Planning Commission

Minutes of Regular Meeting of the Ogden City Planning Commission May 1, 2024 Page 1 Minutes of the Regular Meeting of the Ogden City Planning Commission held on Wednesday, May 1, 2024, at 5:00pm, in the Council Chambers and via electronic means on the third floor of the Municipal Building, 2549 Washington Boulevard, Ogden City, Weber County, Utah. Members Present: Jenny Sandau, Chair Cathy Blaisdell, Vice-Chair Jordan Aaberg Andrey Ahkmedov Rick Safsten Mandy Shale Jeremy Shinoda Rick Southwick Michelle Williams Staff Present: Barton Brierley, Planning Manager Joseph Simpson, Deputy Planning Manager Alyssa Girardo, Planner Jennifer Patrick, Planner Damian Rodriguez, Planner Marqae Martinson, Administrative Assistant II James Tanner, Assistant City Attorney Jeremy Smith, Community Development Manager At the request of the Chair, all present stood and recited the Pledge of Allegiance led by Commissioner Blaisdell. Request for Change of Nonconforming Use to allow a window treatment company, 172 W Rushton Street. A staff report from the Planning Division regarding a request for change of a nonconforming use came before the Commission for consideration. The report stated that the applicant is requesting that a window treatment company be permitted to occupy the commercial building, located at 172 W Rushton Street. Per OMC 15-34-2, a window treatment company would be classified as a Contractor Services Company, which is not a permitted use in the C-MU Zone, making it a nonconforming use at the subject property. Staff recommended approval of the proposed change of nonconforming use, finding that the proposed change of use meets the criteria per Section 15-6-3.C of the Ogden City Municipal Code, which are: (1) Would not adversely impact the surrounding properties more than the existing nonconforming use; (2) Would not intensify the use of the site or impacts to the neighborhood; (3) Would not change the character of the existing building or site unless the change would make the building or site more compatible with the surroundings and zoning; and (4) Any site development meets all site development requirements as much as physically possible. A MOTION WAS MADE BY COMMISSIONER SOUTHWICK TO APPROVE THE CHANGE OF NONCONFORMING USE TO ALLOW A WINDOW TREATMENT COMPANY TO OPERATE AT 172 WEST RUSHTON STREET, BASED ON THE PRESENTED FINDINGS. MOTION WAS SECONDED BY COMMISSIONER BLAISDELL, ALL VOTING AYE.  Minutes of Regular Meeting of the Ogden City Planning Commission May 1, 2024 Page 2 Request for Encroachment Permit for front steps of the YCC Apartments, 460 23rd Street. A staff report from the Planning Division regarding a request for an Encroachment Permit for front steps at the YCC Apartments, at 460 23rd Street, came before the Commission for consideration. The report stated that the applicant is requesting the permit to allow a stairway and awning to a size of 4 feet by 12 feet, in the public-right-of-way. Staff recommend approval of the encroachment permit on the condition that the awning be modified so it does not overhang onto the sidewalk, finding that the encroachment meets the criteria in Ogden Municipal Code 7-4-2B in that, it shows good cause, will not interfere with the use of the public right-of-way by vehicular or pedestrian travel, or with utilities legally installed in or over the public way. A MOTION WAS MADE BY COMMISSIONER SOUTHWICK TO RECOMMEND APPROVAL OF THE ENCROACHMENT PERMIT FOR FRONT STEPS OF THE YCC APARTMENTS, AT 460 23RD STREET, BASED ON THE PRESENTED FINDINGS. MOTION WAS SECONDED BY COMMISSIONER BLAISDELL, ALL VOTING AYE. Approval of Minutes A MOTION WAS MADE BY COMMISSIONER SOUTHWICK TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD APRIL 3, 2024, AND THE WORK SESSION HELD APRIL 17, 2024, AS PREPARED. MOTION WAS SECONDED BY COMMISSIONER BLAISDELL, ALL VOTING AYE. Request for Restoration of Nonconforming Use, Uptown Apartments, 486 26th Street. A staff report from the Planning Division regarding a request for reinstatement of a nonconforming use for the multi-family dwelling, at 486 26th Street, came before the Commission for consideration. The report stated that the property is in the C-9 zone, and multi-family dwellings are a permitted use. It is a non-conforming use because it does not meet current parking requirements. It has been vacant since January 2023, which is over a year. The property needs to restore the nonconforming use before use. The minimum number of parking stalls required for a multi-family dwelling in the C-9 zone is 1 stall per unit. That would require 21 parking stalls, and the property has 7 parking stalls, which do not meet current parking dimension standards found in OMC 15-12-8. In 2023, two parcels, occupied by two buildings, that were originally built as multi-family dwellings, were combined. The south building originally had 12 units and was built in 1922. The north building originally had 15 units and was built in 1924. The applicant would like to decrease the total units from 27 to 21 units. Robert Dohse, part-owner, and general contractor for the project, addressed the Commission and explained