General Information

Government Type

Municipality

Entity

Orem

Public Body

City Council

Notice Information

Add Notice to Calendar

Notice Title

Orem City Council

Notice Tags

Zoning

Notice Type(s)

Event Start Date & Time

October 14, 2008 05:00 PM

Event End Date & Time

October 14, 2008 11:45 PM

Description/Agenda

CITY OF OREM CITY COUNCIL MEETING 56 North State Street, Orem, Utah October 14, 2008 5:00 P.M. STUDY SESSION – MULTIPURPOSE 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 Joint Orem/Provo City Council Meeting – September 18, 2008 4. MINUTES of City Council Meeting – September 23, 2008 5. MINUTES of the Special City Council Meeting – September 30, 2008 6. MINUTES of Joint City Council/Alpine School District Meeting – October 9, 2008 MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL 7. UPCOMING EVENTS 8. UPCOMING AGENDA ITEMS 9. APPOINTMENTS TO BOARDS AND COMMISSIONS Orem Arts Council – 1 vacancy 10. RECOGNITION OF NEW NEIGHBORHOODS IN ACTION OFFICERS 11. OATH OF OFFICE – Orem Youth Council CITY MANAGER’S APPOINTMENTS 12. APPOINTMENTS TO BOARDS AND COMMISSIONS Planning Commission – 1 vacancy PERSONAL APPEARANCES 13. 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.) CONSENT ITEMS 14. There are no consent items. SCHEDULED ITEMS 6:15 P.M. PUBLIC HEARING 15. ORDINANCE – Amending Appendix “A” of the Orem City Code to Allow Ski and Snowboard Rental when done in conjunction with a Golf Course REQUEST: The applicant requests the City Council, by ordinance, approve a request to amend Appendix “A” of the Orem City Code to allow ski, snowboard, and snowshoe rental in conjunction with a golf course. POTENTIALLY AFFECTED AREAS: Orchard North and Sunset Heights Neighborhoods BACKGROUND: The operators of Cascade Golf Center request an ordinance change to allow ski, snowboard, and snowshoe rental as an accessory use to the golf course. This change would impact the two golf courses in the city. This request is to add SLU 7412 to Appendix “A.” Cascade is ideally suited for this amendment, as its location along 800 North provides easy access to Sundance and Park City area resorts. Cascade and Sleepy Ridge would benefit from this proposal, as the layout of each golf course provides an ideal location for cross country skiing. Advantages: • Increases business during the slower winter months at the golf course • Increases recreational opportunities at the golf course by permitting cross country skiing if the owners choose to do so • Provides a convenient location for ski rental • Low impact use Disadvantages: • None identified The proposed change is listed below: SLU R5 R6 R6.5 R7.5 R8 R12 R20 OS5/ROS PO CI C2 C3 HS M1 M2 CM BP 7412 Ski, snowboard and snowshoe rental as an accessory use to a golf course N N N N N P N P N N N N N N N N N 6:15 P.M. PUBLIC HEARING – Chatwin Retreat PRD 16. ORDINANCE – Amending Section 22-5-3(A) of the Orem City Code and the Zoning Map of the City of Orem, Utah, by Rezoning Property Located Generally at 1140 North 800 East from R8 to PRD REQUEST: Washburn and Associates request 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 2.31acres from R8 to PRD for property located generally at 1140 North 800 East. POTENTIALLY AFFECTED AREA: Orchard North Neighborhood BACKGROUND: The applicant represents a developer who wishes to construct a twin-home development. The property is 1.84 acres (2.31 with the street). It is currently zoned R8, which does not permit twin-homes. The property in this request is already subdivided into nine single-family lots. Before the single-family lots were approved, a previous request to rezone the property to the PRD zone was denied by the City Council on October 25, 2005. A new applicant has applied to rezone the property to the PRD zone with six twin-home units (twelve total units) and one single-family unit. The proposed units are single-story, and each attached unit will have a buildable footprint area of 2,058 square feet. The larger single-family unit will have a buildable footprint area of 4,116 square feet. A neighborhood meeting was held on June 21, 2008, with positive reception from the neighbors. The Planning Commission recommends approval of this request. Advantages include: • Attached housing can be a less expensive alternative to single-family detached structures • Provides a master-planned development with common landscaping and maintenance • Provides variety in the housing stock within the city • The Planning Commission recommends approval • Past experience has shown PRDs to be quiet neighbors and supported by the surrounding neighbors • Housing is provided for “empty-nesters” or retired persons with main floor living, which is currently a market need in the city • Maximum structure height is twenty-seven feet as opposed to thirty-five feet for current zoning Disadvantages include: • Removal of nine single-family lots PRD Development Standards: Density – The base density of the PRD zone