Multifamily limits in C-2/CP-2 and C-3/CP-3 zones
Ordinance 2024-28 prohibits new multifamily dwellings, single-family rowhouses and duplexes in two commercial zone groups, with mixed-use projects required to keep 75 percent of ground-floor area nonresidential. The council adopted it 5-2 on Oct. 15, 2024.
- Where it stands
- Approved
- Type
- Code change
- Location
- C-2/CP-2 and C-3/CP-3 commercial zones, citywide
- Applicant
- Ogden Planning Division
Every hearing and vote
October 1, 2024 · City Council
Proposed ban on multifamily, rowhouses and duplexes in C-2/CP-2 and C-3/CP-3 zones
Discussed
Planning staff proposed a zoning text amendment prohibiting new multiple-family dwellings, single-family rowhouses and duplexes in the C-2/CP-2 and C-3/CP-3 commercial zones. The Planning Commission recommended approval on July 3, 2024. A May 28 notice of pending ordinance lets the city reject conflicting applications for 180 days, which ends November 24, 2024. Planning Director Brierley said multifamily housing made up 62 percent of housing permits from 2020 to 2023 and that the change is the start of a housing conversation that could lead to rezones and affect the General Plan update. Council discussion covered vacancy rates, unintended consequences, possible exceptions for senior housing or sites over 10 acres, and whether any project would be rejected. Continued October 8.
October 8, 2024 · City Council work session
Zone text amendments limiting multifamily dwellings in C-2/CP-2 and C-3/CP-3 zones
Discussed
Continued from October 1. Council members asked staff for examples of mixed-use dwellings, a count of existing multifamily units in the zones, whether applications are pending, and whether enough land is zoned for multifamily to serve forecast population. Council Member Myers relayed a constituent's concern that the change would bar accessory apartments in the zones. Planning Director Brierley said staff and the Planning Commission judged commercial zones a poor fit for those uses. The pending ordinance period ends November 24, 2024.
October 15, 2024 · City Council
Prohibit new multifamily dwellings, rowhouses and duplexes in C-2/CP-2 and C-3/CP-3 zones (Ordinance 2024-28)
Approved · 5-2
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