CC Minutes 1/2/13

Payson City Council Minutes January 2, 2013

 

 

Minutes of the Payson City Council Joint Session with the Redevelopment Agency of Payson City held Wednesday, January 2, 2012

Minutes of the Payson City Council Joint Session with the Redevelopment Agency of Payson City held Wednesday, January 2, 2012 at 6:00 p.m.

Attending: Mayor Rick Moore, Councilwoman JoLynn Ford, Councilman Kim Hancock, Councilman Larry Skinner, City Manager David Tuckett, City Attorney Mark Sorenson, and Deputy Recorder Pam Knight.

Councilman Mike Hardy and Councilman Phillips were excused. Mayor Rick Moore presiding.
Mayor Moore called the meeting to order at 6:05 p.m.
PRAYER & PLEDGE OF ALLEGIANCE

Councilman Hancock offered a prayer and Councilwoman Ford led the Pledge of Allegiance.

CONSENT AGENDA
MOTION by Councilman Skinner to approve the Consent Agenda consisting of the December 19, 2012 City Council Minutes and a Resolution Establishing the Dates and Time for Regular City Council Meetings for 2013. Motion seconded by Councilwoman Ford. Motion carried.

PUBLIC FORUM
Carolyn Bowman announced an event that will be available for the public to be informed about recent healthcare legislation and lands and education legislation. “Bagels and Bills” will be held in two sessions – Saturday, February 9th and Saturday, March 2nd at 7:30 a.m. at the Nebo School District offices. The Central Utah Clinic will provide breakfast.

COUNCIL AND STAFF REPORTS
Councilwoman Ford welcomed a group of students in attendance.

Councilman Skinner said he hoped everyone enjoyed the holidays and wished them well in 2013.

Mayor Moore expressed gratitude to the city crews for the great job they do in clearing snow off of the roads and sidewalks. He also said he hoped everyone had a good Christmas and New Year and that he is looking forward to a great year in 2013; there are a lot of possibilities for the City.

PRESENTATION OF SCOUT ATTENDANCE CERTIFICATES

CHAMBER OF COMMERCE – BUSINESS OF THE MONTH
Chamber President Eric Buchanan, recognized Mountain Air Assisted Living. He said they do a great job in caring for the elderly and disabled. The facility feels like being in someone’s home, with home cooked meals and a caring staff. He presented a plaque to the owners Rhett and Jennifer Huff.

PUBLIC HEARING – REQUEST FOR ACCESSORY DWELLING (JORGENSEN)

MOTION by Councilwoman Ford to open the public hearing. Motion seconded by Councilman Hancock. Motion carried. The Public Hearing was opened at 6:17 p.m.

Planner Spencer explained that the applicant, Mike Jorgensen is seeking approval for use of the AD-O Accessory Dwelling Overlay Zone in order to modify a portion of the basement area of an existing building located at 996 West 800 South to accommodate an accessory dwelling. The main level of the building is occupied by Steps Recovery Center, an outpatient drug rehabilitation and alcohol treatment facility. The primary use of the building is a permitted use in the S-1, Special Highway Service Zone.

The structure was constructed in 1998 and has primarily been used for private educational facilities (i.e. Aspen Academy, Helaman Academy). The basement of the structure is unfinished and has been used as storage space.

Page 1

page1image27480
page1image27752

Minutes of the Payson City Council Joint Session with the Redevelopment Agency of Payson City held Wednesday, January 2, 2012

Over the years there has been interest to utilize the basement for office space; however, the building lacked the proper egress and a window access required by the adopted building and fire codes.

Construction has commenced to improve the building to accommodate the commercial use and to provide outside access to the basement area of the structure. However, before improvements can be completed to accommodate an accessory dwelling, the applicant must obtain approval for use of the AD-O, Accessory Dwelling Overlay Zone.

Both the Planning Commission and City Council are required to hold a public hearing and consider public input prior to reaching a recommendation or decision, respectively. The Planning Commission held a public hearing on December 12, 2012 and determined the proposed use is appropriate in this location. Their recommendation is included in the recommendation portion of this staff report. Notice has been posted in the appropriate locations and the public hearing advertised in the newspaper for a minimum of fourteen (14) days. Furthermore, property owners within five hundred (500) feet of the development site have been notified and invited to participate in the public hearing for the overlay zone.

