NORTH OGDEN PLANNING COMMISSION MEETING MINUTES. October 7, 2015

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1 NORTH OGDEN PLANNING COMMISSION MEETING MINUTES October 7, 2015 The North Ogden Planning Commission convened in a regular meeting on September 16, 2015 at 6:30 p.m. in the North Ogden City Municipal Building, 505 E N. North Ogden, Utah. Notice of time, place and agenda of the meeting was furnished to each member of the Planning Commission, posted on the bulletin board at the municipal office and posted to the Utah State Website on October 1, Notice of the annual meeting schedule was published in the Standard-Examiner on December 21, COMMISSIONERS: Eric Thomas Don Waite Scott Barker Brandon Mason Steven Prisbrey Dee Russell Chairman Vice-Chairman Commissioner Commissioner Commissioner (excused) Commissioner (excused) STAFF: Gary Kerr Jon Call Susan Nance Brian Smith Rob Scott Building Official City Attorney Planning Assistant Planner I City Planner VISITORS: Peter Farley Bob Kay Craig Clawson DeAnn Clawson Val Chase Myrna Chase Ronald Russell Gerry Russell Kathleen Hansen Joanne Smith Margaret Brutto Janet Scothern Norma Bouy John Hansen Ron Paakanen Cathy Paakanen Joslyn Postma Lee Kopinski Shelby Hancock Rachael Miller REGULAR MEETING Chairman Thomas called the meeting to order at 6:42 p.m. Commissioner Barker offered the invocation and led the audience in the Pledge of Allegiance. 1. ROLL CALL Planning Commission Meeting 7 October 2015 Page 1

2 Chairman Thomas conducted roll call; he excused Commissioners Prisbrey and Russell from the meeting and indicated all other Planning Commissioners are present. 2. OPENING MEETING STATEMENT City Planner Scott read the open meeting statement as approved by the Planning Commission prior to commencing discussion of administrative and legislative items. 3. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA There were no public comments. 4. MINUTES APPROVAL A. CONSIDERATION TO APPROVE THE JULY 1, 2015 PLANNING COMMISSION MEETING MINUTES Commissioner Waite made a motion to approve the minutes listed on the agenda. Commissioner Barker seconded the motion. Voting on the motion: Chairman Thomas Commissioner Waite Commissioner Barker Commissioner Mason The motion approved the minutes. 5. EX PARTE DECLARATIONS Chairman Thomas asked if any member needs to declare a conflict of interest or disclose any ex parte communications in which they have engaged. Those present indicated they had no ex parte communications to declare. 6. ADMINISTRATIVE ITEMS a. CONSIDERATION AND/OR ACTION TO CONSIDER AN ADMINISTRATIVE APPLICATION FOR FINAL APPROVAL FOR THE RANCHES PRUD A 79 UNIT APARTMENT COMPLEX LOCATED AT APPROXIMATELY 2250 NORTH 150 EAST. Planning Commission Meeting 7 October 2015 Page 2

3 A staff memo from City Planner Scott explained the applicant is requesting final approval of a PRUD / Subdivision / Conditional Use Permit for The Ranches Subdivision, a 79 unit apartment complex. The Planning Commission granted preliminary approval on April 1, Preliminary approval also included the approval of a conditional use permit. The preliminary development plan was sent to the City Council on April 28, 2015 for their review and comments. The City Council supported the Planning Commission review. The proposal consists of 17 buildings (3 triplexes, 5 four plexes, 4 five plexes, and 5 six plexes) and a clubhouse. The project will have one phase. The applicant has provided renderings of the apartment buildings. The buildings are a combination of one and two stories transitioning from approximately 15 feet to 25 feet in height (maximum is 35 feet). The building materials consist of a combination of brick veneer, hardie board panel siding, stucco, vinyl windows, and asphalt shingles. The colors are earth tones primarily browns and grays. A Technical Review Committee meeting was held on January 14, All of these requirements must be complied with. The City Engineer has sent a letter dated September 23, 2015 that some minor changes need to be made to the engineering drawings but these should not hold up final approval. The following list of requirements from the preliminary approval are listed with a staff comment on how they have been addressed: Compliance with North Ogden Zoning Ordinance. Compliance with any reviewing agency requirements. (See Review Agency Comments / Exhibit B) The site development standards for the R-4 zone regarding exterior setbacks have been met with the exception of the building fronting onto 200 East, this front setback will need to be adjusted to 30 feet. (The site plan has been revised to meet this requirement.) Submit a revised landscape plan showing the amount of plant materials and trail system. (See Exhibits C and I) (The number of trees and shrubs are compliant with the ordinance, i.e., 10 shrubs per building 150 required, 6 deciduous and 1 evergreen tree per residential building.) Submit information showing the calculation for the amount of open space per square footage of living space. (See Exhibit I) (The project has 51% in open green space and 166% of the living space.) Submit information on the amount of plantings from section 6 landscape design standards. (See Exhibit I) (The amount of landscaping is compliant, see above.) Clearly identify all fenced areas. (See Exhibit C / fencing will be constructed on the west and south sides of the project) Locate trash enclosures and submit a design plan. (There will not be any trash enclosures; individual trash cans will be provided for each apartment.) Parking lighting will need to be shown as to the location, brightness, light pole and fixture design. (See Exhibit H) (The lights are designed to concentrate the lighting pattern downward.) Planning Commission Meeting 7 October 2015 Page 3

