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Home » City Government » Planning Commission » Minutes Archive; 2000 - 2002 » Planning Commission Minutes 2001 » July 11, 2001
July 11, 2001
The Lindon City Planning Commission held a regularly scheduled meeting on Wednesday, July 11, 2001 at 7:00 P.M. in the Lindon City Council Chambers at 100 North State Street, Lindon, Utah.
Conducting: Loren Morse
Invocation: Lori Atchison
PRESENT
Loren Morse, Chairman
Ron Anderson, Commissioner
Lori Atchison, Commissioner
Bill Johanson, Commissioner
Evan Nixon, Commissioner
Jim Peters, Commissioner
Lindsey Bayless, Councilmember
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
Dan Wolfley, Planning Intern
Matt Perkins, Planning Intern
ABSENT
Jeff Southard, Commissioner
The Meeting began at 7:10 P.M.
BUSINESS
1. Approval of Minutes
The Minutes will be reviewed on July 25, 2001.
2. Public Comment
There was no public comment. Chairman Morse announced that the agenda had been amended and was available at the back of the room. The amended agenda had been posted on Monday, July 9, 2001.
3. New Business (Reports by Commissioners)
The Commissioners had no new business to report.
4. Utah Auto Sales - 52 North State Street - Temporary Conditional Use Permit
This is a request by the applicant for approval of a two-year permit to sell cars on the property on the corner of State Street and 60 North.
Mr. Smith informed the Planning Commission that the City has leased the parcel of ground across from the City Center to Mr. Kevin Gallagher of Utah Auto Sales for an overflow sales lot. One of the conditions of the lease is that the cars will not be parked any closer than 20-feet behind the fence on State Street. As part of the lease, Mr. Gallagher has installed fence along 60 North Street and put in trees. The lease is for a period of two years. He has applied for a temporary conditional use permit to sell cars.
Commissioner Anderson commented that the problem with cars on State Street has mostly been alleviated by the addition of this sales lot to the business. He observed that some cars were being parked on 60 North Street that partially blocked the drive into the City Center. Mr. Gallagher noted that he had freed up the customer parking area on his main lot and was trying to keep both the customer cars and his cars off of State Street. Commissioner Peters noted that the parking had been a problem in the past. Mr. Smith suggested that Mr. Gallagher stripe and mark the customer parking in his main lot so that the patrons would use that instead of State Street and to keep the parking on 60 North Street to the absolute minimum.
Chairman Morse asked about Mr. Gallagher’s plans for lighting the lot. Mr. Gallagher replied that he would have 10 foot lights directed down put on the south edge of the lot. Commissioner Anderson suggested having the curb painted red on 60 North Street. Mr. Smith agreed to check with the public works director on this.
COMMISSIONER PETERS MOVED TO APPROVE THE REQUEST BY UTAH AUTO SALES FOR A TEMPORARY CONDITIONAL USE PERMIT FOR A 24-MONTH PERIOD FOR USED AUTO SALES FOR THE PROPERTY AT 52 NORTH STATE STREET. COMMISSIONER ANDERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
5. Cindy Evans - 380 North Gillman Lane - Conditional Use Permit
This is a request by the applicant for approval to keep a stallion on her property.
Chairman Morse invited Ms. Cindy Evans to the front table. Councilmember Bayless declared a conflict of interest and abstained from the proceedings. Mr. Smith reminded the Commissioners that this item had been discussed at the previous meeting. His messages had not been received by Ms. Evans and she had not been present. He explained that the neighbors had been complaining of problems with her animals (horses.) She had a stallion on her property, which is a ˝ acre parcel. The Lindon City Code requires a conditional use permit to keep a stallion on parcels less than one acre. He reviewed some of the information submitted to the last meeting including concerns that the stallion did not have an adequate enclosure, either in size or strength, reports from the neighbors and police of loose animals, and concerns for the upkeep and maintenance of the animals.