at this location is eight units per acre. The applicant is proposing 5.6 units per acre. Height – The maximum height in the PRD zone is twenty-seven feet. The applicant proposes a single story unit, which will be under the maximum height. The adjacent zone (R8) has a maximum height of thirty-five feet. Area – The PRD zone requires a minimum of 1.5 acres, and the applicant is proposing a PRD with 2.31 acres. Fencing – A six-foot high fence is required along all exterior property lines with exception to those adjacent to a public right-of-way. The applicant will install a six-foot fence. Landscaping – Fifty percent of the net property (minus public/private roads) shall be permanently landscaped. The applicant has proposed fifty-six percent. Exterior Finishing Materials – The front elevation of the PRD dwellings shall have at least sixty percent of its exterior finishing materials of either brick, stone, cultured stone, stucco, wood, or a combination of these materials. The rear and side elevations shall have at least forty percent of their exterior finishing materials of either brick, stone, cultured stone, stucco, or wood. The proposed elevations are cultured stone and stucco. 6:30 P.M. PUBLIC HEARING – Centennial Plaza 17. ORDINANCE – (1) Enacting Section 22-11-43, PD30 Zone, and Appendix “W” of the Orem City Code; and (2) Amending Section 22-5-3(A) of the Orem City Code and the Zoning Map of the City of Orem, Utah, by Rezoning Property Located Generally at 96 West Center Street from the C2 Zone to the PD30 Zone REQUEST: The applicant requests the City Council enact Section 22-11-43 and Appendix “W” of the Orem City Code and rezone property located generally at 96 West Center Street to the PD30 zone. POTENTIALLY AFFECTED AREA: Suncrest Neighborhood BACKGROUND: The applicant requests the City Council enact the text for the PD30 zone that will allow commercial uses on the ground level and residential uses on the four floors above the ground level. The requirements outlined in the proposed PD30 zone text include: • Development in the PD30 zone shall be developed in substantial conformance with Appendix “W” • A maximum density of thirty dwelling units per acre • A maximum height of sixty feet, not including parapets, architectural features, or roof features • Four parking stalls provided for every one thousand square feet of gross leasable floor area for commercial uses • Two parking stalls provided for each dwelling unit In addition, the applicant requests the City Council 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 the subject property from the C2 zone to the PD30 zone. The proposed site plan includes 12,250 square feet of retail space in the building located on the corner of Center Street and Orem Boulevard and 25,985 square feet of office space on the first floor and eighty-four residential units on the upper four floors in the building fronting Orem Boulevard. A total of 271 parking stalls are required for the proposed project with 271 stalls proposed. A neighborhood meeting was held on August 4, 2008, concerning the proposed rezone and ordinance amendment. No one from the neighborhood was in attendance. One resident did call the applicant prior to the neighborhood meeting. Section 22-11-2(4)(b) of the Orem City Code, states “the PD zone can be implemented for residential development if the proposed development is significantly different in design, layout, or characteristics from the type of residential development allowed under existing zoning classifications.” The Orem General Plan states “There is no General Plan classification for Planned Development (PD) zones since they are intended to provide locations for well-planned developments, which may deviate in certain aspects from the zoning map and zoning regulations. The PD provisions are intended to allow freedom of design in order to obtain development which will be an asset to the City. Planned Development zones should only be approved when all other zoning options do not address and solve the specific circumstances and problems of the site, or when the PD meets an articulated need of the City.” After reviewing the proposed ordinance amendment, staff has listed several advantages and disadvantages concerning the request. Advantages include: • Provides additional housing options for the city in a safe living environment • Adds less impact on the City’s infrastructure per unit as it pertains to utilities (less lines to maintain in this compact development) • Brings vitality to the State Street corridor by providing residential units to the commercial corridor and adds walkable customers for local businesses • Reduces urban sprawl by using 4.4 acres of land for the proposed eighty-four dwelling units versus twenty-one acres of land for eighty-four detached dwelling units • Adds aesthetic quality to the architecture of the area • Provides increased density in the State Street corridor for the future viability of