4 A monument sign will need to be added and the Planning Commission will approve the final landscape plan. (See Exhibit G) Revise the parking layout to provide the required number of stalls 158 for the dwelling units and 40 visitor stalls for a total of 198. (The City revised the parking standard to allow tandem visitor parking stalls to account for half of the required visitor parking. Each of the units has two parking stalls. The parking standard is met.) The above described application conforms to the North Ogden City General Plan due to its being able to be compliant with city ordinances and the following Plan goal: All existing and new development should be required to fairly and uniformly provide improvements according to city standards. The memo offered the following summary of potential Planning Commission considerations: Does the proposed use meet the requirements of the applicable City Ordinances? Does the project meet the preliminary approval requirements? The memo concluded the Ranches PRUD complies with the preliminary approval requirements and can be approved subject to compliance with the reviewing agency requirements. Mr. Scott reviewed his staff memo. Commissioner Waite stated he was surprised to see that the staff report did not include comments from reviewing agencies; he has assumed there were very little open items regarding the project. He did reference the engineer s report where he makes recommendations to change the final plat before recordation and he asked if that is the only additional condition the applicant must meet. Mr. Scott answered. Chairman Thomas invited any public comment from the audience; there were no public comments. Commissioner Waite made a motion to grant approval of the administrative application for final approval for The Ranches PRUD, a 79 unit apartment complex, located at approximately 2250 North 150 East, subject to the conditions listed in the staff report and engineer s report. Commissioner Barker seconded the motion. Voting on the motion: Chairman Thomas Commissioner Waite Commissioner Barker Commissioner Mason The motion passed. 7. LEGISLATIVE ITEMS Planning Commission Meeting 7 October 2015 Page 4

5 a. PUBLIC HEARING TO RECEIVE COMMENTS TO AMEND THE NORTH OGDEN ZONING ORDINANCE TO ADD THE RESIDENTIAL ZONE R-2 (A). A memo from City Planner Smith explained when the Planning Commission is acting in a legislative capacity it has wide discretion. Examples of legislative actions are general plan, zoning map, and land use text amendments. Legislative actions require that the Planning Commission give a recommendation to the City Council. Typically the criteria for making a decision, related to a legislative matter, require compatibility with the general plan and existing codes. This map amendment rezone is to request to allow the former Scottsdale Estates PRUD area to lessen its required minimum vegetative open space from fifty percent (50%) to twenty five percent (25%). The applicant submitted a request to add a RV pad. This request was denied because it did not meet the zoning ordinance site standard of having a minimum fifty percent of the lot left in vegetative open space. The proposed concrete RV pad would make the lot have approximately twenty five percent vegetative open space. The applicant requested that they be allowed to have concrete pads just like a handful of his neighbors had put in. This subdivision was created originally as the Scottsdale Estates PRUD in October This subdivision has 24 lots, and when the subdivision was recorded it was in an R-4 residential zone. It would have also been subject to the PRUD ordinance standards in East is a private road, where each lot line goes into the center of the road. The city maintains the public utilities. This area was rezoned from the R-4 zone to the R-2 zone in October : DEFINITIONS Minimum Vegetative Area: The minimum area required to be vegetated to comply with the open space requirements of the city. Open Space: Any parcel or area of land or water unimproved or improved only with landscaping, bowery, picnic tables, playground equipment, or other improvements typically associated with outdoor recreation and set aside, dedicated, designated or reserved for the public or private use and enjoyment of owners and occupants of land adjoining or neighboring such open space. 11-7: F-4: E SITE DEVELOPMENT STANDARDS E: MINIUMUM VEGETATIVE OPEN SPACE LOT: FIFTY PERCENT (50%). Planning Commission discussed various options on how to accommodate Mr. Russell s request at a meeting that was held September 2, The Planning Commission directed an ordinance be prepared creating the R2-A zone for the area known as the Scottsdale Estates PRUD. It would Planning Commission Meeting 7 October 2015 Page 5

