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Home » City Government » Planning Commission » Minutes Archive; 2000 - 2002 » Planning Commission Minutes 2002 » August 28, 2002
August 28, 2002
Wednesday, August 28, 2002 at 7:00 p.m. in the Lindon City Center Council Chambers at 100 North State Street, Lindon, Utah.
The Meeting began at 7:04 P.M.
1. MINUTES
Review of the Minutes of July 10, 2002 and August 14, 2002.
The minutes of the regular meeting of July 10, 2002 were reviewed. Corrections were made.
The Minutes of the regular meeting of August 14, 2002 were reviewed. Corrections were made.
2. PUBLIC COMMENT
There was no public comment.
3. NEW BUSINESS (Reports by Commissioners)
Chairman Morse asked if the new stake center on 600 North had been started yet. Mr. Smith replied that there were some site plan issues to work out, like tendering water shares and a right of way from the Alpine School District. Chairman Morse asked if the road would be started soon. Mr. Smith replied that the City had opened the bidding process. Commissioner Peters asked if the Council had approved the motion on this site plan approval as proposed by the Commission. Mr. Smith replied yes.
Commissioner Simister asked if plans had been submitted for the parcel on State Street between the travel agency and Harcliffe Circle. Mr. Smith replied no. Commissioner Simister observed that activity had been noted by neighbors and she had been asked what had been planned for this parcel.
4. MIKE ANDERSON - 600 W. LAKEVIEW DRIVE - DESIGN REVIEW FOR SUBDIVISION
This is a request for a 25-lot subdivision which includes an R2 overlay project as well as an assisted living center.
It was noted that Mr. Anderson was not present to discuss his item. It was decided to take comments from the neighbors present.
Mr. Kevin Gillman observed that the neighborhood had little to offer unless there is another proposed plot plan. He commented that this item had been scheduled for two weeks in a row and Mr. Anderson had not appeared for either meeting. Mr. Smith agreed. Mr. J Var Gillman commented that the present site plan is showing a little more than 15 acres. He asserted that the parcel only contained 13.56 acres total. Mr. Kevin Gillman added that the present site plan would not work if the acreage is reduced this much.
Mr. Robert Jensen asked how many multiple dwellings are allowed in an area. Mr. Smith explained the R2 Overlay ordinance. Commissioner Anderson added that the multiple dwelling application is a separate process from the subdivision and would require more discussion and interaction from the neighborhood before approval. Mr. Jensen expressed concern about only widening part of Gillman Lane and the possible traffic hazards. Commissioner Carpenter answered that this situation often happens because the City does not require a developer to purchase land beyond their own development. This results in streets that widen and narrow. Mr. Smith pointed other streets in Lindon where this had happened.
Commissioner Peters suggested that the Commission schedule a discussion on how large an assisted care center must be before moving out of a residential designation and into a commercial zone. The Commission expressed consensus on consideration of this proposal. Chairman Morse asked Mr. Smith to research a size and definition of an assisted care center that would be reasonable to consider. The Commission discussed how a center may affect traffic as compared to an R2 project and how the different types of residential care and assisted living are defined.
5. OSTLER INDUSTRIAL PARK, PLAT “C” - 175 SOUTH 2000 WEST - PRELIMINARY SUBDIVISION APPLICATION
This is a request for a 1-lot subdivision in the Light Industrial Zone.
6. NORTH GLENN INDOOR SOCCER - 175 SOUTH 2000 WEST - CONDITIONAL USE PERMIT APPLICATION
This is a request for approval of an indoor soccer facility in the Light Industrial zone.
It was noted that Mr. Ahlin was not present yet to discuss these items. COMMISSIONER ATCHISON MOVED TO CONTINUE ITEM FIVE AND SIX TO LATER IN THE AGENDA TO ALLOW THE PROPOSERS TO APPEAR. COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
7. WALKER’S SERVICE STATION/WENDY’S - 790 NORTH STATE STREET - SITE PLAN APPLICATION
This is a request for approval of a new gas station/Wendy’s restaurant at the corner of the future 700 North Street and State Street.
Mr. Smith presented an application submitted by Ivan Walker for a Walker’s Fuel Stop and Convenience Store/Wendy’s location on the corner of 700 North and State Street. He displayed the proposed site plan, described the buildings and driveway access for the site in comparison to the existing station. Commissioner Peters asked Mr. Walker about UDOT approval for access from State Street. Mr. Walker replied that the driveways shown on the site plan have been approved by UDOT.