mass transit options • Allows the residents access to City and commercial services without requiring a car Disadvantages include: • Reduces the potential land area for commercial uses; however, the main floors are commercial uses • Places residential units at an increased height next to single-family units. A commercial building could have a similar height and create similar visual issues; however, office uses are generally not occupied evenings and weekends. TRANSPORTATION A Transportation Impact Study (TIS) was completed by the applicant for the proposed concept plan. The study identified the following improvements will be necessary to avoid Level-of-Service “F” conditions (traffic failure conditions – where traffic volumes exceed roadway capacity conditions) under 2008 and projected 2030 conditions: 2008 – Recommended Traffic Mitigation Measures: • Widen Orem Boulevard to five lanes immediately north and south of Center Street. • Construct/implement dual left-turn lanes on the north leg (southbound) at the intersection of 220 West (Post Office Exit) and Center Street. • Construct/implement dual left-turn lanes on all legs at the intersection of Orem Boulevard and Center Street. 2030 – Recommended Traffic Mitigation Measures: • Widen Orem Boulevard to five lanes further north past the project area and further south past Target. • Widen Center Street to seven lanes and construct a median such that all driveways/accesses will function as right-in/right-out only on Center Street between Orem Boulevard and 220 West. • Construct/implement dual left-turn lanes on the south leg (northbound) at the intersection of 220 West and Center Street. Following are a few of the advantages and disadvantages to the proposed Centennial Plaza project in terms of transportation: Advantages include: • The proposed PD rezone may generate fewer vehicle trips than the current C2 commercial zoning might allow if the property were fully developed with all retail land uses. • The project proposes widening Orem Boulevard north of Center Street to provide a deceleration lane into Access #3 and to align the north side of the intersection with the widened south side. • The project permits Center Street widening in the future with the urban type sidewalk, landscaping, and proposed street dedication. Disadvantages include: • Based on trip reductions and senior-only housing, the vehicle trips generated by this project may be higher, ranging from 2,820 daily trips to as high as 3,499 daily trips. • The proposed building setbacks will not accommodate the future widening of Orem Boulevard to five lanes as recommended, nor for dual left-turn lanes at Center Street. On September 3, 2008, the Planning Commission recommended the City Council approve this request. The proposed PD30 zone text and Appendix “W” are outlined below: Section 22-11-43 PD30 zone, Centennial Plaza A. Purposes. The purpose of the PD30 zone is as follows: 1. To promote the beautification of properties in the vicinity of Orem Boulevard and Center Street by integrating a mix of commercial and residential uses. 2. To allow residential units to be located in commercial zones while maintaining the street-level commercial character. 3. To allow for the creation of a new housing alternative that will provide individuals with the opportunity to live in proximity to employment opportunities, retail shopping, and public transportation thereby reducing traffic generation. B. Locations. The PD30 zone may only be applied to an area located at the northwest corner of Center Street and Orem Boulevard as shown in Appendix “W.” C. Uses. 1. Commercial Use of Ground Levels. The ground level floor space of all buildings in the PD30 zone shall be used exclusively for retail and office uses that are permitted in the C2 zone and amenities for the residential units. Floor space area above the ground level may be used for any use allowed in the C2 zone and/or residential uses as provided in subsection (C)(2) below. 2. Residential Uses. Condominiums or apartments shall be permitted on the floors above the general ground level in the PD30 zone. The number of residential units allowed shall be limited to thirty (30) dwelling units per acre provided all parking requirements for the commercial and residential units are met. D. Concept Plan. The concept plan, included herein as Appendix “W” and incorporated herein by reference, designates in general terms the proportions, locations, and types of uses to be developed within the PD30 zone and shall guide site layout and development within the zone. Development on any parcel to which the PD30 zone has been applied must substantially conform to the approved concept plan. The concept plan may be amended in the same manner as an amendment to the zoning ordinance as set forth in Section 22-1-5 of the Orem City Code. E. Site Plan. All development standards and site plan requirements of Section 22-14-20 shall apply to any development in the PD30 zone. No development, construction, revisions, or additions shall take place on a site in the PD30 zone, except for demolition and preliminary site grading, until the site plan has been approved, the final plat has been recorded, the necessary bonds have been posted, all fees have been paid, and the appropriate permits have been obtained. 