General Information

Government Type

Municipality

Entity

Orem

Public Body

City Council

Notice Information

Add Notice to Calendar

Notice Title

March 27, 2018

Notice Tags

Zoning, Other

Notice Type(s)

Notice, Meeting, Hearing

Event Start Date & Time

March 27, 2018 06:00 PM

Event End Date & Time

March 27, 2018 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 March 27, 2018 This meeting may be held electronically to allow a Councilmember to participate. 3:00 P.M. REGULAR SESSION - COUNCIL CHAMBERS ADJOURN TO CLOSED-DOOR MEETING - Discussion of Pending or Reasonably Imminent Litigation Pursuant to Utah Code Section 52-4-205(1)(c) 3:45 P.M. WORK SESSION - CITY COUNCIL CONFERENCE ROOM 1. REPORT - Service Line Warranties of America (15 min) Presenters: Steven Downs 2. BUDGET DISCUSSION - CIP (45 min) Presenters: Sam Kelly 3. DISCUSSION - UTOPIA (30 min) Presenters: Mayor and City Council 5:00 P.M. STUDY SESSION - CITY COUNCIL CONFERENCE ROOM PREVIEW UPCOMING AGENDA ITEMS 4. Staff will present to the City Council a preview of upcoming agenda items. AGENDA REVIEW 5. The City Council will review the items on the agenda. CITY COUNCIL - NEW BUSINESS 6. 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: Lloyd Evans PLEDGE OF ALLEGIANCE: Scout Troop 456 APPROVAL OF MINUTES 7. MINUTES of City Council Retreat - February 9-10, 2018 8. MINUTES of City Council Meeting - February 13, 2018 9. MINUTES of City Council Meeting - February 27, 2018 MAYOR'S REPORT/ITEMS REFERRED BY COUNCIL 10. UPCOMING EVENTS 11. REPORT - Sleepy Ridge Golf Course PERSONAL APPEARANCES - 15 MINUTES 12. Time has been set aside for the public to express their ideas, concerns, and comments on items not scheduled as public hearings on the Agenda. Those wishing to speak are encouraged to show respect for those who serve the city. Comments should focus on issues concerning the city. 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 13. There are no Consent Items. SCHEDULED ITEMS 14. 6:00 P.M. PUBLIC HEARING - Receive Public Comment on the Community Development Block Grant (CDBG) Projected Use of Funds for Fiscal Year 2018-2019 PRESENTER: Steven Downs RECOMMENDATION: The Deputy City Manager recommends the City Council hold the first of two public hearings to receive public comment on the projected uses of funds for the 2018-2019 Community Development Block Grant and adopt the recommendation of the CDBG Citizen Advisory Commission. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: During the past few months, the CDBG Citizen Advisory Commission heard funding proposals from various applicants who wish to receive CDBG funding. The Commission will present its recommendations to the City Council then the public hearing will be opened for comment on the proposed uses of funds. Tonight's public hearing is the first of two opportunities for public comment on the recommendations before the City Council officially adopts the Final Statement of Projected Uses of Funds for Orem's 2018-2019 Community Development Block Grant. Following a second public hearing that is scheduled for May 10, 2018, at 6:00 p.m., the City Council will adopt a resolution approving the CDBG Final Statement of Projected Uses of Funds for 2018-2019. Please see the allocation recommendations below: Public Services - limited by HUD to 15% of new entitlement funding Family Support & Treatment - $11,000 Project Read - $5,000 PERC - $2,000 Center for Women & Children in Crisis - $10,000 Community Action Services - $12,500 Mountainland Community Health - $4,500 Literacy Resources - $1,000 RAH - $8,500 Friends of the Children's Justice Center - $15,000 Friends of the Food and Care Coalition - $8,000 Ability 1st Utah - $3,000 Community Health Connect - $4,000 Kids on the Move - $5,000 People Helping People - $2,000 Rocky Mountain University of Health Professionals - $3,000 Other Habitat for Humanity - $86,000* House of Hope - $3,500 Turn Community Services - $15,000 Code Enforcement - $155,000 Infrastructure - $285,000 Administration - $120,000 Section 108 Loan Repayment - $108,994 * SUBJECT TO CHANGE BASED ON END OF YEAR BALANCE IN CURRENT HOUSING REHABILITATION FUNDING 6:00 P.M. PUBLIC HEARING - SLU Code 5591 in CM Zone 15. ORDINANCE - Amending a portion of Appendix A of the Orem City Code by changing Standard Land Use (SLU) Code 5591 (Marine Craft and Accessories) from a 'not permitted' use to a 'permitted' use in the CM Zone PRESENTER: Jason Bench REQUEST: The applicant requests the City Council, by ordinance, amend Appendix A of the Orem City Code pertaining to Standard Land Use (SLU) Code 5591 (Marine Craft and Accessories) in the CM zone by changing the use from not permitted to permitted. