Ogden Council Approves Rezoning for 853 7th Street to Allow Small‑lot Owner‑occupied Development

The Ogden City Council voted 5–2 on Sept. 16 to adopt ordinance 2025‑29, rezoning property at 853 7th Street to an R2S/group‑dwelling designation that would permit a private‑drive, small‑lot owner‑occupied development under a time‑limited development agreement.

Joe Simpson, planning staff, told the council the petition would rezone roughly 7.9–12 acres and include a conditional overlay and a development agreement with a 10‑year owner‑occupancy deed restriction. "Ultimately, the commission did recommend approval of the proposed rezone and development agreement," Simpson said, summarizing the planning commission's position and emphasizing required follow‑up steps including traffic, geotechnical and title work.

Developer Pat Burns said his purchase is contingent on clearing site challenges and noted a current contract on half the property. "We have an existing contract. It was 2.3," Burns said, referencing the price for half the ground that he said remains under negotiation. Burns and staff explained the project responds to topographic constraints and proposes private drives and a homeowners association to manage common areas.

Neighbors and other residents urged the council to preserve the site as open space, cited wildlife and sledding use, and raised safety concerns about 7th Street hill and a disputed driveway easement. "I live at 762 Liberty Avenue… I just want to plead once more for the city to look at this as a park," Suzanne Hogan told the council during the public‑comment period. Affected homeowner David Yates said he disputes the scope of a purported easement that provides access to the site: "The driveway is mine. There is a purported easement across it," he said, adding he has sought legal opinions and suggested engaging the state ombudsman to review title questions.

Council members questioned whether easement and title issues should be resolved before the city changes zoning. Staff said title clarity and any private dispute remain part of the later subdivision and plat review process and that the development agreement includes an 18‑month clock for the developer to advance site plans and permits; if milestones are not met the zoning could revert. Council members were split on the balance between protecting neighbors and enabling additional starter‑home opportunities. Several members said the private parties should resolve easement matters but voiced concern about the risk of lengthy unresolved approvals.

Vice Chair Hyer moved to adopt ordinance 2025‑29, seconded by Council Member Myers. The roll call recorded five votes in favor and two opposed: Council Member Blair — Aye; Council Member Cherubka — Aye; Council Member Graff — Aye; Council Member Meyers — Aye; Council Member Ritchie — No; Vice Chair Hyer — Aye; Chair White — No. The ordinance passed.

Next steps outlined by staff include preliminary group‑dwelling and site‑plan review, subdivision platting, geotechnical and traffic studies, title reports and additional planning commission and mayoral review if applications proceed. The council did not commit city funds to acquire the land as park space; staff and the mayor noted the property is privately owned and not currently offered for purchase by the city.

The council’s approval sets a zoning pathway but leaves multiple technical and private‑party hurdles unresolved; the developer must satisfy title, safety, and environmental constraints before the project can move into final approvals.