PROPOSED AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE PROJECT AT 100 WEST 2ND STREET
Adopt/not adopt ordinance
Approval of the amendments (5-2)
Shawn Strong, developer of the townhome project at 100 West 2nd Street, is proposing several amendments to the development agreement for the project. The property was rezoned with a development agreement in February 2019 for the development of 30 townhomes. A subsequent request to amend the Lynn Community Plan and rezone additional property to the west was denied by the Council in February 2020. As such, the project remains limited to the original property and to the 30 units approved with the original development agreement. The petitioner is requesting several minor changes to that agreement including a reduction of required trees per unit, an amended project timeline and an update to the owner name.
Development on the Corner of 2nd Street and Wall Avenue An initial petition was filed by Eduardo Hernandez-Orozco to rezone just over three acres of property on the northwest corner of 2nd Street and Wall Avenue. The request was to rezone the property from R-1-6 to R- 3/CO for the approval of a 30-unit townhome project. The request was consistent with the Lynn Community Plan as it was specific to the area discussed in the plan. The intent was to allow the increased density sought by Mr. Hernandez-Orozco on only the property directly adjacent to the intersection. The Council approved the rezone in February of 2019 and that zoning designation is still in place now.
The current petitioner, Mr. Strong, purchased the property after the February 2019 approval and in October 2019 submitted a petition to amend the Lynn Community Plan and rezone additional property to increase the size of the project. The request to amend the community plan and rezone the additional property was denied by the Council in February 2020.
Ogden City Council Meeting: August 18, 2020 1
Planning Commission Review; amended petition In October 2019, Mr. Strong also submitted a petition to amend the development agreement to revise the site plan and buildings, increase the number of units from 30 to 40, decrease the amount of landscaping and reduce the number of trees per unit from 3 to 2. At its meeting of November 6, 2019, the Planning Commission made a motion to deny the petition as it was originally submitted based on the finding that it was not consistent with the community plan or the policies of the general plan. That motion passed with a vote of 7-0. At the same meeting, Mr. Strong amended his petition to include only the change to the developer name, to allow only two trees per unit and to amend the project competition timeline. The Commission voted to recommend approval of those amendments with a vote of 5-2.
August 4, 2020 The Council reviewed the proposed amendments at the August 4 work session. No changes were directed by the Council at that time.
As amended at the November 6, 2019 Planning Commission meeting, the proposed amendments include revising the developer name in the agreement to show Mr. Strong and Parkridge, Inc. as the owner, amending the landscape requirement to allow two trees per unit instead of three and updating the project timeline to reflect the time elapsed through the petition process.
The amendment to the tree requirement is based on the actual number of trees required based on the underlying zoning. The original site plan proposed more trees per unit than was required under conventional development standards for the R-3 zone.
The Planning Commission reviewed the proposal at its November 6, 2019 meeting and made a motion to deny the petition as it was submitted. However, at that meeting, the petitioner revised the petition to amend only the owner name, tree requirement amendment and the timeline update. The Commission made a motion to recommend approval of the revised petition with a vote of 5-2. The motion was made with the finding that the revised development agreement amendment is consistent with the Lynn Community Plan and the policies of the general plan. Commissioners Castillo and Herman voted against the
Ogden City Council Meeting: August 18, 2020 2
recommendation citing opposition to the reduction in required trees per unit. Additionally, Commissioner Herman indicated that he had voted against the initial rezone and did not find the R-3/CO zoning to be appropriate.
Several residents spoke at the November 6 Planning Commission meeting. Mr. and Mrs. Creager spoke expressing concern about the status of the development agreement and the lack of information received by the residents. Mrs. Keogh also spoke and expressed concern about the developer not meeting with neighbors about the proposed amendments.
1. Transmittal 2. Ordinance 3. Planning Commission Report 4. Correspondence from the Ogden City Urban Forester regarding trees on site.
Administrative Contact: Greg Montgomery, AICP (801) 629-8931 Council Staff Contact: Glenn Symes, AICP (801) 629-8164
Ogden City Council Meeting: August 18, 2020 3 Submitted to CAO: June 25, 2020
Ogden City Council Received by Council:
PETITIONTransmittal #2019 -18 TO AMEND THE DEVELOPMENT ND AGREEMENT ON THE PROPERTY LOCATED AT 100 WEST 2 STREET
DEPARTMENT: DIRECTOR: Community and Economic Development Tom Christopulos
DIVISION: MANAGER: Planning Greg Montgomery
STAFF: CONTACT: Joseph R. Simpson 801-629-8923, [email protected]
REQUEST: To amend the development agreement on the R-3/CO zoned property located at 100 West 2nd Street to change the developer name, redesign the site and buildings, increase the number of dwelling-units from 30 to 40, decrease the amount of landscaping from 47% to 30%, and reduce the number of onsite trees from 3 per unit to 2 per unit.
NOTE: The petitioner revised the requested amendment in the meeting to only change the developer name and allow 2 trees per unit.
REQUESTED TIMELINE: As soon as possible
RECOMMENDATION: The Planning Commission reviewed this item on November 6, 2019. A motion was made to deny the petition as it was submitted based on the findings that it is not consistent with the Lynn Community Plan or the policies of the General Plan, which passed unanimously. Immediately after the first motion passed, a second motion was made to approve the revised petition to change the developer name, to allow two trees per unit, and to extend the timeline to begin construction within one-year and to have construction completed within two-years; finding that the revised amendment is consistent with the Lynn Community plan and the policies of the General Plan.
PLANNING COMMISSIONERS VOTE Yes No Blaisdale………………………………………………………………………………….. X Castillo………………………………………………………………………………………………………………... X Graf……………………………………………………………………………………………. X Herman……………………………………………………………………………………………………………..… X Sandau……………………………………………………………………….…………….. X Schade……………………………………………………………………………………... X Wright……………………………………………………………………………………….. X
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CONCERNS OF COMMISSIONERS: Commissioner Castillo stated that trees should not be reduced as they contribute to reducing air pollution. Commissioner Herman expressed that he had initially voted against the rezoning of the property and did not find the R-3/CO zoning to be appropriate, and that he was also opposed to reducing the number of trees.
BACKGROUND INFORMATION: The petitioner expressed that he was withdrawing the request to increase density and reduce open space in the development agreement, but that he still wishes to amend the agreement to change the name of the developer of the project and reduce the number of trees from three per unit to two per unit.
Planning staff explained that it would be appropriate to change the name of the developer in the agreement as the property is now under new ownership. Staff also explained that the previous developer requested more trees on the site than is required by ordinance. Staff clarified that the ordinance only requires two trees per unit and this portion of the requested amendment would comply with zoning standards. Staff recommended approval of the revised petition and agreed with the petitioner’s decision to withdraw the petition to reduce landscaping and increase dwelling units.
Legal staff noted that the development agreement had an initiation of construction and completion of construction timeframe, and the Commission may want to consider extending this timeframe for the new developer. The Commission expressed that it would be reasonable to extend the initiation of construction for one-year and the completion of construction to two-years for the new developer.
CONCERNS OF CITIZENS: Richard Creager of 159 West 2nd Street questioned whether the development agreement and rezoning were still valid since the conditions of the agreement are not being followed, and the property would need to revert back to a R-1-6 zoning. Legal Staff explained that the ordinance allows developers of a property to make amendments to a development agreement through a petitioned process, and that petitioned amendments do not cause a default to an agreement.
Tami Creager of 159 West 2nd Street expressed concern that the neighboring residents have received no information from the developer as to what is being proposed.
Anna Keogh of 301 West 2nd Street stated that the previous developer had reached out to the neighbors and did a good job of keeping them informed and she wished the new developer would have met with the neighbors before petitioning to make changed to the development agreement. She explained that she was not in favor of increasing the number of units from 30 to 40 dwellings.