Commissioner Carpenter asked Mr. Walker if the City decides to put a concrete median in 700 North in the future, will the median create access problems for the business. Mr. Walker answered that the only problem it may create will be for left turn truck access from 700 North. Commissioner Anderson expressed a concern about customers coming out of the station conflicting with vehicles turning right off of State Street. Mr. Walker pointed out that City Engineer Mark Christensen had requested a deceleration lane, so the planter strip had been narrowed to allow for it.
Commissioner Peters commented on the reduced landscaping shown where the deceleration lane was created. Mr. Walker agreed that it had been reduced from 20 feet to 10 feet. He added that there is 20 feet on State Street and a large area of landscaping in the corner. Mr. Smith observed that if the Planning Commissioners require the full landscaping the station can be moved north 10 feet. Mr. Walker objected to moving the station and suggested that this may move the station partly into Pleasant Grove.
Commissioner Peters asked Mr. Walker to demonstrate how he plans the circulation of vehicles on the site. He asked if there may be conflict between the larger truck traffic accessing the truck island and passenger vehicles. Mr. Walker replied that this location would not market to bring the truck traffic off the freeway, but would cater to the off-road dyed diesel market (contractors and farmers) with a card lock system. He also anticipated some diesel sales to motor homes and local utility trucks.
The retention area on the Pleasant Grove side was pointed out by Mr. Walker. He commented that the overflow will be directed to Lindon. Commissioner Anderson verified the location of the nearest Lindon storm drain collection box by Niels Fugal & Sons Construction. Commissioner Carpenter asked about parking. Mr. Walker replied that there are 50 spaces planned around the building and between the entrances. He added that there is trailer and large vehicle parking in the back. Chairman Morse asked about plans for a sign. Mr. Smith observed that the City is negotiating for a “Welcome to Lindon” sign on the corner. Mr. Walker commented that a monument sign is required in Lindon, so he may put his pole sign in Pleasant Grove.
The deceleration lane was discussed. Commissioner Peters commented that he would like to see if there is another way of doing the deceleration lane that would preserve the landscaping. Mr. Walker asked about decorative rock rather than sod. He was encouraged to explore this possibility.
COMMISSIONER PETERS MOVED TO APPROVE THE REQUEST BY IVAN WALKER FOR SITE PLAN APPROVAL FOR A WALKERS SERVICE STATION/WENDY’S AT 790 NORTH STATE STREET WITH THE CONDITIONS THAT THE CITY ENGINEER WORK WITH THE WALKER ENGINEERS TO FIND A SOLUTION THAT WILL ALLOW A DECELERATION LANE AND PRESERVE 20 FEET OF LANDSCAPING RATHER THAN 10 FEET.
Mr. Smith suggested that the motion include a statement that the City finds the 700 North access adequate, but it may be necessary to alter the entrances in the future to change a hazardous situation.
COMMISSIONER PETERS MOVED TO INCLUDE THE ADDITIONAL CONDITION IN HIS MOTION THAT WOULD ALLOW RE-EVALUATION AND POSSIBLE CHANGING OF THE ACCESSES ON 700 NORTH IF THE CITY DETERMINES THAT A HAZARDOUS SITUATION HAS DEVELOPED. COMMISSIONER ANDERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR.
5. OSTLER INDUSTRIAL PARK, PLAT “C” - 175 SOUTH 2000 WEST - PRELIMINARY SUBDIVISION APPLICATION
This is a request for a 1-lot subdivision in the Light Industrial Zone.
The Commission returned to item five as Mr. Ahlin was now present. Mr. Smith observed that the next two items are interrelated.
Commissioner Anderson verified the ownership of the neighboring parcels. Mr. Ahlin confirmed that the Fords owned the parcel to the north. Mr. Smith informed the Commissioners that the site incorporates a shared driveway over the storm drain ditch on 2000 West as part of the access management plan for 2000 West. The width of the driveway was discussed and was determined to be about 30 feet. Commissioner Anderson asked if the driveway would be shared with the Ford parcel. Mr. Ahlin answered yes. Commissioner Peters suggested that the culvert be widened. Mr. Ahlin replied that they would prefer this approach since the Fords had other accesses approved further north. Commissioner Anderson verified that the access management plan did not preclude widening a culvert in the future. Mr. Smith agreed. The other culvert accesses that were approved were pointed out and discussed.
