city of orem planning commission meeting minutes march...

A complete video of the meeting can be found at www.orem.org/meetings1

CITY OF OREMPLANNING COMMISSION MEETING MINUTES

March 18, 2020

The following items are discussed in these minutes: PRELIMINARY PLAT – Preliminary Plat approval of Second North Subdivision with two (2) lots at 166

North 400 West in the R6.5 Zone - Approved PUBLIC HEARING – Amending Lot 120, Legacy at Ercanbrack Farms, Plat A and approving Legacy at

Ercanbrack, Plat G located at 159 West 2040 South in the R8 zone, vacating the public utility easement along the west property line - Approved

SITE PLAN – Site plan approval of Soelberg Industries located at 248 South Mountain Way Drive in the M2 Zone, including the vacation of Orem Geneva Industrial Park Subdivision, Plat G Lots 1 and 4 and final plat approval of Orem Geneva Industrial Park, Plat L - Approved

PUBLIC HEARING – Amending Lots 1, 2 and 4 Takeda, Plat A, vacating a public utility easement and approving Takeda, Plat B located at 355 South 850 East in the R8 zone - Approved

PUBLIC HEARING – Amending Section 22-6-9(G)(2) Private Schools and Commercial Day Care Services by clarifying language – Positive Recommendation to City Council

PRELIMINARY PLAT – Preliminary Plat approval of Herman’s Corner, Plat A with five (5) lots located generally at 410 East Center Street in the R8 Zone - Approved

STUDY SESSION

At 3:30 p.m. Canceled

REGULAR MEETING

Place: Orem City Council Chambers

At 4:30 p.m. Chair Cochran called the Planning Commission meeting to order and offered the invocation.

Those present: Mickey Cochran, Planning Commission Chair; Carl Cook, Camille Jensen, Barry Roberts, Haysam Sakar, Ross Spencer and Mike Staker, Planning Commission members (via telephone); Ryan L. Clark, Development Services Director; Jason W. Bench, Planning Division Manager; Cheryl Vargas, Associate Planner; Sam Kelly, City Engineer; Steve Earl, Legal Counsel (remotely); Kendall Willardson, Planning Intern

Those excused: Jake Harding, Associate Planner; Jenna Albers and Grant Allen, Long Range Planners; Terry Peterson, City Council Liaison

Chair Cochran welcomed everyone to the first ever all electronically held Orem City Planning Commission meeting, a historic event.

Chair Cochran asked Mr. Bench to introduce Agenda Item 3.1:

Agenda Item 3.1 is a request by Brian Mitchell Wilkes for the Planning Commission to approve the preliminary plat of Second North Subdivision with two (2) lots at 166 North 400 West in the R6.5 Zone.

Staff Presentation: The existing property is approximately 12,196 square feet (0.28 acres). It currently has one single family dwelling and a shed. These structures will be removed. It is a corner lot with large yard space. A rezone from R7.5 to R6.5 was approved for this property.

The applicant is now proposing a two (2) lot subdivision. One lot will be 6,939 square feet, the other will be 6,540 square feet. The proposed lots meet the required minimum size of 6,500 square feet.

Planning Commission minutes for March 18, 2020


Recommendation: The Development Review Committee determined this request complies with the Orem City Code. Staff recommends the Planning Commission approve the preliminary plat of the Second North Subdivision with two (2) lots at 166 North 400 West in the R6.5 Zone.

Chair Cochran asked if the Planning Commission had any questions for Mr. Bench.

Chair Cochran called for a motion on this item.

Planning Commission Action: Mr. Cook moved to approve the preliminary plat of the Second North Subdivision with two (2) lots at 166 North 400 West in the R6.5 Zone. Mr. Staker seconded the motion. Those voting aye: Mickey Cochran, Carl Cook, Camille Jensen, Barry Roberts, Ross Spencer and Mike Staker. The motion passed unanimously.


Agenda Item 3.2 is a request by Branden Steineckert for the Planning Commission to amend Lot 120, Legacy at Ercanbrack Farms, Plat A and approving Legacy at Ercanbrack, Plat G located at 159 West 2040 South in the R8 zone, vacating the public utility easement along the west property line.

Staff Presentation: The applicant is seeking to vacate an easement located along the west property line of the lot. The applicant has obtained all the necessary letters of vacation from all the required utility companies.

