CITY OF OREM
CITY COUNCIL MEETING
August 24, 1999
5:30 P.M. - CEREMONIAL SWEARING IN - MAYOR W. CHRIS YANDOW
Melody Downey, City Recorder, administered the oath of office to Mayor W. Chris Yandow before friends and family, who were unable to attend his original swearing in on August 3, 1999.
6:00 P.M. REGULAR SESSION
CONDUCTINGMayor W. Chris Yandow
ELECTED OFFICIALSCouncil members Joseph C. Andersen, Judy Bell, David K. Palfreyman, Bill Peperone, and Mike Thompson
APPOINTED STAFFJim Reams, Paul Johnson, Stanford Sainsbury, Richard Manning, Melody Downey, and Donna Weaver
EXCUSEDCouncilmember Steven L. Heinz
PLEDGE OF ALLEGIANCE Jesse Lanham
INVOCATION John Krizin
Mayor Yandow indicated that Mr. Heinz will not be able to attend tonight=s meeting, because his flight from California has been delayed.
PERSONAL APPEARANCES
Time was allotted for the public to express their ideas, concerns, and comments on items not on the agenda.
No one came forward to speak.
APPROVAL OF MINUTES
City Council Meeting of August 10, 1999
Mrs. Bell moved to approve the August 10, 1999, minutes. Mr. Thompson seconded the motion. Those voting aye: Mr. Andersen, Mrs. Bell, Mr. Palfreyman, Mr. Peperone, Mr. Thompson, and Mr. Yandow. 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.
City Council Minutes - August 23, 1999 (p.1)
Appointments to Boards and Commissions
The Mayor did not have any appointments.
CITY MANAGER=S APPOINTMENTS
The City Manager did not have any appointments.
CONSENT ITEM
Mrs. Bell moved to approve the following Consent Item. Mr. Thompson seconded the motion. Those voting aye: Mr. Andersen, Mrs. Bell, Mr. Palfreyman, Mr. Peperone, Mr. Thompson, and Mr. Yandow. The motion passed unanimously.
SET PUBLIC HEARING - Zoning Ordinance Amendment - Change Zone from AM-2@ to AR15@- The Lakes PRD--Vic Deauvono--66 acres on 1200 North Street between I-15 and Geneva Road - September14, 1999 - 6:15 p.m.
SCHEDULED ITEMS
6:15 P.M. PUBLIC HEARING
ORDINANCE - South Rim - Rezone Certain Property in the Vicinity of 1750 South 750 East from R-1-7.5 to R-1-5.
Mr. Sainsbury presented to the Council a recommendation to consider a request to amend Section 2253(A) and the zoning map of the City of Orem, Utah, by changing the zone on certain property in the vicinity of 1750 South 750 East from R-1-7.5 to R-1-5. The applicant plans to develop a planned residential development with sixteen units. This parcel has access on 750 East, sharing a cul-de-sac with four single-family homes. A large percentage of the parcels in the immediate vicinity have been developed as multifamily dwellings. Single-family dwellings in this area are interspersed with the attached units but are not as prevalent. Parcels immediately behind the houses on 750 East have been developed commercially. Attached units would not be out of harmony with the overall development in this neighborhood. However, the increased traffic on this small dead-end street, generated by sixteen new units, as opposed to the nine single-family homes currently permitted, could negatively impact the entire neighborhood.
Commenting that this parcel is on a fairly steep hill, Mrs. Bell inquired if all of the units shown in the drawing will fit on the property. Mr. Sainsbury noted that the drawing is just a conceptualization of the development for the rezone. There is no development agreement, so there is any number of ways the property could be developed within the zone.
Mayor Yandow noted the lack of a recommendation from the Planning Commission.
City Council Minutes - August 23, 1999 (p.1)
Mr. Peperone wondered what concerns the Planning Commission had about this project, and Mr. Sainsbury said that street parking and an increase in traffic were concerns expressed by neighbors who attended the meeting. Mr. Peperone asked if staff has a recommendation, and Mr. Sainsbury indicated that if this project is constructed as shown it would be adequate for the site.
Mrs. Bell remarked that she is a little leery to grant this request without some kind of guarantee that this concept plan is what will be built, and Mr. Johnson said that the Council cannot grant a conditional rezone. Development agreements require certain considerations, and he is not sure that this project would qualify for one.
Bob Fitch, applicant, said this plan is exactly what he intends to build. He constructed a similar project in Provo, and photos of that project have been included in the Council's background material. He remarked that there have never been curb and gutter on a portion of the street, and weeds encroach into it making the street appear narrower than it is. He stated that he is willing to paint the curb red in front of his property.
Mayor Yandow opened the public hearing.
Marie Ridge remarked that she has lived in this neighborhood for fifty years, and it is inundated with apartments. This is a classy project, and these units will be wonderful for the area. She said she hopes the Council will vote for it.