1. Additional Site Plan Requirements. In addition to the requirements of Section 22-14-20, the site plan shall include the following additional items: a. Details of amenities and their locations within the project; and b. A detailed preliminary grading and drainage plan including all irrigation ditches, lateral, and structures, and detention areas with calculations for volume and proposed locations. 2. Phasing. Development phases are permitted provided that all phases are in accordance with City policies and procedures including: 1) sufficient traffic circulation for the development phase to existing dedicated streets; 2) sufficient infrastructure, such as sewer and culinary water; 3) surface water detention, if applicable; and 4) appropriate amenities for that phase as specified on the site plan. 3. Completion of Improvements. All public improvements shown on an approved site plan or amended site plan shall be completed within two years of the date of approval or recording of the site plan or final plat, whichever is later. If the improvements are not completed within the time specified, the City shall have the option of taking action on the bond to complete the improvements or of voiding the approval. An applicant may request an extension of up to two years for the completion of improvements from the Director of Development Services. An extension of two years may be granted only if the applicant demonstrates good cause for not completing the improvements and demonstrates the present ability to complete the improvements. F. Development Standards. 1. Height. The following height limitations shall apply to buildings in the PD30 zone: a. No building shall exceed sixty (60) feet in height, not including parapets, architectural features, or roof features. 2. Required Setbacks. There shall be no setback requirement from property lines adjacent to public streets. All other setbacks shall be the same as those of the C2 zone. 3. Architectural Style. The PD30 zone shall incorporate a unique and aesthetically pleasing architectural and design theme as shown in Appendix “W”. The design of the PD30 zone shall incorporate diversity of detail and materials among individual buildings while maintaining a unique overall design theme for the entire development. All development, including national chain stores, restaurants, and parking structures shall follow the overall architectural style and/or theme of the development. The Planning Commission shall deny approval for any site plan that fails to conform to the architecture and design requirements of this Section 22-11-43 and Appendix “W” to ensure the aesthetic quality of the development and to ensure compliance with the purposes and requirements of this ordinance. The architectural style selected shall conform to the following general design guidelines outlined below: a. The architecture and design of all buildings shall conform to the architectural style and quality illustrated in the concept plan. b. The sides of all buildings shall demonstrate a variety in color, façade depth, relief, and rhythm and roof line height with changes occurring in some of these areas at least every sixty-six (66) linear feet. Façade depth shall change with a minimum of two (2) foot offset at least every sixty-six (66) linear feet on all sides of the buildings. All buildings shall be constructed with an acceptable mix of building materials and architectural features. c. Balconies up to six feet (6’) in depth but not less than three (3) feet are required on at least fifty percent (50%) of all residential units for the entire site. d. Windows shall be required on the sides of all commercial and residential units adjacent to a street or plaza. Window designs throughout the project shall be varied to help create a diversity of architecture. Awnings shall be incorporated into the development. e. The design and style of all development shall conform in all other respects to the general purpose and spirit of the PD30 zone f. Parking garages may not have direct access to or from Orem Boulevard or Center Street. Entrances and exits to parking garages shall also be designed so as not to be visible from Orem Boulevard or Center Street. Buildings shall not be surrounded by parking or be located in the middle of a parking lot. g. Neither flat, three-tab cut asphalt shingles nor rolled roofing shall be allowed on any roof that has a slope of four feet of rise to twelve fee of run (4/12) or greater. 