ATTACHMENTS: • Ordinance • Amended Development Agreement • Planning Commission Staff Report
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ORDINANCE NO. ______
AN ORDINANCE OF OGDEN CITY, UTAH, APPROVING AN AMENDED DEVELOPMENT AGREEMENT FOR LAND GENERALLY LOCATED AT 100 WEST 2ND STREET TO RECOGNIZE PARKRIDGE, INC. AS THE DEVELOPER; AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING AFTER FINAL PASSAGE.
WHERAS, the Council of Ogden City, in Ordinance No. 2019-2, approved the rezoning of property located generally at 100 West 2nd Street, as multiple family residential zone / conditional overlay zone (R-3/CO).
WHEREAS, as a condition of the rezone, a development agreement was authorized to be signed between Ogden City and the developer of the proposed commercial project that included certain site development standards and time deadlines.
WHEREAS, there the property has been sold to a new owner, Parkridge, Inc., and the new owner is requesting that the City recognize it as the entity to whom the rights and responsibilities under the development agreement may be assigned.
WHEREAS, the Planning Commission has reviewed the request to modify the development agreement by amending the identity of the owner of the project.
WHEREAS, the Ogden City Council has determined that it is in the best interest of the City to amend the development agreement.
The Council of Ogden City hereby ordains:
SECTION 1. Development agreement amended. The proposed amended development
agreement associated with the property generally located at 100 West 2nd Street, attached
hereto as Exhibit “A” and incorporated by reference, is hereby approved and the mayor is
authorized to sign the amended agreement on behalf of Ogden City.
SECTION 2. Effective date. This Ordinance shall become effective immediately upon
posting after final passage.
PASSED, ADOPTED AND ORDERED POSTED by the Council of Ogden
City, Utah this day of , 2020.
______CHAIR
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ATTEST:
______City Recorder
TRANSMITTED TO THE MAYOR ON: ______
MAYOR'S ACTION: APPROVED VETOED
______Michael P. Caldwell, Mayor
ATTEST:
______City Recorder
POSTING DATE: ______
EFFECTIVE DATE: ______
APPROVED AS TO FORM: MHS 4/22/2020 LEGAL DATE
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EXHIBIT A
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EXHIBIT B
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FIRST AMENDMENT TO AGREEMENT FOR DEVELOPMENT OF LAND AT 100 WEST 2nd STREET, OGDEN CITY, UTAH
This First Amendment to Agreement for development of land (hereinafter referred to as the FIRST AMENDMENT), is entered into this ___ day of ______, 2020, between Ogden City, a Utah municipal corporation (hereinafter referred to as CITY), and Parkridge, Inc., (hereinafter referred to as DEVELOPER).
RECITALS
WHEREAS, in furtherance of the objectives of the Ogden City General Plan, CITY has previously approved an application for a zone change on certain real property located at 100 West 2nd Street, in Ogden City, which property is more particularly described in Exhibit A, attached hereto and incorporated herein by reference (hereinafter referred to as the “SUBJECT AREA”) from its prior zoning of R-1-6 (Single Family Residential) to R-3/CO (Multiple Family Residential / Conditional Overlay Zone), in accordance with the provisions and requirements of the CITY’s zoning ordinance;
WHEREAS, as a condition of the rezone, the SUBJECT PROPERTY was made subject to the terms and conditions of a Development Agreement recorded as entry number 2968607 with the Weber County Recorder;
WHEREAS, the SUBJECT PROPERTY has been conveyed from Lucky Development LLC, the prior owner of the SUBJECT AREA (hereinafter referred to as OWNER) at the time the Development Agreement was signed, to DEVELOPER;
WHEREAS, the purpose of the rezone was to allow OWNER the ability to construct up to 30 dwelling units under a group dwelling development as further described in the Development Agreement (AGREEMENT) and that included a Concept Plan showing the design and orientation of the group dwelling development;
WHEREAS, CITY and OWNER executed the AGREEMENT on or about March 4, 2018;
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WHEREAS, DEVELOPER, has petitioned CITY to have the rights and obligations of the OWNER assigned to DEVELOPER;
WHEREAS, DEVELOPER is prepared to proceed with the development and use of the SUBJECT AREA subject to the terms and conditions of the Development Agreement and this FIRST AMENDMENT.
NOW, THEREFORE, each of the parties hereto, for and in consideration of the premises and agreement of the other party hereto, does hereby covenant and agree as follows:
SECTIONS AMENDED
I. Section 1.03 of the Development Agreement is amended in its entirety to read as follows:
1.03 “OWNER”. “OWNER” means Parkridge, Inc,
II. Section 3.03.2 of the Development Agreement is amended in its entirety to read as follows:
3.03.2 The site incorporate a minimum of two (2) two-inch (2”) caliper trees for each unit.
III. Section 5.04 of the Development Agreement is amended in its entirety to read as follows:
5.04 Completion Date. The OWNER for itself, and it’s successors and assigns, agrees to promptly begin and diligently prosecute to completion, the PROPOSED DEVELOPMENT of the SUBJECT AREA, through the obtaining of all necessary building and engineering permits, and after the issuance of such permits the subsequent construction of the improvements thereon, and that such permits shall be obtained and such construction shall in any event commence within one (1) year of the date of this FIRST AMENDMENT and, once commenced, be diligently pursued and shall be completed no later than two (2) years from the date of this FIRST AMENDMENT.
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EFFECT OF FIRST AMENDMENT
Other than as specifically described herein, it is not the intent of the parties to this FIRST AMENDMENT to change or alter any of the other terms of the original AGREEMENT.
IN WITNESS WHEREOF, the CITY has caused this AGREEMENT to be duly executed on its behalf and DEVELOPER has caused the same to be duly executed on its behalf, on and as of the day and year first written above.
CITY:
OGDEN CITY CORPORATION, a Municipal Corporation
______Michael P. Caldwell, Mayor ATTEST:
______City Recorder
APPROVED AS TO FORM:
______City Attorney
DEVELOPER:
PARKRIDGE, INC.
______By: ______Title:______
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A C K N O W L E D G M E N T S
STATE OF UTAH ) :SS COUNTY OF WEBER )
On this day of , 2020, personally appeared before me, Michael P. Caldwell, whose identity is personally known to me (or proved to me on the basis of satisfactory evidence) and who by me duly sworn (or affirmed), did say that he is the Mayor of Ogden City, a municipal corporation, and that the foregoing document was signed by them in behalf of said Ogden City, and that said Ogden City executed the same.
______Notary Public
STATE OF UTAH ) :SS COUNTY OF WEBER )
On this day of , 2020, personally appeared before me ______, who being by me duly sworn did say that he/she is the ______of Parkridge, Inc., and that the foregoing instrument was signed on behalf of said entity, and he/she acknowledged to me that said corporation executed the same.
Notary Public
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EXHIBIT A (“SUBJECT PROPERTY”)
PART OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 6 NORTH, RANGE 1 WEST, SALT LAKE BASE AND MERIDIAN, U.S. SURVEY:
BEGINNING AT A POINT 1205.05 FEET NORTH AND 428.63 FEET WEST FROM THE SOUTHEAST CORNER OF SAID QUARTER SECTION, THENCE WEST 206.57 FEET, THENCE NORTH 0D21' EAST 445.2 FEET THENCE NORTH 75D54' EAST 87 FEET, THENCE NORTH 0D41' EAST 317.9FEET, THENCE EAST 128 FEET, MORE OR LESS, TO THE WEST RIGHT-OF-WAY LINE OF STATE HIGHWAY, THENCE SOUTH ALONG SAID WEST LINE 784.30 FEET TO THE PLACE OF BEGINNING.
