Chairman Thomas Invocation Or Thought: Commissioner Lunt Pledge of Allegiance: Commissioner Nancarrow 1
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PLANNING COMMISSION MEETING APRIL 21, 2021 AT 6:30 PM 505 EAST 2600 NORTH NORTH OGDEN, UT 84414 PUBLIC CAN ATTEND BY: Register here or call Katie Gerard at 801-737-9830 to attend in-person. Limited to 15 participants. Click the link below to join the webinar: https://us02web.zoom.us/j/83508961487 Webinar ID: 835 0896 1487 Or Telephone Dial: US: 1 346 248 7799 or 1 669 900 9128 or 1 253 215 8782 or +1 312 626 6799 YouTube: https://www.youtube.com/channel/UCriqbePBxTucXEzRr6fclhQ/videos Welcome: Chairman Thomas Invocation or Thought: Commissioner Lunt Pledge of Allegiance: Commissioner Nancarrow 1. Roll Call 2. Minutes Consideration: a. Consideration and action to approve the April 7, 2021 Planning Commission Meeting minutes 3. Opening Meeting Statement 4. Ex parte communications or conflicts of interest to disclose 5. Public comments for items not on the agenda CONSENT AGENDA 6. Discussion on the Capital Improvement Plan for Streets/Monroe Alignment Presenter: Dave Espinoza, Public Works Director 7. Consideration and action regarding annexing property located at approx. 304 East 2000 North and to zone the property C-2 Presenter: Rob Scott, Planning Director LEGISLATIVE ITEMS 8. ZTA 2018-03 Consideration and recommendation on a legislative amendment to create a Sensitive Lands chapter, amend the Development Constraints chapter, and amend the Definitions chapter Presenter: Rob Scott, Planning Director 9. Remarks - Planning Commissioners 10. Report - Planning Director 11. Remarks - City Manager/Attorney 12. Adjournment _______________________________________________________________________________ CERTIFICATE OF POSTING The undersigned, duly appointed City Recorder, does hereby certify that the above notice and agenda was posted within the North Ogden City limits on this 15th day of April, 2021 at North Ogden City Hall, on the City Hall Notice Board, on the Utah State Public Notice Website, and at http://www.northogdencity.com. The 2021 meeting schedule was also provided to the Standard Examiner on December 12, 2020. The Planning Commission at its discretion, may rearrange the order of any item(s) on the agenda. Final action may be taken on any item on the agenda. In compliance with the American with Disabilities Act, individuals needing special accommodation (including auxiliary communicative aids and service) during the meeting should notify the City Recorder at 801-737-9830 at least 48 hours prior to the meeting. In accordance with State Statute, City Ordinance and Council Policy, one or more Planning Commission Members may be connected via speakerphone. S. Katie Gerard, City Recorder Page 1 NORTH OGDEN PLANNING COMMISSION MEETING MINUTES April 7, 2021 The North Ogden Planning Commission convened for a meeting on April 7, 2021, at 6:33 p.m. COMMISSIONERS: Eric Thomas Chairman Brandon Mason Vice-Chairman Lisa Arner Commissioner Scott Barker Commissioner Alan Lunt Commissioner - excused Nicole Nancarrow Commissioner Johnson Webb Commissioner - excused STAFF: Rob Scott Planning Director Katie Gerard City Recorder Brandon Bell Associate Planner Kai Johnsen Planning Tech Tiffany Staheli Parks and Recs Director Jon Call City Manager/Attorney VISITORS: Danny Wall Greg Wall Jeff Fullmer Brenda Ashdown Jackie Peterson Rick Scadden Don Peterson Planning Commission Meeting April 7, 2021 2. Page 1 of 19 Page 2 Chairman Thomas called the meeting to order at 6:33 p.m. 1. ROLL CALL Chairman Thomas conducted the roll and excused Commissions Lunt and Webb. Vice Chairman Mason noted that Commissioner Arner may need to leave the meeting early and when she does leave, the Commission will no longer have a quorum to act on agenda items. Vice Chairman Mason moved to amend the agenda to move item 10 between the consent agenda and administrative items on the agenda to make sure to act on it before the Commission no longer has a quorum. Commissioner Barker seconded the motion. All voted in favor. 2. MINUTES CONSIDERATION a. Consideration and action to approve the March 17, 2021 Planning Commission Meeting minutes. b. Consideration and action to approve the March 31, 2021 Planning Commission Field Trip minutes. Vice Chairman Mason recommended the correction of a small typographical error on page eight of the March 17 minutes; the minutes indicate that Chairman Thomas opened a public hearing, but he was not present at that point in the meeting and the minutes should be changed to reflect that Vice Chairman Mason opened the public hearing. Commissioner Mason motioned to approve the March 17 and March 31, 2021 minutes as amended. Commissioner Nancarrow seconded the motion. Voting on the motion: Chairman Thomas aye Vice Chairman Mason aye Commissioner Arner aye Commissioner Barker aye Commissioner Lunt absent Commissioner Nancarrow aye Commissioner Webb absent 3. OPENING MEETING STATEMENT Chairman Thomas read the opening statement. 