General Information

Government Type

Municipality

Entity

Orem

Public Body

City Council

Notice Information

Add Notice to Calendar

Notice Title

June 23, 2015

Notice Tags

Zoning, Other

Notice Type(s)

Notice, Meeting, Hearing

Event Start Date & Time

June 23, 2015 06:00 PM

Event End Date & Time

June 23, 2015 09:00 PM

Description/Agenda

Items for this meeting--attached below--include: * public hearing notice(s) * agenda CITY OF OREM CITY COUNCIL MEETING 56 North State Street, Orem, Utah June 23, 2015 This meeting may be held electronically to allow a Councilmember to participate. 3:30 P.M. WORK SESSION - PUBLIC SAFETY TRAINING ROOM 1. UPDATE - Storm Water Ordinance (30 min) 2. ANNUAL REVIEW - Gang Loitering Free Areas (10 min) 3. UPDATE - Utilities Master Plan - Communications (40 min) 4. UPDATE - Vote By Mail for Municipal Primary and General Elections (15 min) 5:00 P.M. STUDY SESSION - PUBLIC SAFETY TRAINING ROOM PREVIEW UPCOMING AGENDA ITEMS 5. Staff will present to the City Council a preview of upcoming agenda items. AGENDA REVIEW 6. The City Council will review the items on the agenda. CITY COUNCIL - NEW BUSINESS 7. 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 8. MINUTES of City Council Meeting - June 9, 2015 MAYOR'S REPORT/ITEMS REFERRED BY COUNCIL 9. UPCOMING EVENTS 10. APPOINTMENTS TO BOARDS AND COMMISSIONS 11. RECOGNITION OF NEW NEIGHBORHOODS IN ACTION OFFICERS 12. MAYOR PRO TEM - July 1 through December 31, 2015 13. REPORT - Colonial Heritage Festival & Cries of Freedom 14. PROCLAMATION - Colonel Gail Halvorsen Day 15. PROCLAMATION - Local First Utah's Independents Week CITY MANAGER'S APPOINTMENTS 16. APPOINTMENTS TO BOARDS AND COMMISSIONS PERSONAL APPEARANCES - 15 MINUTES 17. Time has been set aside for the public to express their ideas, concerns, and comments on items not on the Agenda. Those wishing to speak should have signed in before the beginning of the meeting. (Please limit your comments to 3 minutes or less.) CONSENT ITEMS 18. MOTION - Cancel the July 14, 2015 City Council Meeting SCHEDULED ITEMS 6:15 P.M. PUBLIC HEARING - General Plan and Rezone - Orem Assisted Living 19. RESOLUTION - Amending the General Plan by changing the land use designation from Low Density Residential (LDR) to Community Commercial (CC) on approximately 0.93 acres located generally at 1890 North 800 West. ORDINANCE - Amending Article 22-5-3(A) of the Orem City Code and the zoning map of Orem City by changing the zone from R8-ASH to C2 on approximately 0.93 acres located generally at 1890 North 800 West. REQUEST: The applicant requests the City Council amend the General Plan by changing the land use designation from Low Density Residential (LDR) to Community Commercial (CC) and amend Article 22-5-3(A) of the Orem City Code and the zoning map of Orem City by changing the zone from R8-ASH to C2 on approximately 0.93 acres located generally at 1890 North 800 West. PRESENTER: Jason Bench POTENTIALLY AFFECTED AREA: Aspen Neighborhood 3 BACKGROUND: The applicant is in the process of purchasing property located at approximately 1890 North 800 West which is located directly south of the IHC Instacare building. The applicant would like to construct a new assisted living facility on the property with 100 living units. Part of the applicant's property is already zoned C2, but approximately 0.93 acres is zoned R8. The applicant proposes to rezone this part of the property to C2 in order to match the zoning on the remainder of the property and to allow all of the property to be used for the development of the assisted living facility. The proposed rezone would also allow the applicant to provide a full access to the property from 800 West which was requested by the City Engineer. In 2008 the Planning Commission approved an assisted living facility and commercial building on the property, but the project was never developed. Other applications have been proposed on the property including Northtown Village (similar to Midtown Village) in 2005, and a high density housing project for which a rezone request was denied in 2012. The property is currently vacant. Based on the findings of a traffic study, the applicant is proposing three (3) accesses to the property including two (2) accesses onto State Street. A full access to 800 West to the west of the proposed building and an emergency (gated) access onto 760 West are also proposed. By providing these accesses, the traffic needs of the proposed assisted living facility as well as two commercial pads to the east of the assisted living facility will be satisfied. A sidewalk will also be provided from 800 West to the proposed assisted living facility. The current General Plan designation for the 0.93 acres is Low Density Residential and the applicant requests that this be changed to Community Commercial. A neighborhood meeting for the proposed rezone was held on May 8, 2015. Five (5) neighbors