LESS AND EXCEPTING THAT PORTION LYING WITHIN THE RIGHT OF WAY OF STATE HIGHWAY AS CONVEYED IN THAT CERTAIN RIGHT OF WAY DEED, RECORDED AT BOOK 161, PAGE 510, OFFICIAL RECORDS.
Land Serial No. 12-076-0006
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OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division
Report by Joseph Simpson
Agenda Name: Public Hearing – Petition #2019-18 to amend the development agreement on the property located at 100 West 2nd Street to have new concept plans, change the developer name, increase the number dwelling-units, and decrease the amount of landscaping area and trees
Petitioner/ Developer: Shawn Strong Parkridge Inc. 2473 South 1100 West Syracuse, Utah 84075 [email protected]
Petitioner/ Developer’s requested action: Approval of the petition to amend the development agreement on the R-3/CO zoned property located at 100 West 2nd Street to change the developer name, redesign the site and buildings, increase the number of dwelling-units from 30 to 40, decrease the amount of landscaping from 47% to 30%, and reduce the number of onsite trees from 3 per unit to 2 per unit
What Planning Commission Reviews
The Commission is required to review any substantive changes to the terms and conditions of an established development agreement . A public notice is required to be sent and a hearing is required to be held. The Commission will need to determine if the
amendments to the development agreement are consistent with the same policies and standards established with the initial rezoning and development agreement approval. The Commission will need to determent if the amendments are consistent with the policies of the General Plan and Lynn Community Plan. Once the Commission takes an
action regarding the proposed development agreement amendment, the Commission’s recommendation is then forwarded to the City Council for their determination of the final action the city should take.
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OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division
Planning Commission’s Determination for Action
Possible findings based on decision Commission determines appropriate
1. Approve, finding that: • The development agreement amendment is consistent with the policies of the General Plan: (Chapter 8: Land Use, E.1) a definite edge to the development and buffering between types of uses will be provided to protect the integrity of each use; (Chapter 8: Land Use, E.2) the rezone will reflect the prevailing character of the overall district or neighborhood to the largest extent possible, with consideration being given to the use and characteristics of the individual property (Districts determined to be in transition may be given special consideration); (Chapter 8: Land Use, E.4) the rezone will not create zone boundaries that will cut across individual lots or developments; (Chapter 8: Land Use, E.7) the rezone and development concept reflects neighborhoods and how the residents within those neighborhoods will interact (a concern is to avoid a development pattern that would divide a neighborhood area); (Chapter 8: Land Use, E.8) the rezone and development will avoid isolating neighborhoods.
• The development agreement amendment is consistent with the Lynn Community Plan: (Chapter 14H: Lynn Community Plan, 3.d.2) the rezone will include a conditional overlay zone with a development agreement to ensure design and use compatibility with the character of the area. Compatibility considerations shall include, but not be limited to, single story buildings, pitched roofs, and brick or atlas brick as the primary exterior material; (Chapter 14H: Lynn Community Plan, 3.d.4) the zoning designation will either be a R-3/CO, PI/CO, or C-1/CO.
2. Approve subject to conditions, finding that: • The development agreement amendment will be consistent with the policies of the General Plan with the following conditions (list conditions and requirements): (Chapter 8: Land Use, E.1) a definite edge to the development and buffering between types of uses will be provided to protect the integrity of each use;
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OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division (Chapter 8: Land Use, E.2) the rezone will reflect the prevailing character of the overall district or neighborhood to the largest extent possible, with consideration being given to the use and characteristics of the individual property (Districts determined to be in transition may be given special consideration); (Chapter 8: Land Use, E.4) the rezone will not create zone boundaries that will cut across individual lots or developments; (Chapter 8: Land Use, E.7) the rezone and development concept reflects neighborhoods and how the residents within those neighborhoods will interact (a concern is to avoid a development pattern that would divide a neighborhood area); (Chapter 8: Land Use, E.8) the rezone and development will avoid isolating neighborhoods.
• The development agreement amendment will be consistent with the Lynn Community Plan with the following conditions (list conditions and requirements): (Chapter 14H: Lynn Community Plan, 3.d.2) the rezone will include a conditional overlay zone with a development agreement to ensure design and use compatibility with the character of the area. Compatibility considerations shall include, but not be limited to, single story buildings, pitched roofs, and brick or atlas brick as the primary exterior material; (Chapter 14H: Lynn Community Plan, 3.d.4) the zoning designation will either be a R-3/CO, PI/CO, or C-1/CO.
3. Deny as recommended by staff, finding that: • The development agreement amendment is not consistent with the policies of the General Plan: (Chapter 8: Land Use, E.1) a definite edge to the development and buffering between types of uses will be provided to protect the integrity of each use; (Chapter 8: Land Use, E.2) the rezone will reflect the prevailing character of the overall district or neighborhood to the largest extent possible, with consideration being given to the use and characteristics of the individual property (Districts determined to be in transition may be given special consideration); (Chapter 8: Land Use, E.4) the rezone will not create zone boundaries that will cut across individual lots or developments; (Chapter 8: Land Use, E.7) the rezone and development concept reflects neighborhoods and how the residents within those neighborhoods will interact (a concern is to avoid a development pattern that would divide a neighborhood area);
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OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division (Chapter 8: Land Use, E.8) the rezone and development will avoid isolating neighborhoods.
• The development agreement amendment is not consistent with the Lynn Community Plan: (Chapter 14H: Lynn Community Plan, 3.d.2) the rezone will include a conditional overlay zone with a development agreement to ensure design and use compatibility with the character of the area. Compatibility considerations shall include, but not be limited to, single story buildings, pitched roofs, and brick or atlas brick as the primary exterior material; (Chapter 14H: Lynn Community Plan, 3.d.4) the zoning designation will either be a R-3/CO, PI/CO, or C-1/CO.
• Planning Staff’s Recommended Action
Staff’s position is that the petition is not consistent with the policies of the General Plan and Lynn Community Plan and recommends denial of the petition to amend the development agreement.
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OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division
Vicinity Map
Development Agreement Amendment to Increase Units, Decrease Landscaping, and Modify Site Layout and Buidling Design 100 WEST 2N D STREET
Zoning 0 200 400 800
----~==~------F~t
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OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division Description of Request
The petitioner is requesting approval to amend the development agreement approved in July of 2018, which was established with a rezone of the 3.13 acre property at 100 West 2nd Street from R-1-6 (single-family), to R-3/CO (multiple-family with conditional overlay – development agreement). This property is currently vacant and surrounded by single- family developments to the north and west. The approved rezone and development agreement were approved so that a 30-unit multiple-family group dwelling development could be developed on the property. As shown on the approved site plans, the development was approved to have six buildings on the property with a 33’ wide paved road winding through the development. The approved development also incorporates outdoor seating areas with small parks and a walking path. Each of the dwelling units were approved in a row-housing/town house fashion, with attached, rear-loading 2-car garages. The design and materials of the buildings on the site were approved to match the single-family homes in the area by having a primarily brick exterior with pitch roofs, where the roof-lines extend down to the top of the first level of the building (see attached approved site and building elevations).
This petition is to significantly modify the approved and established development agreement by increasing the number of dwelling units from 30 to 40. It is proposed that the landscaping area requirement be reduced from 47% to 30% of the site and the number of onsite trees be reduced from four (4) per unit to three (3) per unit. It is also proposed that the site and building locations be significantly altered, having eight (8) buildings of row-housing facing away from Wall Avenue. The building exterior designs are to be the same as the ones approved previously (compare attached approved site and building elevation plans with the proposed site and petition).
Factors for Consideration of Action Development Agreement Amendment Requirements:
Is the development agreement amendment consistent with the policies of the General Plan? 1. Will there be a definite edge to the development and will buffering between types of uses be provided to protect the integrity of each use?
