Planning Commission Notes -- 11.1.06
By Dian Woodhouse
When I arrived at this meeting around 8 PM, there were still a couple of issues to be decided before the amendment issue was presented. The discussion of these issues I think will really shed more light on the other and about how the Planning Commission works.
The first one I heard was number 9 on this oh-so-packed agenda: "Conditional Use Permit CUP (137-06) for preliminary approval of the River Glen Group Dwelling at 1131 16th Street." Public comments were in progress, and the first I heard was from the owner of private road in that area. It is a right of way, but nonetheless privately owned, and the speaker asked, "Don't I have any say as to what goes on on my property?"
I did not hear a definitive answer to this question from the Commission.
Other speakers backed him up on this, stating also that the road in its present condition was too narrow to let two vehicles pass on it. This, although seemingly glossed over by the Commission, is to me quite crucial. I lived by a private road once, and a developer began to use the "right of way" to run the large construction trucks on to get to a nearby development. Those trucks literally destroyed that road. After about a month of them using it, it began to erode, and then clouds of dust would blanket the neighborhood every time a truck went by.
The problem here is that a private road is just that---private. The city does not maintain it, resurface it, or plow it. The owner or owners of the road are responsible for those things, and since no arrangement with the developer had been worked out because of this already present "right of way," everybody around there was left with having to deal, at the end, with what was almost a dirt road. So these things are important, and in my opinion should be addressed.
The developer spoke, briefly outlining what was intended---a complex of housing with a Homeowner's Association, and very strict rules as to what tenants could and could not do with the outside of their property, etc.
Preliminary approval of this use permit passed with one dissenting, our newest Commissioner, Lillian Holman. After the vote, Commission Chair Cathy Blaisdell said, "Commissioner Holman, would you explain your "no" vote please?" This I found unusual, but perhaps it is standard for this body to ask for explanations of dissent. Commissioner Holman stated that she was concerned about the traffic congestion on 16th Street, and besides, the neighbors didn't want it.
The next issue was very similar to this last: Item 10, "Conditional Use Permit (CUP 137-06) for preliminary approval of Hidden Cove Townhomes at 216 East 9th Street." At this point, Commissioner Maw entered the room, having been absent during discussion of the previous issue. I believe that he had recused himself from discussion of it, because my impression was that he had been in attendance before. The discussion of this item was interesting in view of the extreme meticulousness staff had given to the plans.
For instance, the presence or absence of exterior shutters on the building was discussed, with staff strongly recommending that they be present. Discussed also was the need for wainscoting, and a staff preference that brick instead of stucco be used in the columns. One could not help but contrast this meticulousness with the seemingly "anything goes" amendment up next to create the MU (mixed use) zone.
The neighbors spoke, one mentioning the high crime already present in that area and stating that the appearance of multi-family housing would add further to the transient population instead of the stability of the neighborhood. Another neighbor asked where the dumpsters would be.
"I don't know that we have to answer that," Chairwoman Blaisdell said, perhaps somewhat testily, but the developer was present and stated where they would be.
A Commissioner then pointed out that they had in front of them approval for a 22 unit complex whereas the plans were showing 24 units.
Commissioner Herman then spoke to this issue, stating that there was a fundamental problem here with this neighborhood that no amount of shutters could rectify. He believed that more connection to the neighborhood should be encouraged, that now it was "isolated and fragmented. I think they'd better start over in their approach," he said.
Commissioner Holman then moved that approval of the permit be tabled "until the developers come up with a design more conducive to that property..." This passed 6 -- 2. Again, the dissenting votes were asked by the Chair for an explanation. Commissioner Dyer stated that he felt that the justification for denial was on an emotional basis, and he did not feel that should play a part. Discussion of this permit was then tabled until December 6th, and developers were told to "get with staff and see what you can work out."
Since we have already discussed the presentation of Item 11: Public Hearing to Consider Proposal to Amend 15-27-1 Sensitive Area Overlay Zone and Proposed Ordinance Adopting a new Section 15-13-33 (Slope Stability Studies Required,) I will go directly to public comments, with the ever present admonition that should there be misquotes or misspellings, corrections would be very appreciated.
Caril Jennings spoke first, stating that the foothills were our "Commons." The Commons, Jennings explained, is an English term for land that can be used as a gathering place by everyone forever, not just a select group of people whose homes may be near it. She urged the Commission to think about this regarding foothill development.
The next speaker discussed the consequences of amending the slope ordinance, and stated that we "should be very careful before we change the slope ordinances. He spoke of a system of terracing for runoff that has been "breached," making runoff a problem up there even now.
Sandy Davies asked--Why are we seeing these geological changes in the built up areas surrounding Ogden, mentioning the land slippage in Mountain Green and Heather Lane in Layton, the mudslide in South Weber that got into a home and injured a child, and the mudslides in Farmington Canyon. Davies also implied that we should be very careful about allowing Foothill Development.