Analysis

The background contains the official request of the applicant and an explanation of the process to obtain approval of the overlay zone. However, a less formal explanation is in order. Quite simply, the applicant is seeking “on-call quarters” or housing for counselors or therapists that will be providing professional services at the treatment facility. It is not anticipated that these quarters will become a residence, but rather serve as temporary accommodations for staff that provides services on an occasional basis that reside outside of the area. After a review of the Zoning Ordinance, staff determined that the only existing method to allow the unit would be the application of the AD-O, Accessory Dwelling Overlay Zone.

The AD-O Accessory Dwelling Overlay Zone was created to allow second story or higher, or basement accessory dwellings in the commercial zones of the City. Depending on the primary use of the building and the needs of the applicant, a mixed use product may be appropriate. However, there are issues that must be addressed when combining commercial and residential uses. For that reason, the AD-O Overlay Zone was adopted by the City Council in an effort to resolve these items before allowing a mixed use development.

It is the responsibility of the applicant to demonstrate that the objectives of the overlay zone are satisfied and the presence of residential uses will not limit the commercial use of the property. Staff would suggest that the following conditions be imposed in conjunction with the applicant’s request for use of the AD-O, Accessory Dwelling Overlay Zone.

  1. The applicant will need to demonstrate that an accessory dwelling is the most appropriate use for the basement area of the building. Since the construction of the building, the basement has been limited to storage space because the initial construction did not satisfy the egress and window access requirements of the adopted building and fire codes. The applicant has resolved these concerns by installing windows and providing an outside basement entrance. The basement area could be improved to accommodate commercial uses.

  2. The residential use of the structure is limited to a floor area ratio of 2:1 in favor of the commercial use. In other words, the applicant must incorporate at least two (2) square feet of commercial area for each one (1) square foot of residential space. Furthermore, the residential use must be independent of the commercial area of the structure and must maintain separate restroom and kitchen facilities.

  3. The main level of the structure is occupied by Steps Recovery Center which is a permitted commercial use in the S-1, Special Highway Service Zone. The applicant is requesting approval of an accessory dwelling to allow overnight and/or temporary housing for out of town visiting counselors and therapists. The applicant must be willing to acknowledge that the residential use is ancillary to the commercial use by means of recordation of a Certificate of Present Condition indicating the division of uses. Staff would suggest the accessory dwelling be limited to use by staff members and not for inpatient services.

4.

5. The applicant may be required to install a separate utility meter for electrical service due to the different rate structure of commercial and residential uses. A separate connection may not be required if the accessory dwelling is limited to staff of the treatment facility.

page2image38136

Each structure that contains an accessory dwelling shall satisfy the provisions of the adopted building and fire codes. The applicant will need to apply for and obtain a building permit for all improvements that will be

page2image40472

completed to accommodate the residential use.

Page 2

page2image42104
page2image42376

Minutes of the Payson City Council Joint Session with the Redevelopment Agency of Payson City held Wednesday, January 2, 2012

6.

7. The overlay zone request is limited to one (1) accessory dwelling in the basement area of the structure. Conversion of the commercial space on the main level to accommodate residential uses is not allowed. The residential use must be clearly incidental and ancillary to the commercial uses of the building.

These items represent the issues that staff found to be inconsistent with the development ordinances of Payson City. The Planning Commission, City Council or staff may require additional information in order to make a well- informed decision.

Approval of an overlay zone is a legislative action of the City Council. The Planning Commission is under no obligation to recommend approval and the City Council is under no obligation to approve the use of the overlay zone. The applicant is entitled to use the property consistent with the requirements of the underlying zone, S-1, Special Highway Service Zone.

Use of the AD-O Overlay Zone is a request for increased intensity in the permitted uses of the underlying zone. Therefore, the applicant must understand that the development rights on the subject property are those found in the underlying zone until, and unless, approved for use of the overlay zone. Moreover, denial for the use of the 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 regulations of the underlying zone.

Recommendation

The applicant is seeking approval for use of the AD-O, Accessory Dwelling Overlay Zone to allow an accessory dwelling in the basement of an existing commercial building. The City Council will need to determine if the applicant has adequately addressed the provisions of Section 19.6.32 of the Zoning Ordinance and has demonstrated that an accessory dwelling is the most appropriate use for the basement area of the building.