Page 6 of 35
OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division Both the approved and proposed development agreements are the same method of development, which is a group dwelling. Under this type of development, the property would be required to have a fence between the surrounding properties and this property, which will create a definite edge between the surrounding single-family developments and the multiple- family development. Additionally, the previously approved development had a large amount of open space around the perimeter of the property, which would provide a buffer between the uses and make the multiple-family development more compatible with the neighborhood. The proposed plans significantly reduce the amount of landscaping on the site and create a densely packed residential development with a drive running against the west property-line. This dense development is not compatible with the surround single-family uses (see attached approved and proposed site plans).
2. Will the development agreement amendment reflect the prevailing character of the overall district or neighborhood to the largest extent possible, with consideration being given to the use and characteristics of the individual property (Districts determined to be in transition may be given special consideration)?
The prevailing character of this area is predominantly residential, with larger single- family properties adjacent to the property, and the newly developed Fort Bingham single- family development to the west. This property fronts onto two major streets, Wall Avenue and 2nd Street. The approved development agreement creates an appropriate multiple-family zone density and development that creates an excellent buffer between the busy streets and the single-family developments and reflects the character of the area.
The proposed development agreement amendment is too dense and does not reflect the overall character of the single-family neighborhood to the north and west (see attached approved and proposed site plans).
4. Does the development agreement amendment reflect neighborhoods and how the residents within those neighborhoods will interact (a concern is to avoid a development pattern that would divide a neighborhood area):
The approved development creates a site design with several walkways, parks, and outdoor seating areas. The approved building designs and placements are oriented to encourage interaction both within and outside of the development. These features will help to unify the neighborhood and prevent divisions (see attached approved site plan).
The proposed development agreement orients buildings away from the public streets and surrounding properties. The proposed development does not create or promote any interaction within or outside of the development (see attached proposed site plan).
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OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division 5. Will the development agreement amendment avoid isolating neighborhoods?
The approved development has an open and connected design, providing both vehicle and pedestrian connections to Wall Avenue and 2nd Street. Each of the buildings face a street, either Wall Avenue or the internal road, with the majority of the units facing Wall Avenue. These approved connections and building layouts create an inviting atmosphere that ties well with the surrounding developments (see attached approved site plan).
The proposed development does not create any decent interaction between the public street or surrounding neighborhood (see attached proposed site plan).
Is the development agreement amendment consistent with the Lynn Community Plan? 6. The development agreement amendment ensures design and use compatibility with the character of the area. Compatibility considerations shall include, but not be limited to, single story buildings, pitched roofs, and brick or atlas brick as the primary exterior material: The conditions outlined in the approved development agreement require site compatibility through landscaping and other amenities. The approved development agreement also includes conditions to ensure building compatibility by requiring designs and building layouts that are associated with the surrounding single-family homes. The building layout of the approved site plan has buildings facing public streets, following the design of the single-family homes in the neighborhood. (see attached approved site plan).
The proposed amended development agreement is contrary to the objectives of the Lynn Community Plan. The reduced landscaping and lack of site amenities are not compatible with the established single-family uses in the area. The proposed amended development does not provide a building layout that faces the streets as the single-family homes in the area do (see attached approved and proposed site plans).
Attachments
1. Project Fact Sheet 2. Approved Site Plans (6 pages) 3. Proposed Site Plan 4. Approved and Proposed Building Elevations 5. Petition with Proposed Amendments (13 pages) 6. County Plat 7. Public Notice (4 pages)
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OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division Attachment #1 Project Fact Sheet
PROPERTY INFORMATION
Property Address: 100 West 2nd Street
Zone: R-1-6
Community Plan: Lynn
Property Size: 3.13 acres
Existing Use: Vacant lot
PAST ACTIONS
July 2016 – Petition to rezone from R-1-6 to R-3/CO was tabled so that modified plans and development agreement could be presented that reflected the Lynn Community Plan
July 2018 – Petition to rezone from R-1-6 to R-3/CO was approved with a development agreement that reflected the Lynn Community Plan
Page 9 of 35
OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division Attachment #2 Approved Site Plans (6 pages)
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OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning
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OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division
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OGDEN CITY PLANNING COMMISSION November 6, 2019
~~ AGENDA ITEM- #H Planning Division . j 1 treet 8440-i S h, -- . o Ut PLAN 2nd E 8 Cfty, -104 Lucky W ubdivision i(XIII l NLARGED :de-n ' ():;J 061?91:10\ "E I G ~ ~ l!!J r:: I D - Page 14 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division Page 15 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division Attachment #3 Proposed Site Plan _____ ,_ ... ---- -,-- ·-- l I I ----~ ~r-- --- 1 ··--lI I r.-...1-..,,..L_..I . !. I (. l I ~A'fti4t(YtlOtfF.I;J) r. ~ J I "l 1'-'----,-::....;....;~ . :·:: l ·' "I l I I i i l 1 i I • I I -~ f I I, i r ~ 0 \ "I"· .• I ·J I···'· I~ I I' I :.j I I ! _, I I i ) I I • . > .. I r . L_ -_. .r I < _i -- --- ~- ---=- 1 J. ~L ___2 _ ~ _ ~ __s T - ~ - E__ B _- ~ ._]__, ______~ J ·~. !" ~ ' ~ !' I) - IiiNORTH Page 16 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division Attachment #4 Approved and Proposed Building Elevations z z 0 0 w~ w~ _J _J w w 1- 0:: z 0 Lfi 0:: 0:: IJ._ Page 17 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division Attachment #5 Petition with Amendments (13 pages) AMfNDfl)OO Ogden City Developme nt Services 2549 Washington Blvd. Suite 240 t;.. (801) 629-8930 Please print legibly and complete all areas: The following checklist will help you prepare your petition: Petition Checklist ~ Review request with a Planner. Planner is to accompany petitioner when filing with City Recorder's office. C/.;..t ~ Submit a plat from Weber County Recorder's office highlighting the property for which the development agreement ~ ~ndment is being requested Provide a copy of the legal description of the property involved ~~ovide a copy of the development agreement with proposed amended language and/or plans dearly highlighted ay the appropriate fee at the City Recorder's office, $550 - Standard fee Petitioner Contact Information Name: ?"""r-¥- r- _c-\ f1l e_ ~r Address: lOt\. " l..u, 7 . 