4. EX PARTE COMMUNICATIONS OR CONFLICTS OF INTEREST TO DISCLOSE Chairman Thomas asked if any member of the Commission needs to declare ex parte communications or conflicts of interest. Planning Commission Meeting April 7, 2021 2. Page 2 of 19 Page 3 Vice Chairman Mason stated that he was contacted by a resident several months ago about the land that will be discussed under agenda item 10; the resident asked him if he felt that the land could be used for a residential purpose. He stated that he provided his personal opinion that the property should remain in the hillside protection (HP) zoning designation. He stated he does not believe that conversation will have any bearing on the decision that will be made tonight. Chairman Thomas noted that he has a conflict of interest related to agenda item 10; the subject property is the property adjacent to a property he is developing. If the zoning of the land is changed and the property become developable, he wants to ensure he has maintained an ‘arm’s length’ distance from actions taken regarding that item. He stated he will abstain from discussing and voting on that matter, but he will still conduct the meeting for that agenda item. He then noted that the applicant under agenda item seven is a partner of his on another project, but he has nothing to do with the project that will be discussed tonight, and he has no conflict of interest. No additional disclosures were made. 5. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA There were no public comments. CONSENT AGENDA: 6. CONSIDERATION AND ACTION REGARDING ANNEXING PROPERTY LOCATED AT APPROX. 1700 N FRUITLAND DR AND TO ZONE THE PROPERTY R-1-8 PRESENTER: ROB SCOTT, PLANNING DIRECTOR A staff memo from Planning Director Scott explained when the City is considering a legislative matter, the Planning Commission is acting as a recommending body to the City Council. The City has wide discretion in taking legislative action. 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, requires compatibility with the general plan and existing codes. The applicant has submitted an application to annex 1.11 acres of property at 1700 North Fruitland Drive. The property has an existing single-family home. The applicant will be submitting a subdivision for the property upon annexation and zone designation. The adjacent properties are residential and agricultural. The applicant is requesting a R-1-8 zone. The properties in this area are a combination of R-1-8 and RE-20 zones. CONFORMANCE TO THE GENERAL PLAN The North Ogden General Plan Annexation Policy Declaration calls for this property to be annexed into North Ogden City. The property is within the Coldwater Creek Neighborhood. The General Plan map calls for this property to be developed as residential low density; the R-1-8 zone is consistent with this designation. The memo offered the following summary of potential Land Use Authority considerations: Is the annexation and zoning proposal consistent with the General Plan? Is the property located within the North Ogden City annexation declaration boundary? Planning Commission Meeting April 7, 2021 2. Page 3 of 19 Page 4 The memo concluded staff recommends that the Planning Commission recommend that the City Council annex this property and apply the R-1-8 zone. Mr. Scott reviewed his staff memo. Vice Chairman Mason asked if the Commission is forwarding a recommendation regarding the annexation as well as the zoning assignment, to which Mr. Scott answered yes. Vice Chairman Mason stated he is comfortable with the annexation but would like to understand the zoning of other properties in the area of the subject property. He expressed concern that moving from an R- 1-8 zone to RE-20 is a rough transition. Mr. Scott stated the parcel to the north of the subject property is a County island that is zoned A-1; properties to the west are R-1-8, though some property to the west is located in Weber County. Properties to the south and east are RE-20, meaning this is definitely an area that is in transition. Vice Chairman Mason made a motion to forward a positive recommendation to the City Council to annex the property located at approximately 1700 North and Fruitland Drive and to zone the property R-1-8, based on the findings and subject to the conditions listed in the staff report. Commissioner Arner seconded the motion. Voting on the motion: Chairman Thomas aye Vice Chairman Mason aye Commissioner Arner aye Commissioner Barker aye Commissioner Lunt absent Commissioner Nancarrow aye Commissioner Webb absent The motion carried. LEGISLATIVE ITEMS: 10. ZMA 2021-02 PUBLIC HEARING, CONSIDERATION AND RECOMMENDATION REGARDING REZONING PROPERTY LOCATED AT APPROX. 3625 N. 950 E. FROM HP-3 TO HP-2. PRESENTER: ROB SCOTT, PLANNING DIRECTOR A staff memo from Planning Director Scott explained when the City is considering a legislative matter, the Planning Commission is acting as a recommending body to the City Council.