Community Plan that have been addressed relative to the proposal as well as at least one policy in the plan that is relevant to the proposal. These are discussed in more detail in the Planning Commission’s report. Although the Lynn Community Plan was adopted in 1986, there are a number of General Plan Land Use Policies that can be used to determine if the proposed rezone is consistent with the goals of the City. These, too, are discussed in more detail in the Planning Commission Report. ---PAGE BREAK--- 3 Ogden City Council Meeting: February 14, 2017 January 24, 2017 The Council reviewed the proposed rezone at the January 24, 2017 work session. There were no changes made to the proposal as a result of the Council’s review. Current Proposal The current proposal is to rezone a total of 1.79 acres of property from the R-1-6 and C-2 zone to the R-3 zone. The proposal consists of the petitioner’s 1.29 acres of property and three additional properties recommended for rezone by the Planning Commission. Planning Commission The Planning Commission reviewed the petition at the January 4, 2017 meeting and forwarded a recommendation of approval with a vote of 8-0. The Commission made its recommendation with the finding that the petition, including the three additional properties, is consistent with the Lynn Community Plan and with other policies outlined in the General Plan. Public Comments No comments were received at the Commission’s January 4th meeting. It is noted in the transmittal that notices were sent to the owners of the three additional properties and that no response has been received by the Planning Department. Attachments 1. Vicinity map 2. Transmittal 3. Ordinance 2017-2 4. Planning Commission Report 5. Petition 2016-11 Council Staff Contact: Glenn Symes, AICP (801) 629-8164 ---PAGE BREAK--- Petitioner's property proposed for rezone from R-1-6 & C-2 to R-3 Additional properties proposed for rezone R-1-6 & C-2 to R-3 Proposed Rezone at 350 7th Street / 0 100 200 300 50 Feet Legend Parcels Streets Proposed Rezone - Petitioner's Property Proposed Rezone - Additional PC Recommended Source: Ogden City GIS Published: January 2017 R-1-6 C-2 C-3 C-3 R-3/CO R-3 C-2 7th Street Grant Avenue Washington Boulevard ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 2017-2 ---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---