4. Building Material. All buildings shall be completed on all sides with acceptable finishing materials that are consistent with the general theme of the overall development. Building materials should be durable and suitable for the design in which they are used. The following materials are acceptable: brick, stone, cultured stone, glass, stucco, synthetic stucco (EIFS only), or plaster. Wood, sheet metal, and corrugated metal may be approved for trim, soffits, fascia, mansards and similar architectural features. The Planning Commission may approve other finishing materials that are similar in appearance and durability. Vinyl siding and PVC shall not be allowed. In determining whether or not a particular finishing material is acceptable, the Planning Commission shall consider the following factors: a. The degree to which the proposed finishing materials are durable and have low maintenance characteristics; b. The degree to which the proposed finishing materials are consistent with the overall design goals; c. The location of the proposed finishing material on the building; d. The degree to which a particular finishing material may be shielded by landscaping or some other feature; and e. The visibility of the site from public streets and neighboring uses. 5. Drive Accesses. a. Design. All drive accesses within the interior of a development in the PD30 zone shall be designated private on the concept plan. Drive accesses shall be designed and built according to the concept plan. b. Width. All drive accesses shall be constructed with at least two travel lanes with each travel lane being a minimum of twelve (12) feet in width exclusive of areas available for parking. 6. Sidewalks. All sidewalks shall be at least five (5) feet in width. 7. Public Transportation. The developer of property in the PD30 zone shall install a bus shelter. The developer shall work with the Orem City Transportation Engineer and the Utah Transit Authority to determine its location. 8. Parking. a. Parking shall be provided as per the concept plan. b. Four parking stalls shall be provided for every one thousand (1000) square feet of gross leasable floor area of non-residential use. Two (2) parking stalls shall be required for each residential unit. c. The above outlined parking requirements shall be met for each phase of the development through underground, ground level, and above ground structured parking. d. Angled and parallel parking may be provided on all interior drives. 9. General Landscaping requirements. a. All land within the PD30 zone not covered by buildings, driveways, sidewalks, plazas, courtyards, structures, recreation facilities, parks, and parking areas shall be permanently landscaped with plants, shrubs, trees, grass, and similar landscaping materials and shall be maintained in accordance with good landscaping practices. All landscaping shall have a permanent, working underground sprinkling system. b. Deciduous trees at least two (2) inches in caliper measured six inches above ground level, and evergreen trees at least five (5) feet in height, are required at a ratio of one deciduous and one evergreen per every three thousand (3,000) square feet of landscaped area. Evergreen shrubs at least five (5) gallons in size are required at a ratio of one (1) per dwelling unit. 10. Lighting Plan. Each site plan shall include a lighting plan that is designed to discourage crime, enhance the safety of the residents and guests of the project, prevent glare onto adjacent properties, and enhance the appearance and design of the project. Light fixtures shall be provided at each building entry. Parking lots and structures shall be well lit. Light standards shall be placed at every sixty feet (60’) along all private streets and all pathways in the development. Streetlights shall have a decorative style and shall be dark-sky sensitive. No cobra-style light standards are allowed. Streetlights shall be installed on public streets in conformity with the standards of the City street lighting project. The general design of the light pole and head shall follow the general theme of the development. 11. Amenities. Amenities shown on the concept plan shall be incorporated into the development. 12. Storage. The development shall provide areas for the covered storage of bicycles and other large recreational items. Such items shall not be permitted to be stored on resident balconies or within common interior or exterior hallways of the development. No trash, used materials, wrecked or abandoned vehicles, or equipment shall be stored in an open area. Storage of commercial goods or materials outside of a building is prohibited. 13. RV Storage. The storage of Recreational Vehicles (RVs) shall not be permitted within the PD30 zone. 14. Solid Waste Receptacles. Solid waste receptacles which are not located within a building, excluding small decorative garbage cans, shall be enclosed on three sides with the same materials as used on the main structures within the PD30 development with the remaining side used as a gate with appropriate screening materials. 