6 have the same standards, as its current zoning classifications except the site standard of 50% minimum vegetative open space would now be 25% minimum vegetative open space. This zone would be called R-2 (A). The memo offered the following summary of potential Planning Commission considerations: Is the Residential Zone R-2 (A) zone amendment consistent with the General Plan? If the proposed Residential Zone R-2 (A) amendment zone appropriate? The memo concluded that if the Planning Commission determines that establishing the R-2 (A) Residential Zone is appropriate, the Planning Commission can recommend adoption. Mr. Smith reviewed his staff memo. Chairman Thomas opened the public hearing at 6:57 p.m. Peter Farley, 2238 N. 500 E., stated he is opposed to the creation of this new zone because he does not support the reduction of minimum vegetative open space from 50 percent to 25 percent. Norma Boyd, 2182 N. 500 E., stated it seems to her that the consideration of this new zone would only serve a view. In the future vegetation and green space will be important to the City and reducing the requirement for vegetative open space from 50 to 25 percent will serve to create an asphalt jungle. She stated she is opposed to the application; lots throughout the City are already getting smaller and smaller and this would only worsen that trend. Ron Russell, 2175 N. 500 E., stated the reason he is requesting the creation of this new zone is to allow for recreational vehicle (RV) parking on his property and others in his neighborhood. He reminded everyone that Utah is located in a desert and any water that can be saved will support further population increases. He stated that if this zoning is not approved, there are four people living in his neighborhood that will be required to remove cement they already have on their property for RV parking and replace it with vegetation. He noted the two previous commenters by the current and past presidents of the homeowners association (HOA) are not specific to the issue he is facing on his property; rather they are specific to a lawsuit the HOA is currently facing. He asked the Commission to realize what the real issue is. He stated that a new development is being built on 1700 North that will contain 342 units with minimal vegetation and a lot of parking area so what he is asking for is not something new. Shelly Hancock, 2671 N. 200 E., stated she is also opposed to the creation of the new zone and decreasing vegetative space. She feels beautification of the City is very important and any time vegetation is replaced with cement it is not very pleasing. Commissioner Mason clarified that this is not a discussion about decreasing vegetation in existing zones; this is a proposal to create a new zone that would allow properties carrying that zoning designation to have less vegetation. Margaret Brutto, 2001 N. 500 E., stated that she believes item 7C has been introduced before a change to the zoning has been discussed and she objects. She stated that she is not a president or Planning Commission Meeting 7 October 2015 Page 6

7 member of the HOA Board of the Scottsdale development, but she feels that something is being discussed that should be discussed next. Gerry Russell, 2175 N. 500 E., stated that it has been very difficult for she and her husband over the past three years to be treated the way they have been by their neighbors; they have been treated like they are not doing what is right, but they just want their RV pad to be permitted. She stated it is sad how people living in such a small community can treat each other so terribly; it is so childish. She reiterated that she wants to be treated fairly and be allowed to keep their RV pad. Bob Kay, 2274 N. 500 E., stated he also lives in Scottsdale Estates and he is supportive of the creation of the new zone that would allow for a reduction of vegetative space from 50 percent to 25 percent. Val Chase, 2264 N. 500 E., asked if this zone could only be used for future development. Commissioner Mason answered no; he stated that owners of existing residences could petition for a change in zoning designation for their property, but the zone could also be used for future development. Mr. Chase stated there is no room for additional development in his neighborhood and like many others that live there, he is opposed to the creation of this new zone. He stated he is the oldest resident in the development and he does not want to feel that he is living in a parking lot. He stated he moved to the development to retire and have a nice yard and he, as well as the majority of the residents living in the development, do not want this change. There were no additional persons appearing to be heard. Commissioner Barker made a motion to close the public hearing. Commissioner Barker seconded the motion. Voting on the motion: Chairman Thomas Commissioner Waite Commissioner Barker Commissioner Mason The public hearing was closed at 7:11 pm b. DISCUSSION AND/OR RECOMMENDATION TO RECOMMEND TO AMEND THE NORTH OGDEN ZONING ORDINANCE TO ADD THE RESIDENTIAL ZONE R-2(A). The Planning Commission engaged in discussion regarding the application. Commissioner Waite inquired as to the minimum lot size in the City s R-2 zone, to which Mr. Smith answered 8,000 square feet. City Attorney Call noted the R-2 zone would permit multi-family development, but to build anything more than a duplex a property must be zoned R-4. Commissioner Waite stated Planning Commission Meeting 7 October 2015 Page 7

