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Commission approves Orchard Bend Phase 1 site plan and preliminary plat after debate over siding standards

5028863 · June 19, 2025
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Summary

The North Ogden City Planning Commission unanimously approved preliminary plat and site plan for Orchard Bend at North Ogden Phase 1, a 49-unit, for-sale townhome development on Washington Boulevard, after a debate about allowable siding in the project's development agreement.

The North Ogden City Planning Commission unanimously approved both the preliminary plat and the site plan for Orchard Bend at North Ogden (Phase 1), a 49-unit townhome development at approximately 1661 North Washington Boulevard, after an extended discussion about allowable exterior materials under the project's development agreement.

Planner Ryan Nunn told the commission the phase is consistent with the annexation and the previously approved development agreement and R-4 zoning. The phase comprises 49 for-sale townhome units to be managed by an HOA; the applicant indicated parcel D adjacent to the site would likely remain with the property and not be dedicated to the city. Nunn recommended approval "subject to the TRC memo, engineering memo and staff report" and noted building permits would not be issued until final plat recording.

Applicant Travis Taylor and representatives described the project and told commissioners they had negotiated the development agreement during annexation. Nunn and others noted the agreement's wording around exterior materials is broader than typical city code: the development agreement describes exterior cladding as a combination of masonry, EIFS (with a 25% maximum) and "siding" to be agreed by site plan review.

Commissioner Green led questions pressing the difference between the city's building-material code (which names hardy board, stone or brick, for example) and language in the development agreement that allowed sidings. "How beholden are we to the development agreement over city code?" Green asked. Staff responded that the development agreement controls for the parcels covered because it was adopted as part of the legislative rezone and annexation process, and where the agreement specifies a standard it supersedes the default code for that site.

Commissioners and the applicant debated durability, warranty and aesthetic trade-offs for siding options. Commissioner Neighbour and others said they preferred masonry-like materials for long-term durability, while the applicant said more durable, higher-grade siding products are available today and that the market economics played into negotiated concessions in the development agreement. The applicant offered to provide material specifications for staff review.

After discussion, the commission voted to approve the site plan on the conditions in the staff report with one change: the planning commission removed a staff condition that required replacing any vinyl siding with specific materials (hardy-board, composite, stone or brick) and instead directed that, if siding is used as proposed, the quality/specification of that siding be submitted and approved by staff. The motion also asked that the project's renderings and the proposed vertical/horizontal siding configuration be followed for this phase.

The commission also required completion of an updated landscaping plan to meet required shrub counts and asked the applicant to show street-light locations at key intersections as recommended by the city engineer. Commissioners Bailey, Neighbour, Green, Gardner and Webb each voted "yes."

The applicant and staff agreed the developer will provide siding product specifications and warranty information to staff for administrative review; if staff cannot reach a determination, the matter will return to the commission. Nunn reiterated that final plat approval and standard engineering sign-offs are still required before any building permits are issued.