General Information

Government Type

Municipality

Entity

Orem

Public Body

City Council

Notice Information

Add Notice to Calendar

Notice Title

November 15, 2016

Notice Tags

Zoning, Other

Notice Type(s)

Notice, Meeting, Hearing

Event Start Date & Time

November 15, 2016 06:00 PM

Event End Date & Time

November 15, 2016 09:00 PM

Description/Agenda

Items for this meeting--attached below--include: * Public Hearing Notice(s) * Minutes * Items Distributed Electronically CITY OF OREM CITY COUNCIL MEETING 56 North State Street, Orem, Utah November 15, 2016 This meeting may be held electronically to allow a Councilmember to participate. 12:00 P.M. TOUR - CITY CENTERS 5:00 P.M. STUDY SESSION - PUBLIC SAFETY TRAINING ROOM PREVIEW UPCOMING AGENDA ITEMS 1. Staff will present to the City Council a preview of upcoming agenda items. AGENDA REVIEW 2. The City Council will review the items on the agenda. CITY COUNCIL - NEW BUSINESS 3. 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 4. MINUTES of City Council Meeting - October 25, 2016 MAYOR'S REPORT/ITEMS REFERRED BY COUNCIL 5. UPCOMING EVENTS 6. APPOINTMENTS TO BOARDS AND COMMISSIONS 7. PROCLAMATION - Kindness Week 8. REPORT - Metropolitan Water Board 9. REPORT - Arts Council PERSONAL APPEARANCES - 15 MINUTES 10. 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 11. There are no Consent Items. SCHEDULED ITEMS 6:00 P.M. PUBLIC HEARING - Sober Living Homes 12. ORDINANCE - Amending Section 22-6-9(D)(3) of the Orem City Code to increase the permitted number of residents in a sober living home (SLU 1263) from six to eight REQUEST: Development Services request the City amend Section 22-6-9(D)(3) of the Orem City Code to increase the permitted number of residents in a sober living home (SLU 1263) from six to eight. PRESENTER: Steve Earl POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: The sober living home ordinance was approved by the City Council on April, 8, 2008. A sober living home is a residential dwelling that is occupied by individuals recovering from addiction to alcohol and/or drugs. Because recovering drug and alcohol addicts are considered disabled under the Federal Fair Housing Act (FHA) as long as they are not currently using, sober living homes must be allowed in all residential zones. Typically, occupants of a sober living home have completed some kind of treatment or rehabilitation prior to moving into the home. The sober living home is designed to provide an environment of support to the recovering addict to assist him/her in remaining sober. Many, if not most of the residents are employed. The City recently received a request for a reasonable accommodation from one of the sober living home operators in the City. The request was for an accommodation to allow eight residents in the two homes maintained by the operator instead of the six residents currently allowed by the ordinance. The FHA requires a city to grant a reasonable accommodation if the request is necessary in order to allow a home for disabled individuals to be either therapeutically effective or financially viable. Instead of going through an analysis of whether allowing eight residents in these two particular homes was necessary for the homes to be therapeutically effective or financially viable, Staff thought it would be reasonable to consider whether the ordinance should be amended to allow eight residents in all sober living homes. Since 2008, several sober living home operators have indicated that their homes are more therapeutically effective with eight residents as opposed to six. Sober living home operators indicate that there is a greater level of accountability when there are more residents to keep an eye on each other, there is a greater possibility of forging supportive relationships among residents, and having more people with whom experiences may be shared leads to a more effective sober living environment. This is not to say that sober living homes cannot be therapeutically effective with six residents, but simply that most operators claim to see some therapeutic benefit with eight residents as opposed to six. Having eight residents instead of six would also obviously provide some financial benefit to sober living home operators. However, there may also be benefits to the residents as well. Increasing the number of residents may allow an operator to charge a lower rent for each resident thereby making a sober living environment more affordable for those who need it. It may also allow an operator to improve the level of staffing, supervision and care provided to the residents. Allowing eight residents in sober living homes would also make the allowed number of residents the same as is currently allowed in other group homes in the City. SLU 1261 (Residential Facility for Disabled Persons), SLU 1281 (Assisted Living for Elderly Persons), SLU 1285 (Residential Facility for Elderly Persons) and SLU 1262 (Youth Transitional Home) all permit a maximum of eight residents in a residential zone. The proposed change is as follows: 22-6-9(D) (3) The home shall be occupied by no more than six eight (8) individuals who meet the criteria set forth below and paid, professional staff members. Occupancy by any staff member shall only be allowed if such occupancy is primarily for the purpose of serving the residents and not primarily a benefit of employment to the staff member. RECOMMENDATION: The Planning Commission recommends the City Council amend Section 22-6-9(D)(3) of the Orem City Code to increase the permitted number of sober living home (SLU 1263) residents from six to eight. Staff supports the recommendation of the Planning Commission. 