Staff Report to the North Ogden City Planning Commission

Transcription

1 Staff Report to the North Ogden City Planning Commission SYNOPSIS / APPLICATION INFORMATION Application Request: Public Hearing regarding a legislative application, special exception for the Stone Crest Subdivision located at approximately 3800 North 575 East Agenda Date: November 2, 2016 Applicant: Walt Nielsen File Number: SPX PUBLIC NOTICE: Mailed Notice: October 24, 2016 Newspaper: October 26 & 30, 2016 City Website: October 25, 2016 PROPERTY INFORMATION Address: Approximately 3800 North 575 East Project Area: 3.69 Acres Zoning: HP-1 Existing Land Use: Vacant Proposed Land Use: Residential Parcel ID: ADJACENT LAND USE North: Residential East: Residential South: Residential West: Residential STAFF INFORMATION Robert O. Scott, AICP rscott@nogden.org (801) APPLICABLE ORDINANCES North Ogden Zoning Ordinance Title 12 (Subdivision Regulations) North Ogden Zoning Ordinance 11-7B (Single Family Residential Zones) TYPE OF DECISION 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

2 Stone Crest Subdivision Page 2 of 4 making a decision, related to a legislative matter, require compatibility with the general plan and existing codes. BACKGROUND On July 6, 2016 the Planning Commission granted final approval to the Stone Crest, Phase 1 subdivision. The applicant is in the process of submitting an application for Phase North is designed to run west of 575 East. Phase 2 has new lots fronting on the south side of the street. The Hollis property fronts the entirety of the frontage on the north and has one existing home. It also has a cut into the hill on this side that needs immediate attention prior to the coming winter in order to stabilize this cut. The applicant is requesting that sidewalk be eliminated on the north side of 3825 North in order to lessen the cut on the north side. (See Exhibit A) He has represented that the Hollis family is supportive of elimination of the sidewalk. SPECIAL EXCEPTION The applicant has submitted a special exception request for this subdivision. This special exception request acknowledges that there is a unique situation with the cut on the north side of 3825 North. The special exception ordinance has two sets of criteria that must be considered (i.e., the guidelines and prohibitions) when a special exception is requested (See City Code : SPECIAL EXCEPTIONS): C. Guidelines: In granting Special Exceptions the City Council and Planning Commission shall consider the guidelines found below. To obtain a Special Exception an applicant is not required to achieve a positive finding for each guideline. However, each guideline must be considered and addressed in the findings before the Planning Commission and City Council with an overall determination of whether or not to grant the Special Exception. In certain situations, a finding related to one of the guidelines below may override considerations for the other guidelines. 1. The health, safety, general welfare, and the best interest of the City. Staff Comment: The safety of the motoring public and pedestrians will not be impacted by this special exception. The likelihood of many pedestrians utilizing a north side sidewalk will be limited. 2. The impact on neighboring properties, including the ability to develop neighboring parcels in accordance with the general plan. Staff Comment: The general plan is supported by providing for a workable subdivision design that takes into account the existing parcels and buildings. 3. Unique character of the property such as physical surroundings, shape, topographical conditions, the use of natural features, preservation of a historical/cultural/community features. Staff Comment: The subdivision is on a hillside with a slope that has a cut on the north side of 3825 North. It also has a situation where there is only one home on that side of the street that has other developed access. 4. Community design including connectivity between subdivisions, including utilities, trails, roads, bus routes, parks, open space, and other similar considerations.

3 Stone Crest Subdivision Page 3 of 4 Staff Comment: The subdivision design provides for appropriate street connectivity. See above comment. 5. Traffic Flow, safety, and future transportation requirements as outlined by the City Engineer. Staff Comment: The City Engineer has identified that it can be deferred until the Hollis family or subsequent owner develops. (See Exhibit C). D. Prohibitions: 1. The Special Exception will not in any manner vary the provisions of the zoning ordinance (Title 11). 2. The Special Exception will not be granted for monetary purposes, such as increasing the number of lots which can be sold. 3. Special Exceptions shall not be granted to the following provisions: A. Cul-de-sac lengths B. Lot sizes C. Lot frontages D. Width of drivable surface in the right-of-way E. Slope of buildable area F. Single access subdivisions G. Utility requirements H. Density Options Staff Comment: None of the prohibitions impact this special exception application. Staff has identified four options for the Planning Commission to consider: 1. Eliminate the sidewalk on the north side of 3825 North or grant a deferral of this improvement. 2. Require the installation of the sidewalk: a. Build a retaining wall b. Build with existing standards and obtain a slope easement c. Place the sidewalk next to the curb 3. Eliminate the sidewalk on the north side of 3825 North and widen the sidewalk to 6 feet on the south side of 3825 North. 4. A long term measure would be to revise the City Engineering Street standard to narrow the right of way width from the 60 feet of right of way to 50 feet, along with a reduction in pavement width. SUMMARY OF PLANNING COMMISSION CONSIDERATIONS Does the proposed subdivision meet the requirements of the applicable City subdivision and zoning ordinances? Does the special exception request comply with the proposed Special Exception Code?