were in attendance. The concerns regarding the project dealt with access, building height, number of units, fencing, traffic and setbacks from the residential neighborhood. Residents in attendance were satisfied with the access on 800 West from the proposed project. The Planning Commission recommended approval of the subject application and recommended that the normal masonry fence requirement between commercial development and residential zones be eliminated along the access to 800 West to avoid any problems with clear vision. After reviewing the proposed rezone and General Plan amendment, staff has listed the following advantages and disadvantages regarding the proposal. Advantages of the proposal: Would promote the development of a long-standing vacant property along State Street; Would increase assisted living facility units available to Orem residents; Would provide an additional vehicular and pedestrian access to 800 West. Disadvantages of the proposal: 4 The proposed project will increase commercial access and traffic onto 800 West. RECOMMENDATION: The Planning Commission recommends the City Council amend, by resolution, the General Plan by changing the land use designation from Low Density Residential (LDR) to Community Commercial (CC), and amend, by ordinance, Article 22- 5-3(A) of the Orem City Code and the zoning map of Orem City by changing the zone from R8-ASH to C2 on approximately 0.93 acres located generally at 1890 North 800 West. 6:15 P.M. PUBLIC HEARING - PD-44 Zone 20. ORDINANCE - Amending Section 22-5-1 and enacting Section 22-11-57 of the Orem City Code to create the PD-44 zone. ORDINANCE - Amending Section 22-5-3(A) and the zoning map of the City by rezoning property located generally at 1450 East 1060 North from the R12 zone to the PD-44 zone. REQUEST: The applicant requests the City Council amend Section 22-5-1 and enact Section 22-11-57 of the Orem City Code (PD-44 zone), and amend Section 22-5-3(A) and the zoning map of the City by rezoning property located generally at 1450 East 1060 North from the R12 zone to the PD-44 zone. PRESENTER: Jason Bench POTENTIALLY AFFECTED AREA: Canyon View Neighborhood BACKGROUND: The applicant owns a home at approximately 1450 East 1060 North which is located in the Cove Estates subdivision. The applicant's lot is 1.32 acres (57,500 square feet) in size and the applicant would like to construct an enclosed tennis court on the property that would have a footprint of approximately 10,150 square feet. The applicant is unable to construct the desired tennis court on his property because City ordinances limit the size of accessory structures in the R12 zone (and other residential zones) to no more than eight percent of the area of a lot. Based on the square footage of the applicant's lot (57,500 square feet) the maximum footprint of an accessory structure on his property is 4,600 square feet. The applicant proposes to create a new PD-44 zone that would allow accessory structures to cover up to twenty-five (25) percent of a lot if the lot exceeds one (1) acre in size. The area that would be included in the new PD zone consists of seven (7) single family homes, only one of which (the applicant's) exceeds one (1) acre. If the PD-44 zone request is approved, the applicant would be able to build an accessory structure that covers 14,375 square feet of his lot and would allow him to build the tennis court structure that he desires. The height of accessory structures would be limited to thirty-five (35) feet and the applicant's proposed tennis court would be thirty-three (33) feet high. In Section 22-11-1 of the PD zone code it states that, 'PD zones are not intended for use in situations where a proposed development is reasonably feasible under one of the City's 5 existing zoning classifications.' While this request is unique, the overall property could still be developed in a reasonable manner under the current zoning. The current General Plan designation for this property is Low Density Residential. The request fits within the Low Density designation of the General Plan. A neighborhood meeting for the proposed rezone was held on April 23, 2015. Two neighbors were in attendance and four others called the applicant about the meeting. No issues were mentioned. After reviewing the proposed rezone and ordinance amendment, staff has listed the following advantages and disadvantages of the proposal. Advantages of the proposal: Would allow the applicant to construct the tennis court structure that he desires Limits large accessory structures to lots greater than one (1) acre. Disadvantages of the proposal: PD zones are not intended to be used to make small adjustments to current residential zones. RECOMMENDATION: The Planning Commission recommends the City Council amend Section 22-5-1 and enact, by ordinance, Section 22-11-57, PD-44 zone, and amend, by ordinance, Article 22-5-3(A) and the zoning map