Planning Commission

Minutes of the Ogden City Planning Commission meeting held April 3, 2024. Meeting was conducted by Chair Sandau and began at 5:01pm. Members Present: Jenny Sandau, Chair Cathy Blaisdell, Vice-Chair Jordan Aaberg Andrey Akhmedov Rick Safsten Mandy Shale Jeremy Shinoda Michelle Williams Members Excused: Rick Southwick Staff Present: Barton Brierley, Planning Manager Joseph Simpson, Deputy Planning Manager Jannette Borklund, Administrative Assistant III James Tanner, Assistant City Attorney Dalton Richins, Engineering Others Present: Nick Milford Gary Iverson Dave Graf 1. Approve Agenda 2. Consent Agenda A. Approval of the Minutes of the regular meeting held March 6, 2024, and the work session held March 20, 2024. 3. Change of Nonconforming Use, used car lot, 1661 Washington Blvd. (withdrawn by applicant) 4. Preliminary Subdivision, for Liberty Cove East, 105 W. North Street. 5. Group Dwelling Modification, for Midtown Village, 1450 Washington Blvd. (applicant has requested item to be continued until May 1, 2024 but public comment may be heard) 6. Public Hearing, Ogden Bend Master Plan a. Project Master Plan Amendment b. Zoning Ordinance Text Amendment 7. General Plan Consistency, Capital Improvement Plan 2025 Review of Correspondence (if any) Reports: Landmarks Commission – Mandy Shale Citizen Advisory – Rick Southwick Ogden Trails Network – Michelle Williams Review of Meeting 1. Approve Agenda Chair Sandau noted Item #3 has been withdrawn from the agenda by the applicant and will not be heard. The applicant for item #5 has requested it be continued until May 1, 2024. As notices were mailed for that item, the Commission will entertain comments and retain them as part of the public record. Due to the times referenced on the agenda, Item #7 will be moved to be Item #3. She then declared the agenda approved with those revisions. 2. Consent Agenda A. Approval of the Minutes of the regular meeting held March 6, 2024, and the work session held March 20, 2024. Page 1 of 8  A motion was made by Commissioner Blaisdell to approve the minutes as prepared. Motion was seconded by Commissioner Shale and passed unanimously. 3. Change of Nonconforming Use, used car lot, 1661 Washington Blvd. (withdrawn by applicant) 7. General Plan Consistency, Capital Improvement Plan 2025 Mr. Brierley indicated as part of the upcoming budget preparation, the capital improvement plan has been prepared. The Planning Commission is charged to review the Plan to determine whether it is consistent with the General Plan, and to make recommendation whether other items also should be considered by the City Council to be added. He reviewed the proposed plan, noting most of the items had been identified in previous years but were unable to be funded, and so were carried over into the current plan, and as they were previously approved as being consistent with the General Plan, will not be discussed. The remaining items are under recreation, transportation and utility categories. Recreation has identified nine new projects, eight of which are upgrades to existing facilities, including amphitheater restrooms, dinosaur park utilities, golf course safety and clubhouse upgrades, Trackline expansion, 9th Street Park fencing, basketball courts and pickleball courts at Lester Park. The new item is construction of a community field house, but as no location has been identified, it cannot be determined to be compliant with the General Plan. Transportation has identified five new projects, including sidewalks leading to Hillcrest School, a traffic signal at 1100 North and Monroe, reconstruction of 7th Street, improvements to 2nd Street between Washington and Monroe, and improvements to the Valley Drive/Harrison intersection. While the Mt. Lewis Plan identified a need for traffic calming along Monroe Boulevard, it had suggested a traffic circle rather than a signal for the intersection of 1100 North and Monroe. Staff is suggesting consideration be given to a traffic circle or that the plan be amended to identify a traffic signal as an option to calm traffic. He felt other items are compliant with the community plans and the General Plan. Other items include wellfield improvements at Pine View Dam and a columbaria at the City cemetery, which both appear to be compliant with the goals and policies of the General Plan. Staff recommends the Commission finds the 2025-2029 CIP to be consistent with the Ogden General Plan with these exceptions: • EN017 1100 N and Monroe Traffic Signal. Recommend that an evaluation of the roundabout be provided and, if a traffic signal is preferred, that a general plan and master plan amendment be considered. • RG010 Community Field House. As a location for this facility has not been determined, General Plan consistency cannot be determined. Feasibility studies and preliminary plan development can proceed with CIP fund to determine facility location. MOTION: A motion was made by Commissioner Safsten to determine finds the 2025-2029 CIP to be consistent with the Ogden General Plan with these exceptions: • EN017 1100 N and Monroe Traffic Signal. Recommend that an evaluation of the roundabout be provided and, if a traffic signal is preferred, that a general plan and master plan amendment be considered. • RG010 