conditional use permit amendment to modify the …

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OGDEN CITY PLANNING COMMISSION Planning Division August 4, 2021 AGENDA ITEM- 2e Page 1 of 14 Agenda Name: CONDITIONAL USE PERMIT AMENDMENT TO MODIFY THE BUILDING EXTERIORS OF THE SUN CHASE APARTMENTS AT 425 PARK BLVD. Petitioner/ Developer: Advanced Plus Construction of Utah 2321 E John Holladay Ct. Salt Lake City, UT 84117 [email protected] Petitioner/ Developer’s requested action: Approval of a conditional use permit amendment to replace the existing vinyl siding and brick building exterior treatments of the Sun Chase Apartments with cement fiber board siding and stone. The Sun Chase Apartments are a group-dwelling development in a CP-3 zone. Group-dwellings are conditional uses throughout the city, and are subject to the criteria outlined in 15-7-4, which are the basis for issuing and amending existing conditional use permits. The applicable criteria the Commission must review would relate to the visual implications of the proposed building exterior modifications and the compatibility with the site and the surrounding uses. As part of the criteria for issuing conditional use permits, the use will need to comply with the regulations and conditions of the land use ordinances, which includes the standards outlined in the Group Dwelling ordinance. The existing development is noncomplying. The Commission determines whether the re- siding meets the terms of “ordinary maintenance and repair” and be allowed to remain noncomplying. The Commission provides the final action for this request. The applicant will still need to obtain the necessary building permits. Possible findings based on decision Commission determines appropriate: 1. Approval as submitted (recommended by Staff): Report by: Barton Brierley, AICP Planning Commission’s determination for action What the Planning Commission reviews

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Agenda Name: CONDITIONAL USE PERMIT AMENDMENT TO MODIFY THE BUILDING EXTERIORS OF THE SUN CHASE APARTMENTS AT 425 PARK BLVD.
Petitioner/ Developer: Advanced Plus Construction of Utah 2321 E John Holladay Ct. Salt Lake City, UT 84117 [email protected] Petitioner/ Developer’s requested action: Approval of a conditional use permit amendment to replace the existing vinyl siding and brick building exterior treatments of the Sun Chase Apartments with cement fiber board siding and stone.
The Sun Chase Apartments are a group-dwelling development in a CP-3 zone. Group-dwellings are conditional uses throughout the city, and are subject to the criteria outlined in 15-7-4, which are the basis for issuing and amending existing conditional use permits. The applicable criteria the Commission must review would relate to the visual implications of the proposed building exterior modifications and the compatibility with the site and the surrounding uses. As part of the criteria for issuing conditional use permits, the use will need to comply with the regulations and conditions of the land use ordinances, which includes the standards outlined in the Group Dwelling ordinance.
The existing development is noncomplying. The Commission determines whether the re- siding meets the terms of “ordinary maintenance and repair” and be allowed to remain noncomplying.
The Commission provides the final action for this request. The applicant will still need to obtain the necessary building permits.
Possible findings based on decision Commission determines appropriate: 1. Approval as submitted (recommended by Staff):
Report by: Barton Brierley, AICP
Planning Commission’s determination for action
What the Planning Commission reviews
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• The proposed changes are compatible with surrounding developments and comply with the land use ordinance.
2. Approval with additional requirements from the Commission: • The following changes would make the proposal more compatible with
surrounding developments and would better comply with the land use ordinance: (list requirements and conditions)
Staff recommends approval of the proposed conditional use permit amendment with the following conditions.
1. Obtain a building permit for the work. 2. Present a schedule for review and approval for re-siding the entire complex, including
the entry guardhouse and recreational buildings, within five years.
Planning Staff’s Recommended Action
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The Sunchase Apartments at 425 Park Street are clad with brick and vinyl siding. See the photos below.
Vicinity Map
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The applicant would like to replace the siding with LP Siding and Craft Masonry Veener, as shown below.
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The LP Siding would be Repose Gray. The craft masonry veneer would be Shadowplay Craft Split Modular Panels. See the above photos.
Group dwelling siding types allowed and allowable maintenance and repair
The Sunchase Apartments are a group dwelling. Ogden City Code (OCC) Title 15 Chapter 10 governs the design of group dwellings. OCC 15-10-4D states,
“Approved materials require at a minimum the first floor to be finished in brick, stone, or pre-cast concrete that has the appearance of masonry. Floors above the main level shall be finished with brick, stone, pre-cast concrete that has the appearance of masonry, cement fiberboard, stucco, EIFS, or architectural metal.
Factors for consideration of action
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No more than two (2) main materials shall be allowed per building with other approved materials being utilized as accent materials. Vinyl and aluminum siding are not permitted materials.”
The existing apartment siding of vinyl and brick does not comply with this standard because (1) vinyl is not an approved material, and (2) the brick does not extend to the entire first floor.
The proposed siding material would not comply with current standards because (1) LP siding is not an approved material, and (2) the stone still would not extend to the entire first floor.
OCC 15-6-2A states,
“Ordinary Maintenance And Repair: A noncomplying structure may be maintained or repaired so long as such work does not increase the noncomplying or nonconforming conditions of the building or structure.”
Replacing the existing siding is ordinary maintenance and repair. Replacing the brick veneer with stone would not increase the nonconformity. The LP siding would be more durable than the existing vinyl and would not increase the conforming conditions. Therefore, the replacement could be allowed.
Conditional use permit criteria
OCC 15-7-9 states,
Once issued, a conditional use permit shall not be enlarged, changed, extended, increased in intensity, or relocated except by approval of the planning commission. Application and review of a proposed amendment to the conditional use permit shall follow the same procedures as outlined in this chapter for an original application.
The conditional use criteria in OCC 15-7-4 require that (A) the use not be detrimental to person or property, (B) the use be consistent with the General Plan, (C)&(D) the use and design be compatible with surrounding neighborhoods, and (E) the use complies with land use regulations.
The Sunchase apartments are relatively isolated. They are not visible from Washington Boulevard. The are bordered by commercial uses of very different styles and a river. Only across the back fence do they border other residential uses. The style of the apartments currently do not relate to surrounding styles. The updated siding will improve the appearance of the apartments and allow increase durability. This will improve the neighborhood. It will be important that the entire complex be re-sided to ensure internal consistency. A recommended condition is to require residing the entire complex, even if that occurs over time.
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1. Project Fact Sheet 2. Application 3. Public Notice (4 pages)
PROPERTY INFORMATION
Zone: CP-3
PROJECT HISTORY
Attachments
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