CITY OF OREM

CITY COUNCIL MEETING

November 26, 2002

5:00 P.M. STUDY SESSION

CONDUCTING Mayor Jerry C. Washburn

ELECTED OFFICIALS Councilmembers Les Campbell, Dean Dickerson, Douglas R. Forsyth, Karen A. McCandless, Stephen E. Sandstrom, and Shiree Thurston.

APPOINTED STAFF Jim Reams, City Manager; Paul Johnson, City Attorney; Richard Manning, Assistant City Manager; Stanford Sainsbury, Development Services Director; Chris Tschirki, Transportation Engineer; and Gina Peterson, Deputy City Recorder

CITY COUNCIL NEW BUSINESS

Mayor Washburn requested a two-day retreat be scheduled in January 2003. He also reminded the City Council about Local Officials Day at the Legislature on January 22.

Mr. Campbell asked the City Council to submit names of Veterans to be interviewed for the veterans history project.

REVIEW OF AGENDA ITEMS

The Council and staff reviewed the agenda items and adjourned at 5:55 p.m. to the City Council Chambers for the regular meeting.

6:00 P.M. REGULAR SESSION

CONDUCTING Mayor Jerry C. Washburn

ELECTED OFFICIALS Councilmembers Les Campbell, Dean Dickerson, Douglas R. Forsyth, Karen A. McCandless, Stephen E. Sandstrom, and Shiree Thurston.

APPOINTED STAFF Jim Reams, City Manager; Paul Johnson, City Attorney; Richard Manning, Assistant City Manager; Stanford Sainsbury, Development Services Director; Chris Tschirki, Transportation Engineer; and Gina Peterson, Deputy City Recorder.

PLEDGE OF ALLEGIANCE Eric Miner

INVOCATION Kennen Pyne

APPROVAL OF MINUTES

City Council Meeting of November 12, 2002

Mr. Campbell moved to postpone approval of the minutes from the November 12, 2002, meeting of the Orem City Council for further Council review. Mr. Forsyth seconded the motion. Those voting aye: Mr. Campbell, Mr. Dickerson, Mr. Forsyth, Mrs. McCandless, Mr.Sandstrom, Mrs. Thurston, and Mr. Washburn. The motion passed unanimously.

MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL

Upcoming Events

The Mayor referred the Council to the upcoming events listed in the agenda packet.

Upcoming Agenda Items

The Mayor referred the Council to the upcoming agenda items listed in the agenda packet.

Certificates Of Graduation – Community Emergency Response Team (CERT)

Seth Perrins, Management Assistant, presented certificates of graduation to the following for completing the Community Emergency Response Team (CERT) training: McKay Allred, Chris Silvia, Necia Silvia, Kennen Pyne, Shaundra Pyne, Christina Fonseca, Doug Forsyth, Nathan Harlow, and Ray Reese.

CITY MANAGER’S APPOINTMENTS

Mr. Reams requested that Bryant Christensen be appointed to serve on the Board of Building and Fire Code Appeals.

Mr. Forsyth moved to ratify the appointment of Bryant Christensen to the Board of Building and Fire Code Appeals. Mrs. McCandless seconded the motion. Those voting aye: Mr. Campbell, Mr.Dickerson, Mr. Forsyth, Mrs. McCandless, Mr. Sandstrom, Mrs. Thurston, and Mr.Washburn. The motion passed unanimously.

Mr. Reams then recommended Barry Graff be appointed to fill a vacancy on the Planning Commission.

Mr.Sandstrom moved to ratify the appointment of Barry Graff to the Planning Commission. Mr.Dickerson seconded the motion. Those voting aye: Mr. Campbell, Mr. Dickerson, Mr. Forsyth, Mrs. McCandless, Mr. Sandstrom, Mrs. Thurston, and Mr.Washburn. The motion passed unanimously.

Postponement of Public Hearings

Mr. Dickerson moved to postpone the public hearings to the normal flow of the meeting. Mrs.Thurston seconded the motion. Those voting aye: Mr. Campbell, Mr. Dickerson, Mr. Forsyth, Mrs. McCandless, Mr. Sandstrom, Mrs. Thurston, and Mr.Washburn. The motion passed unanimously.

PERSONAL APPEARANCES

Time was allotted for the public to express their ideas, concerns, and comments on items not on the agenda.