Chairman Morse asked if this lot existed before this time. Mr. Smith replied that this is a remainder parcel from a previous plat. Commissioner Carpenter asked if there were engineering concerns with the elevations. Mr. Smith replied that the site is located in a flood zone and the buildings must be built one foot above it. Chairman Morse confirmed that the engineers had reviewed and approved the site plan. Parking was discussed.
COMMISSIONER CARPENTER MOVED TO APPROVE THE REQUEST BY MIKE AHLIN FOR PRELIMINARY SUBDIVISION PLAT APPROVAL FOR OSTLER INDUSTRIAL PARK, PLAT “C,” A ONE LOT SUBDIVISION AT 175 SOUTH 2000 WEST. COMMISSIONER ATCHISON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
6. NORTH GLENN INDOOR SOCCER - 175 SOUTH 2000 WEST - CONDITIONAL USE PERMIT APPLICATION
This is a request for approval of an indoor soccer facility in the Light Industrial zone.
(Commissioner Sweeten arrived at 8:23 p.m.)
Commissioner Anderson asked if this was the same group that had applied for the land use table amendment last year. Mr. Smith replied affirmatively. He displayed the elevations of the building and commented that the plans did not show the percentages of architectural treatment on the metal walls. He informed Mr. Gerald Brower, representing North Glenn Indoor Soccer, that the sides and back of the building are required to have 25% of brick, stucco or other architectural treatment and that the front is required to have 30%.
Chairman Morse asked Mr. Brower about the use of the building. Mr. Brower replied that this is a practice facility for youth soccer and will be used to teach and train them in skills. Chairman Morse asked what landscaping was planned. Mr. Smith informed the Commissioners that the ditch is included as part of the landscaping requirement. Mr. Brower answered that they planned 20 feet of landscaping in front behind the ditch and on the south side of the lot. Commissioner Simister asked for an update on the ditch and the access management plan. This was explained to her by Mr. Smith.
Commissioner Anderson verified that there is no access to 1800 West from this parcel. Chairman Morse asked if there would be a problem complying with the exterior architectural treatment requirement. Mr. Brower replied no. Mr. Smith informed Mr. Brower that cinder block is not considered decorative block. Commissioner Peters expressed the opinion that he would like to see the revised elevations at the next Planning Commission meeting. Chairman Morse agreed.
Chairman Morse asked if there was further comment. Commissioner Simister asked about the layout of the rooms inside the building. These were identified.
COMMISSIONER CARPENTER MOVED TO APPROVE THE REQUEST BY GERALD BROWER FOR A CONDITIONAL USE PERMIT FOR NORTH GLENN INDOOR SOCCER AT 175 NORTH 2000 WEST WITH THE FOLLOWING CONDITIONS:
1. SUBJECT TO APPROVAL OF THE OSTLER INDUSTRIAL PARK, PLAT “C” BY THE CITY COUNCIL, AND
2. REVIEW OF THE REVISED BUILDING PLAN BY THE PLANNING COMMISSION TO ENSURE IT MEETS THE CURRENT REQUIREMENTS.
COMMISSIONER SWEETEN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
8. PLANNING COMMISSION REVIEW ITEM - HOME OCCUPATION PERMITS
1. Hoffman Glass - 928 East 110 South
Mr. Dan Hoffman of Hoffman Glass was present. Mr. Smith displayed an aerial photo to ascertain the location for the Commission. He observed that the purpose of this review is not to run Mr. Hoffman’s business out of the neighborhood, but to address the concerns of the neighborhood. He described the neighborhood meeting that was presided over by Councilmember Jeff Acerson and commented that he is still getting calls from some of the neighbors. Mr. Smith informed the Commissioners that the City Council did approve the amendment to the home occupation ordinance which allows one employee parked off street per home occupation business. He pointed out the changes in the ordinance in clause 5(c) and 5(j). Chairman Morse asked Mr. Hoffman to give the Commission a description of his business. Mr. Hoffman replied that he fabricates shower doors and mirror for new construction. He buys materials in full sheets, cuts and assembles them, then his employee takes them to the job site and installs them. Chairman Morse asked how many hours his shop is operating. Mr. Hoffman replied that he personally puts in 60 hours a week, but not all at the shop. He estimated that he put in about 40 hours per week at the shop and his employees less.