Recommendation: The Development Review Committee determined this request complies with the Orem City Code. Staff recommends the Planning Commission amend Lot 120, Legacy at Ercanbrack Farms, Plat A and approve Legacy at Ercanbrack, Plat G located at 159 West 2040 South in the R8 zone, vacating the public utility easement along the west property line.

Chair Cochran asked if the Planning Commission had any questions for Mr. Bench. Mr. Staker said looking at the map and there is nothing that indicates an easement. Mr. Bench said what is being shown is the proposed new plat with the easement removed. The Public Utility Easement (PUE) on the west side is the one being removed. Mr. Kelly said it is not just a PUE but also a ten-foot irrigation easement. Mr. Bench said a letter was received from the irrigation company (West Union) vacating the easement. Mr. Cook said West Union is basically out of business.

Chair Cochran invited the applicant to come forward. Roger Dudley, Dudley & Associates, Inc., introduced himself. Mr. Dudley said that canal has been abandoned for many years and a letter was received to that effect.

Chair Cochran opened the public hearing and invited those from the audience who had come to speak to this item to come forward to the microphone and after waiting sixty seconds asked if any electronic comments had been received.

When no one came forward and no electronic comments were received, Chair Cochran closed the public hearing and asked if the Planning Commission had any more questions for the applicant or staff. When none did, he called for a motion on this item.

Planning Commission Action: Mr. Roberts moved to amend Lot 120, Legacy at Ercanbrack Farms, Plat A and approve Legacy at Ercanbrack, Plat G located at 159 West 2040 South in the R8 zone, vacating the public utility easement along the west property line. Mr. Spencer seconded the motion. Those voting aye: Mickey Cochran, Carl Cook, Camille Jensen, Barry Roberts, Haysam Sakar, Ross Spencer and Mike Staker. The motion passed unanimously.


Agenda Item 3.3 is a request by KBR Construction, Inc. for the Planning Commission to approve the site plan of Soelberg Industries located at 248 South Mountain Way Drive in the M2 Zone, including the vacation of Orem



Geneva Industrial Park Subdivision, Plat G Lots 1 and 4 and final plat approval of Orem Geneva Industrial Park, Plat L.

Staff Presentation: The applicant is proposing to build an addition to their existing building. The addition will be a new warehouse with 14,447 square feet and a 2-story office area of 4,116 square feet. Currently, there are two lots at this location. The new plat will combine those two lots into one lot.

The new additions will be concrete block wainscot and metal panels with a metal roof, matching the other buildings on the property.

Recommendation: The Development Review Committee determined this request complies with the Orem City Code. Staff recommends the Planning

Commission approve the site plan; amend Orem Geneva Industrial Park Plat G, Lots 1 and 4; and approve Orem Geneva Industrial Park, Plat L for Soelberg Industries located at 248 South Mountain Way Drive in the M2 zone with the condition that all storm drain issues be resolved prior to obtaining a building permit.

Chair Cochran asked if the Planning Commission had any questions for Mr. Bench. Mr. Staker said in looking at the new plan, he did not see any place for a dumpster site or an existing dumpster site for the existing building. He asked if the new business going into this area will have its own dumpster and if a dumpster takes a parking stall, will there be enough parking to meet the requirement. Mr. Bench said there is an existing dumpster, and this is all one facility, and they may be leasing it out to other entities but they would all be using the same dumpster. Mr. Cook said on the plan at the back of the existing warehouse, it does say existing dumpster with enclosure. Mr. Bench said as far as the overall facility they would only be required to have the one dumpster. Mr. Clarke said they are a manufacturer of industrial or architectural type wood products, so they have a lot of millwork type equipment. There is a large green dumpster that can be seen on the aerial photo at the back of the site. Mr. Bench said as long as it is not visible from the street. It does not have to be enclosed if it is hidden by the building and not seen from the street.

Chair Cochran asked if the Planning Commission had any more questions for the applicant or staff. When none did, he called for a motion on this item.

Planning Commission Action: Mr. Cochran moved to approve the site plan; amend Orem Geneva Industrial Park Plat G, Lots 1 and 4; and approve Orem Geneva Industrial Park, Plat L for Soelberg Industries located at 248 South Mountain Way Drive in the M2 zone with the condition that all storm drain issues be resolved prior to obtaining a building permit. Mr. Cook seconded the motion. Those voting aye: Mickey Cochran, Carl Cook, Camille Jensen, Barry Roberts, Haysam Sakar, Ross Spencer and Mike Staker. The motion passed unanimously.