8 that there are three areas of the City that carry the R-2 zoning designation; the Scottsdale Estates Development is not one of them as it is zoned Planned Residential Use Development (PRUD). Mr. Smith clarified that the Scottsdale Estates development is zoned R-2. Commissioner Mason stated he feels there is room in the City for this type of zone and he wants to ensure that he understands the definition of minimum vegetative open space. He stated that a lot may contain a home, garage, and driveway and he asked if 25 percent of the total lot would need to be covered in vegetation. Mr. Smith answered. Discussion ensued regarding the difference between vegetative open space on individual properties and open space for an entire development, with Mr. Call noting Section 11-7-F(4) of the City Code specifically states the only vegetative open space requirement is 50 percent vegetative open space per individual lot; this means a subdivision is not considered on a whole. Chairman Thomas inquired as to the other areas in the City that are master planned to carry the R-2 zoning designation. Mr. Smith stated there are no properties that are currently slated for R-2 development, but he identified the areas on the map that are currently zoned R-2. Commissioner Mason asked if the creation of the R-2(A) zone is compliant with the North Ogden City Code. Mr. Call noted that the City is allowed to create various zones and each zone must have development standards, one of which being vegetative open space. The City has the authority to create a zone that has 25 percent vegetative open space. Commissioner Waite stated that one reason for recommending the creation of this zone is that some developments in the City have such small lots and building a sidewalk on those lots has the potential of violating the 50 percent vegetative open space rule. He stated that he would love to perform vegetative open space calculations on all of the homes in Scottsdale Estates because it is his guess that every one of them has less than 50 percent vegetative open space. Commissioner Mason agreed. Commissioner Waite noted that the 50 percent vegetative open space requirement can be viewed as restrictive and can make it very difficult for residents to make improvements to their property, such as pouring a parking pad. Chairman Thomas clarified that this item and the application to amend zoning within the Scottsdale Estates development are applications that are independent of one another; in order to consider a zone change in the Scottsdale development, the City would first need to complete the process to create the R-2(A) zone and that decision is made by the City Council. Commissioner Mason stated he believes there is a market demand for the R-2(A) zone and he believes that it would be a useful tool for the City to use when applicable. He stated he supports the creation of the new zone. Commissioner Waite stated that he attended a planning conference last week and heard that a couple of communities in Salt Lake County have created a commercial/residential zone that allowed for flexibility for setbacks and open space requirements for odd-shaped parcels of property and it offered a tool to create unique development. He stated this recommended zone would serve as a similar tool to address properties that may otherwise be non-compliant or problematic. Commissioner Mason agreed. Planning Commission Meeting 7 October 2015 Page 8

9 Commissioner Mason made a motion forward a positive recommendation to the City Council regarding the amendment of the North Ogden zoning ordinance to add Residential Zone R-2(A). Commissioner Barker seconded the motion. Voting on the motion: Chairman Thomas Commissioner Waite Commissioner Barker Commissioner Mason The motion passed. c. PUBLIC HEARING TO RECEIVE COMMENTS TO REZONE THE PROPERTY LOCATED AT APPROXIMATELY 500 EAST 2175 NORTH FROM R-2 ZONE TO R-2(A) FOR THE SCOTTSDALE SUBDIVISION. A staff memo from City Planner Smith explained when the Planning Commission is acting in a legislative capacity it has wide discretion. Examples of legislative actions are general plan, zoning map, and land use text amendments. Legislative actions require that the Planning Commission give a recommendation to the City Council. Typically the criteria for making a decision, related to a legislative matter, require compatibility with the general plan and existing codes. The previous item considered the establishment of the R-2 A Zone. The Planning Commission should consider wither or not to apply this zone to the property. The memo offered the following summary of potential Planning Commission considerations: Is the rezoning request consistent with the General Plan Is the R2-A Zone appropriate and should the R-2 A zone be applied to this property. The memo concluded that if the Planning Commission determines that applying the R2 A Zone to the Scottsdale PRUD zone is appropriate, then the Planning Commission can make a recommendation to the City Council to make the change from an R-2 zone to the R-2 A Residential Zone. Mr. Smith reviewed his staff memo and provided a brief overview of the history of the zoning of the Scottsdale Estates development. Commissioner Barker inquired as to the number of properties within the Scottsdale development that currently have RV pads or are otherwise non-compliant with the 50 percent vegetative open space requirement in the R-2 zone. Mr. Smith stated there are four lots with concrete pads. Mr. Farley noted that the developer of Scottsdale Estates installed concrete pads on some of the properties prior to selling the homes. Planning Commission Meeting 7 October 2015 Page 9

10 Chairman Thomas opened the public hearing at 7:30 p.m. Mr. Farley stated that he is not speaking as the HOA President this evening; rather, he is speaking as an individual homeowner in the development. He stated he is opposed to rezoning the property as he is concerned about the aesthetic value of the subdivision in which he lives. He stated that the area does not need any more landscaping or xeriscaping. He stated he is concerned about a reduction in property values because if vegetative open space is reduced to 25 percent their property may not blend with the other properties in the development. He stated that it is his understanding that four homes already had RV pads when they were sold to owners, though he is unsure whether those RV pads were permitted by the City. He added that it is his understanding that the requirement for 50 percent vegetative open space was put in place in 2002, well after the RV pad were installed; it is his view that those RV pads should be grandfathered. He stated there has been no objection to them for 15 years and someone is only now making an issue of them for the purpose of installing their own RV parking facility. He stated that the HOA Board did not deny him the ability to install an RV parking pad; rather, they asked him to provide specifics regarding what he wanted to install because they want to maintain a certain appearance in the subdivision, and the resident was unwilling to cooperate with that request. When that resident tried to obtain a permit from the City to bypass the actions of the HOA, he was informed of the 50 percent vegetative open space requirement and his request for a building permit was denied. Ron Russell, 2175 N. 500 E., stated it is interesting to him that the aesthetic value of the property is in question. He noted he has submitted application three different times to the HOA Board and it was denied all three times, even after getting his attorney involved. He added that when he found out that the ordinance required 50 percent vegetative open space, he was told that he would need to petition for the creation of a new zone and a zone change in order for his improvements to be compliant with City Codes, unlike the other four properties in the development that are not compliant. He stated that all he wants is to build a gray cement slab and a white fence and both are aesthetically pleasing. He noted there are other issues involved between he and the HOA Board. He asked that the Planning Commission consider the facts before them tonight and recognize that he is only trying to be compliant with City ordinances. Kathy Hansen, 2194 N. 500 E., owns one of the four properties that has an RV pad; the pad was put in place at the time her home was built and it is not cement, but rather it is rock. The driveway was extended to lead to the RV pad and that work was done by the developer and contractor. She stated that the Russell s have been denied the ability to make the improvements they want by the HOA Board and time and time again they have come to the City to try to get the City to make a decision contrary to the decisions made by the HOA Board. She stated the first thing the Russell s wanted was a red door and that was denied; the second issue dealt with cement color and the Russell s poured a rusty burgundy cement in their driveway, the front walkway, and the walkway to their house and if the HOA Board wanted to get nasty they could insist that be removed as it is against the developments covenants, conditions, and restrictions (CCR s). She stated the next thing the Russell s did was try to make problems for the four residents whose properties had an RV pad when they purchased their homes; if that is an issue the City needs to take it up with the developer who built their homes. Planning Commission Meeting 7 October 2015 Page 10