15. Storm Water Runoff Plan. All development within the PD30 zone shall have a storm water runoff plan designed to accommodate a twenty-five (25) year storm. 16. Owner’s Association. An Owners’ Association shall be formed to provide maintenance and adequate on-site security in all public and common areas of the development. 17. Soils Report. A soils report prepared by a soils engineer shall be submitted concurrent with the submittal of any site plan to identify any special engineering needs of the site. All development shall be slab on grade unless a soils engineer determines that below grade development can be developed without present or future ground water problems and the City Engineer concurs in the analysis. Ground water drains shall be required if the soils report recommends them. 18. Signage. Signage within the PD30 zone shall be as follows: a. Signage for residential portions of a building shall be limited to flags, governmental, holiday, incidental, interior, name plate, political, and real estate signs and shall comply with the provisions of Chapter 14 of the Orem City Code for such signs. b. Signage for businesses on private drives is limited to wall signs, window signs, and canopy signs, and the following shall apply: 1. Wall signs may not exceed fifteen percent (15%) of the wall area of the commercial unit to which the sign is attached. 2. Wall signs extending more than six inches (6”) from the wall and less than twenty-four inches (24”) shall not be within eight feet (8’) of the finished grade adjacent to the building at the base of the wall to which the sign is attached. Projecting signs, i.e., signs that project more than twenty-four (24”) from the wall are prohibited. 3. Canopy signs may only be placed above primary entrances to and on windows of businesses. No backlit canopy signs shall be allowed. 4. Window signs shall not exceed fifty percent (50%) of the total transparent area of the window on which they are attached. c. Except as otherwise specifically provided herein, all signage shall comply with Chapter 14 of the Orem City Code. d. One freestanding pole sign identifying the entire project shall be allowed provided that it does not encroach into any “Clear Vision Area” as defined in this chapter. No more than two pole signs shall be allowed in the PD30 zone. G. Bonds. 1. Purpose. Prior to the recording of any documents concerning any phase of an approved PD30 development, and prior to the issuance of any building permit on land included within a PD30 development, the applicant shall post a bond with the City in an amount sufficient to cover the cost of all required improvements required for that phase by the approved site plan, preliminary plat, final plat, concept plan, development agreement, the PD30 ordinance and other applicable City ordinances, including but not limited to landscaping and sprinkling systems, asphalt, curb, gutter, sidewalk, fencing, recreational facilities, piping of irrigation ditches, and any other item required as part of the approved site plan. The bond shall be a guarantee that the proper installation of all required improvements shall be completed within two (2) years of the date of approval of the site plan or recording of the final plat, whichever is later or at such time as the approving body may designate, and that the improvement shall remain free from defects for a period of one year after the City’s final acceptance of the improvements. The bonds required by this section are for the sole benefit of the City. The bonds are not for the individual benefit of any citizen or identifiable class of citizens, including the owners or purchasers of lots or units within the PD30 development. The bonds are not for the purpose of ensuring payment of contractors, subcontractors, or suppliers of labor or materials, and no contractors, subcontractors, or suppliers of labor or material shall have a cause of action against the City or the bond for providing labor or materials. 2. Type. The bond shall be an irrevocable letter of credit, escrow bond, cash bond, or combination bond in favor of the City. The requirements relating to each of these types of bonds are found in Section 17-6-6 of the Orem City Code. The City reserves the right to reject any of the bond types if it has a rational basis for doing so. The bond shall be delivered to the Department of Development Services. 3. Amount. The Development Services Director or his designee shall determine the amount of the required bond by estimating the cost of completing the required improvements. The amount of the bond shall be at least one hundred ten percent (110%) of the estimated costs of the required improvements. 