11\.~ ~+. City: Ov..c\-eV\. Slate: \JI Zip: ~y 1..{.0'-'\ Phone: E-mail Address: ~()\ ( 1-..:s C(1...$ '8" ~C.r-~r ~Q_-1~C0 (J.IM"'" · (_(J~ # Petition to Amend Development Agreement I (we) the undersigned property owner(s) do respectfully request that the Development Agreement be amended as highlighted on the attached. Property associated with the Development Agreement is located at )00 \ " I :l.-!1\c\ hl C~ c\-e. ~t~, (address) ' Parcel#: l"- - cflb - ooolo ; - - I --- - Submittal date: cc.+ 9 ''-C;~~ Proposed use of the property, if granted: I o~ l"'"'- s::.! W\. f ~ ~J~~ -e r:: (') ~(.. ~ Petitioner's name(s) .:s ~~ \N~ S-Tv-CPA. D Petitioner's signature(s) J~ Page 18 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division ORDINANCE NO. 2 019-2 AN ORDINANCE OF OGDEN CITY, UTAH, AMENDING THE ZONING MAP OF OGDEN CITY, AS ADOPTED BY SECTION 15-3-3 OF THE OGDEN MUNICIPAL CODE, TO RECLASSIFY AS MULTIPLE FAMILY RESIDENTIAL ZONE I CONDITIONAL OVERLAY ZONE (R-3/CO) PROPERTY HERETOFORE CLASSIFIED AS SINGLE FAMILY RESIDENTIAL ZONE (R-1-6), GENERALLY LOCATED AT 100 WEST 2N° STREET, AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING AFTER FINAL PASSAGE. WHEREAS, the Ogden City Planning Commission, after notice and public hearing as required by law, reviewed a proposal to rezone from single family residential zone (R-1-6} to multiple family residential zone I conditional overlay zone (R-3/CO) property generally located at 100 West 2nd Street In implementation of the Lynn Community Plan, and has recommended to the City Council that such property be rezoned as proposed. WHEREAS, the Ogden City Council has determined that the proposed rezoning is necessary for the implementation of the Lynn Community Plan and will be in the best interests of the City to rezone such property. The Council of Ogden City hereby ordains: SECTION 1. Zoning Map amended. The Zoning Map of Ogden City, as adopted by Section 15-3-3 of the Ogden Municipal Code, is hereby amended to reclassify as multiple family residential zone I conditional overlay zone (R-3/CO) property heretofore classified as single family residential zone (R-1-6), generally located at 100 West 2nd Street, and more particularly described as follows: PART OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 6 NORTH, RANGE 1 WEST, SALT LAKE BASE AND MERIDIAN, U.S. SURVEY: BEGINNING AT A POINT 1205.05 FEET NORTH AND 428.63 FEET WEST FROM THE SOUTHEAST CORNER OF SAID QUARTER SECTION, THENCE WEST 206.57 FEET, THENCE NORTH OD21' EAST 445.2 FEET THENCE NORTH 75D54' EAS.T 87 FEET, THENCE NORTH 0041' EAST 317.9 FEET, THENCE EAST 128 FEET, MORE OR LESS, TO THE WES TRIGHT-OF-WAY LINE OF STATE HIGHWAY, THENCE SOUTH ALONG SAID WEST LINE 784.30 FEET TO THE PLACE OF BEGI NNING. 1 Page 19 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division AGREEMENTFORDEVELOPMENTOFLAND AT 100 WEST znd STREET, OGDEN CITY, UTAH This Agreement for development of land, hereinafter referred to as "the AGREEMENT," entered into this _ day of , 2018, between Ogden City, a Utah municipal corporation, hereinafter referred to as "the CITY," and Lucky Development LLC, hereinafter referred to as "the OWNER". PARKRIDGI::. INC RECITALS WHEREAS, in furtherance of the objectives of the Ogden City General Plan, the CITY has considered an application for a zone change on certain real property located at approximately 100 West 2nd Street, in Ogden City, which property is hereinafter referred to as the "SUBJECT AREA," from its present zoning of Single Family Residential (R-1-6) to Multiple-Family Residential Conditional Overlay (R-3/CO), in accordance with the provisions and requirements of Title 15 Chapter 29 of the CITY's zoning ordinance; WHEREAS, the OWNER has presented to the CITY a general proposal for development in the SUBJECT AREA, which provides for development in a manner consistent with the Ogden City General Plan; WHEREAS, the OWNER desires approval by the City Council of the R-3/CO zoning for the SUBJECT AREA; WHEREAS, the CITY is willing to grant the approval of such rezoning subject to the OWNER agreeing to certain requirements and restrictions of use and development within the SUBJECT AREA, which requirements and restrictions are intended to: 1. Provide more specific land use designations and land development suitability by eliminating or restricting potential uses otherwise atlowed in the underlying R-3 zone; 2. Provide more restrictive site development standards than are required in the underlying R-3 zone, including additional standards regarding landscaping, pedestrian circulation, architectural design, and the height, square footage or number of buildings as described in this AGREEMENT; Page 20 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division 3. Provide additional protection to surrounding property and associated property values; and 4. Provide for the general traffic circulation needs or other required public facilities within and for the benefit of the affected property WHEREAS, the CITY believes that the SUBJECT AREA cannot be developed effectively due to a number of factors, including: the location of the property on two major streets, Wall Avenue and 2"d Street, the fact that residential housing already exists to the west of the SUBJECT AREA which has its own access and will not be connected to the SUBJECT AREA, and the relatively long, narrow shape of the parcel; WHEREAS, development in the SUBJECT AREA pursuant to the terms of this AGREEMENT is in the vital and best interests of the City and the health, safety, morals, and welfare of its residents; WHEREAS, the OWNER agrees and desires to proceed with the development and use of the SUBJECT AREA subject to the terms and conditions of this AGREEMENT. NOW THEREFORE, each of the parties hereto, for and in consideration of the premises and agreement of the other party hereto, does hereby covenant and agree as follows : ARTICLE I DEFINITIONS The following tenns have the meaning and content set forth in th is ARTICLE I, wherever used in this AGREEMENT: 1.01 "CITY". The "CITY" shall mean Ogden City, a Utah municipal corporation. The principle office of the CITY is located at 2549 Washington Boulevard, Ogden City, Utah 84401. NI:;W CONCEPT PLAN SUBMI I I'ED 1.02 "CONCEPT PLAN". The "CONCEPT PLAN" is the plan depicting certain conditions and restrictions of development by the Ogden City Planning Commission and Ogden City Council, pursuant to the tenns ofthis AGREEMENT, attached hereto as Attachment "B" and made a part of this AGREEMENT by this reference. The CONCEPT PLAN, depicting the conditions and restrictions of development, is intended to depict the actual 2 Page 21 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division location of buildings, vehicular accessways, parking lots, required landscaping, or other improvements, to meet the needs of the OWNER and to comply with applicable zoning regulations. The CONCEPT PLAN may be modified based on conditions required through the city's site plan approval process as provided by municipal ordinance. PARKRIJ)GE INC 1.03 "OWNER". "OWNER" means Lucky Development LLC. 1.04 "PROPOSED DEVELOPMENT". The "PROPOSED DEVELOPMENT" includes the development of the SUBJECT AREA. 1.05 "SUBJECT AREA". The "SUBJECT AREA" shall mean the parcel or parcels of real property situated in the SUBJECT AREA, more particularly shown on the map and described in the SUBJECT AREA legal description, attached