City of Orem s4

CITY OF OREM

CITY COUNCIL MEETING

June 4, 2002

5:00 P.M. STUDY SESSION

CONDUCTING Mayor Jerry C. Washburn

ELECTED OFFICIALS Councilmembers Judy Bell, Les Campbell, Dean Dickerson, Karen A. McCandless, and Shiree Thurston.

APPOINTED STAFF Jim Reams, City Manager; Paul Johnson, City Attorney; Jeff Pedersen, Administrative Services Director; John Park, Public Works Director; Stanford Sainsbury, Development Services Director; Mike Larsen, Public Safety Director; Louise Wallace, Library Director; Bruce Chesnut, Water Division Manager; and Donna Weaver, City Recorder.

EXCUSED Councilmember Stephen E. Sandstrom

CITY COUNCIL NEW BUSINESS

Mrs. Bell indicated that she would be announcing in the regular meeting her resignation from the City Council effective June 30, 2002.

Mr. Campbell asked if there is concern being expressed about where the R5 zone is going. Mr. Sainsbury indicated staff members have been trying to support what they perceived the Council position to be regarding application of the R5 zone, but the denial of the Joshua Heights rezone request last week indicated that there may be a “change in the wind.” He suggested that the Council consider revisiting the concept for the R5. The consensus of the Council was to schedule a discussion for July 9, 2002.

CITY MANAGER INFORMATION ITEMS

The City Manager did not have any Information Items.

REVIEW OF AGENDA ITEMS

The Council and staff reviewed the agenda items and adjourned at 5:59 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 Judy Bell, Les Campbell, Dean Dickerson, Karen A. McCandless, Stephen E. Sandstrom (joined the meeting via telephone at 6:50 p.m. and disconnected at 8:19p.m.), and Shiree Thurston.

APPOINTED STAFF Jim Reams, City Manager; Paul Johnson, City Attorney; Jeff Pedersen, Administrative Services Director; Stanford Sainsbury, Development Services Director; John Park, Public Works Director; Mike Larsen, Public Safety Director; Louise Wallace, Library Director; Bruce Chesnut, Water Division Manager; and Donna Weaver, City Recorder.

PLEDGE OF ALLEGIANCE Councilmember Shiree Thurston

INVOCATION Councilmember Karen McCandless

APPROVAL OF MINUTES

City Council Meeting of May 28, 2002

Mrs. Bell indicated that she would like to clarify a statement she made in the May 28, 2002, meeting during the Joshua Heights rezone request. She said she meant to say that, in an R5 rezone request, the burden of proof is on the applicant that the change is necessary.

Mrs. Bell then moved to approve the minutes of the May 28, 2002 meeting of the Orem City Council. Mrs. McCandless seconded the motion. Those voting aye: Mrs. Bell, Mr. Campbell, Mr. Dickerson, Mrs. McCandless, Mrs. Thurston, and Mr. Washburn. The motion passed unanimously.

MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL

Indicating that Mrs. Bell has submitted a letter of resignation, Mayor Washburn turned the time over to her to comment.

Mrs. Bell reflected that one must close a door to open a new door, but she never knew how hard it would be to close the door to her membership on the City Council. She read a written statement expressing her appreciation for the experience of serving the citizens of Orem and indicated she would be resigning from the City Council effective June 30, 2002.

Mayor Washburn said the Council would miss Mrs. Bell and wished her well.

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.

Daily Herald Misprint

Mayor Washburn said the Daily Herald reported yesterday--in error--that the City of Orem was planning to raise its water rates 500 percent. He then turned the time over to Jared Cowley, reporter, to comment.

Mr. Cowley apologized for the error, indicating it had occurred in a rewrite by someone who misread his notes. He declared that he was shocked when he read the article this morning and saw the mistake.

Mayor Washburn noted that an explanation of the error would be printed in the newspaper tomorrow.

POSTPONEMENT OF PUBLIC HEARINGS

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

Appointments to Boards and Commissions

The Mayor did not make any appointments at this time.

