CITY OF OREM
CITY COUNCIL MEETING
October 25, 2005
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; Jeff Pedersen, Administrative Services Director; Stanford Sainsbury, Development Services Director; Bruce Chesnut, Public Works Director; Greg Stephens, Deputy City Attorney, Donna Weaver, City Recorder; and Rachelle Conner, Deputy City Recorder
REVIEW OF AGENDA ITEMS
The Council and staff reviewed the agenda items.
Mr. Sandstrom advised that he is the architect for the new phase of Whistler’s Ridge and will recuse himself from the discussion and vote. He clarified that he was not the architect for the original project.
Mr. Sandstrom also stated he is the architect for the Blackhorse Run II project and will recuse himself from that discussion and vote.
CITY COUNCIL NEW BUSINESS
Bruce Chesnut, Public Works Director, briefed the City Council on the Northgate Village agreement. Mr. Chesnut advised that the developers are working with the Bank of American Fork to finalize the letter of credit and financial guarantee. They will have this finished before it is brought back to the City Council. Mr. Chesnut stated he has been working with the Northgate Village partners and the title company to get this accomplished. Mr. Chesnut then noted that Rick McKell has been brought in as a new partner in the Bunker Business Park.
Jim Reams, City Manager, advised the City Council they would have to hold a special City Council meeting before November 10, 2005, in order to approve the purchase agreement with Northgate Village. The councilmembers were in agreement.
Mr. Chesnut then updated the City Council on the progress of the new Public Works facility. He advised they have sent the final plans for review, and the project will go out for bid this week. The closing date for the bid will be November 21, 2005.
Mayor Washburn inquired about the status of the imminent domain with Darla Christiansen. Paul Johnson, City Attorney, responded that the judge did not grant the City an expedited hearing. Ms. Christiansen has twenty days to respond to the court. The hearing will be held in the first part of November.
The Council 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; Jeff Pedersen, Administrative Services Director; Bruce Chesnut, Public Works Director; Donna Weaver, City Recorder; and Rachelle Conner, Deputy City Recorder.
PLEDGE OF ALLEGIANCE Jonathon Trottier
INVOCATION /
INSPIRATIONAL THOUGHT Les Campbell
APPROVAL OF MINUTES
City Council Meeting of October 11, 2005
Mr. Dickerson moved to approve the minutes of the October 11, 2005, meeting of the Orem City Council. Mrs. McCandless seconded the motion. Those voting aye: Mr. Campbell, Mr. Dickerson, Mr. Forsyth, Mrs. McCandless, Mr.Sandstrom, Mrs. Thurston, and Mayor 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.
Appointments to Boards and Commissions
There were no appointments.
Recognition of New Neighborhoods in Action Officers
Joyce Johnson, Neighborhood Organization Specialist, recognized Bryant Harris as the Windsor South neighborhood chair.
Youth City Council Items
There were no Youth City Council items.
PROCLAMATION – Community Education Day – November 15, 2005
Mayor Washburn read a proclamation for Community Education Day - November 15, 2005.
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.
CONSENT ITEMS
There were no consent items.
SCHEDULED ITEMS
6:15 PUBLIC HEARING – Whistler Ridge
ORDINANCE - Amend Section 22-5-3(A) and the Zoning Map of the City of Orem, Utah, by Rezoning Property Located at 741 East 1600 South from R-8 to PRD
Stephen Sandstrom recused himself from the discussion. He advised that he is the architect for the project. He clarified that he was not the original architect; however, he is for this phase.
***Mr. Sandstrom left the meeting at 6:18 p.m.
Stanford Sainsbury, Development Services Director, presented a recommendation to the City Council to amend Section 22-5-3(A) and the Zoning Map of the City of Orem, Utah, by rezoning property located at 741 East 1600South from R-8 to PRD.
The applicant has requested a zone change, from R-8 to PRD, for property adjacent to the WhistlerRidge PRDproject, which is nearing completion. The existing PRDconsists of eight duplex units and two single-family detached units. Three existing single-family homes will be removed as part of this development. The proposed addition contains five duplex units and three single-family detached units, all of which are like the units currently approved.
The proposed addition is 1.51 acres to go along with the existing 2.5 acres and will have an overall density of approximately 7.5 units per acre. Aneighborhood meeting was held August 4, 2005.
Mr. Forsyth inquired about the age of the people buying the homes. Chad Astle, applicant, indicated it is mostly older couples making the purchase.
Mayor Washburn stated in the premeeting that he questioned whether there is a sewer problem in the area that would be affected by adding thirteen more homes. Bruce Chesnut, Public Works Director, clarified that the 1600 South sewer line is not even at half capacity at this time, and the thirteen units will not adversely affect the system. He advised the City replaced the lift station pumps five years ago, and the sewer line was replaced ten years ago. There have not been any problems in the area for quite some time.
Mayor Washburn opened the public hearing.
Rosalie McOmber, 666 East 1600 South, stated she lives within 300 feet of the project, and she did not receive notices for any of the meetings. She then expressed a need for an outlet onto 1500South to help alleviate the increase in traffic. Mr. Sainsbury advised that the traffic engineers have indicated 1600South would be able to handle the extra traffic that this development would bring.
Bruce Kelly, 675 East 1600 South, noted he did not receive notice of the meetings either. He advised that older people are buying these homes, and they generate more traffic because family members will be visiting. He expressed that he has a hard time getting out of his driveway due to the traffic on 1600 South. Mr. Kelly then noted that he had been told the sewer system could not handle the drain flow without the system going into a big cement box that was placed underground. He stated that he is not opposed to the project as long as there is an outlet onto 1500 South.
