Staff Report to the North Ogden City Planning Commission

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1 Staff Report to the North Ogden City Planning Commission SYNOPSIS / APPLICATION INFORMATION Application Request: Public hearing, regarding a legislative application to amend the North Ogden Zoning and Subdivision ordinance to revise flag lot standards Agenda Date: November 4, 2015 Applicant: North Ogden City File Number: ZTA STAFF INFORMATION Robert O. Scott, AICP rscott@nogden.org (801) APPLICABLE ORDINANCES North Ogden Zoning Ordinance (Changes and Amendments) North Ogden Zoning Ordinance (Definitions) North Ogden Zoning Ordinance 11-7J (Residential City Center Zone (RCC) North Ogden Zoning Ordinance Title 12 (Subdivision Regulations) TYPE OF DECISION When the Planning Commission is acting in a legislative capacity it has wide discretion. Examples of legislative actions are general plan, zoning map, and land use text amendments. Legislative actions require that the Planning Commission give a recommendation to the City Council. Typically the criteria for making a legislative decision requires compatibility with the general plan and existing codes. BACKGROUND The City Council on July 28, 2015 passed a temporary regulation putting a hold on further approvals of flag lots until amended flag lot standards are written and approved. A joint work session with the Planning Commission and City Council was held on August 4 th in order to identify the parameters for amending the flag lot provisions. On September 2, 2015 the Planning Commission requested some additional information regarding the potential for new flag lots based upon the current ordinance standards. Staff has researched this request and produced a map showing this information. (See Exhibit B) There are approximately 17 lots that would qualify for flag lot consideration. On October 21, 2015 the Planning Commission considered various options for flag lot standards. The Planning Commission concluded that there is not a sufficient justification to

2 ZTA Flag Lot Amendment Page 2 of 2 continue to have flag lots in North Ogden and directed Staff to prepare an ordinance eliminating them. There are two definitions of flag lots; one in the zoning ordinance and one in the subdivision ordinance. It is recommended that the definition in the zoning ordinance be retained and the definition in the subdivision ordinance along with other references to flag lots be deleted LOT, FLAG: A flag or L-shaped lot consisting of a staff portion contiguous with the flag portion, the staff portion having frontage on a dedicated street. (Staff comment: It is recommended that the definition in the subdivision ordinance be deleted.) FLAG LOT: A flag or L-shaped lot comprised of a staff having a minimum width of thirty feet (30') and a maximum length of two hundred twenty feet (220'), and a flag portion consisting of the minimum dimensions required for a regular lot in the applicable zone. The square footage of the staff shall not be considered in determining whether the lot size (the flag portion) requirements are met (B) Flag Lots: All flag lots shall be approved as a special provision to the zoning ordinance by the planning commission in accordance with the provisions the definition of "lot, flag" set forth in section of this code. 11-7J-2 (D) TWO FAMILY DWELLINGS. Two-family dwelling shall not be allowed on flag lots. The following language eliminating flag lots is proposed: Flag Lots. Flag lots shall not be allowed in all residential, commercial, or manufacturing zone. PLANNING COMMISSION CONSIDERATIONS Should there be a prohibition flag lots? RECOMMENDATION Take public input on this ordinance, consider making any appropriate modifications to the amendment, and make a recommendation to the City Council. EXHIBITS A. Draft Ordinance B. Final Ordinance