Recognition of Blitz Sponsors

Mayor Washburn expressed appreciation to the following Blitz Sponsors:

Gold Sponsors ($1,000)

University Mall

Woodbury Corporation

Dave Adams Classic Auto Repair

Bank of American Fork

Signature Promotions

Gardner’s Concrete Edging & Utah Valley Home Builder’s Association

Sam’s Club

Silver Sponsors ($500)

Quantum Construction & Development

Great Harvest Bread Company

Sundance Summer Theater

CITY MANAGER’S APPOINTMENTS

The City Manager did not have any appointments.

PERSONAL APPEARANCES

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

Margaret Dayton, Utah State Legislator, declared that Mrs. Bell has been a wonderful City Councilmember, making herself available to Orem’s citizens. Ms. Dayton said Mrs. Bell has been a real asset to the community.

Norma Farley, 631 West 700 North, asked how she should handle neighbors who have chickens. Mike Larsen, Public Safety Director, indicated that he would inform the code enforcement officers of the problem.

CONSENT ITEMS

There were no Consent Items for Council consideration.

SCHEDULED ITEMS

6:15 P.M. PUBLIC HEARING

ZONING ORDINANCE AMENDMENT – Jeppesen Student Housing Overlay – Section 2253(A) and the Zoning Map of the City of Orem, Utah – 1550 South Sandhill Road – from R8 to R8-SH.

Mr. Sainsbury reviewed with the Council a recommendation to amend Section 22-5-3(A) and the Zoning Map of the Orem City Code by rezoning property located at 1550 South Sandhill Road from R8 to R8-SH. He noted that this item was continued from the May 28, 2002, City Council meeting.

The applicant requests that the City amend Section 22-5-3(A) and the Zoning Map of the City of Orem, Utah by changing the zone on property located at 1550 South Sandhill Road from R8 to R8SH. The applicant proposes to develop a student housing project on the 5.76-acre site.

The Sandhill Road area has been studied and reviewed recently to great lengths in regards to potential land uses and new development. In 2000, the Student Housing Ad-hoc Committee met and made several recommendations regarding the needs and impacts of student housing in this area. Although student housing was recommended for some properties in this area, there were several concerns voiced by the neighbors about development issues that needed to be addressed. In August 2001, a six-month moratorium was put into place on this area to allow for further review. The ad-hoc committee that was established for this purpose was ultimately unable to make a unanimously supported recommendation regarding Sandhill Road area land uses.

On March 26, 2002, the City Council determined that it would be in the best interest of the Sandhill Road area and the city to conduct a southwest Orem transportation study. The process to have a study performed in this area has already begun. The study in no way prevents someone from developing property under the current zone or requesting a different zone. It is projected that the information accumulated from this study will assist the City Council in making decisions regarding the southwest area of Orem.

Glen Arnell and Leo Lines, applicants, were invited to come forward. Mr. Arnell expressed the following:

  Approximately eighteen months ago this property was annexed into Orem with the R8 zone, though the Council stated then it was not its intent to leave the R8 zoning in place.

  The City put a six-month moratorium in place in the area that expired in February 2002.

  When the Jeppesen property was annexed, the original concerns were about land uses and not traffic.

  It has been known for some time that the intersection at University Parkway and Sandhill Road is a problem.

  The City allowed Wal-mart to expand and also approved the Parkway Crossing student-housing complex--both of which will have an impact on the intersection.

  Even with a shuttle or gondola at Parkway Crossing, there could be a large number of nonstudent residents; their impact on the intersection could be immense.

  The recent change to the Parkway Crossing requirements was approved with no discussion of traffic.

  The Ercanbrack property was approved for annexation into Orem, and it would have an impact on Sandhill Road.

  He does not believe anyone on the moratorium committee was opposed to putting student housing on the Jeppesen parcel.

  The Student Housing Ad-hoc Committee recommended this parcel for student housing.

  The Peterson property is being considered for student housing as well, and the traffic from that potential development could impact the University Parkway/Sandhill Road intersection.

  His project would save the City money because he would pay to improve 1,000 feet of frontage on Sandhill Road.

  The City is still in need of student housing; Parkway Crossing will not fulfill all the needs.

  Student housing is best situated close to UVSC.

