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Orem:
City Council

Entity: Orem

Public Body: City Council

Subject: Zoning

Notice Title: Orem City Council Agenda

Notice Type: Meeting

Notice Date & Time: May 14, 2013 | 6:00 PM - 1:51 PM

Description/Agenda:

CITY OF OREM
CITY COUNCIL MEETING 
56 North State Street, Orem, Utah
May 14, 2013

3:00 P.M.	WORK SESSION – PUBLIC SAFETY TRAINING ROOM

1.	DISCUSSION – CARE Tax Allocation Proposals
 

AGENDA REVIEW

2.	The City Council will review the items on the agenda. 


CITY COUNCIL - NEW BUSINESS

3.	This is an opportunity for members of the City Council to raise issues of information or concern.	


6:00 P.M.  REGULAR SESSION - COUNCIL CHAMBERS

CALL TO ORDER
INVOCATION/INSPIRATIONAL THOUGHT: By Invitation
PLEDGE OF ALLEGIANCE: By Invitation


APPROVAL OF MINUTES

4.	MINUTES of City Council Meeting – April 30, 2013
5.	MINUTES of Joint City Council/Alpine School District Meeting – May 8, 2013


MAYOR’S REPORT/ITEMS REFERRED BY COUNCIL

6.	UPCOMING EVENTS
7.	UPCOMING AGENDA ITEMS
8.	APPOINTMENTS TO BOARDS AND COMMISSIONS
Beautification Advisory Commission  – 3 vacancies
		Library Advisory Commission – 1 vacancy
		Heritage Advisory Commission  - 1 appointment
							       1 vacancy
Summerfest Advisory Committee – 1 vacancy	
9.	RECOGNITION OF NEW NEIGHBORHOODS IN ACTION OFFICERS
10.	REPORT – State Street Construction Project – Shane Marshall (UDOT) – 10 minutes
11.	REPORT – Utah County Commission – Gary Anderson
12.	REPORT – Heritage Advisory Commission  


CITY MANAGER’S APPOINTMENTS

13.	APPOINTMENTS TO BOARDS AND COMMISSIONS
The City Manager does not have any appointments.


	CONSENT ITEMS

14.	There are no consent items.


SCHEDULED ITEMS
	
6:00 P.M. PUBLIC HEARING
15.	ORDINANCE - Amending Section 22-5-3(A) of the Orem City Code and the Zoning Map of Orem, Utah, by Rezoning Property Located Generally at 1885 North 400 West From PRD to R8

REQUEST: The applicant requests the City Council, by ordinance, amend Section 22-5-3(A) and the Zoning Map of Orem, Utah, by rezoning property located generally at 1885 North 400 West from the  PRD zone to the R8 zone.  

PRESENTER: Jason Bench

POTENTIALLY AFFECTED AREA:  Northridge Neighborhood

BACKGROUND: The subject property was rezoned from the R8 zone to the PRD zone in July 2008 with a concept plan of thirty-four twin-home units. These units were never constructed. A new applicant, Ivory Homes, desires to rezone the property back to the R8 zone for the purpose of constructing single-family homes. A potential layout of the property has been included and would permit twenty-six lots. 

A neighborhood meeting was held on March 22, 2013, with ten people in attendance. All were supportive of the request.

Advantages:
•	Ivory will build each home
•	Neighbors desire single-family over twin-homes

Disadvantages:
•	None identified


16.	MOTION – Calling for a Reconsideration of the Vote to Deny the Request to Enact Section 22-11-48, PD-35 Zone, and Appendix “CC” of the Orem City Code and Amending Section 22-5-3(A) of the Orem City Code and the Zoning Map of Orem, Utah, by Rezoning Property Located Generally at 320 West 1360 North from R6 to the PD-35 Zone

RECOMMENDATION: Three members of the City Council who voted with the majority on this issue at the previous City Council meeting recommend the City Council, by motion, vote to reconsider the request to:
1)  Enact Section 22-11-48, PD-35 Zone, and Appendix “CC” of the Orem City Code and Amending Section 22-5-3(A) of the Orem City Code and the Zoning Map of Orem, Utah, by Rezoning Property Located Generally at 320 West 1360 North from R6 to the PD-35 Zone

PRESENTER: Jason Bench

POTENTIALLY AFFECTED AREA:  Windsor Neighborhood

BACKGROUND: This request was denied by the City Council on April 30, 2013.

The purpose of this item is for the City Council to determine whether they would like to reconsider this application.  Pursuant to Section 22-1-5(F) of the Orem City Code, any three Councilmembers who voted in the majority on a motion approved or denied may request a reconsideration of the action. 


CONTINUED DISCUSSION
17.	ORDINANCE - Amending Section 22-5-3(A) of the Orem City Code and the Zoning Map of Orem, Utah, by Rezoning Property Located Generally at 320 West 1360 North from R6 to the PRD Zone

REQUEST:  The applicant requests the City amend Section 22-5-3(A) and the Zoning Map of Orem, Utah, by rezoning property located at 320 West 1360 North from R6 to the PRD zone.  