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: As outlined in Section 22-9-4 'The CM zone is established to provide areas where planned manufacturing parks may be developed. The zone is designed to provide for such uses on well-landscaped sites such that they can be located in proximity to residential uses.' Currently SLU Code 5111 'Automobiles, motor vehicles, & other automotive equipment' and SLU Code 5183 'Transportation equipment, other machinery equipment, & supplies' are both permitted in the CM zone, but SLU Code 5591 'Marine Craft and Accessories' is not. The applicant requests the City amend Appendix A to permit Marine Craft and Accessory sales in the CM zone as a permitted use. Staff supports the change. However, due to concern about outdoor display and storage, staff has added the additional note that outside display is not permitted outside normal business hours. The applicant has agreed to this request. RECOMMENDATION: The Planning Commission recommends the City Council, by ordinance, amend a portion of Appendix A of the Orem City Code by changing Standard Land Use Code 5591 (Marine Craft and Accessories) from a not permitted use to a permitted use in the CM zone. Staff supports the recommendation of the Planning Commission. CONTINUED ITEM - SLU Codes in M1 and M2 zones 16. ORDINANCE - Amending Appendix 'A' of the Orem City Code by changing Standard Land Use Codes 4850 (solid waste disposal) and 5193 (scrap and waste materials) from 'Permitted' to 'Not-Permitted' uses in the M1 and M2 zones PRESENTER: Jason Bench REQUEST: The Development Services Department requests the City Council amend Appendix 'A' of the Orem City Code by changing Standard Land Use Codes 4850 (solid waste disposal) and 5193 (scrap and waste materials) from 'Permitted' to 'Not-Permitted' uses in the M1 and M2 zones. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: This request was again continued from the March 13, 2018 City Council meeting to give the Council additional time to study and consider the item. Currently, solid-waste disposal (SLU 4850) is permitted in the M1 and M2 zones and scrap and waste materials (SLU 5193) is permitted in the M2 zone. Both these uses by their nature carry with them negative externalities associated with the disposal and transfer of waste. Such externalities include offensive sights and smells, noise, pollution, dust, attraction of fowls and rodents, and traffic generation of heavy vehicles. Such negative externalities have previously not posed as significant of an impact on Orem due to lack of nearby development, a lower intensity of use, or more effective efforts by facility owners to suppress negative impacts. In recent years, the City of Orem and neighboring Vineyard City have both experienced a large amount of commercial, industrial, and residential redevelopment around Geneva Road (adjacent to the industrial areas that permit waste-related uses). Furthermore, the City of Orem is in the process of conducting a Geneva Road Area Master Plan and Brownfield Study, which will identify areas around the current M1, M2, and CM zones that show potential for redevelopment. Due to the changing nature of development in this area, and due to the nuisance that existing solid-waste uses have presented for neighboring properties, Staff believes it is not in the best interest of the City and the general public to allow such uses to remain permitted in the M1 and M2 zones. Waste disposal and recycling are services that are needed in the area. However, such facilities are best located on land where there is a separation from residential, commercial and other industrial uses sufficient to protect such uses from the noise, dust, smell and other negative impacts that waste disposal and recycling uses are likely to create. With the changing nature of development in the City's M1 and M2 zones as well as the properties adjacent to those zones, and the ongoing development of land that has heretofore been vacant and might have previously supplied an adequate buffer for waste disposal and recycling uses, it is no longer reasonable or in the best interest of the City to allow waste disposal and recycling uses in the M1 and M2 zones. RECOMMENDATION: Planning Commission recommends the City Council, by ordinance, amend Appendix 'A' of the Orem City Code by changing SLU Codes 4850 (solid waste disposal) and 5193 (scrap and waste materials) from 'Permitted' to 'Not-Permitted' uses in the M1 and M2 zones. Staff supports the Planning Commission recommendation. 