Ogden council rezones 139 North Wall Avenue and approves landfill care agreement; residents question Lotus land exchange

Decisions at a glance

Agenda, item by item

1. Budget

   Fiscal year 2025 Annual Action Plan Amendment #1 and $674,100 budget amendment

   Discussed

   Staff proposed raising the Own in Ogden HOME down payment budget by $250,000 (goal from 25 to 50 households) and an overall $674,100 increase in the federal grant budget from carryover and program income. Finance Director Justin Sorensen said a public hearing on the budget amendment could be held December 17.

   • Budget$674,100 Increase to HUD Annual Action Plan budget, including $250,000 more for Own in Ogden HOME down payment assistance. Paid from Carryover and program income

2. Development

   Conveyance of parcels to the RDA and Land Transfer and Development Agreement with Parkway Group, LLC (1820 Washington Boulevard)

   Discussed · 1820 Washington Boulevard

   Economic Development Director Sara Meess said the project at about 18th Street and Washington Boulevard would include up to 110 units in two four-story residential buildings and a small commercial building. Four city parcels within 100 feet of the Ogden River must move to the RDA, which requires a public hearing but no council vote. The council approved the rezone and street vacation on September 26, 2023, and the incentive agreement was approved November 23, 2023.

   Follow Parkway Group, 1820 Washington Boulevard in the development tracker →

3. Development

   Parcel conveyance and land exchange with Lotus 1900 Lincoln, LLC (18th Street, Wall and Lincoln avenues)

   Discussed · 18th Street, Wall Avenue and Lincoln Avenue

   The mayor gave notice of conveying six city parcels (about 3.5 acres) to the RDA. The administration also proposed trading 4.09 acres of RDA land for 2.45 acres owned by Lotus to enable Phase 3 of the Riverwalk development in the River Bend Redevelopment Area. Community and Economic Development Director Jared Johnson reviewed the housing types, unit counts, parking, environmental cleanup needs and appraised values. Council discussion covered ownership history, open space preservation and timing.

   Follow Lotus Riverwalk Phase 3 land exchange in the development tracker →

4. Contract

   Purchase of the U.S. Forest Service Building (507 25th Street) and reimbursement resolution

   Discussed · 507 25th Street

   The GSA declared the building surplus in March 2023 and issued an offer to the city at $3.6 million. The contract requires $360,000 earnest money and execution by December 16, 2024, with closing within 30 days. Because bonds cannot be issued in that window, the RDA would advance funds and a Resolution of Intent would allow reimbursement from tax-exempt bond proceeds; it does not commit the agency to issue bonds. Financial adviser Laura Lewis of Lewis Robertson Burningham said the bond would not lower the city's rating but advised against further large sales tax bonds until WonderBlock generates revenue. Action was set for December 3.

   • Purchase$3.60 million to U.S. General Services Administration Purchase of the U.S. Forest Service Building. Negotiated sale after city notice of interest. Paid from Adams CRA tax increment, with reimbursement from bonds if issued
   • Payment$360,000 to U.S. General Services Administration Earnest money with executed contract. Paid from RDA advance

   Follow Forest Service Building (Giv Group) in the development tracker →

5. Zoning

   Rezone 139 North Wall Avenue from R-1-6 to R-3/CO with development agreement (Ordinance 2024-31)

   Approved · 7-0 · 139 North Wall Avenue

   Craig Butters petitioned to rezone 0.56 acres, recently added to the Fenway Fields subdivision, so two single-family lots can be reached from Fenway Fields Drive and tenant garages can be built for townhome residents. The Planning Commission recommended approval September 4 after postponing at an August 7 hearing. Development agreement terms: site plan review; single-story appearance with pitched roofs; 80 percent brick exteriors matching Fenway Fields; rear-loaded two-car garages with brick veneer; and a six-foot fence along boundaries outside the subdivision. Heights match Fenway Fields, about 25 feet, with garages no taller than 80 percent of the home. Bob Giboney, for the Lynn Irrigation Company, asked that ditch and headgate access be preserved and a fence installed; the applicant said he would work with the company on lot lines and a gate. Laura Lewis asked about garage height.

   • Applicant: Craig Butters
   • Acres: 0.56
   • Current zone → proposed: R-1-6 → R-3/CO with development agreement
   • Planning Commission: recommended approval Sept. 4, 2024

   Moved by Council Member Shaun Myers, seconded by Council Member Bart Blair. Vote: 7-0

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

6. Roads and utilities

   Interlocal agreement with West Haven for post-closure care of landfill at 910 West 21st Street (Resolution 2024-13)

   Approved · 7-0 · 910 West 21st Street

   Ogden, which owns about 80 percent of the former Moulding and Sons landfill, will lead the post-closure care permit application with West Haven, which owns 20 percent. The landfill closed in 2008 without the permit. Annual cost is estimated at about $11,500 between the two cities, and the city plans to petition the state to end the permit within a year; Anderson expected approval in one to two years. Council Member Graf asked to be told when the state acts.

   • Budget$11,500 to West Haven City Estimated annual post-closure care, shared between the cities. Paid from Ogden City and West Haven City

   Moved by Council Member Angela Choberka, seconded by Council Member Dave Graf. Vote: 7-0

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

7. Appointment

   Arts Advisory Committee appointments

   Approved · 7-0

   The council approved the mayor's appointments of Eric Holmes and Susan Snyder.

   Moved by Council Member Angela Choberka, seconded by Council Member Bart Blair. Vote: 7-0 (all voting aye)

What residents said

Speed of Lotus land exchangeAppraisal processCode enforcement on nearby businessRental vs. for-sale housingCampaign donation limitsDitch access at 139 North Wall Avenue

Heath Satow called the Lotus exchange positive but said it was moving too fast, asked who appraised the land and said the developer donated the maximum to the mayor's campaign the previous year, adding he was not claiming a direct connection; he also opposed raising campaign donation limits. Laura Lewis said she believes a city parcel near 18th Street and Washington Boulevard was appraised low and asked for a documented appraisal process and a plan for the former wildlife center building. Adam Jensen asked the city to slow the Lotus deal and seek public input. Scott Jensen, a business owner near the site, said he began receiving code violation notices and a business license reclassification after the city moved toward the exchange and asked whether the city was helping the developer; the minutes record no staff response. Teresa Bramwell asked about Lotus's acquisition history and urged that new housing be for sale rather than rent. Chief Administrative Officer Mara Brown offered to research and report back in a work session; Chair Richey said the council shares some concerns and will gather more information before acting.