General Information

Government Type

Municipality

Entity

Orem

Public Body

City Council

Notice Information

Add Notice to Calendar

Notice Title

Orem City Council Meeting

Notice Tags

Zoning

Notice Type(s)

Meeting

Event Start Date & Time

May 22, 2012 03:30 PM

Event End Date & Time

May 17, 2012 03:20 PM

Description/Agenda

CITY OF OREM CITY COUNCIL MEETING 56 North State Street, Orem, Utah May 22, 2012 This meeting may be held electronically to allow a Councilmember to participate. 3:30 P.M. WORK SESSION – COUNCIL CHAMBERS 1. DISCUSSION – CARE Tax Allocations 2. DISCUSSION – FY 2012-2013 Budget 5:00 P.M. STUDY SESSION – PUBLIC SAFETY TRAINING ROOM AGENDA REVIEW 3. The City Council will review the items on the agenda. CITY COUNCIL - NEW BUSINESS 4. This is an opportunity for members of the City Council to raise issues of information or concern. 6:00 P.M. REGULAR SESSION - COUNCIL CHAMBERS CALL TO ORDER INVOCATION/INSPIRATIONAL THOUGHT: By Invitation PLEDGE OF ALLEGIANCE: By Invitation APPROVAL OF MINUTES 5. MINUTES of City Council Work Session – May 1, 2012 6. MINUTES of City Council Meeting – May 8, 2012 MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL 7. UPCOMING EVENTS 8. UPCOMING AGENDA ITEMS 9. APPOINTMENTS TO BOARDS AND COMMISSIONS Beautification Advisory Commission – 1 vacancy Recreation Advisory Commission - 1 appointment 10. RECOGNITION OF NEW NEIGHBORHOODS IN ACTION OFFICERS 11. PRESENTATION – Historic Preservation Advisory Commission – Park Family 12. REPORT – Summerfest Advisory Committee – Reed Price CITY MANAGER’S APPOINTMENTS 13. APPOINTMENTS TO BOARDS AND COMMISSIONS The City Manager does not have any appointments. PERSONAL APPEARANCES 14. Time has been set aside for the public to express their ideas, concerns, and comments on items not on the Agenda. Due to these items not being on the agenda, there will be no discussion or action taken on them at this meeting. If you are interested in receiving the response to the items, please leave your contact information with the City Recorder. (Please limit your comments to 3 minutes.) CONSENT ITEMS 15. There are no consent items. SCHEDULED ITEMS 6:00 P.M. PUBLIC HEARING 16. ORDINANCE - Amending Section 22-5-3(A) of the Orem City Code and the Zoning Map of the City of Orem, Utah, by Changing the Zone on Approximately 10.86 acres from R12 to the PD-11 zone for Property Located Generally at 1430 South Sandhill Road, Amending Section 22-11-23 of the City Council by Enacting the PD-11 Zoning Text, and Amending the Appendix by Adopting Appendix X REQUEST: Alexis Gevorgian requests the City Council, by ordinance, amend Section 22-5-3(A) of the Orem City Code and the Zoning Map of the City of Orem, Utah, by changing the zone on approximately 10.86 acres from R12 to PD-11 for property located generally at 1430 South Sandhill Road, amend Section 22-11-23 of the Orem City Code by enacting the PD 11 zoning text, and amend the Appendix by adopting Appendix X. PRESENTER: Stanford Sainsbury POTENTIALLY AFFECTED AREA: Lakeview Neighborhood BACKGROUND: This proposal came before the City Council in November of 2011 but was continued by the Council. Since that time, the applicant has made some changes to the plans and configuration of the proposal The applicant has been working with the City and neighbors for several years to develop the subject property. Earlier renditions included property owned by Leroy and Larry Peterson. They are no longer part of the development. The owners of the property in the proposed development are Alexis Gevorgian and the owners of the three homes at the corner of 1430 South and Sandhill Road. The request is to change the zone from R12 to the PD-11 zone to develop townhome units at a density of 13.9 units per acre. The subject property has historically been the location for agricultural uses. The proposed development contains 151 units on approximately 10.86 acres for a density of 13.9 units per acre. The proposed density has a maximum of 15 units per gross acre. The density of the proposal is 10 units less per acre than the density of Pinnacle Canyon View (24 units/acre) to the north. The remainder of the R12 property, owned by the applicant and Leroy and Larry Petersen, will remain as the R12 zone. Site changes include: relocating the clubhouse and pool facility, locating the larger units to the south boundary, straightening out the south boundary, and increasing the landscaping percentage and the number of parking stalls. The applicant has squared off the south boundary with the adjacent landowner and picked up additional acreage. This has caused the number of units to increase but reduce the density to 13.9 units per acre. The proposed acreage and density reviewed by the City Council in November 2011 was 