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Home » City Government » Planning Commission » Minutes Archive; 2000 - 2002 » Planning Commission Minutes 2001 » January 24, 2001
January 24, 2001
The Lindon City Planning Commission held a regularly scheduled meeting on Wednesday, January 24, 2001 in the Lindon City Council Chambers at 100 North State Street, Lindon, Utah.
Conducting: Ron Anderson
Invocation: Evan Nixon
PRESENT
Ron Anderson, Chairman
Lori Atchison, Commissioner
Bill Johanson, Commissioner
Lucky Morse, Commissioner
Evan Nixon, Commissioner
Jim Peters, Commissioner
Lindsey Bayless, Councilmember
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk ABSENT
Jeff Southard, Commissioner
The meeting began at 7:13 P.M.
BUSINESS
1. Approval of Minutes
The minutes of January 10, 2001 were scheduled for review.
The minutes of January 10, 2001 were reviewed. The following corrections were made:
Page 4, Line 36: Add an “s” to the end of the word “Commissioner.”
Page 5, Line 31: Replace the word “Street” after the word “Canal” with the word “Drive.”
Page 5, Line 33: Replace the word “culdesacs” with the word “cul-de-sacs.”
Page 5, Line 39: Replace the word “culdesacs” with the word “cul-de-sacs.”
Page 7, Line 9-18: Insert the following phrases before the word “conditions,” “FOLLOWING FINDINGS:
1. THAT SINCE THE LOCATION OF THE SUBJECT PROPERTY LIES ON THE BORDER WITH PLEASANT GROVE,
2. THAT THE LOT AND BUILDING ARE A LEGAL NON-CONFORMING SITE IN ITS CONFIGURATION WITH STATE STREET,
3. THAT THE PLANTER BOX IS REQUIRED BY THE CITY TO MEET THE LANDSCAPING ORDINANCE FOR COMMERCIAL ZONES,
4. AND THAT THE PROXIMITY OF THE PLANTER TO THE SIDEWALK MAY PRESENT A PEDESTRIAN SAFETY ISSUE,
AND SETS THE FOLLOWING.”
Page 7, Line 18: Add an “S” to the end of the word “CONDITIONS.”
Page 7, Line 19,21: Itemize the two conditions as “1" and “2.”
Page 9, Line 17: Add an “S” to the end of the name “PETER.”
Page 10, Line 24: Replace the word “beeback” with the word “feedback.”
Page 11, Line 9: Replace the word “is” before the word “bought” with the word “has.”
Page 12, Line 9: Add the phrase “THAN WOULD BE ALLOWED BY THE STANDARD CRITERIA,” before the word “then.”
THE MINUTES WERE APPROVED AS CORRECTED BY CONSENSUS OF THE COMMISSIONERS PRESENT.
2. Public Comment
There was no public comment.
3. New Business - Reports by Commissioners
Commissioner Johanson reported a problem with too many cars on site at a dealership located at 190 South State Street.
Commissioner Morse expressed an interest in the project to reconstruct the detention ponds at 900 East 835 North. Mr. Smith explained that the project would correct a drainage problem and create a recreation area for residents.
Commissioner Nixon asked Councilmember Bayless to report the Council’s action on items previously reviewed by the Planning Commission. Councilmember Bayless reported on the Council’s discussions of the General Plan, cul-de-sacs, billboard relocation, cellular telephone tower, and building height in the Hillside Overlay District.
Commissioner Peters inquired into the requirements for building permit issuance on partially-developed building lots. Mr. Smith replied that the requirements are generally set by the building inspector.
Elections for a new Chairman and Vice-Chairman were held. Commissioner Morse was elected the Chairman for 2001. Commissioner Peters was elected the Vice-Chairman for 2001.
4. Aseptic Services - 85 South 1385 West - Conditional Use Permit - Warehousing and Storage
This is a request for approval to operate a warehousing and storage facility for the transfer and shipping of medical waste.
Planning Director Kevin Smith reviewed this application’s history with the Planning Commission. He directed the Commissioners’ attention to a memo submitted by City Attorney Gordon Duval. He reported on a visit from the former General Manager, Steve Miller, who had disclosed that the owner, Mr. David Kalii, had been hospitalized. There was no representative present for Aseptic Services.