On December 12, 2012, the Planning Commission, following a public hearing to receive public input, recommended the City Council approve the use of the AD-O, Accessory Dwelling Overlay Zone contingent upon the completion of the conditions proposed by staff and the accessory dwelling be limited to use by staff of the primary business. The motion was based on the finding that the accessory dwelling is compatible with surrounding uses.

Site and Building Considerations

  • -  Obtain building permit for proposed improvements; satisfy adopted building and fire codes

  • -  Separate utility meter

  • -  Off-street parking

  • -  Landscaping

    Legislative approval of the City Council

- Applicant must demonstrate residential use is appropriate in this location

If use is granted, owner is entitled to use property in accordance with the approval of the City Council

  • -  Must maintain 2:1 ratio of commercial/residential uses

  • -  Residential use must be independent of the commercial area

  • -  Conversion of the commercial space for residential uses will not be allowed

  • -  Future requests to modify the commercial/residential ratio must be reviewed and approved by the City

  • -  Limited to use by staff of the treatment facility

    Councilman Hancock said he recognizes the need and favors it. He did not know that church was being held in the basement of the building and is concerned about the position this might put the city for this to be used as a public building. He wants the use of the accessory dwelling to be limited to staff and not to be considered a residence or for inpatient use.

    Planner Spencer said there was concern of not having proper ingress and egress for public use and the applicant has added a second exit to provide a safe environment.

page3image32752

Off-street parking spaces will need to be provided for the accessory dwelling that will not interfere with the primary purposes of the zoning district. The applicant will need to install signage indicating the reserved

page3image35008

parking spaces for the accessory dwelling.

Page 3

page3image36640
page3image36912

Minutes of the Payson City Council Joint Session with the Redevelopment Agency of Payson City held Wednesday, January 2, 2012

Receiving for further input MOTION by Councilman Hancock to close the Public Hearing. Motion seconded by Councilman Skinner. Motion carried. The public hearing closed at 6:25 p.m.

MOTION by Councilman Hancock to approve the Request for the AD-O Accessory Dwelling Overlay Zone in order to modify a portion of the basement area of an existing building located at 996 West 800 South to accommodate an accessory dwelling and to specify that the apartment be limited to use by staff of the treatment facility only and not to be used by inpatient at any time, finding that it gives an opportunity for business to improve its services. Motion seconded by Councilman Skinner. Motion carried.

MOTION by Councilwoman Ford to amend the agenda and adjourn to Redevelopment Agency Meeting. Motion seconded by Councilman Hancock. Motion carried.

ADJOURN TO REDEVELOPMENT AGENCY MEETING
MOTION by Director Ford to approve the Resolution Establishing the Dates for Regular Meetings of the Agency for 2013. Motion seconded by Director Hancock. Motion carried.

MOTION by Director Skinner to adjourn the Redevelopment Agency Meeting. Motion seconded by Director Hancock. Motion carried.

RECONVENE

DISCUSSION REGARDING THE MEMORIAL PARK MASTER PLAN AND PROPOSED TRAIL AT 200 EAST
MOTION by Councilman Skinner to table the discussion regarding the Memorial Park Master Plan and proposed trail at 200 East. Motion seconded by Councilwoman Ford. Motion carried.

DISCUSSION REGARDING HIDDEN GROVE ESTATES DEVELOPMENT
Planner Spencer explained that the Hidden Grove Estates Planned Residential Development (PRD) is a triangular shaped development located west of 600 East at approximately 1300 South. The development is located near the entrance to Payson Canyon along the Nebo Loop National Scenic Byway. The project consists of thirty-five (35) residential building pads with open space areas and a variety of amenities.

The financial institution that owns the property is interested in selling the project. Dean Ingram and Dave Scoville have expressed an interest in buying the project, but would like to discuss some potential changes to the development layout with the City Council.

Some of

- - - - -

the modifications proposed include:

Redesign of layout to accommodate building lots rather than building pads.
Conversion of the existing clubhouse into a single family dwelling.
Dedication of the common area along Peteetneet Creek to Payson City.
Modify the land use transition methods between the project and Gary’s Meat (slaughter house). Amend the development agreement to modify housing product and amenity package.

Staff has discussed the proposed changes with the applicant and has identified some issues that will need to be addressed during the review process. The applicants are requesting direction from the City Council on these issues before additional time and money is dedicated to the project.

Mayor Moore allowed time for the property owners in attendance to express their concerns.

