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Proposed Amendment to the Development Agreement for the Project at 100 West 2Nd Street

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Proposed Amendment to the Development Agreement for the Project at 100 West 2Nd Street 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 Page 1 of 2 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 Page 2 of 2 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.
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