140 units on 9.54 acres or 14.67 units per acre. The community center which includes a pool and clubhouse facility has been moved to the southeast and is now adjacent to the south boundary of the project. This reduces the effective density adjacent to the undeveloped R12 property to the south. The south boundary will be the location of the two-story units. Access for this development will be located on 1430 South which will cause traffic to head north or south on Sandhill Road or east on 1430 South to the 400 West and University intersection. This proposal does not provide a connection to the south single-family homes with exception to Sandhill Road. Parking was first proposed at 2.75 per unit but has now increased to 2.78 stalls per unit. Overall there will be 420 total parking stalls. Landscaping has also increased from 32 percent to 38 percent or an additional 1.12 acres from 3.05 acres to 4.13 acres. Transportation Impacts Two different concept plans were presented to the Planning Commission at different meetings. The first plan included proposed street connections to the neighborhood area to the south, to Sandhill Road, and to 1430 South. The latest concept plan does not have street connections to the south, or to Sandhill Road. It's only two access points are onto 1430 South. The concept plan also proposes to widen 1430 South and will provide curb, gutter, and a landscaped park strip and sidewalk on the south side of the road. The widened road will be able to accommodate a center turn lane. Going from a two-lane road to a three-lane road will increase the capacity of the road by twenty to thirty percent. The latest concept plan proposal has 140 townhouse units. It is expected that the traffic generation would therefore be around 1400 vehicles per day (700 entering and 700 exiting the project each day). Most of these vehicle trips will be spread out through 16 hours of the day. In the AM Peak Hour, the traffic may be around 100 - 110 vehicles leaving the site, and just a few entering the site. In the PM Peak Hour, there will be around 100 – 110 entering the site, and about half that amount leaving the site. Three intersections in the area were analyzed to determine if projected traffic impacts from the rezone concept plan would negatively impact existing traffic conditions: 1. 1430 South at Sandhill Road, 2. Sandhill Road at University Parkway, and 3. 400 West at University Parkway. It is anticipated that intersection #1 will have an intersection delay increase of 0.4 seconds, intersection #2 an intersection delay increase of 0.3 seconds, and intersection #3 an intersection delay increase of 0.8 seconds. These delay values are under the assumption that 60 percent of the project traffic will use the University Avenue / 400 West Intersection, 35 percent would use the University Parkway and Sandhill Road intersection, and the remaining 5 percent of the project traffic would have an origin or destination south on Sandhill Road (south of 1430 South). Since the intersection delay increases were so small, no other traffic distribution assumptions were analyzed. The Sandhill Road at University Parkway intersection, and the University Parkway at I 15 interchange, are currently being improved. The new intersection will be the first Continuous Flow Intersection (CFI) in Utah Valley. The traffic impacts created by the proposed rezone plan are very minimal. To see a visualization of how the new interchange and adjoining intersection will function, go to: http://www.youtube.com/watch?v=7ss7XdgLCHI Notices were mailed out to all property owners and residents within 500 feet of the perimeter of the R12 property. Typical distance for notification is 300 feet, but this was expanded due to the impact the development may have in the area. Architecture Two styles of townhomes are proposed. The first has three stories and is 38 feet high. These units will have 3 bedrooms and 2.5 baths, and a 2-car garage. Exterior elements include a balcony, and facade relief, and a covered porch. The second style of townhome units are 2-story and have 3 bedrooms, 2.5 baths, 2-car garage, balcony and covered porch. These units are 31 feet high and will have cement fiberboard siding. A clubhouse with pool facilities will also be included as an amenity for the residents. Landscaping 38.4 percent of the development will be landscaped and include one tree (deciduous or coniferous) and eight evergreen shrubs for every unit. Landscaping then is required at 151 trees and 1,208 evergreen shrubs. Parking Each townhome unit contains a 2-car garage in addition to this 0.78 parking stalls required for each unit as guest parking for a total of 420 stalls to serve guests and residents. Within a short distance of the applicant’s project, there are