ORDINANCE NO. O-2016-0037
AN ORDINANCE BY THE OREM CITY COUNCIL AMENDING SECTION 22-5-3(A) AND THE ZONING MAP OF THE OREM CITY CODE BY CHANGING THE ZONE AT APPROXIMATELY 380 NORTH PALISADE DRIVE FROM THE R8 ZONE TO THE R12 ZONE
WHEREAS on October 24, 2016, David McDougal and Nate Keller filed an application with the Department of Development Services requesting the City amend Section 22-5-3(A) and the zoning map of the Orem City Code by changing the zone at approximately 380 North Palisade Drive from the R8 zone to the R12 zone; and
WHEREAS a public hearing considering the subject application was held by the Planning Commission on November 16, 2016, with a recommendation of approval of the request; and
WHEREAS a public hearing considering the subject application was held by the City Council on December 13, 2016; and
WHEREAS notice of the public hearing to be held before the Planning Commission and City Council on the subject application was mailed on November 3, 2016, to all residents and property owners within 500 feet of the subject property; and
WHEREAS the agenda of the City Council meeting at which the request was heard was posted at the Orem Public Library, on the Orem City webpage, at the City Offices at 56 North State Street and at utah.gov/pmn; and
WHEREAS the matter having been submitted and the City Council having fully considered the request as it relates to the health, safety, and general welfare of the City; the orderly development of land in the City; the effect upon adjacent properties and the special conditions applicable to the request.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OREM, UTAH, as follows:
1. The City Council finds this request is in the best interest of the City because the subject property is located adjacent to other property that is zoned R12 and applying the R12 zone to the subject property will allow greater building flexibility to the applicant while not creating any negative impacts for neighbors.
2. The City Council hereby amends Section 22-5-3(A) and the zoning map of the City of Orem by changing the zone at approximately 380 North Palisade Drive from the R8 zone to the R12 zone as shown on Exhibit “A” which is attached hereto and incorporated herein by reference.
3. If any part of this ordinance shall be declared invalid, such decision shall not affect the validity of the remainder of this ordinance.
4. All other ordinances and polices in conflict herewith, either in whole or part, are hereby repealed.
5. This ordinance shall take effect immediately upon passage and publication in a newspaper of general circulation in the City.
PASSED, APPROVED and ORDERED PUBLISHED this 13th day of December 2016.
Richard F. Brunst, Jr., Mayor
ATTEST:
Donna R. Weaver, City Recorder
COUNCIL MEMBERS VOTING "AYE" COUNCIL MEMBERS VOTING "NAY"
Richard F. Brunst
Debby Lauret
Sam Lentz
Tom Macdonald
Mark Seastrand
David Spencer
Brent Sumner
EXHIBIT A
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