December 5, 2012 City Council Minutes

Minutes of the Payson City Council Meeting held at the Payson City Center, 439 West Utah Avenue, Payson, Utah on Wednesday, December 5, 2012 at 6:00 p.m.

Mayor Rick Moore presiding.

ROLL CALL: Mayor Rick Moore; Councilmembers: JoLynn Ford, Kim Hancock (entered the meeting at 7:35 p.m.), Scott Phillips, and Larry Skinner; City Manager Dave Tuckett, City Attorney Mark Sorenson, and City Recorder Jeanette C. Wineteer. Councilmember Mike Hardy excused.

PRAYER & PLEDGE OF ALLEGIANCE

Prayer offered by Councilmember Skinner and Pledge of Allegiance led by Councilmember Phillips.

CONSENT AGENDA

MOTION by Councilmember Phillips to approve the Consent Agenda consisting of: Approval of November 7, 2012 City Council Minutes, and a Proclamation proclaiming Cowboy Poetry Week January 6-12, 2013. Motion seconded by Councilmember Ford. Motion carries.

COUNCIL AND STAFF REPORTS

Mayor Moore and Human Resources Coordinator presented Service Awards to City Employees:

  • Pam Knight – 15 years
  • Mike Doyl – 10 years
  • Jay Hurst – 10 years

Karl Teemant reported:

  • Christmas Lights are on at Peteetneet
  • Security System including cameras is now installed at Peteetneet
  • Santa Claus will be at Peteetneet Saturday, December 15th from 10:00 a.m. until 1:00 p.m.
  • Wrestling Tournament will be held in two weeks
  • Community Youth Dance Recital will be Monday, December 12th
  • Youth Cheer competition will compete on January 5th.

Tracy Zobell reported that the water preservation project at the golf course that crews have been doing is almost complete; it has the liner and rocks around the pond. It looks real nice and he said there will be an article in the Golf Digest regarding our crews doing the project.

He also stated that the golf course is still open and said if one round of golf is played this weekend, they will have a better December than last year.

He said Mark Hyland has been shadowing Park Superintendent Gordon White, prior to Gordon’s retirement, so that transition should work smoothly.

Councilmember Skinner noted that he attended the water meeting held with Highline and he is encouraged with that dialogue. Hopefully we can all work together and see some progress.

He also noticed that the stop light at 800 South and Main has better timing, so he thanked staff for getting that changed.

Councilmember Ford attended the Friends of the Library free concert held on November 26th with Chantilly Lace. She said the concert was very nice and a great fundraiser.

She asked if there was anything done yet regarding the vegetation in the medianin the area on 800 South by the Main Street semaphore, as was mentioned by the Park View PTA at a previous meeting. Engineer Robbins said it does need to be trimmed, however he wasn’t sure if it has been done yet.

Councilmember Phillips said that along with the pond, cemetery, and the park, all city properties look very nice so it is good to have an extra month for cleanup. He said it is pretty much spotless everywhere.

Mayor Moore:

  • Agreed and said that crews have even cleaned up in front of all the businesses.
  • He also agreed about the wonderful free concert and thanked Chantilly Lace for helping out.
  • He said that the Highline meeting did go well.
  • He attended the Ambulance party last Saturday and the Fire Department one will be next Saturday.
  • The Lights look good at Peteetneet.
  • He sent condolences to Attorney Mark Sorenson for his mother passing.
  • He reported that Channel 5 Chopper came down for the “Read Today” to help promote that program with Park View and Wilson Elementary Schools.
  • He attended a meeting with students from the UVU Marketing Class and they have studied certain Payson activities and reported what should be done and /or could be done to help those events.

CHAMBER OF COMMERCE – BUSINESS OF THE MONTH

Lou Balamas, of the Chamber of Commerce, reported that the Chamber has been very busy this week attending the Poor Boys Business of the Month, a Ribbon cutting at Daltons, and tomorrow they will be having their Christmas party.

He introduced ZachVoorhees and presented “Poor Boys BBQ and Dawgs” with the December Business of the Month. He said this is a southern influenced BBQ Restaurant, whichopened last February and is locally owned andoperated with a staff of nine. He said they do catering as well as the restaurant and their most popular item is pulled pork, but they have other very good menu items. He said Poor Boys is an asset for the town and they are very community minded, supporting many fund raisers. The Chamber of Commerce is glad to have them asthe Business of the Month.

Mr. Voorhees expressed his appreciation for allowing them to be part of the community and for all the support. He also thanked the City and Chamber for this award.

PUBLIC HEARING – PRITCHETT SUBDIVISION AND OVERLAY ZONE REQUEST

MOTION by Councilmember Skinner to open a public hearing to receive public input regarding Pritchett Subdivision and an Overlay Zone Request. Motion seconded by Councilmember Ford. Motion carries.

Public Hearing opened at 6:32 p.m.