of Orem City by zoning property located generally at 1450 East 1060 North from the R12 zone to the PD-44 zone. 6:25 P.M. PUBLIC HEARING - PD-8 Zone Interior Setbacks 21. ORDINANCE - Amending Section 22-11-20(K)(7) of the Orem City Code pertaining to the setback requirements in the PD-8 zone at 800 North Palisade Drive. REQUEST: The applicant requests the City Council amend Section 22-11-20(K)(7) of the Orem City Code pertaining to the setback requirements in the PD-8 zone at 800 North Palisade Drive. PRESENTER: Jason Bench POTENTIALLY AFFECTED AREA: Orchard Neighborhood BACKGROUND: The applicant owns the Cirque Lodge property at the corner of 800 North Palisade Drive which is zoned PD-8. The applicant would like to subdivide the property into two lots and then construct a new building on the newly created lot. The PD- 8 zone currently requires buildings to be set back a distance of twenty-five feet (25') or the height of the building, whichever is greater. In order to make the layout of the applicant's proposed new building work as desired, the applicant requests that the PD-8 zone be modified to eliminate the setback requirement for interior lot lines while leaving the setback requirement the same for all exterior property lines. The proposed amendment would give the applicant additional flexibility in 6 constructing a new building while maintaining the setback protections for properties that are not a part of the PD-8 zone. Advantages of the proposal: Would allow the applicant's property to be developed as desired Affects only interior lot setbacks Would not affect the setbacks from property adjacent to the PD-8 zone Disadvantages of the proposal: None identified RECOMMENDATION: The Planning Commission recommends the City Council amend, by ordinance, Article 22-11-20(K)(7) pertaining to the setback requirements in the PD-8 zone at 800 North Palisade Drive as shown below: 22-11-20(K)(7) 7. Setbacks. No structure shall be located closer than forty feet to any dedicated street. The setback distance from any structure and an exterior property line (a property line shared with property outside the PD-8 zone) other than a line of a dedicated street shall be the same as the height of the structure, but shall not be less than twenty-five feet . No setback is required from any interior property line in the PD-8 zone. 6:30 P.M. PUBLIC HEARING - 2014-2015 4th Quarter Budget Amendments 22. ORDINANCE - Amending the Current Fiscal Year 2014-2015 Budget REQUEST: The City Manager recommends the City Council hold a public hearing to discuss amending the current Fiscal Year 2014-2015 Budget and, by ordinance, amend Fiscal Year 2014-2015 Budget PRESENTER: Richard Manning and Brandon Nelson POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: The Fiscal Year 2014-2015 City of Orem budget has many adjustments that occur throughout the fiscal year. These adjustments include grants and/or donations received from Federal, State, and other governmental or private entities/organizations; acceptance of the new Palisade park and thus, recording it is an asset in the cities accounting records; adding Northgate SID revenues for additional funds received in order to pay associated expenses; and various other smaller technical corrections or minor budget adjustments that need to be made. 23. RESOLUTION - Fence Modification - Stone Five Studios REQUEST: The applicant requests the City Council approve a fence modification for Stone Five Studios at 1510 East 840 North in the C1 zone. PRESENTER: Jason Bench 7 POTENTIALLY AFFECTED AREA: Canyon View Neighborhood BACKGROUND: The site plan for Stone Five Studios at 1510 East 840 North was approved in February of 2013 and the building has now been completed. The original site plan showed a seven foot masonry fence where the Stone Five Studios property adjoins five residential properties as required by City ordinances. The masonry fence requirement is intended to buffer adjoining residential uses from the noise, light, traffic and other impacts that are typically associated with commercial uses. The ground between the Stone Five Studios property and the adjacent residential properties slopes upward significantly so that the adjoining residential properties are significantly higher than the Stone Five Studios building. The grade differential itself acts as a buffer between the commercial property and the residential neighbors. Because of the existing natural buffer, the applicant requests that the City Council modify the fence requirement for its site. The applicant proposes to build a six foot cedar slat fence along its western property line which will replace an existing dilapidated fence. The applicant requests that the fence requirement be waived entirely as to the two residential properties to the north as these two property owners have recently constructed their own fences which they wish to leave in place. The applicant's