Mr. Forsyth asked Mr. Chesnut to clarify what the cement box is used for. Mr. Chesnut indicated the cement box was installed as a catch basin for storm water and not for sewer.
Mr. Forsyth then noted that both of the neighbors live outside of the noticing area, and that is why they did not receive a notice of the meetings. Mrs. McOmber stated that she has talked to neighbors that live within the noticing area, and they did not receive a notice either.
Mr. Johnson responded that the County records have the property owner’s names, and the notice would go to them and not necessarily the person living in the home.
Mr. Kelly commented that 1600 South is one of the narrowest streets in Orem for the amount of traffic it has. He explained that something needs to be done to fix the traffic problems on this street, and expressed that a small outlet onto 1500 South would make a big difference.
Mrs. McCandless questioned the threshold for the number of entrances and exits into a subdivision. Mr. Sainsbury stated that there is not a standard in the City Code. Traffic engineers look at the type of development, the number of trips it will produce, and the roads adjacent to the developments in order to make the determination. The Uniform Fire Code also has specific requirements.
Mrs. McCandless questioned how many lots would be developed if this property were to remain R-8. Mr. Sainsbury replied there could be six or seven lots.
Mr. Forsyth inquired whether the applicant would be expanding the project farther north and could then place an outlet onto 1500 South. Mr. Astle responded that he has tried to acquire more property; however, the property owner is not willing to sell at this time.
Mayor Washburn noted the City Council cannot require the property owner to buy more property in order to create another outlet. Mr. Johnson agreed that they do not have a basis to make that requirement.
Mrs. Thurston asked whether there is a parking criteria with this development. Mr. Sainsbury stated the PRD requires 2.5 parking spaces per unit.
Mrs. Thurston then questioned how wide the street would be. Mr. Astle stated it is approximately thirty feet wide, not including the sidewalk.
Mayor Washburn closed the public hearing.
Mrs. McCandless requested clarification that the traffic engineers have stated there is not a need for an additional access at this time, and legal staff advised that the City Council could not require a second access because there is not a need for one. Mr. Johnson stated that is correct, as long as the Council decision is based on rational evidence. The evidence that is before the Council right now is that there could possibly be more traffic if they did not approve this application. There is a traffic standard that shows the number of trips generated each day by the different types of developments. This type of development shows a traffic standard of fewer vehicle trips per day than an R8development would. Based on that evidence, the City Council cannot require the second access.
Mayor Washburn cautioned that if there were an access onto 1500 South, more traffic from 1500South would possibly go to 1600 South in order to access the light. He expressed the Council needs to be careful in their planning.
Mr. Forsyth moved, by ordinance, to amend Section 22-5-3(A) and the Zoning Map of the City of Orem, Utah, by rezoning property located at 741 East 1600 South from R-8 to PRD. Mr. Dickerson seconded the motion. Those voting aye: Mr. Campbell, Mr. Dickerson, Mr. Forsyth, Mrs. McCandless, Mrs. Thurston, and Mr. Washburn. The motion passed unanimously.
** Mr. Sandstrom returned to the meeting at 6:54 p.m.
6:15 PUBLIC HEARING – Melia’s Cove
ORDINANCE - Amend Section 22-5-3(A) and the Zoning Map of the City of Orem, Utah, by Rezoning Property at 1140 North 800 East from R-8 to PRD
Mr. Sainsbury presented a recommendation to the City Council to amend Section 22-5-3(A) and the Zoning Map of the City of Orem, Utah, by rezoning property at 1140 North 800East from R-8 to PRD.
The applicant requests the PRD zone to develop thirteen single-family homes. City staff prepared a sketch showing a possible development plan of up to eleven single-family homes, meeting the standards of the current R8zone. The density of the proposed development is 5.63 units per acre, which is less than the maximum number of 8 units per acre.
The R8 zone generates fourteen trips per day for each single-family home. The PRD zone generates eight trips per day. However, since this PRD is to contain single-family homes, the average daily trips will be similar to the adjacent R8 development. Whether an R-8 or PRDdevelopment is approved, the traffic generated will go directly to 800East and not through local streets. Since 800East has an average of 11,700 trips per day, traffic would increase 1.5 percent.
The applicant has signed a development agreement that ties them to this specific development plan, including proposed structures. A neighborhood meeting was held July 21, 2005.
Matt Meyer and Morgan Hatfield, applicants, introduced themselves. Mr. Meyers stated they saw this property as an opportunity to introduce a retirement subdivision into the area.
Mrs. McCandless questioned why the applicant had not held another neighborhood meeting as the Planning Commission had requested. Mr. Hatfield stated that they had made an effort to have a meeting last night, and no one attended. Mr. Meyer stated that he received the email addresses of the neighbors at the neighborhood meeting, and he has been in contact with them through emails.
Mayor Washburn opened the public hearing.
Robert Monson, 874 East 1080 North, advised he is opposed to this development because it will lower the value of homes in the area. He stated that emergency response is also a concern because the street is too narrow for emergency vehicles to access or turn around. This application is targeting the elderly, and they will have more of a need for emergency response.
Janet Taggart, 1089 North 910 East, explained that her opposition to this development is how congested the neighborhood would be. She said she would rather have eleven single-family homes in an R-8 development.