6:00 P.M. PUBLIC HEARING - CONTINUED ITEM - PD-4 Davies Office Building 13. ORDINANCE - Amending the Orem General Plan land use map by changing the designation from Medium Density Residential to Community Commercial; amending Section 22-5-3(A) and the zoning map of the Orem City Code by rezoning property from the R8 zone to the PD-4 zone at 1000 East 800 North; amending Section 22-19-1(A) and the Appendix of the Orem City Code by enacting Appendix 'RR', PD-4 zone; and amending Section 22-11-16 of the Orem City Code pertaining to development standards of the PD-4 zone REQUEST: Danny Mason requests the City Council amend the Orem General Plan land use map by changing the designation from Medium Density Residential to Community Commercial; amend Section 22-5-3(A) and the zoning map of the Orem City Code by rezoning property from the R8 zone to the PD-4 zone at 1000 East 800 North; amend Section 22-19-1(A) and the Appendix of the Orem City Code by enacting Appendix 'RR', PD-4 zone; and amend Section 22-11-16 of the Orem City Code pertaining to development standards of the PD-4 zone. PRESENTER: Jason Bench POTENTIALLY AFFECTED AREA: Orchard Neighborhood BACKGROUND: The owners of property at approximately 1000 East 800 North would like to develop a commercial office project on the subject property. This property is ideally suited for commercial development as it fronts on 800 North. The proposed project consists of two office buildings. The property is currently identified in the General Plan as Medium Density Residential and is zoned R8. The first request is to change the General Plan designation to Community Commercial and to rezone the property to the PD-4 zone. The PD-4 zone currently exists on the property directly to the west which is known as the Orchard Shopping Center. The second request is to amend the Appendix to the City Code by enacting Appendix 'RR' which will include the concept plan for the PD-4 zone and which divides the PD-4 zone into an Area 'A' and an Area 'B.' This distinction is needed as the proposed text amendments will limit the types of uses in Area 'B'. The concept plan and building elevations of Area 'B' will also be included in the appendix. All new development must substantially conform to the concept plan contained in Appendix 'RR'. The last request is to amend Section 22-11-16 pertaining to development standards in the PD-4 zone as detailed below. The first text change is to specify that only office uses (SLU 6530) are permitted in Area B. All retail services in the PD-4 zone will be located in Area A. The possibility of new retail development in the proposed Area A is minimal as the remaining square footage is needed to park the existing uses. However, redevelopment could occur if existing buildings or structures were removed. The second proposed text change is to reduce the required setback from a street or residentially zoned property from 40 feet to 30 feet. The existing Harmon's building is approximately 60 feet from the residential property to the south while the proposed new office buildings will be set back approximately 70 feet from the nearest residential property. The change in the setback would allow the new office buildings to be closer to 1000 East and to 800 North. The third proposed change is to increase the maximum area of the PD-4 zone from nine acres to twelve acres to allow for the addition of the subject property to the PD-4 zone. The fourth proposed change concerns the orientation of buildings. The PD-4 zone currently states that no building shall face south. At the time the PD-4 was originally approved, there was concern about having main entrances to a building face south toward the then-existing residential zones. The applicant would like to have the new office buildings face south and therefore proposes to amend the text to require that only retail buildings may not face south. That final change would add 1000 East as an access point to the PD-4 zone. A neighborhood meeting was held on June 9, 2016, with several neighbors in attendance. Overall response from those at the meeting appears to be positive. Minutes of the meeting are attached. Staff and the developer have negotiated a development agreement to address certain issues such as access to the project and the relocation of certain power poles. At the time this agenda summary was prepared, the development agreement had not yet been fully executed by the owners, but Staff and the developer are hopeful that this will be done prior to the City Council meeting. In addition, an agreement between the Orchard Shopping Center and the property owner regarding reciprocal access between the two projects should be finalized prior to City Council consideration. In the event that either the development agreement or the access agreement have not been finalized before the City Council meeting, Staff recommend that this item be continued until a future City Council meeting. Transportation Issues: A proposed rezone of the subject property in 2014 included a 32,000 square foot shopping center and a 6,000 square foot fast food restaurant with a drive-through. The total trip generation estimation for this previous rezone proposal was 3,682 trips per day. The current proposed office use has an estimated trip generation of 1,447 trips