proposed fence will match the cedar fence that was recently constructed by the owner of the residential lot directly to the east. Pursuant to Section 22-14-19(F) of the City Code, the City Council may modify the fence requirement if it finds that: 1. The proposed fence provides an adequate buffer for the adjoining residential zone. 2. The appearance of the fence will not detract from uses in the residential zone. 3. The proposed fence will shield the residential use from noise, storage, traffic, or any other characteristic of commercial or professional office uses that are incompatible with residential uses All five of the adjoining residential property owners have indicated in writing that they support the proposed modification and their letters are included with this agenda summary. Staff has reviewed the proposed fence modification and believes the request meets all of the requirements listed above. Advantages of the proposal: All of the adjacent residential property owners have agreed to the applicant's proposal. The proposed fence will provide an adequate buffer for the adjacent residential properties and will not conflict with the fences already constructed by two of the adjoining residential neighbors. Disadvantages of the proposal: None identified 8 24. RESOLUTION - Authorizing the 2015 Municipal Primary and General Elections to be Administered Through Vote By Mail and One Election Day Voting Center REQUEST: City Administration recommends that the City Council, by resolution, authorize the 2015 Municipal Primary and General Elections to be administered through vote by mail with one designated Election Day voting center which will be located at the Orem City Center, 56 North State Street, Orem, Utah. PRESENTER: Brenn Bybee and Donna Weaver POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: Voter participation is an essential component of the City's representative form of government. In recent years, the use of absentee ballots in the City's primary and general elections has significantly increased. In the 2013 Municipal and General Elections, over 1,700 absentee ballots were cast. This was a substantial increase from past election years where the number of absentee ballots cast was approximately 150. Utah Code 20A-3-302 authorizes the City to conduct municipal primary and general elections entirely by absentee ballot. Other municipalities that have adopted the vote by mail election format have seen significant increases in voter turnout. In 2013, nineteen Utah cities used vote by mail and all reported an increase in voter turnout. West Jordan City, which is comparable in size and population density to the City of Orem, saw a 150% increase in voter participation with the implementation of vote by mail. Utah Code also permits the City to provide an Election Day Voting Center for its residents. The opening of one Election Day Voting Center at the City Center, 56 North State Street, Orem, Utah will provide City residents further opportunity to participate in the election process. The Election Day Voting Center shall comply with the requirements of the Utah Code and will remain open from 7:00 a.m. to 8:00 p.m. on election days. At the June 9, 2015 City Council Meeting Work Session, the City Council expressed interested in conducting vote by mail elections. The proposed resolution implements vote by mail for the 2015 Municipal Primary and General Elections. Advantages of Implementing Vote by Mail: Vote by mail will provide City residents with ballots and voting information approximately 30 days before the elections giving residents ample time to review, consider and cast ballots. Additionally, implementation of vote by mail is expected to significantly increase voter turnout. Disadvantages of Implementing Vote by Mail: Administering the 2015 Municipal Primary and General Elections using vote by mail will result in an increase in the overall cost of administering the elections. Over time, however, election costs will be reduced through the elimination of voting locations and staffing costs. COMMUNICATION ITEMS 25. Monthly Financial Summary - May 2015 9 CITY MANAGER INFORMATION ITEMS 26. 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. ADJOURN TO CLOSED-DOOR MEETING - Room 107 for City Manager Evaluation Discussion of the character, professional competence, or physical or mental health of an individual (Pursuant to Section 52-4-205 (1)(a) of the Utah State Code Annotated).

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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 801-229-7074)

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Meeting Information

Meeting Location

56 North State
Orem, 84057
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Notice Posting Details

Notice Posted On

May 19, 2015 10:58 AM

Notice Last Edited On

June 19, 2015 04:19 PM

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