several high-density developments. Pinnacle Apartments has 288 units with parking at 2.25 stalls per unit for a total of 648 stalls. Parkway Condominiums, in the Student Housing (SH) overlay zone, has 107 units with 4 occupants per unit. Parking is calculated at 0.8 stalls per occupant which requires 342 stalls and 429 have been provided. Finally, Lake Ridge Condominiums has 96 units at 2.5 stalls per units for a total of 240 parking spaces. Advantages: • Provides additional housing opportunities • There is a market demand for townhome units • Townhomes have historically been well maintained in the city • This is the type of development that attracts young families to the neighborhood • Ground is developed, which for the most part is underutilized • The south side of 1430 South will be completed with asphalt, curb, and gutter • The proposed concept plan provides an undeveloped buffer to the existing R8 development to the south • Because of individual ownership, a home owners association will be created to preserve the quality of the development. • Buffer (undeveloped) still in place between existing residential to the south and subject property Disadvantages: • The applicant was not able to purchase five lots along Sandhill Road so the owners (although 3 of the 5 lots will be rezoned) may not develop their property in the near future, or ever • As with any development, traffic will increase along Sandhill Road and 1430 South as outlined in the Transportation Impacts section of this agenda summary The neighbors desire the property to develop as single-family homes at lower densities 6:00 P.M. PUBLIC HEARING 17. ORDINANCE – Amending Section 22-11-17(B) Of The Orem City Code by Adding Standard Land Use Code 7214 Legitimate Theater as a Permitted Use in the PD-5 Zone REQUEST: The applicant requests the City Council, by ordinance, add SLU Code 7214 Legitimate Theater as a permitted use in the PD-5 zone. PRESENTER: Stanford Sainsbury POTENTIALLY AFFECTED AREA: Lakeview and Lakeridge Neighborhoods BACKGROUND: The intended purpose of the PD-5 zone was to limit the uses allowed in the zone and promote commercial activities that are conducive in close proximity to residential zones while protecting the character and quality of adjacent residential uses. The PD-5 zone is located from 400 West to 200 East along University Parkway. Motion Picture Theaters is a permitted use in the PD-5 zone but a Legitimate Theater (live plays, etc.) is not currently permitted. The applicant requests legitimate theater be added as a permitted use for the purpose of operating a haunted house in the fall and other activities relating to live theater throughout the year. The location will also have a small retail area for related novelties. After reviewing the proposed ordinance, staff has listed advantages and disadvantages concerning the proposed request. Advantages: • A legitimate theater business would have minimal impact to the surrounding businesses or adjacent residential zones; • Adding legitimate theaters as a permitted use in the PD-5 zone allows an option for owners and operators of commercial spaces to lease space adding vitality to the University Parkway corridor; and • Close proximity to UVU and BYU students increases the viability along the corridor. Disadvantage: • University Parkway is a valuable retail corridor. This is a use that would generate minimal sales tax. The proposed amendment to Section 22-11-17(B) is outlined below: B. Permitted Uses. The uses listed below shall be permitted within the PD-5 zone. Standard Land Use Code Category 1510 Hotels, tourist courts, and motels 5260 Home Improvement Centers 5392 General Stores 53XX All General Merchandise Retail Category, (except 5395, Flea Market) NEC* 54XX All Food Retail Category (except 5420, Farmers Market) 5511 Motor vehicles (new and used) 56XX All Apparel & Accessories Category 57XX All Furniture, Home Furnishings and Equipment Category 5810 Restaurants 5910 Drug and proprietary 5931 Antiques 5932 Gold and Silver 594X Books, Stationary, and Office Supplies Category (except 5949, Video Rental) 5951 Sporting goods 5952 Bicycles 5953 Toys 5970 Computer goods and services 5996 Optical goods 61XX All Financial, Insurance and Real Estate, Services Category,(except 6161, Pawn Shops) 6220 Photographic Services Category 6230 Beauty and Barber Category 6331 Duplicating, Mailing and Stenographic, Category NEC 6350 News Syndicates Category 6360 Employment Services Category 6392 Business and Management Consulting Services 6396 Photo finishing 65XX All Professional Services Category (except 6515, Veterinarian Services, Kennels & Runs) 711X Cultural Activities Category 7212 Motion Picture Theaters 7214 Legitimate Theater 18. ORDINANCE – Approving the Amounts to be