4. Non waiver. This section does not waive the bonding, licensing, or permit requirements set forth in other City ordinances except that this section replaces the subdivision bond required in Section 17-6-6 Orem City Code. 5. Plat Recording. The City shall not record any final plat until the developer of the PD30 development has tendered the bond and entered into an agreement with the City in which the developer agrees to install the improvements as required by this section and agrees to indemnify and hold the City harmless from any claims, suits or judgments arising from the condition of property dedicated to the City from the time that the property is dedicated to the City to the time when the improvements on the dedicated property are finally accepted by the City (including the passage of the warrant period). 6. Completion of Improvements Extension. An applicant may request an extension of up to two (2) years for the completion of improvements from the Development Services Director. The Development Service Director may grant an extension of up to two years if the applicant demonstrates good cause for not completing the improvements and demonstrates the present ability to complete the improvements. 7. Personal Liability. If for any reason the bonds providing for the guarantee of improvements are insufficient to properly complete the improvements, the developer shall be personally liable to complete the improvements required by this section. H. Preliminary and Final Plat. The form and contents of any preliminary and/or final plat and all construction drawings shall comply with the provisions of Chapter 17 of the Orem City Code. The final plat shall also designate common areas, limited common areas, private ownership areas, cross-easements, plat restrictions, lot restrictions, and other information required by the Planning Commission or Director of Development Services. 1. An application for a final plat in the PD30 zone shall be prepared by a licensed surveyor and engineer and shall be submitted to the City, together with the required fees. 2. For any part of a development that contains condominiums, the developer shall submit three-dimensional drawings of buildings and building elevations for condominiums. The developer shall also submit a written statement by an attorney who is licensed to practice in the State of Utah. This written statement shall be the attorney’s opinion that the condominium declaration, the subdivision plat, and the other supporting documentation comply in all respects with the Utah Condominium Ownership Act (UCA Sec. 57-8-1, et seq.) and all applicable federal, state, and local laws and ordinances and that when the condominium declaration and final plat have been recorded in the office of the Utah County Recorder that the proposed project will be a validly existing and lawful condominium project in all respects. 3. In conjunction with an application for final plat approval, the applicant must submit to the City written approval of adjoining ditch or canal companies authorizing mandatory fencing or piping of ditches or canals. 4. The City Engineer shall approve the final plat provided he finds that the final plat complies with all applicable ordinances and all conditions imposed by the Planning Commission and the City Engineer. Following approval, the City Engineer shall authorize the recording of the final plat after all signatures are obtained, all approvals are given, all bonds are posted with the Development Services Department and all fees are paid. 5. A final plat must be approved and recorded for each phase of construction. I. Alternate Development Standards. All property in the PD30 zone must be developed in conformity with the concept plan and the development standards contained in Section 22-11-43. In the alternative, all of the property in the PD30 zone may be developed according to the standards of the C2 zone. However, in order to ensure congruity of development in the PD30 zone, all property in the PD30 zone must be developed entirely according to the standards and requirements of the PD30 zone or must be developed entirely according to the standards and requirements of the C2 zone. If a site plan for property in the PD30 zone has been approved according to the PD30 standards, no site plan shall be approved for the development of other property in the PD30 zone according to the C2 zone standards and vice versa. 6:45 P.M. PUBLIC HEARING 18. ORDINANCE – Street Vacation - 1140 North Street (Westwind Circle) from 800 East to approximately 865 East REQUEST: The Development Services Director requests the City Council, by ordinance, vacate 1140 North Street (Westwind Circle) from 800 East to approximately 865 East. POTENTIALLY AFFECTED AREA: Orchard North BACKGROUND: Westwind Circle is a public street which was dedicated with the Westwind Acres Subdivision, Plat “A” when it was recorded on May 8, 2006. Paul Washburn and Associates has submitted a request to amend the Zoning Map of the City of Orem, Utah, to rezone the property from R8 to PRD. As part of the request, the applicant has submitted a plan that proposes the removal of the cul-de-sac at the east end of 1140 North and replacing the cul-de-sac with