Richard Robinson, 1794 South 750 East, indicated that he is in favor of this project, but he believes sixteen townhomes are too many. The current zoning would allow nine which is a better number. It will be a good thing for the neighborhood to have 750 East improved. He said that a truck and a construction trailer regularly park on 1700 South. There could be problems if the residents of this development have boats or trailers which will need to be parked somewhere.
Greg Nolte, Springville resident, voiced concern that this project has too many units. The idea of red curbing the street would limit visitor parking for residents.
Clyde Strong, 762 East 1700 South, declared that this entire area is becoming a slum. This neighborhood does not have much traffic during the day, and its proximity to BYU would make it a good location for students with young families. This neighborhood has great potential, and he would like to see it developed for families rather than as rentals.
R. H. Lunceford, 1035 North 250 East, remarked that he owns a fourplex in the area, and he has concerns about the traffic which will exit 750 East onto 1700 South. He is also worried that the hill on which this project will be constructed could experience some Asluffing.@
Matt Tyson, 1600 South 750 East, stated that this area gets more traffic from people who use it as a shortcut from State Street to University Parkway. He said that if the project is well designed, there should not be a problem with land slides. He believes this project will improve the area and take away the slum feeling that it has right now.
Mr. Strong asserted that he built a home on the rim of this hill which he lived in for more than twenty years; he did not have any problems with Asluffing.@ There are two construction workers who park their trucks on the street by 1700 South which makes the intersection dangerous.
City Council Minutes - August 23, 1999 (p.1)
Curt Albrecht commented that he rented an apartment in the area and now owns a home there. All the issues discussed are valid. He said he recognizes that the developer must be able to build enough units to make a profit, otherwise the property will stay a weed-infested problem. He declared that many of the people complaining about parking on the street are a situation of the Apot calling the kettle black.@ The parking for this project is adequate. He said that he does not know many people in his age group that have more than two cars, and traffic in this area is minor.
Paul Crossett, 1695 South 800 East, said that he feels the neighborhood needs to be upgraded, so people will want to live there. He has owned apartments in Provo, and the property owners must solve their own problems; they use red curbing a lot. He declared that the neighbors need to look at this project as an upgrade. The problem with the construction vehicles parked on the street can be handled by public safety.
Bruce Daley, 1670 South 800 East, commented that he is in support of this project, because it will bring more permanent homes into the neighborhood. All the concerns about the intersection are true, but he thinks those can be resolved.
Brent Sumner indicated that he has property in this area, and he believes he will be as impacted by this project as anyone in the neighborhood. The property where this development will be is currently a weed patch. He visited a similar project of sixteen units where there is one entrance and one exit; he counted thirty townhomes. The neighbors who live there said they did not have any problems getting into or out of their project. Mr. Sumner stated that he supports this proposal.
Mayor Yandow closed the public hearing.
Mr. Fitch said that his projected sales market--based on the project in Provo--is to young families. Until two years ago, when the zoning ordinance was changed, he could have developed sixteen units per acre. This project will only have eight.
When Mrs. Bell asked if Mr. Fitch will be the developer and build all sixteen units, Mr. Fitch replied in the affirmative. He said that before submitting an application to the Planning Commission, he will determine that the final plat includes enough room for each unit to have a backyard.
Commenting that the Council is always looking for projects which provide onsite parking, Mr. Palfreyman said it seems that all the parking problems in this area come from offsite parking. He stated that he is pleased with this project, because it will provide affordable housing for young families. He encouraged other property owners to upgrade existing properties.
Mr. Thompson, indicated that he has friends who live in this neighborhood, said that he is in favor of this project.
Mr. Peperone asked if Mr. Fitch will prevent onsite parking of recreation vehicles by covenant. Mr. Fitch said he had not thought of doing that, because he does not know that there are many young couples who have RVs. That is something which could be included.
City Council Minutes - August 23, 1999 (p.1)
Mr. Sainsbury observed that RV parking is not allowed in this zone. Such vehicles must be stored in commercial storage facilities.
An unidentified man stated that he does not know many young people who own recreational vehicles.
Mr. Palfreyman moved, by ordinance, to amend Section 22-5-3(A) and the zoning map of the City of Orem, Utah, by changing the zone on certain property in the vicinity of 1750 South 750 East from R-1-7.5 to R-1-5. Mrs. Bell seconded the motion. Those voting aye: Mr. Andersen, Mrs. Bell, Mr. Palfreyman, Mr. Peperone, Mr. Thompson, and Mr. Yandow. The motion passed unanimously.
6:15 P.M. PUBLIC HEARING
ORDINANCE - Kaitlin Court - Rezone Certain Property in the Vicinity of 714 South Main from R-1-8 to R-1-5.
