CITY OF OREM
CITY COUNCIL MEETING
56 North State Street, Orem, Utah
July 9, 2013
This meeting may be held electronically
to allow a Councilmember to participate.
5:00 P.M. STUDY SESSION – PUBLIC SAFETY TRAINING ROOM
AGENDA REVIEW
1. The City Council will review the items on the agenda.
CITY COUNCIL - NEW BUSINESS
2. 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
3. MINUTES of City Council Meeting – June 11, 2013
4. MINUTES of Special City Council Meeting – July 1, 2013
MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL
5. UPCOMING EVENTS
6. UPCOMING AGENDA ITEMS
7. APPOINTMENTS TO BOARDS AND COMMISSIONS
Beautification Advisory Commission – 3 vacancies
Heritage Advisory Commission - 1 vacancy
Summerfest Advisory Committee – 1 vacancy
8. RECOGNITION OF NEW NEIGHBORHOODS IN ACTION OFFICERS
9. MAYOR PRO TEM – July 9, 2013 through December 31, 2013
10. OATH OF OFFICE – Jamie Davidson – City Manager
CITY MANAGER’S APPOINTMENTS
11. APPOINTMENTS TO BOARDS AND COMMISSIONS
Planning Commission – 1 appointment
CONSENT ITEMS
12. MOTION - Appointment of Election Poll Workers and Approval of Voting Locations – 2013 Municipal Elections
RECOMMENDATION: The City Recorder recommends the City Council, by motion:
(1) Appoint the receiving and alternate poll workers for the 2013 Municipal Elections
(2) Approve the voting locations
POTENTIALLY AFFECTED AREA: Citywide
BACKGROUND: Pursuant to Section 20A-5-602 of the Utah State Code, the City Council must appoint election poll workers at least fifteen days prior to the election.
Pursuant to Section 20A-5-403(1)(b) approval of the voting locations must also be approved by the City Council.
SCHEDULED ITEMS
6:00 P.M. PUBLIC HEARING
13. ORDINANCE – Amending Section 22-5-3(A) of the Orem City Code and the Zoning Map of Orem, Utah, by Changing the Zone at Approximately 1040 North 1240 East from R12 to PD-18
REQUEST: The applicant requests the City Council, by ordinance, rezone 37.15 acres located generally at 1040 North 1240 East from R12 to PD-18 for the purpose of developing large estate lots.
PRESENTER: Jason Bench
POTENTIALLY AFFECTED AREA: Canyon View Neighborhood
BACKGROUND: The PD-18 zone is currently The Berkshires development accessible from south Carterville Road in the river bottom area. The applicant is requesting to apply the same zone to the subject property.
The PD-18 zone permits:
• Minimum lot size of ½ acre or 21,780 square feet
• Guest houses
• Private roads, which may be gated and no sidewalks
• Homes up to 55 feet high on lots larger than 1 acre or 43 feet for lots less than 1 acre
• Fences up to 10 feet high at least 29 feet from the front property line or 14 feet to the side property line adjacent to a street
Several neighborhood meetings were held to discuss this project and the City park.
Staff has no objections to the proposed rezone. The Berkshires development contains high-end homes and nothing less is expected from this development. The applicant is contemplating subdividing the property into two lots but the zoning would permit future development into several lots at least ½ acre in size.
The Planning Commission recommends the City Council approve this request.
6:00 P.M. PUBLIC HEARING
14. ORDINANCE - Enacting Section 22-11-49, PD-36 Zone Orem Falls Business Park Zone, and Appendix “DD” of the Orem City Code, and Amending Section 22-5-3(A) of the Orem City Code and the Zoning Map of Orem, Utah, by Rezoning Property Located Generally at 1300 North Geneva Road from the M2 zone to the PD-36 Zone, and Amending Appendix ‘A’ of the Orem City Code by Adding New Standard Land Use Codes
REQUEST: The applicant requests the City Council, by ordinance:
1) Enact Section 22-11-49, PD-36 zone Orem Falls Business Park Zone, and Appendix “DD” of the Orem City Code;
2) Rezone property located generally at 1300 North Geneva Road from the M2 zone to the PD-36 zone; and
3) Amend Appendix A of the Orem City Code by adding new Standard Land Use (SLU) Codes
PRESENTER: Jason Bench
POTENTIALLY AFFECTED AREA: Timpview Neighborhood
BACKGROUND: The applicant owns a parcel of property consisting of 77.97 acres located at approximately 1300 North Geneva Road, which is known as the former Williams Farm property. Since the owners purchased the property a couple years ago, the property has been cleared of trees and other debris to make way for development.
The applicant proposes to create the PD-36 zone and to apply the PD-36 zone to the subject property. The proposed PD-36 zone would allow the development of a light industrial business or technology park.
Some of the key elements of the proposed PD-36 zone include:
• A mix of commercial, office, and light industrial uses
• A maximum building height of 125 feet
• Landscaping standards that are consistent with Section 22-9-7(A) of the Orem City Code BP and CM zones
• Parking standards require 1 stall per 750 square feet for the first 50,000 square feet of building, 1 stall per 1,000 square feet for the second 50,000 square feet, and 1 stall per 1,500 square feet for all square footage in excess of 100,000 square feet. This standard is similar to the M2 zone. In addition, 1 stall shall be required for every 250 square feet of retail or office space regardless of the size of the building
• The creation of 10 new SLU codes to permit uses that are not currently found in the City’s SLU codes
The applicant is also requesting that two “I-15 Corridor Signs” be allowed in the PD-36 zone. The applicant desires to use these signs for both on and off premises advertising, so they would essentially be billboards. The City’s sign ordinance does not currently allow any new billboards anywhere in the city. The applicant has had some meetings with City staff in which the possibility of opening up the I-15 corridor to new billboards has been discussed. State law regulates the location and spacing of billboards, and based on these restrictions, the City estimates that there are potentially 5-7 additional locations along the west side of the I-15 corridor where new billboards could be located.