3 ORDINANCE AN ORDINANCE OF NORTH OGDEN CITY AMENDING THE ZONING ORDINANCE OF NORTH OGDEN CITY CHAPTER 11-7J RESIDENTIAL CITY CENTER ZONE, TITLE 12 SUBDIVISION REGULATIONS AND ADDING A NEW SECTION IN TITLE 11 CHAPTER 10 REGULATIONS APPLICABLE TO MORE THAN ONE ZONE: WHEREAS: The City has subdivision regulations in residential zones, and WHEREAS: The City is committed to retaining the residential character in its residential zones, and WHEREAS: The City desires to establish appropriate standards for flag lots in residential zones, and WHEREAS: The City believes that flag lots do not contribute to the efficient development of land within North Ogden City, and WHEREAS: The flag lot ordinance amendment is consistent with the goals of the North Ogden City General Plan. NOW THEREFORE, BE IT ORDAINED by the North Ogden City Council that the North Ogden City Code in 11-7J Residential City Center, Flag Lot are amended and Regulations Applicable to More than One Zone add a new subsection 30 Flag Lots. SECTION 1: Language to be deleted FLAG LOT: A flag or L-shaped lot comprised of a staff having a minimum width of thirty feet (30') and a maximum length of two hundred twenty feet (220'), and a flag portion consisting of the minimum dimensions required for a regular lot in the applicable zone. The square footage of the staff shall not be considered in determining whether the lot size (the flag portion) requirements are met. See Flag Lots (B) Flag Lots: All flag lots shall be approved as a special provision to the zoning ordinance by the planning commission in accordance with the provisions the definition of "lot, flag" set forth in section of this code. 11-7J-2 (D) TWO FAMILY DWELLINGS. Two-family dwelling shall not be allowed on flag lots. SECTION 2: Language to be added Flag Lots.

4 Flag lots shall not be allowed in all residential, commercial, or manufacturing zone. SECTION 3: This ordinance shall take effect upon adoption. PASSED and ADOPTED this th day of North Ogden City: Brent R. Taylor North Ogden City Mayor CITY COUNCIL VOTE AS RECORDED: Aye Nay Council Member Bailey: Council Member Satterthwaite: Council Member Stoker: Council Member Swanson: Council Member Urry: (In event of a tie vote of the Council): Mayor Taylor ATTEST: S. Annette Spendlove, MMC City Recorder

5 ORDINANCE AN ORDINANCE OF NORTH OGDEN CITY AMENDING THE ZONING ORDINANCE OF NORTH OGDEN CITY CHAPTER 11-7J RESIDENTIAL CITY CENTER ZONE, TITLE 12 SUBDIVISION REGULATIONS AND ADDING A NEW SECTION IN TITLE 11 CHAPTER 10 REGULATIONS APPLICABLE TO MORE THAN ONE ZONE: WHEREAS: The City has subdivision regulations in residential zones, and WHEREAS: The City is committed to retaining the residential character in its residential zones, and WHEREAS: The City desires to establish appropriate standards for flag lots in residential zones, and WHEREAS: The City believes that flag lots do not contribute to the efficient development of land within North Ogden City, and WHEREAS: The flag lot ordinance amendment is consistent with the goals of the North Ogden City General Plan. NOW THEREFORE, BE IT ORDAINED by the North Ogden City Council that the North Ogden City Code in 11-7J Residential City Center, Flag Lot are amended and Regulations Applicable to More than One Zone add a new subsection 30 Flag Lots. SECTION 1: Language to be deleted FLAG LOT: A flag or L-shaped lot comprised of a staff having a minimum width of thirty feet (30') and a maximum length of two hundred twenty feet (220'), and a flag portion consisting of the minimum dimensions required for a regular lot in the applicable zone. The square footage of the staff shall not be considered in determining whether the lot size (the flag portion) requirements are met. See Flag Lots (B) Flag Lots: All flag lots shall be approved as a special provision to the zoning ordinance by the planning commission in accordance with the provisions the definition of "lot, flag" set forth in section of this code. 11-7J-2 (D) TWO FAMILY DWELLINGS. Two-family dwelling shall not be allowed on flag lots. SECTION 2: Language to be added Flag Lots.

6 Flag lots shall not be allowed in all residential, commercial, or manufacturing zone. SECTION 3: This ordinance shall take effect upon adoption. PASSED and ADOPTED this th day of North Ogden City: Brent R. Taylor North Ogden City Mayor CITY COUNCIL VOTE AS RECORDED: Aye Nay Council Member Bailey: Council Member Satterthwaite: Council Member Stoker: Council Member Swanson: Council Member Urry: (In event of a tie vote of the Council): Mayor Taylor ATTEST: S. Annette Spendlove, MMC City Recorder

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