Chairman Morse asked how many employees Mr. Hoffman employed. Mr. Hoffman replied that when these complaints occurred he had three full-time employees and one part-time employee due to a large project. He has since scaled down to one full-time employee and one part-time employee. He has made efforts to keep the street clear for traffic. He explained the changes he had made to the delivery of his supplies.
Councilmember Acerson, present in the audience, commented that the neighborhood had a legitimate issue. He observed this block of homes had two businesses across from each other that, at times, would obstruct the street. He reported that the neighborhood meeting was held to address the issues and find solution. Councilmember Acerson informed the Commission that Mr. Hoffman has made a good faith effort to solve the problems. He added that he had received no complaints since the meeting.
Chairman Morse suggested to Mr. Hoffman that if he solves the problem with the employee’s vehicle, he will be in compliance. Commissioner Peters suggested that Mr. Hoffman maintain a “low profile” and be aware of how his actions affect those around him. Mr. Smith suggested that the Commission give Mr. Hoffman direction and then review his operations again in six months. Commissioner Peters expressed the opinion that a review was unnecessary unless there were more complaints. Councilmember Acerson suggested that if complaints are received that the City investigate and then report back to the author of the complaint whether or not there are violations of the code. He added that, hopefully, this approach would alleviate their concerns. The Commissioners agreed that if there are no complaints, there is no need for further review.
2. Farr Excavation - 623 West 20 South
Mr. Smith informed the Commission that this home occupation business had complaints similar to the previous one. This business is located next door to Creekside Park. He reported that the primary complaints of this business are employee cars on the street and equipment storage on the owner’s lot and in the street. He displayed pictures showing the employee cars on the street and large equipment stored on the street and in the yard.
Mr. Scott Farr acknowledged that the red car shown in the photo belongs to his employee. He asserted that the reason the car and the equipment are left on the street is for the convenience of his neighbor who is using his driveway to access their yard for a construction project at the present time. He reported that typically he has three full-time employees and himself working his excavation business. He also asserted that, for the most part, the equipment is left on the job except for the dump truck, which is backed into his lot and is parked in the very rear.
Mr. Smith replied that the business owner was here to discuss the employee parking and the compatibility of the equipment. He pointed to the ordinance and the phrase “clearly customary” and asked if parking large equipment is a clearly customary action in a residential neighborhood. Mr. Farr acknowledged that the pictures had been taken at a bad time and was not the normal situation. Chairman Morse expressed the opinion that the equipment does “not seem to fit” the residential character of the neighborhood. Mr. Farr replied that normally the one piece of equipment is only there at night.
Councilmember Acerson suggested that the Commissioners drive by and observe the property themselves on a regular basis. He added that then they could decide if the equipment was appropriate to the neighborhood. Commissioner Peters cautioned that there is a fine line before a business becomes offensive to the neighbors. He forewarned Mr. Farr to be aware of the ordinances and to keep a low profile.
Mr. Farr agreed that his equipment does not belong in front of the park. He acceded to the need to be sensitive to his neighbors and not to bring his equipment home. He added that he would try to keep a good relationship with his neighbors, but he needs the dump truck for his business. Commissioner Atchison reminded him to provide parking for his employee off street. Commissioner Sweeten also reminded him to not stage his employees from the home and have them report to the job site rather than the home.
Mr. Smith asked the Commissioners if they considered the dump truck and backhoe as clearly incidental. Commissioner Sweeten suggested that Mr. Farr try to keep them away from his home. Mr. Smith informed Mr. Farr that he could build an accessory building on his property for storage of the truck and other equipment which could help him comply with the ordinance. Commissioner Carpenter warned Mr. Farr that his equipment does not fit the description of “clearly customary” and if the neighbors decide to push the issue, the Commission may have to render a hard decision. He thanked Mr. Farr for coming.
9. LANCE LARSON - 370 NORTH STATE STREET - EXPANSION OF NON-CONFORMING USE APPLICATION - PUBLIC HEARING
This is a request for approval to add an addition on to the existing non-conforming building next to the Pizza Factory.
Mr. Smith informed the Commission that Mr. Larson was not present.
10. C&C MARBLE - 1555 WEST 200 SOUTH - CONDITIONAL USE PERMIT AMENDMENT APPLICATION
This is a request to amend the current site plan to allow for an addition to the existing building.
Mr. Sid Clements and Mr. Calyn Clements were present. Mr. Smith displayed an aerial photo and photographs of the subject property. He commented that staff is starting a west side beautification project this winter to solve some problems with outside storage and landscaping violations. The objective of this project is to improve the look of Lindon’s industrial zone. This proposal would allow this business to upgrade their own appearance.