However, should the City decide to allow new billboards along the I 15 corridor, staff believes it would be preferable to do so by amending the sign ordinance rather than doing so on a property specific basis through the PD-36 zone.
The sign ordinance amendment concerning off premise advertising (billboards) is on the Planning Commission agenda for the July 10th, 2013, meeting and will be heard at a City Council meeting in the near future.
According to the General Plan regarding Planned Development zones, “Planned Development zones are intended to allow freedom of design in order to obtain development which will be an asset to the City.” Further they are to, “be located in commercial and industrial land use locations.” The General Plan designation for this area is Regional Commercial and the requested zone change is more in alignment with the General Plan than the current M2 zone especially given the property location and access from I-15.
A neighborhood meeting was held on January 25, 2013, regarding the proposed rezone and business park development. There were six people in attendance, two of which were from Geneva Holdings. The others at the meeting expressed concerns with some boundary line and infrastructure issues.
Advantages:
• The PD-36 zone will develop an undeveloped property into one that has economic benefits for the city
• The development will promote traffic circulation through the property and includes plans for additional traffic connections with the property to the north when it develops
• With frontage along I-15 and Geneva Road, the development has visibility to thousands of vehicles a day
• Design elements for the project promote aesthetically pleasing improvements with increased attention to landscaping and building appearance
The Planning Commission recommends the City Council approve the PD-36 Orem Falls Industrial Business Park with the recommendation that the section dealing with the I-15 Corridor Signs be deleted and that a discussion about allowing new off premise advertising (billboards) along the I-15 corridor be held in connection with the future proposal to amend the sign ordinance. Staff agrees with the Planning Commission recommendation.
6:15 P.M. PUBLIC HEARING
15. ORDINANCE – Amending Section 22-14-7(B)(2) of the Orem City Code to Permit Gravel Driveways Along Carterville Road
REQUEST: The applicant requests the City Council, by ordinance, amend Section 22-14-7(B)(2) of the Orem City Code to permit gravel driveways along Carterville Road.
PRESENTER: Jason Bench
POTENTIALLY AFFECTED AREA: Sharon and Hillcrest Neighborhoods
BACKGROUND: The applicant purchased property on Carterville Road in 2011. At that time, the driveway was constructed of asphalt. After purchase of the home, the owner tore out the asphalt and replaced it with gravel. A resident called Orem City to see if what the applicant had done was acceptable or against the Orem City Code. According to Section 22-14-7, the first seventy feet of a driveway must be a paved (asphalt or concrete) surface. The applicant wishes to amend the Orem City Code as follows:
22-14-7 Conservation of values.
B. Any lot in any zone shall be improved and maintained as follows:
2. Driveways leading from a street to a parking lot, private garage, carport or other off-street parking space shall be a paved surface except that the paved surface need not extend more than seventy feet (70') from the street right-of-way line. The paved surface shall be completed within one year from the date of the occupancy of the building. Parking on grass or landscaped areas of the front yard or side yard adjacent to a street in residential zones is prohibited. Exception: gravel driveways shall be permitted along Carterville Road.
In the case of the applicant, it can be shown that an asphalt driveway existed while Section 22-14-7(B)(2) was in effect. There may be some driveways along Carterville Road that are gravel or dirt and have existed since before the ordinance to require asphalt/concrete was adopted. The requirement to pave the first seventy feet of a driveway goes back to at least the 1975 Orem City Code. The number of driveways along Carterville Road that are not paved is twelve.
There are reasons why having a paved driveway is in the best interest of Orem City. If a driveway is not paved, the chance of carrying rock and mud onto the right-of-way is increased. Gravel on the road can also be a safety hazard for people on bicycles or runners. Gravel driveways require continued maintenance whereas asphalt or concrete are virtually maintenance free. Over time, gravel becomes compressed into the soil and the rock is replaced with dirt. This dirt can be tracked onto the road which is a concern with Public Works. During any construction project, measures must be taken to prevent rock and dirt form being carried onto the road. Another negative effect is dust, which is easily disturbed and can become a nuisance to neighbors.
This request will affect several thousand properties in the city and the potential for 114 new lots along Carterville Road. According to census projections, the total number of single-family dwellings in the City is 16,330. Should Carterville Road be permitted to have gravel driveways, there is the potential for property owners in other areas of the city to request the same. Staff is not in favor of this request as the proposal will have a negative effect on roadways and adjacent neighbors.
Advantages:
• None identified
Disadvantages:
• Gravel and debris is easily carried onto Carterville Road
• Other locations in the City are not permitted gravel driveways
• No legitimate governmental interest can be found as to why properties along Carterville Road should be permitted to have gravel driveways whereas other areas in the City are would be prohibited
The Planning Commission recommends the City Council deny the request to allow gravel driveways along Carterville Road.
PERSONAL APPEARANCES
16. Time has been set aside for the public to express their ideas, concerns, and comments on items not on the Agenda. (Please limit your comments to 3 minutes.)
COMMUNICATION ITEMS
17. BUDGET REPORT – Month Ending May 2013
CITY MANAGER INFORMATION ITEMS
18. 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.