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Davis Journal

City Council once again considers rezone at 602 South Angel Street

Sep 02, 2022 11:15AM ● By Cindi Mansell

Based on public and elected official density and other concerns, the Kaysville City Council previously denied a rezoning application for the property at 602 South Angel Street. The proposal at that time was to rezone 1.66 acres at 602 South Angel Street from A-1 Light Agricultural District with a minimum lot size of 40,000 ft² to R-1-8 Single Family Residential with a minimum lot size of 8,000 ft². The proposal also included a PRUD (Planned Residential Unit Development) overlay. The property is a 72,309 ft² parcel on the west side of Angel Street with one existing single-family home which faces east. That proposed change in zoning would have allowed for the construction of up to nine single family dwelling units. 

Community Development Director Melinda Greenwood said, “The earlier rezone did not pass but based on feedback, the applicant has returned with the application to rezone from A-1 to R-1-14 with a PRUD, but with lower density.” She said given the current A-1 lot size and zoning, only one single family home is allowed, but the requested zoning would allow up to five single family homes. She discussed lot size, density, and setbacks associated with the proposed R-1-14 rezone and said the applicant has supplied a concept drawing illustrating four homes on four lots.

Greenwood said the revised proposal continues to meet General Plan elements including Kaysville still being primarily residential, supplying diversified housing adaptable to changing conditions and aiding in the housing crisis. She said surrounding property owners were noticed and four emails with concerns about increased density were received. She told council the Planning Commission approved the rezone unanimously.

Councilmembers were happy to see the compromise, and unanimously approved the rezone. However, debate followed about the PRUD overlay and the fact that the concept drawing shows four single-family homes, but the zoning would allow up to five. Greenwood clarified the Council would need to require a development agreement to limit the density of the PRUD overlay.

Applicant David Nelson said due to minimum lot size and setbacks, he had not been able to fit five homes on the concept drawing. He said he is still awaiting the Federal Emergency Management Agency (FEMA) flood zone overlay which could also further affect buildability options. He said he would like to keep the possibility for up to five homes just in case a civil engineer could figure out a way to do so.

Mayor Tami Tran said the developer initially came in with a plan that was not approved, adding “he wanted to be a good neighbor, has changed his plan drastically and returned with something very reasonable.” 

“Mr. Nelson has been honest and transparent in saying this is what we can layout on paper, knowing there might be potential for change,” Tran said. She feels it would be fair to approve the PRUD overlay and not limit the number of homes to four.

City Attorney Nic Mills said having the rezone and PRUD overlay separate is traditional in Kaysville. He said nothing is changing from what is being presented and if they were able to figure out some way to build five lots, it would be possible when granting the PRUD overlay. Debate followed about the concept drawing showing four homes and the fact that a drawing showing five homes would be clearer for the public. 

Ultimately, the Council voted 5-1 to approve the PRUD overlay zone as presented without restrictions on the number of lots (knowing the R-1-14 rezoning allows for up to five if the applicant could figure out a way to do so). The Mayor and City Council overall felt this was a great compromise and illustrated the developer and City working together to address public interest.λ