11 Chairman Thomas identified a home located in the Scottsdale Estates development where it appears that a driveway was widened or extended after the initial concrete was poured and he asked when that work was done. Ms. Hansen stated she cannot answer that question, but addressed Commissioner Waite s previous comment and agreed there is no way any lot in the development is compliant with the 50 percent vegetative open space requirement because of sidewalks and visitor parking spaces. Mr. Farley added that the driveway referenced by Chairman Thomas was installed prior to the time that the home was purchased. Margaret Brutto, 2201 N. 500 E., stated she has 16 signatures on a petition to request that the zoning designation of the subject property be maintained to support the integrity and beauty of the property in the development and the real estate value of the homes. Those 16 signatures equate to 67 percent of the residents in the Scottsdale Estates development. Chairman Thomas noted that the City recognizes that the HOA has their own rules and requirements, but what has brought this issue to a head is the claim of non-compliant properties in the development. He addressed Mr. Call and asked inquired as to the recourse the City has relative to properties that were non-compliant before they were purchased by the current owner. Mr. Call stated that it is necessary to determine what ordinances were in place at the time the property was developed and whether any of the additional improvements were completed with or without City approval. He noted each home would be considered on a case-by-case basis dependent upon the site plan that was approved by the City and situations like this can be very difficult for the City and the homeowners to navigate. Chairman Thomas stated that it also may be an option to designate certain properties as legal, non-conforming. Mr. Call stated that is accurate. Norma Bouy stated that development of the subdivision started in the early 1990 s but was not sole or turned over to residents until 1998; that is also when the official HOA was created. She reiterated the four RV pad in question were in place at that time and they have been considered grandfathered. She apologized that this has turned into a discussion where it appears the HOA is taking a position because the residents were instructed to speak strictly as residents this evening. Bob Kay, 2274 N. 500 E., stated that when Mr. Russell poured his red concrete the original CCR s and bylaws were in effect; according to those bylaws, the architectural committee and board of directors had 60 days from the time that project was completed to require him to remove it and replace it. On day 61 they lost that privilege. Since that time the HOA Board has developed a new set of CCR s and bylaws, but the original bylaws and CCR s had no stipulations regarding what color the cement had to be. He stated that residents must now receive approval from the architectural committee and board for anything considered outlandish and bizarre. Mr. Farley stated that the HOA should not be on trial this evening; it is a private organization that has nothing to do with this situation. Commissioner Waite agreed and stated that the CCR s are strictly between the HOA and residents and the City does not become involved in enforcing them. Planning Commission Meeting 7 October 2015 Page 11

12 Mr. Smith noted that when the Scottsdale Estates development was built it was zoned R-4 and the minimum vegetative open space in the R-4 zone at that time was 50 percent. Mr. Farley stated he would like to a copy of the document confirming that. Craig Clawson, 519 E N., stated he lives in the Legacy Estates development and it is his interpretation that changing the code and zoning of the property will allow the Russell s to build whatever kind of pad they want on their property. Chairman Thomas noted that the zone change would not overrule the CCR s of the development, but currently the Russell s RV pad is nonconforming with the City s Code. Mr. Clawson stated he is simply stating that the Russell s RV pad would be in compliance with the City s Code. He stated that he is familiar with HOA Board and how it is possible for things to become difficult between such entities and residents and it seems to him that the HOA should have known more about codes before coming to this meeting. Bob Kay, 2274 N. 500 E., stated he has looked at the plat for the development and he owns one of the smaller lots in the development; he would recommend allowing vegetative open space of 25 percent of the lot sizes so that all lots will be compliant with City Codes. There were no additional persons appearing to be heard. Commissioner Waite made a motion to close the public hearing. Commissioner Barker seconded the motion. Voting on the motion: Chairman Thomas Commissioner Waite Commissioner Barker Commissioner Mason The public hearing was closed at 7:53 pm d. DISCUSSION AND/OR RECOMMENDATION TO REZONE THE PROPERTY LOCATED AT APPROXIMATELY 500 EAST 2175 NORTH FROM R-2 ZONE TO R-2(A) FOR THE SCOTTSDALE SUBDIVISION. Commissioner Waite stated he was happy to hear information about the zoning of the property at the time the development was first constructed. Chairman Thomas acknowledged this is a difficult situation and there are many emotions involved, but he feels it is appropriate to consider the majority opinion regarding the application. He referenced the petition including 16 signatures from homeowners in the development and noted that is the majority of the residents in the development. He stated he is sensitive to the desires to build an RV pad on the subject property, especially considering that other homes in the development already have RV pads. Commissioner Waite agreed, but reiterated that most of the lots in the development are non-compliant with City Codes and have been non-compliant from Planning Commission Meeting 7 October 2015 Page 12