4 Stone Crest Subdivision Page 4 of 4 CONFORMANCE TO THE GENERAL PLAN The General Plan map calls for this property to be developed as single family residential. The proposed subdivision meets the requirements of applicable North Ogden City ordinances and conforms to the North Ogden City General Plan, assuming it is approved with the conditions specified in this Staff Report. STAFF RECOMMENDATION The Planning Commission can also find that the Special Exception application meets the Special Exception ordinance and can recommend that the City Council grant the special exception with the appropriate option. EXHIBITS A. Application B. Final Plat C. Engineer s Comments AREA MAP

5 17 October 2016 To: Mr. Rob Scott North Ogden Planning Department Fr: Walt Nielson Stone Crest Development North Ogden, Utah Re: Special Exception Concerning the Installation of Side Walks and Planting Strips in Front of Mr. Ken and Mrs. Bonnie Hollis' Home and lot #7 in Stone Crest Subdivision in North Ogden. General Considerations: These two real estate locations are contiguous and both face South on the same street. Due to the Southward variable sloping nature of the two properties, a practical difficult situation has developed that makes it near impossible to construct conforming sloping of the property in a way that includes sidewalk installation and at the same time allow for conforming road construction. Building a conforming slope and road structure would necessitate moving the roadway a considerable distance to the south causing a condition that negates the viability of the south side building lots ( building lots are planned only for the south side of the roadway). This action would make it impractical for lot construction. Eliminating the sidewalk and holding strip would make it possible to construct the slope in an acceptable manner and also accommodate the necessary conditions for road construction. It has been observed that waving the necessity of sidewalk installation exists in multiple areas in North Ogden City. As a note, this request includes consideration of a section of lot frontage measuring approximately 550 ft. in length along a westerly route traversing south facing slopes. The city engineer, Mr Matt Hartvigsen, has reviewed the proposed requirements and believes they are reasonable and necessary under the existing circumstances. Approval of the request to remove the sidewalk requirement would allow for the grading plan to be completed and for the remaining subdivision construction requirements to commence and be completed. I believe that this special exceptions request fulfills the purpose, intent, and spirit of the guidance document and that the elements comprising the guidance and prohibitions have been addressed satisfactorily (see :SPECIAL EXCEPTIONS). See Attached Document. Thanks for your consideration, Best Regards. Additional Note (October 18, 2016): This study will test the solidarity of the incline soil on the Nielson property that borders the Hollis realestate. This study can help provide information regarding various scenarios of retention of the hillside soils. This study was requested by the engineers, Matt Hartvigsen and Matt Murdock.

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15 I am supportive of the idea of not constructing the sidewalk on the north side of 3825 North through Phase 2 of Stone Crest at this time. I don't think that it is necessary to eliminate the sidewalk as stated. I feel like Walt misinterpreted me on that point. It would be reasonable but I don't think it would be necessary to eliminate the sidewalk. The sidewalk in question would front the Hollis' property. The Hollis' clearly explained to me that they do not want the sidewalk there at this time. One of the reasons that they gave me is that they do not want to take care of a sidewalk. They don't really have good access to the proposed sidewalk from their yard because the yard sits up much higher than the roadway and is blocked by a thick row of fitzers. Walt needs room to grade behind the north curb on the proposed 3825 North Street. I just need to know if the grading plan for the roadway can start behind the curb or if it will need to start behind the sidewalk. I think it is reasonable for the sidewalk to be left out for now. If the Hollis' or subsequent owners of the property decide to develop then they can construct the sidewalk at that time. I realize that this decision is not mine to make. I will proceed as directed by the Council. Thanks. On Tue, Oct 18, 2016 at 1:20 PM, Rob Scott <rscott@nogden.org> wrote: Matt and Jon, Attached is the application / letter for a special exception to eliminate the sidewalk on the north side of 3825 North. Matt he is quoting you as being supportive of this request. I have not been to the site to formulate an opinion.