Heidi Bundy lives at 1106 South 590 East and she said she bought the house because of the clubhouse and the natural environment. She is still interested in using the clubhouse and she enjoys the seclusion of the wooded area.

Councilman Skinner asked why the clubhouse is not being used now and Mrs. Bundy said that the furnishings are gone and she has not known who owns it.

Page 4

page4image30712
page4image30984

Minutes of the Payson City Council Joint Session with the Redevelopment Agency of Payson City held Wednesday, January 2, 2012

Councilwoman Ford clarified that the HOA was in place when the homes were purchased, but was dissolved when the developer went into foreclosure.

Jed McClellan purchased his home at 1186 South 590 East when the development was changing owners and he has not paid any HOA fees, nor has he used the clubhouse. He is concerned, however, that the clubhouse and storage sheds would be taken away. He is also concerned that with the trail becoming city property, his backyard would be public property. He said storage sheds are needed because there is no leeway to make the existing lots larger. He noted that his neighbor Dan Dansie had agreement for use of the clubhouse in trade for the use of the road.

Nathan Allred is concerned about not having the clubhouse and he bought his home on the premise that the open and natural environment would be community property without fences. The storage units are also important to him since that is what he bought into as well.

Ray Stringer owns lot #5and plans to build in the future. He likes the idea of a planned community. He is concerned with not having the ability to fence off the private roads, but generally, unless a development is gated, the public would have access. He feels that building lots rather than pads would allow for CC&R’s that would accommodate larger homes.

The applicant, Dave Scoville said the concerns seem to be for the clubhouse, open space, and the storage units. He noted that they are proposing extending the lot lines to the trail rather than just the building pad and also modifying the CC&R’s. He said eliminating the clubhouse would minimize HOA fees and although having a clubhouse is a great concept, they are very seldom used and big modifications would be required to make it a single family home. Also, the storage units would have to be purchased by the homeowners or leased to the HOA; they were never part of the original agreement.

Mayor Moore emphasized that no decisions are being made tonight; the intention is just to obtain input.

Mr. Scoville agreed that he is just looking for direction and the goal is for a marketable product.

Mary Ann Allred asked what is included in an HOA and Mr. Scoville said that without an HOA the cost for pressurized irrigation would be added to the residents. Also, many of the roads are not the minimum width for city standards and snow removal and maintenance is taken care by the HOA.

Heidi Bundy noted that she pays for the private road to be plowed.

Mayor Moore noted that often HOA’s dissolve after a few years and the residents then want the city to take care of the development. He said that for public safety something would have to be in place to maintain the roads.

City Attorney Sorenson said there will still be private roads that will need to be maintained privately either through an HOA or a homeowners group.

Mr. Scoville suggested a future work session. He said he is not trying to force anything and he wants a nice community. He is hoping to move forward within 60 – 90 days.

Councilman Skinner said he is concerned about the original expectations and he asked what product the new owner is proposing. Mr. Scoville said he would provide the council with plans and elevations of the homes they are currently building.

Councilman Skinner asked what would ensure that the trail area is taken care of if the city doesn’t accept it. Attorney Sorenson said the decisions would be made as part of the proposal approval process and that that if the city doesn’t take on the trail, it would be maintained under an HOA or as private property.

Councilman Skinner asked Planner Spencer to provide him information regarding the CC&R’s for the storage units.

Page 5

page5image33920
page5image34192

Minutes of the Payson City Council Joint Session with the Redevelopment Agency of Payson City held Wednesday, January 2, 2012

Councilman Hancock noted that previous city councils bought into this plan, not just the current homeowners. He likes the development going in the direction it was originally planned and wants to be extremely careful about making changes. He wants to see the wilderness preserved in keeping with the Nebo Loop access.

Councilwoman Ford wondered what the motivation is to go from a building pad to a building lot and Mr. Scoville said that marketability is the key factor. He understands the concerns and wants to have a nice product.

Councilman Hancock said he wants to look for an opportunity to widen the road by Gary’s Meat.

Mayor Moore asked that a work session be scheduled after the developer and the homeowners meet. Mr. Scoville said he would provide a proposal with and without HOA expenses.

ADJOURN

MOTION by Councilman Hancock to adjourn. Motion seconded by Councilwoman Ford. Motion carried. The Council adjourned at 7:30 p.m.

Page 6

page6image10320

Contact:

Please enter your name.
Please enter a subject.
Please enter a valid phone number.
Please enter a message.