Agenda Item 3.4 is a request by Cole Kempton for the Planning Commission to amend Lots 1, 2 and 4 of Takeda, Plat A, vacate a public utility easement and approve Takeda, Plat B located at 355 South 850 East in the R8 zone.

Staff Presentation: The applicant currently owns all three lots and is modifying them by creating two lots from three, which requires a plat amendment. All three lots are currently vacant. The current public utility easement between Lots 1 and 4 will need to be vacated and a new easement created at the new property line between Lots 1 and 2. The new Lot 1 will be 28,239.50 square feet and Lot 2 will be 10,142.42 square feet, meeting the R8 zone requirement.

Recommendation: The Development Review Committee determined this request complies with the Orem City Code. Staff recommends the Planning Commission

approve the amendment of Lots 1, 2 and 4 of Takeda, Plat A, vacate a public utility easement and approve Takeda, Plat B located at 355 South 850 East in the R8 zone.



Chair Cochran asked if the Planning Commission had any questions for Mr. Bench. Mr. Cook asked if this is a public hearing because of the utility easement vacation. Mr. Bench said it is a public hearing because of the plat vacation. The PUE is being vacated but the lots are also being reconfigured. Any plat amendment requires a public hearing.

Chair Cochran invited the applicant to come forward. Cole Kempton introduced himself.

Chair Cochran opened the public hearing and invited those from the audience who had come to speak to this item to come forward to the microphone and after waiting sixty seconds asked if any electronic comments had been received.

When no one came forward and no electronic comments were received, Chair Cochran closed the public hearing and asked if the Planning Commission had any more questions for the applicant or staff. When none did, he called for a motion on this item.

Planning Commission Action: Ms. Jensen moved to approve the amendment of Lots 1, 2 and 4 of Takeda, Plat A, vacate a public utility easement and approve Takeda, Plat B located at 355 South 850 East in the R8 zone. Mr. Spencer seconded the motion. Those voting aye: Mickey Cochran, Carl Cook, Camille Jensen, Barry Roberts, Haysam Sakar, Ross Spencer and Mike Staker. The motion passed unanimously.


Agenda Item 3.5 is a request by Development Services for the City to amend Section 22-6-9(G)(2) Private Schools and Commercial Day Care Services of the Orem City Code pertaining to proximity of commercial day care services in a residential zone.

Staff Presentation: The language change would amend Section 22-6-9(G)(2) Private Schools and Commercial Day Care Services to clarify that two commercial day cares could not be within two thousand six hundred forty (2,640) feet of each other in a residential zone, but a commercial day care in a residential zone could be within two thousand six hundred forty (2,640) of another commercial day care in a commercial zone.

Recommendation: The Development Review Committee determined this request complies with the Orem City Code. Staff recommends the Planning Commission forward a positive recommendation to the City Council by amending Section 22-6-9(G)(2) Private Schools and Commercial Day Care Services of the Orem City Code pertaining to proximity of commercial day care services in a residential zone.

Chair Cochran asked if the Planning Commission had any questions for Mr. Bench. Mr. Cochran asked if in residential communities where you have two day care centers in residences, approved and licensed, if they are juxtaposed one to another how does this affect them. Mr. Bench said these are commercial day cares in a residential zone. Day cares located in a home are limited to the number of children they can have. A commercial day care creates more traffic/business which is why the need for separation, which is a different situation with these commercial day cares.

G. Private Schools and Commercial Day Care Services (SLU Codes 6261 and 6262). Private Schools and Commercial Day Care Services are Commercial Day Care Services are defined to include (1) Commercial Child Day Care Facilities, and (2) Commercial Adult Day Care Facilities. Commercial Day Care Services shall be allowed in residential zones only upon the issuance of a conditional use permit and must, at a minimum, meet the following requirements:

1. In residential zones, Commercial Day Care Services shall only be allowed on properties adjacent to either a collector or an arterial street.

2. A commercial Day Care facility shall not be established within two thousand six hundred and forty feet (2640’) of another Private School or Commercial Day Care facility that is located in a residential zone.