hereto as Attachment "A". ARTICLEU CONDITIONS PRECEDENT 2.01 This AGREEMENT shall not take effect until: 2.01.1 The OWNER owns all of the property within the SUBJECT AREA and has a recorded a subdivision plat creating a new lot that is co-extensive with the description of the SUBJECT AREA; 2.01.2 The Ogden City Council has approved the AGREEMENT as a condition of such rezoning of the SUBJECT AREA to R-3/CO; 2.01.3 The OWNER completes and complies with the conditions imposed as part of a group dwelling review; and 2.01.4 The Mayor has executed this AGREEMENT on behalf of the CITY. ARTICLE ill OWNER COVENANTS REGARDING FUTURE DEVELOPMENT AND USE 3.01 The OWNER, and the OWNER'S successors and assigns, hereby waive the right to use or occupy the SUBJECT AREA or to use, occupy or erect thereon any building or structure designed, erected, altered, used or occupied for any use other than up to 30 dwelling units under a group dwelling development as further described herein, notwithstanding the fact that other or more dense uses may be 40 DWELLING 3 UNITS Page 22 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division otherwise allowed in the R-3 zone as either a permitted or conditional use under existing or future zoning regulations. 3.02 The OWNER hereby waives the right to use, occupy or erect upon the SUBJECT AREA any structure designed, erected, altered, used or occupied which does not comply with the following site development standards: 40 3.02.1 The property be developed with a maximum of30 dwelling units under a group dwelling development. 3.02.2 Each dwelling unit be developed in a townhouse design and constructed so that individual units could be subdivided under a PUD or condominium plat as shown on the building elevation and floor plans included as Attachment B 3.02.3 A minimum 6' high fence be installed along the north and west property lines meeting the group dwelling requirements. 3.02.4 A rear-loaded, 2-car garage shall be provided for each dwelling unit. 3.02.5 The buildings will have a single-story appearance by having a pitched roof with the roofline extending down to the top of the main-level. A second level can be created, but must be incorporated into the roof of the buildings as shown on Attachment B. 3.02.6 The residential buildings are required to have a building wall exterior that is 80% brick or atlas brick matching the attached elevation plans, with the condition that the space around the front doors be just brick and not have the proposed arched fiberboard planking. 3.02.7 Access to the site will be coordinated through, and approved by Ogden City and UDOT as indicated on the attached site plan. 3.02.8 Guest parking will be provided for each unit at a ratio of two stalls per unit by the driveway of each garage. 3.03 Unless a more restrictive requirement applies or is imposed for development in the R-3 zone, the following standards shall apply in the review and approval of the site plan, building plans or other permits related to the development of the SUBJECT AREA. 3.03.1 A minimum of 47% landscaping be installed on the site as proposed on Attachment B. 30% 3.03.2 The site incorporate a minimum of three (3) two-inch (2") caliper trees for each unit. 2 3.03.3 The site incorporate a minimum of five (5), five gallon (5-gallon) sized shrubs for each unit. 4 Page 23 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division 3.03.4 The site develop landscaping that creates interest and visual unity by incorporating sculptures, playgrounds, fitness park, dog park, and walking paths between the units as shown on the attached site plans. 3.03.5 Private garbage pick up will be provided to the units which may or may not require screened dumpsters on site. 3.03.6 Existing trees on the site will be preserved when feasible and deemed valuable, as determined by Ogden City. 3.03.7 The comer of Wall and 2"d Street will provide in the landscaped area of the comer reference by signage, monumentation or art reference to the history of Bingham Fort. . ARTICLE IV CITY'S UNDERTAKINGS The zoning on the SUBJECT AREA from its present zoning of R-1-6 to the R-3/CO zoning shall be effective as described in an approved ordinance of the Ogden City Council subject to the terms and conditions of this AGREEMENT. ARTICLE V GENERAL REQUIREMENTS AND RIGHTS OF THE CITY 5.01 CITY Approval Required. The development plans, and any changes thereto, must be approved by the CITY pursuant to the requirements of the Ogden City zoning ordinance and all other applicable provisions of the Ogden City Municipal Code. In addition to any standards, requirements, or regulations imposed by ordinance, the development plans shall also be reviewed by the CITY to determine compliance with the terms of this AGREEMENT and the CONCEPT PLAN approved herein. This approval is in addition to any required CITY approval which is directed to zoning, engineering or structural matters or compliance with building codes and regulations or applicable City, State or Federal law relating to land use or construction standards. The CITY's determination, respecting compliance with the terms of this AGREEMENT and the CONCEPT PLAN approved herein, shall be final; provided that OWNER reserves all rights to the appeal of any administrative determinations of the CITY. 5.02 Issuance of Permits. OWNER shall have the sole responsibility for obtaining and/or seeing that all necessary permits are obtained and shall make application for such permits directly to the Ogden City Community Development Department and other appropriate departments and agencies. OWNER shall timely submit and, prior to the date scheduled 5 Page 24 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division for construction, obtain building permit(s), and engineering permits as required, and thereafter diligently prosecute such work as is authorized in such permits. Failure to timely file and to diligently pw·sue the issuance of all permits shall be a breach of this AGREEMENT and grounds for termination of this AGREEMENT at the option of the CITY and the exercise of the remedies contained herein. 5.03 CITY Obligations Conditional. The obligations of the CITY, as set forth in this AGREEMENT, are subject to the condition that the OWNER shall not be in default of its obligations hereunder at any time; provided that obligations of CITY will continue upon the OWNER's cure of any such default in accordance with paragraph 6.01. 5.04 Completion Date. The OWNER for itself, and it's successors and assigns, agrees to promptly begin and diligently prosecute to completion, the PROPOSED DEVELOPMENT ofthe SUBJECT AREA, through the obtaining of all necessary building and engineering permits, and after the issuance of such permits the subsequent construction of the improvements thereon, and that such permits shall be obtained and such construction shall in any event commence within one (I) year of the date of this AGREEMENT and, once commenced, be diligently pursued and shall be completed no later than two (2) years from the date of this AGREEMENT. 