Local student Eric Miner, 666 West 350 South, addressed the City Council regarding use of the new skate park for bikes as well as skating equipment. Mr. Miner presented information from the Skatepark Association of the United States of America which endorses the use of bikes at skate parks.

Mr. Reams responded that the City’s skate park is very near completion. He indicated that Recreation Director Jerry Ortiz would follow-up on Mr. Miner’s question. Mayor Washburn thanked Mr. Miner for his well spoken comments.

CONSENT ITEMS

Mrs. McCandless moved to approve the following Consent Items. Mrs. Thurston seconded the motion. Those voting aye: Mr. Campbell, Mr. Dickerson, Mr. Forsyth, Mrs. McCandless, Mr.Sandstrom, Mrs. Thurston, and Mr.Washburn. The motion passed unanimously.

MOTION – SET PUBLIC HEARINGS

January 7, 2003

6:15 p.m.

·  Orem Annexation Policy Plan

6:30 p.m.

·  Partial Street Vacation – Commercial Street from 750North to 800 North.

SCHEDULED ITEMS

6:15 P.M. PUBLIC HEARING – Johnson Rezone

ORDINANCE – Zoning Ordinance Amendment – Section 2253(A) and the Zoning Map of the City of Orem, Utah – From R8 to R7.5 on property generally at 375 North Main Street

Mayor Washburn publicly stated for the record that he has a business relationship with the applicant not relating to this request. On advice from legal counsel, he does not feel it is necessary to recuse himself from the discussion.

Mr. Sainsbury stated the Planning Commission recommends that the City Council, by ordinance, amend Section 22-5-3(A) and the Zoning Map of the City of Orem, Utah, by changing the zone from R8 to R7.5 for property located at approximately 375 North Main Street.

The General Plan designation on this parcel is Medium Density Residential (MDR). The Plan identifies the PRD, R5T, R6, R6.5, and R7.5 as zones that implement the MDR designation.

This property is uniquely situated in the interior of the block bordered on the west by State Street, on the north by 400 North Street, the east by Main Street, and the south by 300North Street. Within this block there are 18parcels: ten, or 55.6% are commercially zoned and developed with commercial uses, and eight parcels are zoned residential. Of the residentially zoned properties one is vacant, which is the subject parcel, three are single family and four are multifamily. The subject property borders four multifamily lots, one single-family lot, and two commercial lots. Another uniqueness about the subject property is that it has no street frontage. Its only access is by a recorded right of way from Main Street across one of the multifamily parcels.

Once this property is rezoned it could be eligible for a special exception for multifamily dwellings, which requires Board of Adjustment approval. It is highly unlikely that a single family home would be built on this property, given its setting and surroundings. It is the intent of the applicant to apply for the special exception if the rezone is granted.

It was noted that access issues would have to be resolved prior to final plat approval but does not need to be taken under Council consideration for approval.

The applicant, Robert Johnson, indicated the lot is very large and has ample area for parking.

Mayor Washburn opened the public hearing.

Ms. Kay Davenport noted she owns the 16-plex adjacent to Mr. Johnson’s property. She stated the area is tremendously full of people, cars, and children. Mr. Johnson will access his property directly through an area where children play. Ms. Davenport feels the area is already over crowded. When Mayor Washburn asked what she recommended be done with the property, Ms. Davenport said she recognizes Mr. Johnson has property rights yet she is not sure what should be built. She is just concerned with safety and that the area is already crowded with parking.

Mr. Johnson stated that since his property is so large, Ms. Davenport could put one or more garbage cans on his property and perhaps an arrangement could be made for use of his additional parking.

Mayor Washburn indicated it is the City Council’s decision to consider the zone change application. The applicant would then need to work out parking details and appeal to the Board of Adjustment for certain usage of the property. Other property owners need to have their rights protected and the site plan would take that into consideration

City Attorney Paul Johnson stated that parking for this project would not affect other properties because it has to be accommodated on site.

Mr. Sandstrom said no one should have the illusion that this property will develop R-8. Parking problems at another apartment complex should not affect how an adjacent property develops.

Mrs. Thurston clarified that the property is accessed through a current deeded right-of way between the existing 16-plex and existing 4-plex.

Mayor Washburn closed the public hearing.