Mr. Cook asked if there can be a commercial day care in a residential zone. Mr. Bench said yes, there can be, but there are about twelve requirements that are a part of that. It has to be located on a collector or arterial street that allows more traffic, has to have the separation because they will have more business, and as long as they meet all the criteria they can be located in a residential zone. They do have to go through the process to be approved.

Chair Cochran opened the public hearing and invited those from the audience who had come to speak to this item to come forward to the microphone and asked if any electronic comments had been received.

Titus McKenzie, participating electronically, said he supports these changes.

Chair Cochran closed the public hearing and asked if the Planning Commission had any more questions for the applicant or staff. When none did, he called for a motion on this item.

Planning Commission Action: Mr. Staker moved to forward a positive recommendation to the City Council by amending Section 22-6-9(G)(2) Private Schools and Commercial Day Care Services of the Orem City Code pertaining to proximity of commercial day care services in a residential zone. Mr. Cochran seconded the motion. Those voting aye: Mickey Cochran, Carl Cook, Camille Jensen, Barry Roberts, Haysam Sakar, Ross Spencer and Mike Staker. The motion passed unanimously.


Agenda Item 3.6 is a request by Lindsay and Brian Bills for the Planning Commission to approve the preliminary plat of Herman’s Corner, Plat A with five (5) lots located generally at 410 East Center Street in the R8 Zone.

Staff Presentation: There is an existing home located at 410 E Center Street with two vacant lots directly to the east.

Proposed Subdivision: Herman’s Corner includes five (5) lots. The property is located in the R8 zone, which requires a minimum of 8,000 square feet for each lot. Proposed Lot 1 will have driveway access only off of 34 South. Proposed Lots 3 and 4 will share a driveway access off of Center Street and Proposed Lot 5 will have driveway access only off of 450 East. The existing home on proposed Lot 1 will remain with driveway access off of 400 East.

Recommendation: The Development Review Committee determined this request complies with the Orem City Code. Staff recommends the Planning Commission approve the preliminary plat of Herman’s Corner, Plat A with five (5) lots located generally at 410 East Center Street in the R8 Zone.

Chair Cochran asked if the Planning Commission had any questions for Mr. Bench. Ms. Jensen said she had a question in regard to access on Center Street. She asked if there is a requirement that they have to have a circular drive, with the traffic on Center Street it can cause some problems. Mr. Bench said Lots 3 and 4 will have one access so their garages will hopefully be off set so they will be able to pull forward as they come out onto Center Street and not have to back out. For Lot 5, access will be limited to 450 East. There is a jog in the lot line on Lot 2 to go around an old tree they wanted to save. When they bring their building permits in, the configuration is something that will need to be looked at before approving the site plan.

Chair Cochran invited the applicant to come forward; however, the applicant is under quarantine due to the Coronavirus and unable to attend.

Chair Cochran asked if the Planning Commission had any more questions for the applicant or staff. When none did, he called for a motion on this item.

Planning Commission Action: Mr. Spencer moved to approve the preliminary plat of Herman’s Corner, Plat A with five (5) lots located generally at 410 East Center Street in the R8 Zone. Ms. Jensen seconded the motion. Those



voting aye: Mickey Cochran, Carl Cook, Camille Jensen, Barry Roberts, Haysam Sakar, Ross Spencer and Mike Staker. The motion passed unanimously.

Minutes: The Planning Commission reviewed the minutes from the previous meeting. Chair Cochran then called for a motion and moved to approve the meeting minutes for March 4, 2020. Mr. Roberts seconded the motion. Those voting aye: Mickey Cochran, Carl Cook, Camille Jensen, Barry Roberts, Haysam Sakar, Ross Spencer and Mike Staker. The motion passed unanimously.

Mr. Clark said he would like to thank the Planning Commission members for working with staff on this change in meeting format. Your smiling faces are missed. This same method may be used on April 1st for the next Planning Commission, so please plan ahead based on this same type of schedule. Chair Cochran said he is grateful for all Commission members.

Adjourn: Chair Cochran called for a motion to adjourn. Mr. Spencer moved to adjourn. Mr. Cook seconded the motion. Those voting aye: Mickey Cochran, Carl Cook, Camille Jensen, Barry Roberts, Haysam Sakar, Ross Spencer and Mike Staker. The motion passed unanimously.

Adjourn: 5:08 p.m.

Jason BenchPlanning Commission Secretary

Approved: April 1, 2020

city of orem planning commission meeting minutes march...

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