Dan Schroeder spoke next, and handed copies of comments to both the Commissioners and Recorder, stressing the fact that the latest revision had not allowed him enough time to examine the document thoroughly. He then began to speak, but was stopped by the Chair before he had finished because his time was up.
Sandy Crosland: "We should not pretend that this is a zoning change in a vacuum. This is a zoning change to accommodate Chris Peterson's project.
Deb Badger mentioned a meeting in which Mr. Montgomery had stated something about the need to change slope ordinances for legal reasons. A former city attorney, Ms. Badger cited several cases in which slope ordinances were upheld, and also mentioned several Utah cities which currently have them in effect.
Jock Glidden referred the Commissioners to the environmental resources section in the general plan. "The proposal, I suggest, is out of order," he stated, saying instead that the Commissioners should wait for the results of the Mount Ogden neighborhood meetings. The proposed mixed use zone, he stated, "is ad hoc, arbitrary, and without guidance."
Matthew Mossbarger said that the proposed amendments seem to be a relaxation of the current rules instead of a tightening. He mentioned the removal in the proposed amendments of the need to do an economic feasibility study as well as the need to post a bond, and stated that we really need the feasibility study as well as financial protection if we as a city become involved in these developments.
Don Wilson: "I would remind you that Ogden City, WSU, and the City Council have waited very patiently for Mr. Peterson to give us something other than talk."
David Smith spoke of the General Plan and its provisions for preserving trails, views, and open space. "Taking that restriction off is not the direction the community wants to go, and it's not in the general plan."
Mary Hall stated that she was concerned with the transfer of development rights, and asked if the Commission could consider the MU Zone proposal another evening.
Theresa Holmes told the Commissioners that she had 3,000 signatures on a petition that stated that the undersigned did not want the foothill property sold. "Let's save what we have left, and not give it to Chris Peterson and his stupid proposal," she said.
The next speaker spoke of the problems associated with runoff in our foothills, and said, "I don't feel warm and fuzzy about anything I see here regarding water runoff. They have removed hydrology (entirely.)"
The next speaker stated that he was impressed with the civil tone of the meeting, considering this "shameless attempt to rape the foothills. I'd rather you just lift restrictions for him, dishonest as that may be," instead of passing these amendments so that the entire city would always have to comply with them.
Spencer Robinson stated that he had been at the meeting since 5 PM, and stated that there is more time that has to be invested in this decision. "This is bigger than the backside of a building," he said, referring to a discussion regarding the same earlier about one of the multi-family housing complexes.
Sharon Beech: "If we had a forensics team, we would see Mayor Godfrey's and Mr. Ellison's fingerprints all over this."
The next speaker said that no one has stepped forward stating that they don't like the present ordinance and saying why. He wished to know who decided that the present ordinance was a problem in the first place.
Bob Belka addressed a comment earlier in the meeting from one of the Commissioners, which was that they serve without compensation and are beholden to no one. "You are beholden to me," Mr. Belka said. "You are committed to that. Don't give away our mountain to a developer."
Brian Dorsey stated that one thing that had surprised him upon moving to Ogden was that there was no limit on Foothill Development.
Daniel Bedford referred to the spokesperson of Amer's statement that he believed that Ogden would be the next Boulder, Colorado, and reminded everyone that Boulder Colorado had a huge emphasis on preservation of open space and limitations on development over a certain elevation.
That was pretty much it for public comments. The rest you know from the news articles. The Commission decided to keep the public hearing open, even though Andrea Lockwood, one of the city attorneys, informed them that by law, they only needed one public hearing and this could satisfy that requirement.
There was another interesting thing involving Ms. Lockwood which I at first misinterpreted. At the end of the meeting, she was addressing the Commissioners and stated that one had given as a reason for denial of a permit that the neighbors didn't like the project. This, Ms. Lockwood said, was not good decision making in planning and zoning. It didn't matter whether the neighbors liked it or not.
This seemed so inflammatory that I discussed it in the hall later and was set straight. I was told that what Ms. Lockwood was stating was that, if a developer had complied with all existing ordinances and owned the property, the fact that the neighbors didn't want the development was not a legally sound reason to deny the developer a permit.
It was obvious to me that Commissioners Herman, Atencio, and Holman especially were actively taking their role on the Commission very seriously, and the Commission as a whole was quite receptive to the public comments, the Chair even saying that the evening had been quite an education for them. Commissioner Maw was emphatic about the need to do this right, and instrumental in moving the meeting to its conclusion. From attending this meeting, I think this is the fine line the Planning Commission has to walk--a balance between the way the public states it wants this city to go and the existing laws. And if a developer follows and complies with established ordinances, the law wins out and the developer gets the go-ahead.
Which is why these proposed changes are so important to us all.