Mr. Sandstrom moved, by ordinance, to amend Section 22-5-3(A) and the Zoning Map of the City of Orem, by changing the zone from R8 to R7.5 for property located at approximately 375 North Main Street. Mr. Forsyth seconded the motion. Those voting aye: Mr. Campbell, Mr.Dickerson, Mr.Forsyth, Mrs. McCandless, Mr. Sandstrom, Mrs. Thurston, and Mr.Washburn. The motion passed unanimously.

6:15 P.M. PUBLIC HEARING – Westhills Rezone

ORDINANCE – Zoning Ordinance Amendment – Section 2253(A) and the Zoning Map of the City of Orem, Utah – From R8 to R5 on property at 330 South 800 West

Mr. Sainsbury indicated the Planning Commission recommends the City Council, by motion, deny the request to change the zone from R8 to R5 for property at 330South 800 West.

The property proposed for rezone has 65 feet of frontage on 800 West Street and is approximately 316 feet deep. The property also has frontage on 330South Street.

The reason for the rezone request is to allow more flexibility in the development of the property. The property may develop in the current R8 zone with a potential of three lots. Changing the zone to R5 increases the number of possible lots to four, all of which would be larger than 6,000 square feet. It also increases the depth of the building envelope for a house to 32 feet in the R5 zone from 27 feet in the R8 zone, which would make homes more compatible with existing residences.

The Planning Commission felt the applicant had not shown how the property could only be developed under the R5 zone and so was not truly an infill property. A different subdivision configuration can be used that does not necessitate the use of the R5 zone.

Mayor Washburn invited comments from the applicant Bill Fairbanks of Carter Construction.

Mr. Fairbanks noted an R5 rezone adjacent to this property was granted approximately three years ago. He stated the City Council has directed staff to prepare an ordinance prohibiting future R5 zones, yet currently the R5 zone is still in place. Previously, Mr. Fairbanks has constructed homes in the R5 zone that have turned out very successful, and now he feels as if he is being ticketed for requesting something that is legal.

Mr. Fairbanks listed the following advantages of the rezone:

·  It will dedicate and fully improve 330 South to 800 West, giving a third access to the area. While this will likely increase traffic on 330 South, it will decrease traffic in other areas.

·  Some unsightly homes and sheds will be removed and replaced with new housing stock.

·  Setbacks will allow more flexibility for a larger building envelope. A 26 foot home, as would be required in the R8 zone would be very shallow and unattractive.

·  More money can be spent on the home with four lots than three. Allowing only three lots drives up the cost of the lot and the home will suffer.

·  The minimum homes size will be 1,300 square feet.

Mr. Fairbanks stated the size of the lot does not dictate the quality or value of the whole. The balance of the subdivision will be constructed in the R8 zone and home values on the R5 lots will be approximately $170-175,000.

Mr. Forsyth noted the area of the property allows for a perfect R8 zone with three lots just over 8,000 square feet. He stated the depth of the property cannot be changed, but homes could be built longer rather than deeper. Mr. Fairbanks agreed, but stated that long, shallow homes tend to look like a trailer and would not match the surrounding area.

Mr. Sandstrom stated he does not like to maximize lots for a developer when the property can go R8 but because of the layout of this lot, he feels it may be the difference between having a nice R5 home or cheap R8 homes. He cautioned against assuming that just because a lot is smaller means it will have a cheap home. In this case, if the property were to be zoned R5, the footprint of the house would be larger than in the R8 zone.

Mayor Washburn noted that 330 South as it intersects with 800 West would be a little narrower than normal regardless of the zone. It will be a sublocal street in that area.

Mayor Washburn opened the meeting for public input.

Ms. Julie Hale expressed concern with the additional density allowed by the R5 zone. She suggested the R5 zone be allowed to get better setbacks, yet the property still be limited to three lots. She feels the R5 zone will have an impact on the neighborhood because the homes will be less expensive, and R5 homes don’t hold their value as well. Ms. Hale stated completing 330 South will provide access to a locked in neighborhood but she would prefer it be a cul-de-sac. She is concerned that such a busy road would be so narrow. If cars park on both sides of the road it may become a safety concern.

Mr. Sainsbury indicated is has always been the City’s intent to have 330 South complete to 800 West for traffic and circulation. A cul-de-sac was never planned. A sublocal street has 28 feet of asphalt with a curb and planter strip. Traditional local streets have 34 feet of asphalt.