Planner Spencer presented the following:

The applicant, Kevin Pritchett, is requesting approval from the City Council for use of the I-O, Infill Overlay Zone and preliminary and final approval of the Pritchett Subdivision in order to subdivide an existing single family residential parcel and create an additional lot for residential purposes. The proposed subdivision is located on Utah County parcel 08-121-0021 located at 589 West 700 South in the R-1-9, Residential Zone. The zoning district allows the construction of a single family dwelling on a parcel containing at least nine thousand (9,000) square feet with at least ninety (90) feet of frontage on a public road or a private drive if approved by the City Council. As proposed, the division of the parcel would result in one parcel that is materially consistent with the regulations of the underlying zone and a second parcel that would not have the required lot area. Approval of the overlay zone is necessary to reduce the minimum lot area requirement for Lot 2 of the proposed subdivision from 9,000 square feet to 7,500 square feet.

It should be noted that the subdivision layout has been modified since the Planning Commission meeting. After considering various development options for Lot 1, the applicant decided to increase the width (frontage) of the lot to potentially accommodate a duplex or twin home structure. As a result, the size of Lot 2 was changed from 8,100 square feet (original plat) to 7,500 square feet as indicated on the attached drawings.

Approval of the overlay zone is a legislative action and the City Council is not obligated to allow the use of the overlay zone. The City Council will need to consider the request to use the I-O Infill Overlay Zone before reviewing the proposed subdivision. If the request of the applicant to use the overlay zone is denied, subdivision of the property as proposed would not satisfy the regulations of the adopted development ordinances.

In order to obtain approval of the I-O, Infill Overlay Zone and the proposed subdivision, the applicant must receive a recommendation from the Planning Commission and the City Council must grant approval. The Planning Commission considered the applicant’s request on November 14, 2012 and conducted a public hearing prior to forwarding a recommendation to the City Council. Their recommendation is included in the recommendation portion of this staff report. The City Council will need to conduct a public hearing before a final decision is made regarding the applications. The public hearings have been properly noticed and courtesy notices have been mailed to the appropriate property owners.

Analysis

The contents of this staff report have been separated into two separate sections. Although some overlap may occur, it was the intention of staff to address the relevant issues of the overlay zone followed by information about the proposed subdivision.

Infill Overlay Zone

In accordance with Section 19.6.31 of the Payson City Zoning Ordinance, the I-O Infill Overlay Zone was established to encourage infill development that is compatible and consistent with existing uses, provided that adequate infrastructure is in place to serve any proposed development. The Zoning Ordinance further states that applications for the purpose of using the overlay zone to simply avoid compliance with this ordinance, or any building code or any federal, state, county or local law, shall not be approved. In other words, if the property could be developed in a way that is consistent with the provisions of the Zoning Ordinance, the property should be improved in that manner. In the creation of the overlay zone, the City Council intended:

1. To allow the orderly development of the established areas of the community.

2. To encourage reinvestment and maintenance of existing neighborhoods.

3. To stabilize and enhance property values.

4. To foster community pride.

5. To promote new development that will enhance and protect the existing structures.

6. To strengthen the economy and improve the quality of life.

Each proposal to use the I-O Infill Overlay Zone should be reviewed to determine if the goals and objectives listed above have been satisfied or if the applicant is simply seeking to avoid compliance with the regulations of the Zoning Ordinance. Use of the I-O Infill Overlay Zone is a request for increased intensity in the permitted uses of the underlying zone. Therefore, the development rights on the subject property are those found in the underlying zone until, and unless, approval to use the I-O Infill Overlay Zone is granted by the City Council. Furthermore, denial of the use of the I-O, Infill Overlay Zone shall not constitute a takings claim because the applicant will not be denied the ability to use the property in accordance with the underlying zone.

The use of an overlay zone and the regulations of Section 19.6.31 of the Payson City Zoning Ordinance are in addition to the adopted development ordinances of Payson City and limited in scope to the specific issues raised by the applicant. All other Payson City development regulations will apply to the development of the parcel. In this case, the applicant is requesting reduction in the lot area requirements of the underlying zone for an existing single family dwelling lot.

A primary focus of the I-O, Infill Overlay Zone is compatibility with surrounding uses. Therefore, staff would suggest the City Council consider the following conditions associated with the proposed use of the I-O, Infill Overlay Zone:

1. If approved, the applicant will need to obtain subdivision approval. All applicable regulations of the development ordinances will need to be satisfied prior to the recordation of the Final Plat of the proposed subdivision.

2. If approved, the use of the overlay zone in this instance would only alter the lot area requirements for Lot 2 of the proposed subdivision. All other subdivision and general development requirements in the development ordinances of Payson City will need to be satisfied by the applicant including, but not limited to installation of utilities, performance guarantee, water transfer, building code and fire code requirements.

3. The applicant must provide two (2) off-street parking stalls for the dwelling located on Lot 2. The parking stalls must satisfy the requirements of Chapter 19.4 of the City Zoning Ordinance. The location of the parking stalls is indicated on the Preliminary Plan.