the request for the nonconforming restoration. He explained that the status was lost during the year that their engineers were working on a plan for the apartments. Ms. Girardo summarized the report and explained that OMC 15-6-3L allows the Planning Commission to consider allowing restoration of multi-family buildings that have lost nonconforming rights to the use in the building for up to the number of residential units the building was originally built for when it was constructed, provided it is determined by the Planning Commission that it meets the factors for consideration. The first factor being that it would enhance the neighborhood and remove nuisance potential. She indicated that if left vacant, the building would become deteriorated and could become dilapidated, which would lead to a nuisance. Therefore, approving the request would enhance the neighborhood. The second factor is that the restoration would not create parking conflicts. Ms. Girardo addressed the lack of required parking stalls and that the current 7 nonconforming stalls do not meet the dimension requirements. She explained that off street parking does not count toward required parking and that new stalls cannot be added to the south, due to a steep slope. However, because the  Minutes of Regular Meeting of the Ogden City Planning Commission May 1, 2024 Page 3 applicant does own both vacant properties to the south, there is a possibility of adding parking. The third factor is that the exterior of the building is repaired and repainted where needed. Ms. Girardo reported that there will not be any changes made to the exterior of the building and repairs would be minimal, as the brick appears to be in good shape, per her inspection. The fourth factor is that all lot areas not used for parking or circulation are landscaped and maintained. She stated that it would be required that all public street frontage on Adams and 26th Street have street trees and landscaping on the property would need to be maintained. The final factor for consideration is that building upgrades are made in the areas that are identified in the building report made by a qualified professional. Ms. Girardo said that the building report was submitted that day, which did not allow staff time to review the report. Staff recommended continuing the item to the next meeting due to not having enough information about parking and to allow time to review the building report. Chair Sandau invited that petitioner to address the parking. The applicant, Sam Newel, stated that by reducing the number of units, it would reduce the required number of parking stalls. He added that they plan to utilize the two parcels that they already own for parking and have submitted those plans. This would allow for up to 15 stalls. Chair Sandau inquired about the building report that staff had not had a chance to review. Mr. Newel indicated that staff has had 18 months to review the plan, which has been submitted multiple times. He added that they had met with staff two months prior and had presented everything including the parking plan for the two lots. Discussion continued regarding whether the housing would be low income as well as bus stop proximity to the project and how those factors would affect parking requirement reduction. Mr. Brierley stated that there is a parking reduction, which is why their requirement is only one space per unit, rather than the normal 1.8 stalls per unit. Mr. Newel added that there have been three fires at the property and there are many safety concerns, where the police have been called. He stated that they had miscommunicated with the Planning Department a few times but asked that the Commission approve the request, indicating that they have only two months remaining to receive the approval and close on the construction loan. Discussion continued regarding the building report and the timeline in which it was received. Ms. Girardo stated that she had not seen anything prior to this application, which was submitted on April 1, 2024, and added that she did not know when they submitted a building permit. Chair Sandau asked what the concern would be of passing the request and not continuing it to the next meeting. Ms. Girardo stated that the concerns are parking and that the plan to utilize the other lots was not submitted with the application and that she was unaware of the applicant wanting to use the vacant area as parking. Mr. Tanner added that if the applicant can come up with the required amount of parking, there would no longer be a nonconforming use that would need to be reinstated. Chair Sandau asked the applicant how many stalls would be able to fit on the vacant parcels. Mr. Newel indicated 14 to 15 stalls would fit and that the property will always be nonconforming. Discussion continued among the commissioners regarding the importance of the building report and how the approval of the nonconforming use would affect it. Mr. Brierley stated that nonconforming use restoration allows the Planning Commission to make requirements beyond building code requirements. Mr. Simpson included that the only permit that the city has