a Public Safety Department approved hammer-head. In order to do this, the street must be vacated. If the PRD is approved, the street will become a part of the development with its maintenance the responsibility of the homeowners association. If the City Council wishes to vacate 1140 North (Westwind Circle), State law requires that it must first determine (1) there is good cause for the vacation; and (2) the vacation will not be detrimental to the public interest. Additionally, the City should require that the property be developed in substantial conformity to the proposed site plan. 19. RESOLUTION - Conditional Use Permit – Burton Detached Garage Located Generally at 1343 South 1100 East REQUEST: The applicant requests the City Council, by resolution, approve the application for a conditional use permit to construct a detached garage in the PD18 zone. POTENTIALLY AFFECTED AREA: Hillcrest Neighborhood BACKGROUND: Section 22-11-30(E) of the Orem City Code requires any accessory building over 1,000 square feet or greater than twenty-four feet height to obtain a conditional use permit. The proposed garage is two stories with a total of 1,384 square feet. The Planning Commission recommends the City Council approve this request with no conditions. Accessory buildings in the PD18 zone must: • Be no higher than thirty-five feet. The proposed structure is twenty-nine feet high. • Be at least thirty feet from the street curb and five feet from the side or rear property line. The garage conforms to these minimum setbacks. • Constructed of similar material and style as the main dwelling. The structure conforms to this requirement. • The combined footprint of all accessory structures shall not exceed eight percent of the total lot area. The approved guest house and the proposed detached garage occupy seven and one-half percent of the lot. 20. RESOLUTION – Canyon Parkway – Street Name Designation for 800 North Street RECOMMENDATION: The City Engineer recommends the City Council, by resolution, change the name of 800 North Street to Canyon Parkway. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: On October 21, 1997, the Orem City Council, by resolution, adopted a name change for 800 North to Canyon Parkway 800 North. This was done at a time when Orem City had placed a development moratorium along 800 North. The City had organized a citizen’s committee to study the issue and give input to the City Council. During this time, a name change for 800 North was adopted. The City Council directed staff to determine the feasibility and cost of the changing the name. The change has not yet been implemented. The State of Utah owns 800 North Street (SR 52) from Geneva Road to Provo Canyon Highway (US 189). The State has agreed to the name change. On October 21, 2008, exactly eleven years after the Council approved the name change, the Utah Department of Transportation (UDOT) is having a ribbon cutting ceremony to celebrate the recently completed improvements on 800 North from 400 West to 1000 East. In September of this year, the 800 North Community Coordination Team was discussing a memorable way to recognize the completed work on 800 North, and changing the street name was discussed. The City Engineer took the assignment to see what could be done and discovered the City Council action from 1997. There are feasibility issues with the name of Canyon Parkway 800 North, which center on addresses and signage. The City Engineer is recommending that the name be Canyon Parkway, without the 800 North wording. On October 2, 2008, the City mailed over 2,000 letters to businesses and residences from approximately 700 North to 900 North in Orem concerning the name change. The letter informed them of the name change and asked for their input. The responses will be brought to the Council on October 14, 2008. 21. CONTINUED DISCUSSION – Advanced Automotive ORDINANCE – Amending Section 22-5-3(A) of the Orem City Code and the Zoning Map of the City of Orem, Utah, by Rezoning Property Located Generally at 1026 North 1200 West from the R8 Zone to the Highway Services Zone REQUEST: The applicant requests the City Council continue this item until October 28, 2008, to allow them time to close on the property. POTENTIALLY AFFECTED AREA: Bonneville Neighborhood COMMUNICATION ITEMS 22. BUDGET REPORT – Month Ending - August 2008 23. PERSONAL APPEARANCE RESPONSE - Christine Tobler and Mike Whitehead – Parking Problem 400 West – 400 to 700 North 24. PERSONAL APPEARANCE RESPONSE - Marcus Jessop – Traffic problem – 350 East Center Street CITY MANAGER INFORMATION ITEMS 25. 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

NA

Meeting Information

Meeting Location

56 North State
Orem , 84057
Show in Apple Maps Show in Google Maps

Notice Posting Details

Notice Posted On

October 10, 2008 01:45 PM

Notice Last Edited On

October 10, 2008 01:45 PM

Subscribe by Email

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