PRESENTER: Jason Bench

POTENTIALLY AFFECTED AREA:  Windsor Neighborhood

BACKGROUND: The City Council recently denied the request to rezone the subject property to the PD zone but may consider the PRD zone. The primary development standards of the PRD zone consist of the following:
•	 Up to 7 units per gross acre
•	 Maximum height of 27 feet in 1 of 3 configurations; single story with no basement, single story with basement, or no basement and a second story with a maximum floor area of 60 percent of the main floor
•	 20 or 25-foot setback to adjacent properties depending on height and density
•	 Fence required around perimeter
•	 50 percent landscaping
•	 2.5 parking stalls including 1 covered
Advantages:
•	Attached housing provides options of single-story living for empty nester/retired
•	Common landscaping will be maintained
•	PRD zones have been used successfully in many locations in the city 

Disadvantages:
•	Perceived increase of traffic
•	Potential of a small-lot single-family “starter home” subdivision is eliminated


18.	ORDINANCE - Amending Sections 5-2-2(B) and 5-2-2(C) of the Orem City Code Pertaining to Powers of Animal Control Officers

RECOMMENDATION: The Interim Public Safety Director recommends the City Council, by ordinance, amend Sections 5-2-2(B) and 5-2-2(C) of the Orem City Code pertaining to powers of animal control officers.  

PRESENTER: Scott Gurney

POTENTIALLY AFFECTED AREA:  Citywide

BACKGROUND: The intent of this request is to clarify that an animal control officer, as well as a law enforcement officer, has the authority to enforce all violations in this chapter. 

5-2-2. Powers of Animal Control Officers.

A.  The Department of Public Safety shall be vested with the power and authority to enforce this Chapter.
B. Each animal control or law enforcement officer is hereby authorized and empowered to apprehend and impound any animal found in violation of this Chapter and to issue citations to persons in violation of this Chapter.
C. In the enforcement of this Chapter, any animal control or law enforcement officer is authorized to enter onto the open premises of any person to take possession of any animal in violation of this Chapter.


19.	ORDINANCE – Approving the Amounts to be Awarded to the CARE Grant Recipients for the 2013 CARE Granting Round

RECOMMENDATION: The City Manager recommends the City Council, by ordinance, approve the amounts to be awarded to CARE grant recipients for the 2013 granting round.

PRESENTER: Charlene Crozier

POTENTIALLY AFFECTED AREA:  Citywide 

BACKGROUND: On November 8, 2005, a majority of City of Orem voters voted in favor of enacting a local sales and use tax of 0.1% as a means of enhancing financial support for recreational and cultural facilities, and cultural organizations within the City of Orem.  Known as the Cultural Arts and Recreation Enrichment tax (CARE), the Orem City Council enacted the tax by ordinance on November 22, 2005.  The tax went into effect April 1, 2006, and is currently authorized for a period of eight years.

On December 9, 2008, the City Council amended the CARE Program policies and procedures, establishing eligibility requirements and an application process for this competitive granting program.  Three categories of grants were established, including Recreational and Cultural Facilities, available for publicly-owned or operated facilities; Cultural Arts Major Grants, of $5,000 or more for operating costs of nonprofit cultural arts organizations; and, Cultural Arts Mini Grants, of up to $4,999 for operating costs of nonprofit cultural arts organizations.

Applications for this CARE granting round were due on March 18, 2013.  As a group and with members serving as a smaller review panel, the City Council met in a series of public meetings in April and May to hear from applicants and to consider their grant requests.

Utah law requires that the entire amount of revenues and interest collected as a result of the imposition of the tax be distributed in a manner consistent with Utah Code Ann. 59-12-1403, which allows for granting to one or more facilities or organizations.  Utah law also requires the City to provide for that distribution by ordinance.


20.	RESOLUTION- Tentatively Adopting the City of Orem Fiscal Year 2013-2014 Tentative Budget

RECOMMENDATION: The City Manager recommends the City Council, by resolution, tentatively adopt the Fiscal Year 2013-2014 Tentative Budget and set a public hearing to adopt the final budget on June 11, 2013, at 6:00 p.m.

PRESENTER: Bruce Chesnut

POTENTIALLY AFFECTED AREA:  Citywide 

BACKGROUND: On April 30, 2013, the City Council received a copy of the proposed budget in preparation for this meeting.  Prior to being presented with a draft copy of the budget, the City Council and staff have met in a series of public meetings to discuss guiding principles of this and future budgets, review each of the Enterprise Funds and the General Fund, and the recommended adjustments to the City's Fees and Charges. 

This budget does not contain any request to increase the property tax rate. Proposed fee changes will be reviewed in the budget presentation.

The Tentative Budget is available for review and to download at Orem.org.  


PERSONAL APPEARANCES

21.	Time has been set aside for the public to express their ideas, concerns, and comments on items not on the Agenda.  (Please limit your comments to 3 minutes.)


COMMUNICATION ITEMS

22.	There are no communication items.


CITY MANAGER INFORMATION ITEMS

23.	This is an opportunity for the City Manager to provide information to the City Council.  These items are for information and do not require action by the City Council. 


ADJOURN TO A REDEVELOPMENT AGENCY MEETING

Notice of Special Accommodations:

THE PUBLIC IS INVITED TO PARTICIPATE IN ALL CITY COUNCIL MEETINGS. If you need a special accommodation to participate in the City Council Meetings and Study Sessions, please call the City Recorder’s Office at least 3 working days prior to the meeting. (Voice 229-7074) (TDD # 229-7037)

Notice of Electronic or telephone participation:

This meeting may be held electronically to allow a Councilmember to participate.

Other information:

This notice was posted on: May 10, 2013 02:00 PM
This notice was last edited on: May 10, 2013 02:00 PM

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