6:00 P.M. PUBLIC HEARING - Citywide Impact Fees Plan and Analysis 17. ORDINANCE - Adopting Impact Fee Facilities Plans and Impact Fee Analyses, establishing impact fee service areas and enacting impact fees for (1) water rights and water supply, treatment, storage, and distribution facilities; (2) wastewater collection and treatment facilities; (3) storm water, drainage and flood control facilities; (4) roadway facilities; (5) parks, recreation facilities, open space, and trails; and (6) public safety facilities; on development activity in the applicable impact fee service areas PRESENTER: Brenn Bybee REQUEST: The City's Manager's Department requests the City Council adopt Impact Fee Facilities Plans and Impact Fee Analyses, establish impact fee service areas and enact impact fees for (1) water rights and water supply, treatment, storage, and distribution facilities; (2) wastewater collection and treatment facilities; (3) storm water, drainage and flood control facilities; (4) roadway facilities; (5) parks, recreation facilities, open space, and trails; and (6) public safety facilities; on development activity in the applicable impact fee service areas. POTENTIALLY AFFECTED AREA: Citywide BACKGROUND: Although the City of Orem is largely built-out, development of new residential and commercial uses is expected to continue in coming years as remaining vacant parcels are developed and redevelopment in the City takes place. Growth, in the form of either new development or redevelopment creates additional demand on City services such as water, sewer, storm water, roads, parks, and public safety (hereinafter referred to as the 'Public Facilities'). As growth occurs, new facilities are required to maintain the existing levels of service for current residents of the City and to meet the increased demand for services created by growth. Historically, the City has relied on tax revenue and fees paid by existing residents to fund the cost of growth-related improvements. However, this is inherently unfair as it requires existing residents to bear costs that are not related to their own needs, but to the needs of new development. Utah law allows cities to require new development to pay for the cost of new infrastructure needed by that new development through the payment of impact fees. Impact fees are defined as 'a payment of money imposed upon new development activity as a condition of development approval to mitigate the impact of the new development on public infrastructure.' Utah Code Section 11-36a-102(8). Utah law allows cities to establish impact fees for the Public Facilities listed above. Before assessing impact fees, the City is required to prepare an Impact Fee Facilities Plan (IFFP) and an Impact Fee Analysis (IFA) for each public facility for which an impact fee is assessed. The City has hired Zion Public Finance, Inc., (ZPF) to prepare, with the help of specialized subcontractors such as Bowen & Collins and Horrocks Engineers, the required IFFP and IFA for each public facility. Among other things, the IFFPs and the IFAs analyze and establish the following elements with respect to each public facility: 1. How much growth is likely to occur in Orem over the next 10 years and at buildout (based on the Governor's Office of Planning and Budget). 2. How much demand this growth will create for the services provided by each public facility. 3. How much excess capacity, if any, is available in each facility to meet the demands of future growth. 4. What specific improvements will be required for each public facility to meet the demand created by future growth and to maintain the current level of service for existing residents. 5. The estimated cost of the improvements needed to meet the demand created by growth and to maintain the current level of service for existing residents. 