13 the time that they were created. He asked what recourse the City has. Mr. Call noted there are two different classifications: non-conforming uses and legal, non-conforming uses. He stated that a legal, non-conforming use means that the use was legal at the time it was established, but if it is shown that it was not legal to install the RV pad when the development was first constructed and the City did not provide approval for the improvements, there is a chance the City could require owners to remove the RV pads and bring their properties in compliance with standards that were in place when the development was constructed. He noted there are many different circumstances that could exist that could change the course of action. Commissioner Waite then clarified that any changes to a property within the development must be approved by the HOA Board, so any action the Planning Commission may take is immaterial because the HOA will have final say. Commissioner Mason disagreed and stated that an action taken by the City will provide an overarching regulation. He then added that even if only a minority of residents in the development had signed the petition that were provided to the Commission, he would still not be in favor of changing the rules in the middle of the game when someone has made a financial investment. He stated he feel it was a valid application to make and the Planning Commission has given it due consideration. Commissioner Waite stated he is surprised the residents are not supportive of a zone change that would essentially protect their property, but if they want the current zoning designation to remain in place and take the chance that at some point in time the City may investigation the conformity of the properties with City ordinance, that is their decision. Commissioner Mason told the residents of Scottsdale that if they are out of compliance, they must not want the protection that this new zone would create for them. Commissioner Mason made a motion to forward a negative recommendation to the City Council regarding the rezone of property located at approximately 500 East 2175 North from R-2 to R-2(A) for the Scottsdale Subdivision; the recommendation is based on the fact that the majority of the residents within the development are opposed to the zone change. Commissioner Waite seconded the motion. Voting on the motion: Chairman Thomas Commissioner Waite Commissioner Barker Commissioner Mason The motion did not pass. Chairman Thomas stated that the City Council will make the final decision on this issue. He suggested that any changes of opinion from any person on either side of this issue be communicated to the City prior to the City Council s action on this application. Planning Commission Meeting 7 October 2015 Page 13

14 e. PUBLIC HEARING TO RECEIVE COMMENTS TO AMEND THE TEXT OF TITLE IN SECTION 7: ANIMALS AND FOWLS, TO ALLOW CHICKENS IN THE RESIDENTIAL CITY CENTER (RCC) OUTSIDE SINGLE FAMILY RESIDENCES. A staff memo from City Planner Smith explained when the Planning Commission is acting as a recommending body to the City Council, it is acting in a legislative capacity and has wide discretion. Examples of legislative actions are general plan, zoning map, and land use text amendments. Legislative actions require that the Planning Commission give a recommendation to the City Council. Typically the criteria for making a decision, related to a legislative matter, require compatibility with the general plan and existing codes. North Ogden City allows backyard chickens in certain residential zoned areas. The city has had requests to change the ordinance to allow chickens in the Residential City Center Zone (RCC). The proposed amendment would allow 10 hens on less than.49 acres and 15 hens on properties up to an acre. This allowance is similar to other residential zones. CITY ORDINANCE: : ANIMALS AND FOWL E. Keeping of Backyard Chickens in Residential Zones: Zone Less Than 0.49 Acre (No Rooster) 0.5 Acre To 0.99 Acre (No Rooster) 1 Acre To 4.99 Acres Over 5 Acres RCC 10 hens 15 hens 15 chickens per acre Keeping Of Backyard Chickens in Residential Zones: 1. Additional requirements: 1. Coops will be treated the same as accessory buildings however coops must be maintained not closer than twenty-five feet (25 ) from any dwelling on any adjacent lot. But with the exception that on lots over one acre it must be twenty feet (20') from any neighboring dwelling (see site development standards and subsection C of this chapter regulations applicable to all zones. In surveying other cites the common set back of a coop was about 25 feet. Adding a twenty five foot setback in Residential zones would maintain the safety, and health of surrounding property owners. North Ogden City code already allows for the removal of chickens if any smell, or odor can be detected from the property line. The following sections from the General Plan should be considered as part of this decision process: Ensure public health and safety The memo offered the following summary of potential Planning Commission considerations: Are the changes to the ordinance appropriate? Planning Commission Meeting 7 October 2015 Page 14

