Ogden council bans new apartments and duplexes in two commercial zones on a 5-2 vote

Decisions at a glance

Agenda, item by item

1. Roads and utilities

   Landfill post-closure care permit and interlocal agreement with West Haven (910 West 21st Street)

   Discussed · 910 West 21st Street

   Public Services Director Justin Anderson said the former Moulding and Sons landfill closed in 2008 and was donated to Ogden and West Haven, but no post-closure care permit was filed with the state. Ogden owns about 80 percent and would lead the application. Care is typically required for 30 years; the city plans to seek early termination after one year. Annual cost is estimated at about $11,500 between the two cities. Members discussed land value, reuse and the city's risk. Action was set for November 12.

   • Budget$11,500 Estimated annual post-closure care cost shared by Ogden and West Haven. Paid from Ogden City and West Haven City

   Follow Moulding and Sons landfill post-closure care in the development tracker →

2. Zoning

   Preview: rezone of 139 North Wall Avenue

   Discussed · 139 North Wall Avenue

   Planning Manager Barton Brierley described a petition by Craig Butters to rezone 0.56 acres from R-1-6 to R-3 with a conditional overlay and a development agreement, so two single-family lots can be reached from Fenway Fields Drive (UDOT will not allow access to Wall Avenue) and tenant garages can be built for Fenway Fields townhome residents. The applicant said there will be eight or nine garages and he is working to include the parcel in the homeowners association.

   Follow 139 North Wall Avenue rezone (Fenway Fields) in the development tracker →

3. Other

   Council trip to Hof, Germany

   Discussed

   Executive Director Janene Eller-Smith reported on planning for a council visit next summer to Ogden's sister city, Hof, Germany.

4. Other

   Adopt Citizen Participation Plan for HUD Five-Year Consolidated Plan (Resolution 2024-12)

   Approved · 7-0

   The plan sets outreach and public input steps for the city's federal Community Development Block Grant and HOME programs, including a 30-day comment period, public hearings and new tools such as QR codes and surveys. The Citizen Advisory Committee recommended approval September 5. No one spoke at the public hearing.

   Moved by Council Member Bart Blair, seconded by Council Member Angela Choberka. Vote: 7-0

5. City code

   Prohibit new multifamily dwellings, rowhouses and duplexes in C-2/CP-2 and C-3/CP-3 zones (Ordinance 2024-28)

   Approved · 5-2 · C-2/CP-2 and C-3/CP-3 zones citywide

   The ordinance bars new multifamily dwellings, single-family rowhouses and duplexes in the zones. The Planning Commission recommended approval July 3, and a pending-ordinance notice from May 28 expires November 24. Planning Director Brierley said multifamily made up 62 percent of 2020-2023 permits and that land zoned for multifamily far exceeds projected need, but he would not say the change has no effect on the housing market. Opponents: Dan Schroeder, Benjamin Zach, Salvoy Miller, Linda Sanchez, Keith Warburton (owner of the former Days Inn site at 3306 Washington Boulevard, who said the pending ordinance paused his affordable housing project funded by a $4.1 million state grant) and Heath Satow said it would raise costs and limit affordable housing and called the 10-acre minimum for mixed use unreasonable. Brierley said small mixed-use parcels with one commercial tenant tend to struggle. Council Member Graf noted apartments remain allowed in the Central Business District. Members Hyer, Graf and Myers and Mayor Nadolski cited long-term commercial land, density near transit, and constituent concerns. Council Member Choberka raised the loss of Section 8 housing. Hyer moved to amend the mixed-use standard to require at least 75 percent of ground-floor area in nonresidential use (passed, all aye). Vice Chair White, who preferred tabling to see the changes in writing, and Choberka voted no on the amended ordinance.

   • Applicant: Ogden Planning Division
   • Planning Commission: recommended approval July 3, 2024
   • Amendment: at least 75% of ground-floor area must be nonresidential in mixed-use projects

   Moved by Council Member Richard Hyer, seconded by Council Member Dave Graf (amendment moved by Hyer, seconded by Council Member Shaun Myers, all aye). Vote: 5-2; Council Member Angela Choberka and Council Member Marcia White voted no. Voting no: Council Member Angela Choberka, Council Member Marcia White

   Follow Multifamily limits in C-2/CP-2 and C-3/CP-3 zones in the development tracker →

What residents said

Housing affordability10-acre minimum for mixed useBusiness licensing delaysHomeownership rateTravel stipend for Germany trip

Annie Dunnaway said a 10-week wait for business licensing guidance cost her business about $8,600 a week in revenue. Heath Satow urged the city to work with other Weber County cities on housing and said he would comment on campaign finance rules later. Travis Pate asked about historic preservation and General Plan participation. Linda Sanchez questioned a possible council stipend on the Germany trip. Keith Warburton said the ordinance was improper because it does not address affordable housing. Teresa Bramwell said homeownership in Ogden has fallen from 70 percent to below 40 percent. Council Member Graf said his $1,500 per day stipend remark was a joke; Chair Richey said members would receive a stipend like employees on work travel but pay a large share of costs themselves. Mayor Nadolski said he does not support doubling campaign contribution limits and has scheduled a facilitated downtown parking stakeholder meeting.