Community Field House. As a location for this facility has not been determined, General Plan consistency cannot be determined. Feasibility studies and preliminary plan development can proceed with CIP fund to determine facility location. Motion was seconded by Commissioner Blaisdell and passed unanimously with Commissioners Aaberg, Akhmedov, Blaisdell, Safsten, Shale, Shinoda, Williams and Sandau voting aye. 4. Preliminary Subdivision, for Liberty Cove East, 105 W. North Street. Page 2 of 8 Mr. Mikle Bastian stated this request is to allow for the individual sale of units in an effort to promote home ownership in keeping with the intent of the R-2 zone regulations and the commitment he made at the time the property was rezoned. The request is for preliminary subdivision approval. Mr. Simpson indicated the proposal is for a private subdivision which would allow the sale of individual homes within this section of the group dwelling project. He reminded the Commission the group dwelling standards limit projects by acreage, and this project was divided into two phases in order to meet those standards, but would function as one project, with each able to stand on its own merits. This phase consists of 16 units and two existing single-family homes facing North Street. The property had previously been reviewed by the Commission, first for its current zoning, and then for both preliminary and final group dwelling approval. He stated there is no indication on the proposed plat which assures access between the two phases of development, and suggested some easement language be added. He stated other minor corrections have been identified which need to be made to the plat and the CC&R’s are required to be reviewed by Legal Staff. As a private irrigation canal is within the property, their approval must also be obtained. Staff recommendation is for approval subject to dedicating easements for the parcels that make up the Liberty Cove West to connect vehicle, pedestrian and utility access through Liberty Cove East as well as the following conditions: 1. Provide complete grading information for the site that meets code requirements; 2. Correcting errors in the legal descriptions of the plat and identifying street names; 3. Implementing legal staff requirements for correct verbiage with the plat and CC&R’s and providing an updated title report; 4. Incorporating municipal utility easements and meeting engineering standards; 5. Implementing engineering requirements for sewer, water, storm water, and access; 6. Installing survey monuments as directed by the city surveyor; 7. Satisfying irrigation canal company requirements; and. 8. Establishing a financial guarantee with Ogden City for subdivision improvements. Commissioner Shale stated during previous action, a resident had asked about a historic walking path which had originally connected to Pioneer Road but has now been fenced off and no public access is allowed. She asked if it had been resolved. Mr. Bastian indicated he had reviewed both the title work and the document obtained from that property owner identifying the use of the road, but there is no record that identify the walking path as being within his property. Mr. Tanner indicated he had also researched this claim and found no evidence or record to confirm an existing right-of-way. Commissioner Williams asked if there might be a proscriptive easement right for the use of the walkway as it existed for many years. Mr. Tanner responded while that may be an option, it cannot be determined by this body and would require a court decision. Mr. Bastian indicated he is not positive of its location, but as near as he can tell, the area is covered in briers and is not accessible from his project. Mr. Simpson agreed it is not a determination before the Commission, noting the proposed subdivision plat has been reviewed by several City departments, and none have found any indication that a walking easement is to be retained. He stated the proposed subdivision appears to be able to meet City codes and ordinances. Commissioner Aaberg asked why both phases are not being considered for subdivision at the same time. Mr. Bastian indicated there are details on the western section which are still in the process of being worked out with UDOT, and as he is anxious to begin construction, he desired this phase be approved now. Page 3 of 8  MOTION: A motion was made by Commissioner Blaisdell to grant preliminary subdivision approval based on the findings the subdivision will be in the best interest of the public and in harmony with good development of the area by dedicating easements for the parcels that make up the Liberty Cove West project to connect vehicle, pedestrian and utility access through Liberty Cove East and will comply with City ordinances by satisfying ll departmental staff and private utility conditions. Approval is subject to by dedicating easements for the parcels that make-up the Liberty Cove West project to connect vehicle, pedestrian, and utility access through Liberty Cove East and satisfying staff comments, which includes: 1. Provide complete grading information for the site that meets code requirements. 2. Correcting errors in the legal descriptions of the plat and identifying street names. 