15 Does the General Plan support these amendments? The memo concluded staff recommends that the Planning Commission review the draft ordinance and if it is acceptable forward a positive recommendation to the City Council Staff where they will set the ordinance for a public hearing. Mr. Smith reviewed his staff memo. Commissioner Waite stated he is curious about why the language requiring coops to be no closer than 25 feet from any dwelling on an adjacent lot is being added that this time. Mr. Smith stated that is the language that was found in other cities and seems to be a good standard to follow. Commissioner Mason clarified that the 25 foot distance requirement only applies to dwellings on adjacent properties and not to the dwelling or other buildings on the primary property. Commissioner Mason asked there are any restrictions on the area in which chickens are allowed to roam. Mr. Scott noted that is already addressed in the existing ordinance and only the recommended changes are before the Planning Commission this evening. Commissioner Waite noted it is his understanding that there was always an intent to allow chickens in the RCC zone and this is something of a clean-up item. Mr. Scott stated that is correct. Chairman Thomas opened the public hearing at 8:12 p.m. Jocelyn Postma, 2788 N. 550 E., stated that when she moved to the area she was surprised to find that she could not keep chickens because her property borders multi-family dwellings. She conducted some research and noted that 80 percent of the City is allowed to keep chickens and excluded from that allowance were properties zoned RCC. She thanked the City for responding to her request and presenting this application. There were no additional persons appearing to be heard. Commissioner Barker made a motion to close the public hearing. Commissioner Mason seconded the motion. Voting on the motion: Chairman Thomas Commissioner Waite Commissioner Barker Commissioner Mason The public hearing closed at 8:14 pm Planning Commission Meeting 7 October 2015 Page 15

16 f. DISCUSSION AND/OR RECOMMENDATION TO AMEND THE TEXT OF TITLE IN SECTION 7: ANIMALS AND FOWLS, TO ALLOW CHICKENS IN THE RESIDENTIAL CITY CENTER (RCC) OUTSIDE SINGLE FAMILY RESIDENCES. Commissioner Barker made a motion to forward a positive recommendation to the City Council to amend the text of Title in Section 7, animals and fowls, to allow chickens in the Residential City Center (RCC) Zone outside single family residences, based on the information included in the staff report. Commissioner Mason seconded the motion. Chairman Thomas Commissioner Waite Commissioner Barker Commissioner Mason The motion passed. g. DISCUSSION TO AMEND TITLE IN SECTION 7: SIGNS FOR NON-RESIDENTIAL USES IN SPECIFIC DISTRICTS. A memo from City Planner Smith explained when the Planning Commission is acting in a legislative capacity it has wide discretion. Examples of legislative actions are general plan, zoning map, and land use text amendments. Legislative actions require that the Planning Commission give a recommendation to the City Council. Typically the criteria for making a decision, related to a legislative matter, require compatibility with the general plan and existing codes. The North Ogden Elementary School would like to have a marquee type of monument sign (See Exhibit A) However the current ordinances do not allow for this type of sign. The City Council has requested the Planning Commission consider the sign provision of the provisions of the zoning ordinance, to establish standards for institutional uses. The North Ogden City zoning ordinance is found in Signs Permitted for Nonresidential Uses in Specific Districts Signs. Additionally, this zoning ordinance does not list the Residential City Center RCC zone as an area where nonresidential signs are allowed. A clean up item to add the RCC zone to the list of specific districts allowed to have nonresidential sings in the area. This amendment would add Institutional Uses as a definition to the zoning ordinance. The current sign ordinance allows for nonresidential signs to not have a sign area larger than twenty four (24) square feet. These signs must be wall mounted and can be no higher than ten feet (10 ). Freestanding signs are allowed such as monument signs or similar with a maximum height of five feet (5 ) : SIGNS PERMITTED FOR NONRESIDENTIAL USES IN SPECIFIC DISTRICTS Planning Commission Meeting 7 October 2015 Page 16