Mr. Smith read a section of the memo from Mr. Duval, “Aseptic Services has shown in the past a disregard for rules, requirements, and conditions imposed on them by cities. Based on this history of irresponsibility, Lindon can assert that it is impossible for Aseptic Services to give reasonable assurance that the conditions the city imposes on them will be complied with.” Chairman Anderson observed that Lindon City had given Aseptic Services 7 months to meet the Planning Commission’s conditions for a conditional use permit. Commissioner Peters commented further that the business had been operating illegally throughout this time period. They had not paid the fine imposed by Orem City, and if they walked away from their Lindon operation, clean-up would need to be considered. Mr. Smith disclosed that if a fine was levied by Lindon City for illegal operation and clean-up, he considered it uncollectible. However, he had made inquiries of the State Department of Hazardous Waste to see if their fund could be used for clean-up. He also reported that the employees had not been paid and many had left.
Commissioner Peters suggested a lien on the equipment in the facility and contacting the property owner. Mr. Smith asked the Commissioners if they would like him to further pursue inquiries of the fund at the State Department of Hazardous Waste. The Commissioners agreed. Commissioner Johanson wondered if additional medical waste was being picked up and delivered to the warehouse. It was disclosed by former employees present in the audience that some operations were continuing. Commissioner Peters suggested legal action to stop operation of the business. Mr. Smith said that he would consult with the City Attorney. Commissioner Johanson asked the former employees how many hospitals were disposing their medical waste with Aseptic Services. The former employee named several in Idaho, Utah and Arizona. Commissioner Morse suggested locking the doors on the facility. Mr. Craig Troon, a representative from Young Electric Signs present to discuss a later item with the Planning Commissioners, disclosed that the hospitals may have a continued responsibility for the disposal of the medical waste. Commissioner Peters suggested contact of the hospitals.
COMMISSIONER NIXON MOVED TO DENY THE REQUEST BY ASEPTIC SERVICES FOR A CONDITIONAL USE PERMIT AT 85 SOUTH 1380 WEST IN WESTLIND INDUSTRIAL PARK BECAUSE OF A DISREGARD AND FAILURE TO COMPLY WITH THE CONDITIONS IMPOSED IN PREVIOUS APPLICATIONS TO LINDON CITY AND WITH OTHER UTAH COUNTY CITIES. IT IS THE FINDING OF THE PLANNING COMMISSION THAT IT IS IMPOSSIBLE FOR ASEPTIC SERVICES TO GIVE REASONABLE ASSURANCES THAT ANY CONDITIONS THE CITY IMPOSES ON THEM WILL BE COMPLIED WITH. THE PLANNING COMMISSION RECOMMENDS THAT FINES BE IMPOSED ON THIS ILLEGAL BUSINESS, THAT ACTIONS NECESSARY TO REVOKE ASEPTIC SERVICES’ STATE LICENSES BE TAKEN, AND MEANS TO EFFECT CLEAN-UP OF THE SITE OF ALL MEDICAL WASTE BE PURSUED. COMMISSIONER MORSE SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
5. Reactive Metals and Alloys - 1820 West 200 South - Amended Conditional Use Permit
This is a request for approval to construct an outside storage area for a reagent transfer operation.
Mr. Smith told the Commissioners that the applicant had approached the Development Review Committee with their amended site plan to add an asphalt pad and storage containers for the proposed transfer area. He disclosed that their plans had been reviewed and approved by Fire Marshal Mark Hales. He reported that staff had some concerns that the storage proposed would conflict with the required parking stalls for the building.
Chairman Anderson commented that this site had experienced an explosion a few years ago, and wondered if this application would be setting up a similar scenario. Mr. Michael R. Dunn, Mr. C.W. Schwartzmiller and Mr. Wayne Sharp were in attendance to represent the interests of Reactive Metals and Alloys. They explained the differences in the previous operation and the present proposal as using pre-blended magnesium and lime where before the operation was blending the chemicals on site. Chairman Anderson asked if moisture was a danger. Mr. Schwartzmiller revealed that moisture could be a hazard and that’s why the operation would only be conducted in dry weather.