3. Implementing legal staff requirements for correct verbiage with the plat and CC&R’s and providing an updated title report. 4. Incorporating municipal utility easements and meeting engineering standards. 5. Implementing engineering requirements for sewer, water, storm water, and access. 6. Installing survey monuments as directed by the city surveyor. 7. Satisfying irrigation canal company requirements. 8. Establishing a financial guarantee with Ogden City for subdivision improvements. Motion was seconded by Commissioner Aaberg and passed unanimously with Commissioners Aaberg, Akhmedov, Blaisdell, Safsten, Shale, Shinoda, Williams and Sandau voting aye. 5. Group Dwelling Modification, for Midtown Village, 1450 Washington Blvd. Chair Sandau announced the applicant has requested item to be continued until May 1, 2024 but if anyone is here regarding that item., their comments will be noted and considered as part of the record for that meeting. Mr. Gary Iverson stated he is an adjoining property owner and feels the proposed development will be a benefit to existing uses in the area. MOTION: A motion was made by Commissioner Blaisdell to continue the item until the May 1, 2024 meeting as requested by the applicant. Motion was seconded by Commissioner Safsten and passed unanimously with Commissioners Aaberg, Akhmedov, Blaisdell, Safsten, Shale, Shinoda, Williams and Sandau voting aye. 6. Public Hearing, Ogden Bend Master Plan a. Project Master Plan Amendment b. Zoning Ordinance Text Amendment Mr. Brierley indicated this is a continuation of the public hearing which was heard at the March meeting, staring the Commission has since held a work session and Staff has now made some revisions. He defined the Riverbend area as being between 18th and 20th Streets from Wall Avenue east to Washington Boulevard. The area is zoned MU and is about 30% developed. The master plan for the area was developed in 2011, and this action is to both update the plan and make some modifications to spur future development and to amend ordinance language to better match the intent of the plan. The initial plan amendment would relocate the park which extends from Lincoln Avenue to Wall Avenue on the north side of the Ogden River, to being across the river from the existing High Adventure Park. A second item would be to modify the fixed building requirements, stating those Page 4 of 8 shown in the plan do not match property lines. The proposal would simplify the process for these buildings, while the same types of buildings will be required, their specific location and layout can be flexible. During the March meeting, the Commission had identified a concern that public access to the Ogden River is being lost as development occurs. Staff is recommending language which would preserve a 12’ walking path on both sides of the river for public access and maintenance. The Ordinance would require a 5’ setback from the floodplain boundary rather than the property line, with an additional 2’ setback for each 1’ of building height. Commission also had expressed concern with the abundance of apartments and asked if home ownership might be considered. Staff is recommending language in the code be amended to require all cottages to be platted for individual ownership as well as 25% of the units or buildings in each project be platted or developed as condominiums to allow individual ownership. The Commission also discussed increasing the size of the park. The existing High Adventure Park is 2.5 acres and the proposed plan adds 5-6 acres. The Commission had suggested it be increased to become 10-11 acres, being extended to Grant Avenue. Expanding the park would require additional land to be acquired as well as funding the cost of park improvements. The Parks Master Plan does not identify a need to increase the size of the High Adventure Park or identify a need for additional parks in this area. As this is an RDA project, increasing park land would decrease taxable properties within the project. Staff is not recommending any expansion of the High Adventure Park over what was approved in the Riverbend Master Plan and proposed as a land swap to be relocated from Wall Avenue to the south side of the Ogden River. Mr. Brierley then discussed the area to the north of 18th Street, indicating a property owner had requested it also be considered as an option for the development of cottage lots. He stated while Staff supports the concept and is willing to add the concept to the master plan, the property owner would be required to petition for the zone change to MU in the future. The existing plan limits the height of buildings on Wall Avenue to four stories. Lotus has requested the height be increased to six stories. He noted the downtown section of Wall Avenue allows five stories and development on the west side of Wall is now at four stories. While no parking plan has been defined, the plan does allow parking at the rear of lots or underground parking, defined as podium parking. He stated the downtown ordinance requires the ground floor to be 14’ in height to allow for commercial uses while Lotus is requesting 10’ ground floor height. Lotus is also requesting reduced setbacks on both Wall Avenue and 18th Street, as a 10’ setback is required for