on the property is the registration for it to be a vacant building and the application for the nonconforming use restoration. A MOTION WAS MADE BY COMMISSIONER SHALE TO CONTINUE THE REQUEST TO THE NEXT PLANNING COMMISSION MEETING TO ALLOW FOR MORE INFORMATION NECESSARY TO MAKE A  Minutes of Regular Meeting of the Ogden City Planning Commission May 1, 2024 Page 4 DECISION ON THE NONCONFORMING USE RESTORATION FOR THE MULTI-FAMILY DWELLING BUILDING, AT 486 26TH STREET. MOTION WAS SECONDED BY COMMISSIONER SAFSTEN AND PASSED UPON THE FOLLOWING ROLL CALL VOTE: VOTING AYE - COMMISSIONERS AKHMEDOV, BLAISDELL, SAFSTEN, SHALE, SHINODA, SOUTHWICK, AND CHAIR SANDAU. VOTING NO - COMMISSIONERS AABERG AND WILLIAMS. Mr. Brierley stated that the request will be scheduled for the June 5, 2024, meeting. Chair Sandau invited the petitioners to ask any additional questions. The applicant stated that they will be reviewing with staff that it is a historic building that will never conform but will try to get it to conform as much as possible. He added that many items in the building report will be able to be addressed while others are not possible. Commissioner Shale recommended the applicant work with the Landmarks Commission to help the building stay within the historical designation. Request for Modification of Approved Group Dwelling project, Midtown Village, 1450 Washington Blvd. A staff report from the Planning Division regarding a request to amend the townhome building elevations within the Midtown Village mixed-use group dwelling project, at 1450 Washington Boulevard, came before the Commission for consideration. The report stated the proposed change of extending over the common area up to 6’, expanding beyond the recorded 34’ lot/unit depth. Figures 3-5 in the report visualized the proposed change. Preston Mobius, Krisel Travis, and Chantel Luke were present and represented D.R. Horton. Mr. Mobius explained that D.R. Horton would only be purchasing the 68 townhome lots and would be the builder for the project. He stated that their request is to amend the approved building plans and presented the proposed changes, via PowerPoint. Mr. Simpson summarized the staff report and explained the history of the land and the project. He stated that the portion of the project to be considered is just the townhome portion, that the property is zoned C-2, and the size of it requires it to be mixed-use. Utilizing a PowerPoint presentation, Mr. Simpson explained that the recorded plat has individual building pads at 20’ by 34’ and the new design has some encroachment into the common area. He indicated that that the proposal has the first level to expand five additional feet, making it a 39’ depth. The third level is proposed to expand to six additional feet, which is a 40’ depth. The plat amendment would go directly to the mayor for approval and is scheduled for June 7, 2024. Mr. Simpson added that if approval is granted by the mayor, the applicant will need to work with staff to ensure that landscaping percentages and requirements are met, as well as setbacks and building separations. He also added that the color scheme for the townhomes has changed from more tans and browns to grays, whites, and light colors. Staff recommended approval of the proposed Midtown Village group dwelling amendment, subject to obtaining a building permit within 18 months from the date of this plan amendment submittal, all buildings and improvements be completed prior to any occupancy unless a phasing plan is approved by the Planning Commission, and satisfying all department staff review comments which include: (1) Either revising the new townhome buildings to fit within the platted 34’ deep building lots, or the plat be amended to increase the lot depths so that building overhangs are within the platted building lots. (2) If a subdivision plat amendment is approved to increase the lot depths, a new site and landscaping plan be provided showing minimum setbacks, building separations, open space percentages, and landscaping requirements will be met, which must be reviewed and approved by city staff. A MOTION WAS MADE BY COMMISSIONER SAFSTEN TO APPROVE THE PROPOSED MIDTOWN VILLAGE GROUP DWELLING AMENDMENT SUBJECT TO THE CONDITIONS AND STAFF REVIEW  Minutes of Regular Meeting of the Ogden City Planning Commission May 1, 2024 Page 5 COMMENTS AS RECOMMENDED BY STAFF. MOTION WAS SECONDED BY COMMISSIONER BLAISDELL AND PASSED UPON THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COMMISSIONERS AABERG, AKHMEDOV, BLAISDELL, SAFSTEN, SHALE, SHINODA, SOUTHWICK, WILLIAMS, AND CHAIR SANDAU. VOTING NO – NONE. Petition to Rezone from R-1-6 to R-1-5, 605 N Jackson Avenue. A staff report from the Planning Division regarding a request to change the zoning of 6.9 acres at 605 N Jackson Avenue from Multiple-family Residential (R-3) to Two-family Residential (R-2). The report stated that the City’s intention is to develop the property as a single-family subdivision. Because of the scarcity of single-family for sale homes in Ogden, Ogden Community Development is proposing to rezone the property from R-1-6 to R-1-5. This would allow