Mr. Sainsbury reviewed with the Council a recommendation to deny a request to amend Section 225-3(A) and the zoning map of the City of Orem, Utah, by changing the zone on certain property in the vicinity of 714 South Main from R-1-8 to R-1-5. This is a request to rezone the parcel subdivided as Kaitlin Court. The parcel was originally platted for three lots meeting the requirements of the R-1-8 Zone. The preliminary plat was approved by the Planning Commission on November 18, 1998, but no final plat has been recorded. The parcel is 1.04 acres and with the new street there would be approximately 30,000 square feet for lots. If the Council decides to rezone the property, there could be up to six lots which would meet the requirements of the R-1-5 Zone. Properties adjacent to the proposed rezone on the north have recently been developed as single-family lots averaging more than 12,000 square feet. Those on the west have been developed with smaller lots but still more than 8,000 square feet. Scera View and Main Street planned residential developments are directly east of this property.
Mr. Sainsbury indicated that at the time the original subdivision was submitted, the applicant also submitted a concept plan for the surrounding undeveloped properties to the south and west. The adjacent properties encompass six additional parcels, and together total approximately 5.8 acres. Several of these are also owned by the applicant. Even though the requested rezone is for only a small percentage of the area that could be developed, it is prudent to examine the entire area for future development impacts. If all the properties included in the concept were developed together in the R-1-8 Zone, there could be approximately twenty new lots. If the Council rezoned all the properties, thirty-two new R-1-5 lots could be developed. If the developer chose to develop a planned residential development, the allowed density is six DU/A and if landscaping and parking requirements were met, a total of thirty units would be allowed under the ordinance.
City Council Minutes - August 23, 1999 (p.1)
Of the seven parcels, only one is large enough to allow for the development of a PRD. This is the parcel owned by Ms. Aiken and is approximately 2.6 acres. The area of the proposed rezone is not large enough for a PRD. Adjacent properties to the north, west, and south are developed and access to any new development on the properties in the concept-plan area would be from Main Street. Two of the parcels in the concept area are landlocked and could not develop without a new public street from Main Street through the applicant=s or Ms. Aiken=s property. The remaining parcels have frontage on Main Street or 800 South Street. Two letters in opposition to the proposed rezone have been sent to the Development Services Office. These are from the daughters of Mrs. Ida June Aiken, the property owner to the south. Ms. Aiken=s parcel is included in the concept plan submitted with the application. It is unclear whether Ms. Aiken is contemplating development of her parcel in the future, but she strongly objects to the R-1-5 rezone.
Mayor Yandow opened the public hearing.
Dale Aiken stated that he is representing his mother who lives south of the proposed developed. She has been approached about selling her property, but she is not interested. Mr. Aiken declared that he is sad to see what is happening in Orem. This particular parcel used to have the oldest building in Orem on it, but it has been torn down. He said he does not approve of this proposal.
Dana Richins, 711 South Main, remarked that her major concerns are safety and traffic. There is a little hill coming from 800 South. It is difficult for her to see traffic when she pulls onto Main Street because a neighbor has nearly twenty cars parked on his property.
Christie Richards, 59 West 680 South, commented that her house is currently for sale, but she has lived there for ten years. She said she believes that thirty-two homes are too many.
Mayor Yandow closed the public hearing.
Todd Cuell, applicant, said that he does not want to flood the area with homes. He would be glad to decrease the number of homes, but he will still need to rezone the property to make the project financially feasible. The neighborhood needs more families, and he will improve the street which will be an asset.
Mrs. Bell remarked that she agrees with the Planning Commission that this site is not appropriate for the R-1-5 Zone which was meant for infill lots. The current zone is better.
Mr. Cuell said that he could develop only four lots, but that would take a change to the R-1-7.5 Zone which requires a General Plan amendment. Mr. Sainsbury concurred, noting that General Plan amendments can only be done three times a year.
Mr. Peperone agreed that the R-1-5 Zone was meant for infill, but he does not see that this project meets the intent of that zone. He said that he is not sure what other zone would work best.
Mrs. Bell moved to deny a request to amend Section 22-5-3(A) and the zoning map of the City of Orem, Utah by changing the zone on certain property in the vicinity of 714 South Main from R-1-8 to R-1-5. Mr. Palfreyman seconded the motion.
Mr. Thompson said it is his understanding that the R-1-5 Zone was also meant to help provide for affordable housing to beat requirements which were anticipated coming from the State.
Mr. Andersen remarked that at first he did not think this project had that much density. Once he reviewed the site, he felt differently. He said that he is comfortable with the current R-1-8 Zone, and he could even agree to a R-1-7.5 Zone.
City Council Minutes - August 23, 1999 (p.1)
Mr. Thompson asked about a development agreement, and Mr. Johnson said that he does not believe it would be appropriate for this situation. It would be tantamount to a conditional rezone.
Mayor Yandow called for a vote. Those voting aye: Mr. Andersen, Mrs. Bell, Mr. Palfreyman, Mr. Peperone, Mr. Thompson, and Mr. Yandow. The motion passed unanimously.
6:15 P.M. PUBLIC HEARING
ORDINANCE - Astel, Barton, Watson, and Hadlock - Rezone Certain Property in the Vicinity of 200 North 850 West - R-1-8 to R-1-5.
Mr. Thompson disclosed that Mr. Watson has been a client of his, and he will remove himself from the discussion on this item. Mr. Thompson left the meeting at 7:31 p.m.