6. A calculation of the amount that each new residential unit or commercial building should be required to pay as its fair share of the cost of the new improvements needed to meet the demands of growth. Impact fees cannot be used to correct existing deficiencies in a public facility (for example to upgrade an intersection that is currently failing) or to increase the level of service for existing users (for example, to increase the amount of water storage available for existing residents). Instead, impact fees can only be used to construct new facilities needed to meet the demand created by new growth or to reimburse the City for a proportionate share of the City's actual cost of constructing a facility that has excess capacity that can be used to serve new growth. The City previously assessed impact fees for culinary water, sewer, storm water, parks and public safety (fire) facilities in the Southwest Annexation Area ('SWAA') on August 25, 2015. The City assessed these impact fees for the Southwest Annexation Area because at that time, the area was largely undeveloped and had virtually no infrastructure related to these facilities. The City Council expressed a desire that all new development in the Southwest Annexation Area should pay its own way with respect to public facilities infrastructure so that those costs would not be borne by existing residents. Subsequent to the assessment of the Southwest Annexation Area impact fees, some circumstances have changed in that area. Culinary water main lines have been installed by a private developer and a sewer main line in the area is currently under construction. Costs for these facilities have been higher than were originally estimated and consequently some of the original impact fees were set too low to adequately cover the cost of required public facilities. The IFFPs and IFAs prepared by ZFI include an analysis and update of the impact fees that should be charged for the Southwest Annexation Area as well as for the rest of the City. Because some of the public facility infrastructure that will be installed in the SWAA will not serve the rest of the City, two separate service areas were created with respect to Water, Sewer and Storm Water--the City-wide Service Area and the Southwest Annexation Service Area. Both service areas are shown in the map below. Thus for Water, Sewer and Storm Water, development in the SWAA will pay an impact fee for facilities that are needed to serve only the SWAA as well as the City-wide fee for facilities that serve the entire City. For the other Public Facilities, there is only one service area which comprises the entire City. Some impact fees (water, sewer, fire, police, and parks) are calculated on a per ERU basis while storm water is calculated on a per-acre basis and transportation is calculated based the number of p.m. peak trips generated by a particular use. If the proposed impact fees are adopted, new developments would be required to pay the new impact fees. The impact fees would typically be collected prior to the recording of a final plat or the issuance of a building permit for new development. State law provides that no impact fees can be collected until 90 days after enactment of an impact fee ordinance. In order to impose impact fees, state law requires that the City Council (1) adopt an impact fee facilities plan, (2) adopt an impact fee analysis, (3) establish a service area, and (4) approve an impact fee enactment that establishes the amount of the impact fees. The impact fee facilities plans, impact fee analyses, service areas, and the amount of the proposed impact fees for (1) water rights and water supply, treatment, storage, and distribution facilities; (2) wastewater collection and treatment facilities; (3) storm water, drainage and flood control facilities; (4) roadway facilities; (5) parks, recreation facilities, open space, and trails; and (6) public safety facilities are all attached to the agenda packet. They are also available for viewing at orem.org/impactfeestudy. RECOMMENDATION: The City Manager's Department recommends the City Council adopt the Impact Fee Facilities Plans and Impact Fee Analyses, establish impact fee service areas and enact impact fees for (1) water rights and water supply, treatment, storage, and distribution facilities; (2) wastewater collection and treatment facilities; (3) storm water, drainage and flood control facilities; (4) roadway facilities; (5) parks, recreation facilities, open space, and trails; and (6) public safety facilities; on development activity in the applicable impact fee service areas. COMMUNICATION ITEMS 18. Monthly Financial Summary - February 2018 CITY MANAGER INFORMATION ITEMS 19. 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

March 08, 2018 09:02 AM

Notice Last Edited On

March 23, 2018 06:04 PM

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