Awarded to the CARE Grant Recipients for the 2012 CARE Granting Round RECOMMENDATION: The City Manager recommends the City Council, by ordinance, approve the amounts to be awarded to CARE grant recipients for the 2012 granting round. PRESENTER: Charlene Mackay POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: On November 8, 2005, a majority of City of Orem voters voted in favor of enacting a local sales and use tax of 0.1% as a means of enhancing financial support for recreational and cultural facilities, and cultural organizations within the City of Orem. Known as the Cultural Arts and Recreation Enrichment tax (CARE), the Orem City Council enacted the tax by ordinance on November 22, 2005. The tax went into effect April 1, 2006, and is currently authorized for a period of eight years. On December 9, 2008, the City Council amended the CARE Program policies and procedures, establishing eligibility requirements and an application process for this competitive granting program. Three categories of grants were established, including Recreational and Cultural Facilities, available for publicly-owned or operated facilities; Cultural Arts Major Grants, of $5,000 or more for operating costs of nonprofit cultural arts organizations; and, Cultural Arts Mini Grants, of up to $4,999 for operating costs of nonprofit cultural arts organizations. Applications for this CARE granting round were due on March 14, 2012. The City Council then met in a series of public meetings in April and May to hear from applicants and to consider their grant requests. Utah law requires that the entire amount of revenues and interest collected as a result of the imposition of the tax be distributed in a manner consistent with Utah Code Ann. 59-12-1403, which allows for granting to one or more facilities or organizations. Utah law also requires the City to provide for that distribution by ordinance. 19. ORDINANCE – Amending Article 13 of the Orem City Code to Prohibit the Use of Amusement Attractions at All Parks and Recreation Areas RECOMMENDATION: The Recreation Director recommends the City Council, by ordinance, amend article 13-1 of the Orem City Code relating to amusement attractions at all parks and recreation areas. PRESENTER: Karl Hirst POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: The City of Orem is responsible for protecting the health, safety, and general welfare of the city. The use of amusement attractions in the City’s parks and recreation areas can cause damage to City-owned property and puts the people that use the attractions and the other park and recreation area users at risk. Furthermore, the inability of organizations and individuals, that rent or utilize amusement attractions, to obtain insurance coverage for participants using these attractions may expose the City to additional liability. In an effort to provide the best and safest experience for all individuals that use parks and recreation areas, the Recreation Director has determined that the use of amusement attractions in parks and recreation areas should be prohibited unless the amusement attractions are used during a City-sponsored event or activity. For the purposes of the ordinance, “Amusement Attractions” shall mean any temporary attractions or apparatuses on City-owned property that are not permanent fixtures that are commonly operated at fairs, fundraisers, and private parties including but not limited to inflatable structures, bounce houses, astro jumps, jumpers, moonwalks, dunk tanks, and climbing walls. COMMUNICATION ITEMS 20. PERSONAL APPEARANCE RESPONSE – Clay Swenson – 1600 North 400 West – Traffic and Irrigation Issues 21. PERSONAL APPEARANCE RESPONSE – John Lockwood – UTOPIA 22. BUDGET REPORT – Month Ending April 2012 CITY MANAGER INFORMATION ITEMS 23. This is an opportunity for the City Manager to provide information to the City Council. These items are for information and do not require action by the City Council. ADJOURNMENT

Notice of Special Accommodations (ADA)

THE PUBLIC IS INVITED TO PARTICIPATE IN ALL CITY COUNCIL MEETINGS. If you need a special accommodation to participate in the City Council Meetings and Study Sessions, please call the City Recorder’s Office at least 3 working days prior to the meeting. (Voice 229-7074) (TDD # 229-7037)

Notice of Electronic or Telephone Participation

This meeting may be held electronically to allow a Councilmember to participate.

Meeting Information

Meeting Location

56 North State Street
City Council Chambers
Orem, 84057
Show in Apple Maps Show in Google Maps

Notice Posting Details

Notice Posted On

May 17, 2012 03:22 PM

Notice Last Edited On

May 17, 2012 03:22 PM

Subscribe by Email

Subscription options will send you alerts regarding future notices posted by this Body.