apartment buildings while there is zero setback required for commercial buildings. They also are requesting a revision in maximum building length so long as there is enough visual relief to allow a single building to appear as several attached buildings. This can be accomplished with a variety of height, building materials, setbacks or other visual features. He stated the Commission may desire to discuss each of these items and make a determination before adopting either the master plan or ordinance amendments. Staff recommends the Commission find the proposed amendments to be consistent with the General Plan and recommend the proposed revisions to the Ogden Bend Master Plan for approval to the RDA and the zoning text amendment to the City Council. Mr. Nick Milford, 2510 Washington, felt there is no need for additional park land, stating as he now rides his bike along Grant Avenue to purchase groceries, he would prefer more residences rather than open park land, stating there is adequate park land in the area. He felt adding setback from the river Page 5 of 8  based on building height is unnecessary and felt the addition of dwelling units would be preferable. He supported the concept of cottage lots on the north side of 18th Street and felt the height and length of buildings on Wall Avenue could be increased in an effort to spur development and create momentum for the rest of the project. As there were no additional comments, a motion was made by Commissioner Safsten to close the public hearing. Motion was seconded by Commissioner Aaberg and passed unanimously. The first item of discussion was the requirement for property ownership. Commissioner Williams commented 25% seems like a low threshold and felt the owner occupancy should be higher. She asked if any deed restrictions would be created to assure owner occupancy. Mr. Brierley responded the requirement is that units be platted so individual ownership could occur but the enforcement of actual ownership is difficult to enforce. He stated a deed restriction is not recommended by Staff. Commissioner Aaberg asked for clarification of Staff recommendations relating to ownership. Mr. Brierley recommends all cottage lots be platted for individual ownership and then an additional 25% of remaining units also be created which could be platted for ownership. This could include townhomes or condominiums. Commission expressed concern that a condominium always requires a homeowners association while platted townhomes could be individually cared for. Commissioner Safsten expressed concern that the 25% requirement in the mixed use section could impede development and felt it should not be added. Chair Sandau asked each member to express their thoughts. Some expressed support of Staff’s recommendation while others felt there should be more flexibility in the mixed use buildings. The final agreement was to require all cottages and townhomes to be platted so individual sale could occur as well as 25% of the mixed-use area. The maximum height of buildings was next discussed. Commissioner Safsten identified existing features surrounding the proposed location of the apartment building on Wall Avenue, stating residents would overlook two junkyards, the UTA terminal and storage units. He felt there is a need for residential density in the downtown in order to increase commercial uses. He stated there should be no fear of taller buildings in the downtown, indicating this is the best location for taller buildings and increased residential uses. Commissioner Aaberg felt there should be a layered transition from taller buildings to the proposed use of cottages on the north side of 18th Street. He felt a six-story building would not allow space for a smooth transition in height levels. Commissioner Williams expressed support of a four- story building along Wall Avenue and felt if six stories were allowed it would create an impetus for additional six-story buildings in the area. It was suggested the Union Station Plan provides good transition between various building heights. Discussion continued relative to whether underground parking would require an increased height and whether good quality surface parking may also be designed. Commission agreed to allow five story buildings along Wall Avenue and then limit those not along Wall to four stories. The next item for discussion is the required height of the ground floor. While the intent for increased height to 14’ is to create a more inviting commercial space, if the ground floor were designed as parking for tenants, 10’ may be adequate. Commissioner Blaisdell expressed support for a firm base on the ground floor, stating the increased height to 14’ would provide more options for commercial development. It was noted there is no requirement for commercial use within the building. Commissioners Aaberg and Williams expressed they felt 10’ is adequate if the use is only residential or parking on the ground floor. Mr. Brierley then indicated the required setback for apartment buildings is 10’ on both Wall Avenue and 18th Street and the developer is asking this to be reduced. He stated commercial or mixed uses are allowed up to the property line and the developer would prefer that option. Commissioners Page 6 of 8  expressed