5.05 Access to the SUBJECT AREA. The CITY, for the purpose of inspection, and whenever and to the extent necessary, to carry out the purposes of this and other sections or provisions of the AGREEMENT shall be permitted access to the SUBJECT AREA, so long as the same shall not WU'easonably interfere with the use and development of the SUBJECT AREA consistent with the terms and conditions of this AGREEMENT. ARTICLE VI REMEDIES 6.0 I Remedies Upon Default or Breach. In the event of any default in or breach of this AGREEMENT, or any of its terms or conditions, either party hereto or any permitted successor to such party, shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and in any event cure or remedy the breach within thirty (30) days after receipt of such notice. In the event that such default or breach cannot reasonably be cured within said thirty (30) day period, the party receiving such notice shall, within such thirty (30) day period, take reasonable steps to commence the cure or remedy of such breach and shall continue diligently thereafter to cure or remedy such breach or default in a timely manner. In case such action is not taken, or diligently pursued, the aggrieved party may institute such proceedings as may be necessary or desirable in its option to: 6 Page 25 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division A. Cure or remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations; or B. Terminate this AGREEMENT. In the event that the OWNER is the defaulting party, upon termination, the CITY may proceed to change the zoning to the zoning designation that existed prior to the changing of the zoning to R-3/CO. 6.02 Additional Remedies ofClTY. Notwithstanding anything in this AGREEMENT to the contrary, it is agreed by the parties hereto that (unless due to the provisions of Section 6.04, below) if the OWNER fails to commence construction within one (1) year of the date of this AGREEMENT, the CITY shall have the right, but not the obligation, at the sole discretion of the CITY to terminate this AGREEMENT and the CITY may institute proceedings to change the zoning to the zoning designation that existed prior to the changing of the zoning to R-3/CO. 6.03 Waiver of Objection and Hold Harmless. If CITY institutes proceedings to change the zoning to the original zoning designation in accordance with the provisions of this AGREEMENT, the OWNER, its successors and assigns, hereby waives any objection to the zone change and hereby releases, indemnifies and holds the CITY harmless from any actions that may be brought by OWNER, its successors and assigns, in respect of any such zoning change. 6.04 Enforced Delay Beyond Parties Control. For the purposes of any other provisions of this AGREEMENT, neither CITY nor OWNER, as the case may be, nor any successor in interest, shall be considered in breach of or default in its obligations with respect to the preparation of the SUBJECT AREA for development, the seeking or obtaining of permits, or beginning and completion of construction of improvements, or progress in respect thereto, in the event the enforced delay in the performance of such obligations are due to causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, or of the public enemy, acts of the government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or unforeseeable delays of contractor or subcontractors due to such causes. 6.05 Extension by the CITY. The CITY, acting through its mayor and in writing, may extend the time for the OWNER to perform of any term, covenant, or condition of this AGREEMENT or permit the curing of any default upon such terms and conditions as may be mutually agreeable to the parties provided, however, that any such extension or 7 Page 26 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division pennissive curing of any particular default shall not operate to eliminate any of the OWNER's obligations and does not constitute a waiver of the CITY's right with respect to any other term, covenant or condition of this AGREEMENT or any other default in, or breach of, this AGREEMENT. ARTICLE VI1 GENERAL PROVISIONS 7.1 Assignability. Except for an assignment to a federally or state chartered bank or credit union, OWNER shall not assign this AGREEMENT or any rights or interests herein without the prior written consent of the CITY, except that, upon notice to the CITY, the OWNER shall have the right to assign and transfer this AGREEMENT and its rights and obligations hereunder to an entity controlled by or under common control with the OWNER, so long as any such entity shall consent in writing to be bound by the terms of this AGREEMENT. Any assignee shall consent in writing to be bound by the terms of this AGREEMENT as a condition of the assignment. The OWNER shall not transfer, assign, sell, lease, encumber, or otherwise convey its rights and obligations under this AGREEMENT separate from its interest in the SUBJECT AREA. 7.2 Successors and Assigns of OWNER. This AGREEMENT shall be binding upon the OWNER and its successors and assigns and where the term "OWNER" is used in this AGREEMENT, it shall mean and include the successors and assigns of the OWNER except that the CITY shall have no obligation under this AGREEMENT to any unapproved, or otherwise unauthorized, successor or assign of the OWNER. 7.3 Reserved Legislative Powers. Nothing in this AGREEMENT shall limit the future exercise of the police power by the CITY in enacting zoning, subdivision development and related land use plans, policies, ordinances and regulations after the date of this AGREEMENT. 7.4 Minimum Zoning Standards and Vested Rights. It is not the intention of this AGREEMENT to waive any existing minimum zoning standards, or to restrict the ability of the Ogden City Council to enact additional standards in the future. The only vested right obtained by the OWNER in the approval of this AGREEMENT as part of the rezoning, is the right under the terms and conditions of this AGREEMENT, to apply for site plan approval and building permits. 7.5 No Joint Venture or Partnership. This AGREEMENT does not create any joint venture, partnership, undertaking or business arrangement between the parties hereto. 8 Page 27 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division 7.6 Third Partv Beneficiaries. Any claims of third party benefits under this AGREEMENT are expressly denied. 7.7 Agreement to Run With the Land. This AGREEMENT shall be recorded against the property referred herein as the SUBJECf AREA. The AGREEMENT contained herein shall be deemed to run with the land and shall be binding oo all successors in the ownership of SUBJECf AREA. 7.8 Integration. This AGREEMENT contains the entire agreement with respect to the subject matter hereof and integrates all prior conversations, discussions or understandings of whatever kind or nature and may only be modified by a subsequent writing duly executed by the parties hereto. 7.9 Authoritv. The parties represent that each has the requisite authority to enter into this AGREEMENT and that the same has been duly authorized by all necessary or appropriate corporate or regulatory action. IN WITNESS WHEREOF, the CITY has caused this AGREEMENT to be duly executed on its behalf and OWNER has caused the same to be duly executed on its behalf, on and as of the day and year first written above. CITY: OGDEN CITY CORPORATION, a Utah Municipal Corporation By: ______Michael P. Caldwell, Mayor ATIEST: City Recorder APPROVED AS TO FORM: City Attorney 9 Page 28 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division ----~---~JI =r l ___ --- I l j I I ' ' l Ii I I f l \ I I 0 I I t:l \ ~ ' I \ Ill I ' I ~ \ ~ I •. • ' .. Ill \ ,..,AftALUY.-.nn') I I > l_, < --' ..I •--, I I ' I ..I II < I I I ~ --' 1! ,. i: I ~ I ' -· - : l - --- f1~" _L_ 2_ ~ o__ s: R_~ B.T~ - j----- Page 29 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division . , Page 30 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division Attachment #6 County Plat PART OF THE N.W. 1/4 OF 76 SECTI ON 17, T.6N.,R . 1W ., S. L.B.&M IN OGDEN CITY TAXING UNIT: 25 SCALE 1" • 100' PREFIX : 12-076 SEE PAGE 75-1 ...... , . fI SEE PAGE I I 75-1 I; I 1,. It ~ SEE PAGE 60 ,,.::...... 1/tOUOt' S SEE PAGE 75-1 1/ - ;;;j{k1fliJ:l w PINGRE E AVE ...£) _... ,. "'< ;, ,J.2~~60?3~ § ~ _). ~ <> ~ FARB l PH 2 SUB ~ 12~~ -¥"' ~ i 15~ SEE: AGE 175 i~j!O ~ " I ~~ . ft:!' • ~~ ul': w 1: ., • I .... !11 .