17 1. HP-3, HP-2, HP-1, RE-20, R , R-1-10, R-1-8, R-1-8(A), R-1-8(AG), R-2, R-3, And R-4 Zoning Districts: 1. All signs permitted in subsection A of this chapter. 2. Signs with a total maximum sign area not exceeding twenty four (24) square feet. Such signs may be wall mounted with a maximum height of ten feet (10') and/or such signs may be freestanding according to the following: a. One freestanding sign shall be permitted with a maximum height of five feet (5'). b. A landscaped area shall be provided, on site at the street frontage at the base of the freestanding sign, with said landscaped area to have a minimum area of four (4) square feet for each one square foot of sign area. c. Electronic/animated reader board signs by conditional use permit. 3. In addition to the twenty four (24) square feet of signs permitted in subsection A2 of this section, each tenant may be allowed three (3) square feet of no illuminated sign area, located on the wall adjacent to the entry of the tenant's business. 4. In addition to the above, a sign with a maximum area of six (6) square feet and a maximum height of six feet (6') may be permitted behind the required front yard setback. In determining what type of signage is appropriate in residential zones it is important to consider the categories of uses allowed in residential zones, for example home occupations, commercial uses. Home occupations commercial uses (R-4 zoning allows professional offices), and intuitional uses (churches, schools, and utilities). A 24 square foot sign area seems excessive for some of these uses. Staff will present some examples of the variety of signs that are being used as per the existing ordinance to spark a discussion on what types of signs that should be allowed in the various residential zones. The memo offered the following summary of potential Planning Commission consideration(s): What type of signs should be allowed in residential zones? The memo concluded staff recommends the Planning Commission provide direction on which provisions to add to the sign ordinance. Staff will draft the ordinance and send it to the Planning Commission for a recommendation. Mr. Smith reviewed his staff memo and reviewed photographs of existing signs in the City that could potentially be allowed in various residential zones if the text amendment were approved. Chairman Thomas asked if there is not an exception for institutional signs in residential zones. Mr. Smith answered and this led to a philosophical discussion regarding appropriate signage standards in residential zones. Mr. Scott stated he would like for actions to be taken that provide clarity regarding the difference between institutional and commercial signs so that it is possible to develop unique standards for each sign type. He noted that sign ordinances are very challenged and very hotly debated and it is necessary to take an appropriate amount of time considering appropriate standards for sign types. Commissioner Waite agreed and noted that the City s sign ordinance is always very painful to amend. Mr. Scott noted there are not significant Planning Commission Meeting 7 October 2015 Page 17

18 changes to make to the ordinance, but it is appropriate for the City ton consider the request that has been made by North Ogden Elementary. Chairman Thomas stated that he would be comfortable allowing for institutional signs such as those that are being requested by the school. Mr. Scott noted that staff will work with the feedback that has been provided and come back to the Planning Commission with a formal recommendation. Commissioner Waite made a motion to table continue discussion of this item until a future meeting. Commissioner Barker seconded the motion. Voting on the motion: Chairman Thomas Commissioner Waite Commissioner Barker Commissioner Mason The motion passed. 8. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA There were no public comments. 9. REMARKS FROM PLANNING COMMISSIONERS There were no additional comments from Planning Commissioners. 10. REPORT OF THE CITY PLANNER Mr. Scott thanked those Planning Commissioners who attended the recent American Planning Association (APA) training and noted he feels such training opportunities are very beneficial to the body and the City as a whole. He then thanked Mr. Smith for his service to the City and indicated he wishes him the very best as he moves on to pursue his career. He then stated that last night s joint Planning Commission and City Council meeting was very long, but some very good decisions were made. He then noted that the City Council is going to experiment with a new meeting schedule where they will meet every week from 6:00 p.m. to 9:00 p.m. He asked the Planning Commission if they have any desires to start their meetings earlier. The Planning Commission indicated they have no desire to change the start time of their meeting. There was a brief discussion regarding the reasons for changing the meeting schedule for the City Council. Chairman Thomas then stated that Commissioner Knight has submitted his resignation from the Planning Commission. He noted that it seems to be a common theme lately that the Planning Commission s recommendations regarding legislative items are being given less weight by the City Council and that is one reason Commissioner Knight has given for his resignation; he feels Planning Commission Meeting 7 October 2015 Page 18

19 his service is no longer being utilized and he desires to move on. He stated that if that is a concern other Commissioners have it is necessary to express that to the Mayor and City Council. He stated he would like to work towards improving or repairing the current relationship between the Planning Commission and City Council. Mr. Scott noted that he feels some of the recent efforts of the Planning Commission will serve to improve that relationship and the Planning Commission should take heart in the fact that the City Council approved a General Plan document that was recommended to them by this body. Commissioner Waite stated that as last night s meeting was adjourning, one of the City Council Members made the comment that they do not like the joint meetings with the Planning Commission because it is like having 10 City Council Members. Mr. Scott stated that he did not hear that comment, but it is unfortunate. Commissioner Mason stated that he has no emotional attachment to anything the Planning Commission has proposed, but he acknowledged this can be a tough job. Mr. Call agreed and noted that it is more important to value implementing or following the law rather than keeping track of a win-loss record. Commissioner Mason stated that regardless, he would like for the Planning Commission to at least be listened to; perhaps the actual recommendations of the Planning Commission could be better detailed in the meeting minutes. Mr. Scott agreed and indicated that one thing he would like to discuss in the near future if the process of making motions that will better communicate the reason behind a specific recommendation of the Planning Commission. 11. REMARKS FROM CITY ATTORNEY There were no additional comments from the City Attorney. 12. ADJOURNMENT Commissioner Waite made a motion to adjourn the meeting. Commissioner Mason seconded the motion. Chairman Thomas Commissioner Waite Commissioner Barker Commissioner Mason The motion passed. The meeting adjourned at 8:43 p.m. Planning Commission Meeting 7 October 2015 Page 19

20 Planning Commission Chair Susan Nance, Planning Assistant Date approved Planning Commission Meeting 7 October 2015 Page 20

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