When Mrs. Bell asked how much density could go on this parcel, Mr. Arnell replied that he had not determined that yet. He was not willing to spend money on a layout until he knew he could get the rezone. He said he is hoping to have 200 units with 800 beds. Mr. Lines noted that the parcel has an irregular shape, and it may not be possible to get as many as 200 units on it.

The Mayor opened the public hearing.

Cyndi Van Wagonen, 376 West 1750 South, commented that she had spent the day “surfing the net” to gather information about this issue. She noted the Orem General Plan identifies Orem as Family City USA and says Orem is to partner with citizens and businesses to help create and preserve a community where people want to live, work, and play. Ms. Van Wagonen noted that the City Council denied a rezone request in 1998 because of safety concerns. She indicated she has spoken with Brad Cook of UVSC, who informed her that enrollment at the college has declined because of recent tuition increases. Ms. Van Wagonen declared no one doubts that Sandhill Road is unsafe to walk or drive on. She expressed concern about developing the road in a piecemeal fashion. The residents are willing to be patient, so the process can be done right.

Molly Dayton asked if the City Council realizes that the notice letter about this meeting was only sent to residents living 200 feet from the proposed development. She declared the room is not packed tonight because no one in the neighborhood knew anything about the meeting. When dealing with issues impacting the area included in the moratorium area, the entire area should have been notified. Ms. Dayton questioned if any more student housing is even needed. She asserted that based upon estimates provided by the City, student housing projects either already in place, under construction, or approved for construction should provide more than enough student housing. Those figures do not include students who are already living in surrounding condominium complexes. She asked the LDS bishops in the area, which includes Oakhurst Condominiums about the number of students in their wards, and they estimated that they had ninety percent students living there. She reminded the Council that the Mayor said in an earlier meeting it is important to determine how much housing is actually needed.

**Note: Mr. Sandstrom joined the meeting via telephone at 6:50 p.m.

Rich Melville, 1890 South Sandhill Road, declared that this little neighborhood has endured a lot, including UVSC student traffic, several hotels, Wal-mart, Wendy’s, McGraths, Chevy’s, IHOP, Lakeside Condominiums, a furniture store, car dealerships, a strip mall, an industrial park, the future Ercanbrack development, issues relating to other vacant properties, connectivity to other roads, and a future park. All these impact the University Parkway/Sandhill Road intersection. At certain times of the day, this intersection is already failing. Mr. Melville stated it makes no sense to add traffic until the transportation study is completed. During the moratorium, a survey was sent out, and residents said they do not want anymore high-density residential development; they feel they have already shouldered more than their share of the burden. The residents feel that nice town homes or twin homes could be constructed there, because UDOT would have to build a sound wall between them and the freeway.

Mrs. Bell said she walked the parcel again today to consider what would be the best use of the property. She believes student housing or storage units would be appropriate. She asked the residents what they would like to see there.

Molly Dayton remarked that a couple of weeks ago she was willing to suggest placing the new pool there. There are all kinds of areas where homes have been built right next to the freeway. She stated that just because the information from the transportation study isn’t available right now doesn’t mean any decisions made tonight about the property won’t have a lasting impact on the area. Ms. Dayton asserted that the bottom line here is money. She expressed concern about a comment she heard Mr. Sandstrom make in an earlier meeting to the effect that the Jeppesen property should be developed with high-density housing; the City would deal with the traffic problems later. She questioned how that could be good for this area.

Mr. Sandstrom replied that he was not suggesting all the development on Sandhill Road should be student housing. He also disagrees with the assertion that there should be no student housing on the east side of Sandhill Road. Mr. Sandstrom agreed that a strip mall could be constructed on this property, noting however the market is currently flooded with floor space of that kind. It could also have a greater impact on the traffic than student housing would. Mr. Sandstrom said there is no guarantee that Parkway Crossing will ever be constructed.

Mark Bowden, 277 West 2000 South, commented that the City should save its money, because a traffic study is not needed to know that Sandhill Road should be widened. While he is not in favor of high density, this location would probably be pretty good for student housing; it is certainly better than farther south on Sandhill Road. He wondered when the City was planning to improve the road. If the developers are willing to pay to improve it, the City should let them.