4. All areas of Lot 2 not covered by the primary structure or required parking must be completely landscaped with suitable landscaping materials. Furthermore, Lot 1 must be maintained in accordance with Chapter 19.24, City Beautification of the Payson City Zoning Ordinance until the lot is further developed. Project notes have been included on the preliminary plan.

5. The existing single family dwelling on Lot 2 is classified as a non-complying structure because the setbacks are not consistent with the current regulations of the R-1-9 Zone. Any expansion of the structure must satisfy the regulations of Chapter 19.14 of the Zoning Ordinance.

6. The accessory structure (barn) on Lot 1 will need to be removed from the site. The structure encroaches upon required setback and easement areas and following recordation of the subdivision plat, the accessory structure will no longer be accessory to a primary use. A demolition permit must be obtained from the Development Services Department and the structure removed prior to the recordation of the Final Plat.

Pritchett Subdivision

Following a review of the proposed subdivision, staff has identified some issues that will need to be resolved prior to preliminary and final approval including:

  1. In order to develop the property as proposed, the applicant will need to obtain approval from the City Council for use of the I-O Infill Overlay Zone. If the request of the applicant to use the overlay zone is denied, the subdivision will be inconsistent with the provisions of the Subdivision Ordinance.
  2. As proposed, the division of land would accommodate two (2) single family dwelling lots. The applicant has expressed interest in constructing a duplex or twin home structure on Lot 1. However, additional approvals are necessary to introduce multi-family units or additional single family dwellings (i.e. flag lot) in the subdivision.
  3. A waterway known as Upper Spring Creek once traversed this property. The applicant will need to identify the location of the waterway to determine if water still traverses the property and if additional improvement is necessary.
  4. The applicant will need to schedule an inspection of all municipal utility services for the existing dwelling and, if necessary, upgrade the service lateral or utility connection in a manner that is consistent with the Design Guidelines and Standard Specifications of Payson City. The power connection for the existing dwelling, as well as any new dwelling will need to be located underground.
  5. The applicant will need to work with the Payson Power Department on the layout of electrical facilities for the proposed project. Payment of all fees associated with labor and materials provided by the Payson Power Department are the responsibility of the applicant and will need to be submitted prior to issuance of a building permit.
  6. All development improvements must be completed in accordance with the Design Guidelines and Standard Specifications of Payson City. There will be at least three trenches in 600 West to extend utilities to Lot 1. Staff would suggest that the surface of the road be restored between the northernmost and southernmost trenches so that the roadway will contain one larger patch rather than a three individual patches. If any damage occurs to existing roadway improvements (curb, gutter, asphalt etc.) the applicant will be responsible for all repairs.
  7. The Streets Department has inspected the condition of the existing curb, gutter, and sidewalk and has determined upgrades are necessary. The applicant will need to contact the Streets Department to identify the sections that will need to be upgraded, including the installation of a handicap ramp.
  8. Letters from all private utility providers (i.e. Questar Gas, CenturyLink, Comcast, UTOPIA) indicating knowledge of the project and a willingness to provide service to the development will need to be provided. Furthermore, the applicant will need to contact the Post Office to determine the method of mail delivery for the proposed lots. The applicant will be responsible to satisfy the conditions indicated on the acknowledgment letters from the private utility service providers.
  9. The Final Plat will need to be revised to be consistent with the regulations of Chapter 20.29 of the Payson City Subdivision Ordinance. At a minimum, the Final Plat must include the following:
  1. Indication of the use of each lot.
  2. A signature block will need to be provided for Questar Gas Company.
  1. Following approval of the Final Plat the following items will need to be completed by the applicant:
  1. Prior to recordation of the Final Plat, a performance guarantee in the form of a cash bond or irrevocable letter of credit will need to be submitted to the City. The guarantee shall be equal to one hundred twenty (120) percent of the approved engineer’s estimate for all work proposed to be completed in the public right-of-way. Additionally, each applicant for development approval must submit payment, in cash, for public works inspections in accordance with the adopted fee resolution of Payson City.
  2. The applicant will need to complete the transfer of adequate water to serve the subdivision in accordance with the provisions of Title 10, Water Ordinance. The applicant will need to work with the Payson City Water Specialist to determine the amount of water that will need to be transferred for Lot 1. The applicant will need to note on the Final Plat the total amount of water shares required to serve the development.
  3. Following development approval, a pre-construction meeting will need to be scheduled with the City Engineer. At this meeting construction details, inspection requirements and contact information will be discussed.
  4. The inoperable vehicle located on Lot 1 will need to be removed and no loose debris or waste shall remain on the site. As mentioned above, Lot 1 must be maintained in accordance with Chapter 19.24, City Beautification of the Payson City Zoning Ordinance until the lot is further developed.
  5. Once the applicant has commenced construction in the proposed subdivision, all non-residential fencing such as barbed wire and field fence will need to be removed from the project site.

These items represent the issues that are not consistent with the development ordinances of Payson City and will need to be completed by the applicant. The Planning Commission, City Council or staff may require additional information in order to make a well-informed decision.