~- w I 0:: t -·a ~ ~ ~~ <..:> • f ~; I " .. z .-:;: ... ii. ~- ~ 0:: 1 15 I STATE ROAD l~,?l \120760016) ------20760007 l ... .. l< I ~~~·-~ - ---~ ------t: 2ND. STREET • :,~~., 1 I I I J.. I SEE PAGE 78 12 WFJ 6- 94 Page 31 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division Attachment #7 Public Notice (4 pages) STANDARD EXAMINER OGDEN PUBLISHING CORP PO BOX 12790 OGDEN UT 84412-2790 (801)625-4400 ORDER CONFIRMATION (CONTINUED) Salesperson: LEGALS Printed at 10/25/19 10:47 by drnailo Acct it: 126651 Ad #: 1939550 Status: New NOTICE Of' PIJSLIC HEARING N<>llce I> hErebY al•en 1ha1 lhe ~en 01v f'lannlnG CMltrli!.11Dn wil moi!l Wectle!IS$~. Nolfe'r'ller 6, 21119 ol Sr>n> in lhe Cilv COOJncil Chorrbers, )'d Floor, 09d.., Mlriel>ol Buiklin~. ?:i49 ~~~Q!~.~~~~u~·~ · .~d ~'i.':. ~h~r nwllnG w• 1hen and there (ll)ndUCI a I'OJb!IC hearl"" lo cornldi!r lhe lollowl~ I. Pelilion 1011'-IS lo ameM de,...op menl a91...,.,.n1 lor 100 Wes1 2nd Slreel ao increase na.wnbtr Df unit.s from ll 10 ~. lo dec.-.ase oo·>lle !andiQllino frorn •o" jo lU%< ""d to d'longoe lhe ....,. of lie ~evetq>er 2. Ptfilion 2019-w lo: ._ Amend IU.d. ol llle Lvnn Com· ::f~i~ -f''~1i:.. r•oloc• INCO ®lion b Rnone from R- 1-4 AI the oi>~YO limo •nd "'""" •nv ocr· son or r>ersons inh:re!led in lhe fino! """- ol >aid acl.1011 wll be 91Yen full tlrne to be he;vd PIJb~ OCic«>er 27, :1019. 1f.l95.'5D Page 32 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division PMNNINa 00~~1/}/)JON PU:/3110 NOTICE YOU ARE INVITED TO ATTEND AND SHARE YOUR THOUGHTS REGARDING PETITION #2019·18 THAT HAS BEEN MADE BY SHAWN STRONG TO AMEND A DEVELOPMENT AGREEMENT TO ALLOW MORE UNITS, LESS LANDSCAPING, AND MODIFIED SITE LAYOUT AND BUILDING DESIGN AT APPROXIMATELY 1 00 WEST 2ND STREET THE MEETING WILL BE HELD ON NOVEMBER 6, 2019 CITY COUNCIL CHAMBERS, 2549 WASHINGTON BLVD. 3111 FLOOR If you have comments or questions before the meeting, please contact the assi planner, Joseph Simpson at 801 ·629·8923 or planning@ogdencity com A copy of the Slaff Report will be 1vail1ble 11 ogdoncity.com on 11/2/19 or 1t our olficesll/4/19 Start 11mes are approximate Page 33 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division 12-076-0003 12-076-0003 12-076-0004 LAND L APARTMENTS LLC Occupant NICHE INVESTMENTS 16 LLC 5202 w 1150S 128 2ND ST 1917 N 1700W OGDEN UT 84404 OGDEN UT 84404 FARR WEST UT 84404 12-076-0004 12-076-0006 12-076-0006 Occupant Occupant PARKRI.DGE INC 174 WALL AVE 100 W 2NDST 2473 s 1100 w OGDEN UT 84404 OGDEN UT 84404 SYRACUSE UT 84075 12-076-0009 12-076-0009 12-076-0002 Occupant WILLIAM C & SHELLEY A HART LOTI MONTE C & WF 140 W 2NDST AMENDED & RESTATED TRUST GENA K LOTI OGDEN UT 84404 2285 N 1225 E 134 2NDST NORTH OGDEN UT 84414 OGDEN UT 84404 12-076-0011 12-075-0086 12-076-0012 JONES BETTY S JAMES BRENDAN & BETTY S JONES 142 W 2ND ST REAR MARJORIE JAMES (LIFE ESTATE) 4125 ROWBERRY LN OGDEN UT 84404 1950 MONROE BLVD TOOELE UT 84074 OGDEN UT 84401 12-076-0012 12-076-0013 12-075-0018 Occupant LANIER TERRY M STRICKLER JOHN 142 W 2NDST 136 W 2NDST 139 N WALL AVE OGDEN UT 84404 OGDEN UT 84404 OGDEN UT 84404 12-075-0026 12-075-0026 12-075-0028 GIBONEY ROBERT L & WF Occupant BALDWIN CY ROSE GIBONEY ETAL 152 W 2ND 5T 150 W 2ND ST REAR PO BOX 1188 OGDEN UT 84404 OGDEN UT 84404 OGDEN UT 84402 12-075-0078 12-076-0019 12-076-0020 CREEGER RICHARD HARDEE & WF T DAMON INVESTMENTS L C WSP INVESTMENT COMPANY TAMMY L CREEGER PO BOX 1626 PO BOX 470 159 W 2NDST LAYTON UT 84041 FARMINGTON UT 84025 OGDEN UT 84404 12-078-0002 12-078-0002 12-078-0003 DARVELL E FIELDING TRUST Occupant FERNANDEZ HANUAR & 5088 s 2575 w 125 W 2NDST JESUS H GUERRERO ROY UT 84067 OGDEN UT 84404 115 W 2ND ST OGDEN UT 84404 12-078-0008 12-075-0013 12-075-0014 MARTIN SAMUELS & RALPH SCOT RAMOS HECTOR & CHAR ITY F LOOMAN 120 N WALL AVE 128 N WALL AVE 105 W2ND ST OGDEN UT 84404 OGDEN UT 84404 OGDEN UT 84404 12-078-0014 12-075-0012 12-075-0015 HEWITT JORDYNN MASON CINDY M LUCERO MARIAN 232 WALL AVE 106 WALL AVE 136 N WALL AVE OGDEN UT 84404 OGDEN UT 84404 OGDEN UT 84404 Page 34 of 35 OGDEN CITY PLANNING COMMISSION November 6, 2019 AGENDA ITEM- #H Planning Division 12-078-0016 12-078-0016 12-071-0021 JOHNSON DIANE M & Occupant LUNDGREEN NATHAN & WF DALE W MAYBERRY 125 2ND ST LEEANN LUNDGREEN 2636 so 1900 w OGDEN UT 84404 PO BOX 12321 OGDEN UT 84401 OGDEN UT 84412 11-156-0007 12-195-0021 12-078-0026 Occupant CORNFELD BARBARA ANN & WILLEY WAYNE 0 & WF 107 SOUTHWELL ST CATHERINE M DRAPER DAWNELLE E W ILLEY OGDEN UT 84404 127 N WALL AVE 133 W 2NDST OGDEN UT 84404 OGDEN UT 84404 12-075-0008 12-154-0014 12-154-0015 DICKERSON GRANVILLE J ZIMMER BARBARA A HANKS CHERIE (LIFE ESTATE) 147 E 125 N 141 E 125 N 140 N WALL AVE OGDEN UT 84404 OGDEN UT 84404 OGDEN UT 84404 12-154-0015 12-195-0018 12-154-0016 Occupant JONES BONNIE L SAMAGUEY TERESA 141 E 125 N 113 W SOUTHWELL ST 139 E 125 N OGDEN UT 84404 OGDEN UT 84404 NORTH OGDEN UT 84404 12-154-0017 12-154-0017 12-154-0018 DICKERSON GRANVILLE J Occupant CORBETT JANET L (LIFE ESTATE) 144 N WALL AVE 142 E 125 N 140 N WALL AVE OGDEN UT 84404 OGDEN UT 84404 OGDEN UT 84404 11-156-0007 12-195-0005 12-195-0020 KURT D HALLESY & CHRISTY M EGBERT ARLO M & WF LOFTIS DAVID EUGENE & WF HALLESY TRUST BETTY I EGBERT LEILA LOFTIS 3645 N 600 E 146 W 140 N 135 N WALL AVE NORTH OGDEN UT 84414 OGDEN UT 84404 OGDEN UT 84404 12-071-0021 12-195-0006 12-195-0011 Occupant RICHARDS MARILYN K BURDETIE KELLY D & WF 133 2ND ST 156 W 140 N DEAUNE BURDETIE OGDEN UT 84404 OGDEN UT 84404 163 W 140 N OGDEN UT 84404 12-075-0011 12-195-0017 12-195-0012 NEIL R THAYNE & WF Occupant OSBORNE LYNDA & HUS JENNIFER J NEIL 158 N 135 W PAUL OSBORNE 110 WALL AVE OGDEN UT 84404 153 W 140 N OGDEN UT 84404 OGDEN UT 84404 12-195-0013 12-195-0019 12-195-0014 MUNOZ ARMANDO & MIKESELL TODD E & WF NABOR BARBARA & ANA CONTRERAS ALBARRAN LISA G MIKESELL JAMIE JAMES 143 W 140 N 145 N WALL AVE 133 W 140 N OGDEN UT 84404 OGDEN UT 84404 OGDEN UT 84404 12-195-0016 12-195-0015 GUTIERREZ ARMANDO MARQUEZ LILIANA & 148 N 135 W NATHANIEL M SABBAGH OGDEN UT 84404 138 N 135 W OGDEN UT 84404 Page 35 of 35 Symes, Glenn From: Montgomery, Greg Sent: Tuesday, August 11, 2020 10:12 AM To: Symes, Glenn Subject: FW: Fenway Fields Landscape Plan 2ND ST & WALL AVE. Glenn here is the urban forester’s comments about the trees for the Fenway Fields development agreement change to reduce the number of trees. Hopefully this backs up what I had said. From: Reeves, Damien Good afternoon Greg, I have met with Shawn on site about the landscape plan. I've given him different options other than the trees proposed on the plan, due to pathogens and pest that will cause those species chosen possible death In the future. I was also informed of the number of trees Shawn needed to plant on site. After reviewing the site plans, I feel it’s going to be over crowed and will have the potential to damage infrastructure and cause other hazards in the future. As far as the spacing in Ogden’s ROW we should follow the city’s ordinance and keep them at a minimum of 40 feet apart so that we can maintenance them as they grow. As well as keeping the min. distance from any hydrant, water meter etc.… If I remember correctly the park strip fell in the medium category of the ordinance. I have included links to both the Arboricultural Regulations and the Urban Forestry Contractor Packet, which has some good info in it for Shawn’s landscaper. If you need anything else please let me know. http://sterlingcodifiers.com/codebook/index.php?book_id=882&chapter_id=68407#s669907 https://www.ogdencity.com/DocumentCenter/View/8691/Urban‐Forestry‐Contractor‐Packet Damien Reeves Ogden City Forester [email protected] Office: (801) 629‐8369 Cell: (801)648‐8310 1