Commissioner Carpenter asked if the business did some retail traffic. Mr. Sid Clements replied that they did not do a huge volume of retail, but they are closing their Orem showroom and this new building will allow them to visually improve their warehouse property to be more inviting to customers. Commissioner Carpenter commented on the surrounding aesthetics issues with his neighbors.
Chairman Morse asked Mr. Clements about the fencing. Mr. Clements replied that there is a chain link fence in front. Chairman Morse asked if he anticipated outside storage. Mr. Clements replied that they would have no outside storage once the building was constructed. He pointed out a storage container that they are using now. He added that most products they use for their business don’t like to get wet and dusty. Some inoperable vehicles on the property were discussed. Mr. Clements was asked how long he needed to remove them. Mr. Calyn Clements replied that they would have the vehicles removed in 24 hours.
COMMISSIONER PETERS MOVED TO APPROVE THE REQUEST BY C & C MARBLE FOR AN AMENDMENT TO THEIR CONDITIONAL USE PERMIT ALLOWING FOR THE CONSTRUCTION OF AN ADDITIONAL BUILDING AT 1555 WEST 200 SOUTH SUBJECT TO THE MAINTENANCE OF THE EXISTING LANDSCAPING IN A REASONABLE MANNER AND THE REMOVAL OF ALL INOPERABLE AND UNLICENCED VEHICLES. COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
11. MOUNTAIN VIEW MARKETING - 214 NORTH 1800 WEST - CONDITIONAL USE PERMIT AMENDMENT APPLICATION
This is a request to amend the current site plan to allow for an addition to the existing building.
Mr. Brandon Lundin, Mr. Mark Eisele and Mr. Steven Pugmire were here to represent Mountain View Marketing. Mr. Smith displayed the area and informed the Commission that the applicants had a storage problem to address. They are applying for an addition similar to their existing building. He displayed the site plan and commented that they would have an additional loading bay, parking and storm detention. Mr. Smith informed the Commission that there were no concerns by staff on the site plan.
Commissioner Peters asked if there would be an additional driveway. Mr. Smith replied yes. Chairman Morse asked how trucks would back into the loading bay. Mr. Eisele demonstrated on the site plan how trucks would pull into the parking lot and back into the loading bay.
Commissioner Carpenter asked if there were any other concerns by staff. Mr. Smith replied with a reminder that the Commissioners had decided that cinder block does not comply with the architectural treatment standard for buildings. Commissioner Peters agreed that the decision had been to require either all decorative block or a pattern of blocks. Mr. Eisele commented that they had planned the same front elevations so the addition would blend with the existing building. Mr. Smith commented that the block should be the same type on the sides and back as the front. Chairman Morse asked if this would be a major issue for the business owners. They replied no.
Chairman Morse asked if there were other issues. The applicants pointed out that the back of their building was cinder block. They asked that the obscured back section be allowed to remain cinder block and the visible sides and front would be decorative split face block in order that the whole building looks the same. The Commissioners agreed.
COMMISSIONER ANDERSON MOVED TO APPROVE THE REQUEST BY MOUNTAIN VIEW MARKETING FOR AN AMENDMENT TO THEIR CONDITIONAL USE PERMIT ALLOWING FOR THE CONSTRUCTION OF AN ADDITION TO THEIR BUILDING ON THE CORNER OF 1800 WEST 200 NORTH WITH THE CONDITION THAT THE SPLIT FACE BLOCK BE PUT ON THE SOUTH AND WEST SIDES OF THE ADDITION AND TO CONTINUE THE EXISTING CINDER BLOCK ON THE BACK. COMMISSIONER PETERS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
12. PLANNING DIRECTOR’S REPORT
Mr. Smith reported that Mr. George Schaeffer of Schaeffer Industries had called and emailed informing him that the company needs to keep the existing building open for now. He suggested a letter from City Engineer Mark Christensen and Chief Building Official Phil Brown concerning bringing the building up to safety standards. The requirements were discussed and it was decided that a letter from staff was sufficient.
Mr. Smith reported that Hub Cap City was scheduled for a review on September 25. He added that there was no apparent improvement in the site. He informed the Commission that the picture updates requested at the last meeting they appeared had only been tendered once and not once a month.
The Commissioners discussed staff reports, home occupations and complaints and policy issues.
ADJOURN
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