per day. Multiple access points will be available to the property including 800 East, 800 North and a proposed access at 1000 East. The existing Harmons access to 800 North will be widened to 40 feet in width. A joint access easement has been negotiated between the owners of the Harmons property and the subject property which will allow the office building users to access the improved access onto 800 North as well as the access to 800 East through the Harmons property. This joint access easement will also allow residents in the 1000 East area to access the Harmons property without having to travel onto 800 North or maneuver circuitously through adjoining neighborhoods. The 2015 Transportation Master Plan indicates that the intersection at 800 North 1000 East will need a traffic signal sometime in the future (with or without the proposed rezone). The development agreement between the City and the developer requires the developer to widen 1000 East along a portion of the frontage of the subject property near the intersection with 800 North so that a two-lane approach to 800 North can be accommodated. One lane will accommodate left turns onto 800 North and the other will accommodate right turns. This widening will not only accommodate additional traffic created by the office use, but will also improve traffic circulation for existing local traffic. RECOMMENDATION: The Planning Commission recommends the City Council amend the Orem General Plan land use map by changing the designation from Medium Density Residential to Community Commercial at 1000 East 800 North; amend Section 22-5-3(A) and the zoning map of the Orem City Code by rezoning property from the R8 zone to the PD-4 zone at 1000 East 800 North; amend Section 22-19-1(A) and the Appendix of the Orem City Code by enacting Appendix 'RR'; and amend Section 22-11-16 of the Orem City Code pertaining to development standards of the PD-4 zone. Staffs supports the recommendation of the Planning Commission. The proposed amendments are as follows: 22-11-16. PD-4 at 800 North 800 East B. Permitted Uses. The following shall be permitted uses within Area A of the PD-4 zone: Standard Land Use Code Category 5330 Limited Price Variety Store 5394 Musical Instruments 5410 Groceries and/or food - retail 5440 Candy & other confectionary products 5600 Clothing, Apparel, & Accessories 5710 Furniture & home furnishings 5730 Music Supplies 5810 Restaurants 5931 Antiques 5932 Gold & Silver 5941 Books 5943 Office Supplies 5945 Newspapers / Magazines 5946 Cameras & Photographic Supplies 5949 Video rentals 5951 Sporting Goods 5952 Bicycles 5970 Computer Goods & Services 5996 Optical Goods 6120 Security and commodity brokers, dealers, and exchanges 6150 Real estate agent, broker, and associated services 6231 Beauty and barber Shops 6233 Massage Therapy 6251 Apparel repair, alterations, laundry/dry cleaning services (pick up only) 6291 Catering Services 6320 Consumer and mercantile credit reporting services; adjustment and collection services 6330 Travel arranging service 6331 Private Postal Services 6332 Blueprinting and photocopying 6334 Stenographic services and other duplicating & mailing, NEC* 6342 Locksmithing 6350 News syndicate 6392 Business and management consulting services 6510 All medical and other professional services 6514 Chiropractors & Osteopaths 6591 Engineering and architectural 6599 Interior design 7425 Gymnasiums &Athletic Clubs 7426 Health spas The following shall be permitted uses within Area B of the PD-4 zone: 6530 Professional office E. Site Development Standards. 1. Building Setback. The building setback from any dedicated street right-of-way or adjacent residential property line shall be forty thirty feet (430') except however, a portion of an irregular-shaped building may encroach into the setback area provided the following criteria are met: a. The square footage of the portion of the building that encroaches into the setback area shall not exceed the total square footage of the area that is located between the forty foot setback line and those portions of the building that are set back more than forty feet from the street. b. In no case shall any building or portion thereof be closer than thirty feet (30') to any dedicated street right-of-way or residential. . . . 2. Maximum Area. The maximum area of the development site shall be nine twelve (912) acres. . . . 5. Building Orientation. No building containing a retail use shall face south. For buildings containing a retail use, tThe only building accesses permitted toward the north and south residential zones shall be emergency accesses only as required by the Uniform Building and Fire Codes. . . . 15. Vehicular Accesses. Vehicular accesses to the site shall be from 800 North Street, and 800 East Street, and 1000 East Street. Deceleration lanes shall be provided at all entrances to the site from dedicated streets. No vehicular or pedestrian access is permitted from 700 North Street. . . . 24. Development in Area B. All development in Area B shall substantially conform to the concept plan contained in Exhibit 'RR'. COMMUNICATION ITEMS 14. There are no Communication Items. CITY MANAGER INFORMATION ITEMS 15. 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

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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

November 03, 2016 10:42 AM

Notice Last Edited On

January 17, 2017 11:46 AM

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