The Councilmembers discussed the operation and its location on the site. The number of employees and the parking needs of the business were discussed. Mr. Schwartzmiller disclosed that 2 employees were operating the business and their preferred parking locations. The Commissioners and the representatives discussed the possibility of fire and the distances from neighboring property lines and buildings.
Commissioner Peters asked if the State regulated the quantity of material on a site. Mr. Schwartzmiller said that standards of quality and handling are set but not quantity. The details of how the blended magnesium is delivered and stored were discussed. The steps and procedures taken to fill the truck trailers were examined. The number and size of the super sacks on storage and the number of full trailers needed were addressed. Commissioner Morse questioned the operation’s noise level. Mr. Schwartzmiller disclosed that only a forklift would be used. Questions on measures to limit chemical dust and leakage of super sacks were asked and answered.
COMMISSIONER NIXON MOVED TO APPROVE THE REQUEST BY REACTIVE METALS AND ALLOWS FOR AN OUTDOOR REAGENT TRANSFER AREA AND A BOX TRAILER STORAGE AREA WITH THE FOLLOWING CONDITIONS:
1) A MAXIMUM OF 4 CONTAINER TRAILERS BE ON SITE,
2) A MAXIMUM OF 1 FULL PNEUMATIC MAGNESIUM TRAILER BE ON SITE,
3) NO OTHER OUTSIDE STORAGE BE ALLOWED.
4) THE STORAGE CONTAINERS WILL BE PARKED ON THE WEST SIDE AND THE LOADING AREA WILL BE ON THE EAST SIDE OF THE BUILDING AS INDICATED ON THE SITE MAP.
COMMISSIONER MORSE SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
5) Powell Garage Doors - 1280 West 200 South - Conditional Use Permit - Pole Sign
This is a request for approval to construct a pole sign along I-15.
Mr. Smith introduced this application to the Planning Commission. He noted that pole signs are required by ordinance to be reviewed. Commissioner Nixon asked for particulars on location and the sign’s proximity to adjacent properties and existing buildings. Mr. Dave Powell of Powell Garage Doors was present and described the location. The size of the sign was discussed. Commissioner Morse asked questions about lighting of the sign. Motion signs and reader boards were compared. Commissioner Nixon verified that the sign would be placed perpendicular to the freeway.
COMMISSIONER JOHANSON MOVED TO APPROVE THE REQUEST BY POWELL GARAGE DOORS FOR A CONDITIONAL USE PERMIT FOR A POLE SIGN. COMMISSIONER NIXON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
6) Billboard Relocation - 400 North I-15
This is a request to relocate a billboard to the east side UDOT rest stop property because of the I-15 off ramp construction project. The current billboard location conflicts with the west side south bound off ramp location.
Mr. Smith introduced and reviewed this application for the Planning Commission. He observed that the original sign would be moved to a new location. Commissioner Nixon questioned Mr. Craig Troon of Young Electric Signs on the support structure for the sign. Mr. Troon disclosed the method used as single pole construction. He divulged that the property was being bought by Goodfellow and the new owner had requested the sign be as far south as possible. Chairman Anderson observed that access to the ditch on the southeast border of the property needed to be maintained. The size of the sign was discussed. The setbacks from the property lines were noted as 10 feet. The lease and House Bill 234 were discussed.
COMMISSIONER NIXON MOVED TO APPROVE THE REQUEST BY YOUNG ELECTRIC SIGNS TO RELOCATE THE EXISTING BILLBOARD TO THE EAST SIDE UDOT REST STOP WITH THE CONDITION THAT THE EDGE OF THE BILLBOARD BE LOCATED A MINIMUM OF 10 FEET FROM ANY PROPERTY LINE. COMMISSIONER JOHANSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mr. Smith presented a proposal for a “stucco” siding substitute by Skywriter Signs. He showed them a sample of the product. Commissioner Morse suggested staying with the ordinance requirements. The Commissioners agreed by consensus to require stucco or brick siding as required by ordinance and not to allow the “stucco” substitute.
ADJOURN
The Commission adjourned at 8:56 P.M.
Certified as Correct, February 14, 2001
__________________________________
Loren Morse, Chairman
attest,
_________________________________________
Kevin Smith, Planning Director |
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