concern about the speed of traffic along Wall Avenue and felt a zero setback could be dangerous for both residents and vehicles. Commissioner Aaberg suggested the setback on Wall be reduced to 5’ but 10’ be required on 18th Street in order to provide a better transition to other uses to the east. Commissioner Williams asked why there is a setback requirement for apartments and felt the reduced setback would maximize development potential. Commissioner Blaisdell felt 10’ should be maintained stating if there is no setback there have been situations created in the past where power boxes, transformers, air conditioners or trash receptacles are then required to be located in the right-of-way. She felt there should be some separation between pedestrians and the tall building. The Commission then discussed whether the building lengths might be increased to match the standards of the downtown area. Mr. Brierley explained the existing maximum length is 200’ with no breaks or any length if there are visual breaks along Wall Avenue and then 150’ on other streets. Discussion continued relating to the number of buildings which might be required if the limit remains. Commission determined to keep the plan as it currently exists and then allow the developer to work out the details. Commissioner Shinoda expressed concern about the difference in areas of the proposed land swaps, stating the area being acquired by Lotus is larger than what they are trading to Ogden City, resulting in a loss of some park space. He asked if additional property might be acquired by Ogden City to make up for that loss. He felt any reduction in density for the apartment building is justified due to the loss of park space. He stated the space on Wall Avenue is a benefit for Lotus and also helps with the development of the downtown. Commissioner Safsten commented while park space is slightly reduced, the taxable space would be increased and would be a benefit to the City. Commissioner Shale agreed parks are a benefit to the community but the ability for proper maintenance of additional park land is not funded. Commissioner Blaisdell indicated a goal had been identified that a park is within walking distance from each residence. It was indicated the Lotus development would be required to have some on-site amenities for its residents. Commissioner Safsten expressed support of the park land being relocated so it would span both sides of the river and creates a more natural environment. MOTION: A motion was made by Commissioner Safsten to recommend approval of the Ogden Bend Master Plan amendment as shown in Attachment 5 and text amendment as shown in Attachment 6 based on the findings both will comply with the General Plan, the intent of the mixed-use zoning ordinance and comply with both State and Federal law. Commission is recommending exceptions be included which allows the building on the northwest corner between Wall Avenue and Pingree on 18th Street to be up to five stories in height with the base floor height to be 10’ in height, with other ordinance requirements as they currently exist in terms of setbacks and building length. Motion was seconded by Commissioner Williams and passed unanimously with Commissioners Aaberg, Akhmedov, Blaisdell, Safsten. Shale, Shinoda, Williams and Sandau voting aye. Review of Correspondence (if any) – none received. Mr. Brierley asked the Commission if they would support an ordinance amendment which would allow Staff review of small expansions of nonconforming uses, stating the fees to appear before the Commission is often more than the work being proposed. He is suggesting that residential uses in commercial or industrial zones be held to the same standards as if they were in residential zones. Reports: Landmarks Commission – Mandy Shale had a conflict and was unable to attend Page 7 of 8  Citizen Advisory – Rick Southwick – not present, no report Ogden Trails Network – Michelle Williams – was excused from March meeting, no report Review of Meeting Mr. Tanner asked why the Midtown Village project had been requested to be continued, stating he had spoken with the developer earlier in the day. Mr. Simpson stated it was originally approved as one project and the residential section is being sold and developed by the applicant, but he wanted to meet with the owner of the commercial section to assure he was aware of how development would occur and identify a phasing plan. Commission discussed the decision-making process on a complicated item such as the Ogden Bend Plan and MU text amendment, indicating it worked well to break down the individual items for discussion and come to a consensus before an overall motion was made. Me. Brierley indicated the discussion at the work session will be about the General Plan. Commissioner Blaisdell indicated there are several good articles in the current Planning magazine. There being no additional business before the Commission, a motion was made, seconded and passed unanimously to adjourn the meeting at 7:05pm. Respectfully submitted, Jannette Borklund (May 29, 2024 10:03 MDT) Jannette Borklund, Administrative Assistant III Approved: 5/1/2024 ________________ (date) ________________________ Jenny Sandau (May 28, 2024 18:54 MDT) Jenny Sandau, Chair Page 8 of 8