construction of a few additional single- family homes. The major restriction of the R-1-6 zone is the 60-foot minimum lot width. The R-1-5 zone allows 50-foot wide lots. With R-1-6 zoning, the property could be developed with about 22-26 lots with an average lot size of 8,000 – 9,000 square feet. With the R-1-5 zoning, it could be developed with about 30-34 lots with an average lot size of about 7,000 – 8,000 square feet. This property was acquired by the Ogden School District for a new school. The school district declared it surplus, and Ogden City purchased it. Ogden City is currently in negotiations with the school district to also purchase the back part of 685 N. Jackson Avenue. The zone change would affect both the current Ogden City parcel and the back half of the school district parcel. Mr. Smith, Community Development Manager, stated that to get the best and highest use of the land, it would be beneficial to rezone it. Lots will be 7,000 to 8,000 square feet. Mr. Brierley summarized the report and used the aid of a PowerPoint presentation to explain the attributes and location of the site. He then presented statistics of what was built in Ogden since 2020 and pointed out that only five single family home permits were issued in 2023, three of which were done by Community Development. Referring to the General Plan Housing Element goals, the objective of expanding home ownership would be furthered by the rezone. Another objective, to facilitate residential infill redevelopment and rehabilitation in some cases at higher densities would be met by the rezone as well. Mr. Brierley stated that the Mount Lynn Community Plan calls for the area to be single family dwelling units, which it would be. He added that zone change guidelines in General Plan 8E1 would be met, in that: the prevailing character of the area is single-family residential, and the proposal would divide the existing school district property. Staff recommended approval and asked that the Commission find that the requested zone change is consistent with the General Plan, including the zone change guidelines in Ogden General Plan 8E1, and recommend that the City Council change the zone of 605 and 685 Rear N. Jackson Avenue from R-1-6 to R-1-5, with a condition that the city and school district execute a property boundary adjustment reflecting the zone boundary. Discussion continued regarding other property opportunities, the contracting of the work to build the homes, and the possibility of adding another zone to accommodate these types of projects. Mr. Brierley added that adding other zones will be considered with the zoning code update. There being no persons appearing to be heard, COMMISSIONER SOUTHWICK MOVED THE PUBLIC HEARING BE CLOSED. MOTION WAS SECONDED BY COMMISSIONER BLAISDELL, ALL VOTING AYE. A MOTION WAS MADE BY COMMISSIONER SOUTHWICK TO APPROVE THE ZONE CHANGE FROM R-1-6 TO R-1-5 AT 605 AND 685 REAR N JACKSON AVENUE SUBJECT TO THE CONDITION AS RECOMMENDED BY STAFF. MOTION WAS SECONDED BY COMMISSIONER SAFSTEN AND PASSED  Minutes of Regular Meeting of the Ogden City Planning Commission May 1, 2024 Page 6 UPON THE FOLLOWING ROLL CALL VOTE: VOTING AYE – COMMISSIONERS AABERG, AKHMEDOV, BLAISDELL, SAFSTEN, SHALE, SHINODA, SOUTHWICK, WILLIAMS, AND CHAIR SANDAU. VOTING NO – NONE. Reports Landmarks Commission - Commissioner Shale shared the scavenger hunt brochure, stating that this year’s topic is, ‘Ogden’s Contribution to World War II’. She added that the Commission had approved several Certificates of Historic Appropriateness and had a work session focused on code enforcement. Citizen Advisory – Commissioner Southwick stated that the committee had revised and updated number for HUD for the Community Development Block Grant for the next year. Review of Meeting Mr. Brierley explained the reasoning behind why staff recommended continuing the request for the restoration of nonconforming use at 486 26th Street. Commissioners discussed how staff can better help applicants through the process of working with the many divisions required to receive approval from the city and requested that staff present more information about timelines. Commissioner Southwick expressed appreciation to staff and the processes set forth and explained the benefits of the Concept Review Team meeting. Staff explained the purpose of the meeting and how they communicate requirements and processed with applicants. Mr. Brierley introduced Olivia Thomas, a new intern with the Planning Division that will be helping with the General Plan Update. He also reminded the Commission of the annual Planning Commission dinner to be held on May 15. As there was no additional business to come before the Commission, COMMISSIONER AABERG MOVED THE MEETING ADJOURN AT 6:21 P.M. MOTION WAS SECONDED BY COMMISSIONER WILLIAMS, ALL VOTING AYE. _________________________________ MARQAE MARTINSON ADMINISTRATIVE ASSISTANT II _________________________________ JENNY SANDAU, CHAIR APPROVED: 6/5/2024 ______________ (DATE) This document, in conjunction with the digital recording and information packet, constitute the official minutes of the Ogden City Planning Commission.