Chairman Morse asked Ms. Evans her plans for the horses. Ms. Evans told the Commissioners that the stallion had a 30 X 40 enclosure that she had reinforced recently. She had moved another mare out of the property. She asserted that the stallion had never been out loose, although some of the mare had. She invited the Commissioners to come and see that her animals were not neglected or underfed. She did admit that she had a sick animal at the present time on the property that belongs to her mother. The horse has had hepatitis and is under a veterinarian’s care. She also admitted that she does not own a truck and so has run out of hay occasionally “for only a few hours.” She explained that the problems with loose horses had been caused by a leased mare that continually broke the fences down. The mare was no longer on the property.
Commissioner Nixon observed that there were many of her neighbors showing concern for the stallion being in with the mares and foals, and the number of animals there. Ms. Evans asserted that mares usually do not sifle in the winter and if the stallion was mean or aggressive he would have been sold before now, besides the stallion was too young. Commissioner Nixon asked her if she had not been concerned that the stallion would hurt the foals. He pointed out that one of the mares had sifled and been bred by the young stallion. She asserted that the stallion was not aggressive.
Commissioner Anderson asked how old the stallion was. She replied that he was three years old and a registered Appaloosa. He asked how many horses were presently on the property. She answered that she had the stallion, 3 mares and 2 foals. There was discussion that the foals did not count in the total limit until they were 6 months old. She also advised the Commissioners that one mare was sold and would be delivered in September to the new owner. Mr. Smith commented that the ordinance allowed 4 horses on ˝ acre.
Commissioner Anderson asked Ms. Evan’s Evans’s future plans for the stallion. Ms. Evans announced that she planned to sell the stallion. In the meantime, he was not available for outside mares. Commissioner Johanson observed that it may not be appropriate to have a stallion at stud in a residential neighborhood on a ˝ acre lot. Ms. Evan Evans again asserted that if the stallion was mean, he would be gelded and sold immediately. Commissioner Anderson agreed that it may be inappropriate to have a standing stallion in a neighborhood.
Commissioner Peters asked how often Ms. Evans worked with the stallion. She replied that she had worked with him less lately, but still exercised him at least once a week. Commissioner Nixon, referring to the neighbors letters, commented that not only the horses were loose, but that one neighbor reported problems with ducks and chickens destroying his yard. Ms. Evans said that she had three ducks. Commissioner Nixon asked Ms. Evans how many times the mares had been out of the enclosure. Ms. Evans replied that her daughter had not latched the gate tight once, the aforementioned mare had knocked down the chain link fence several times. She admitted that at one period, it seemed that she was putting them in all the time. She asserted that the problem mare was no longer on the property and it had been a long time since the horses had been out.
Commissioner Peters questioned Ms. Evans on the age of the foals. Ms. Evans reported that the foals had been born in May. Commissioner Peters commented that the foals would be 6 months in October and she would be over the total limit of animals again. Ms. Evans commented that one mare would be gone in September and she had one foal sold which would also be gone in September. That would leave her the stallion, 2 mares, and one foal and bring her back to 4 total horses again. Commissioners Peters and Anderson observed that keeping the maximum number of horses on ˝ acre, especially since one was a stallion, could be a problem. Commissioner Peters felt there was not enough pasture there for 4 horses. That would require more maintenance. Commissioner Anderson asked her what she did with the manure. She replied that she allowed it to be trampled in. Commissioner Anderson suggested that a weekly cleanup in the winter may be needed. He also commented that as the stallion got older, he would need a more substantial enclosure. She acknowledged this as true. There was a discussion on her electric fence.
Commissioner Peters questioned Ms. Evans on her plans to sell the stallion. He asked her if the stallion was for sale now. She replied that she had placed an advertisement for him two weeks ago. Commissioner Peters asked her how long it would take her to sell him. Commissioner Nixon agreed that the best solution may be to sell the stallion. He asked her if it would take two weeks to sell the stallion. The price of the stallion was asked and the fact that he was a registered Appaloosa was verified. Commissioner Peters felt it may not take her long to sell the stallion.
Chairman Morse brought up the concerns of the neighbors. Ms. Evans asserted that she had made one of her neighbors mad at her and she had gone around and turned the other neighbors against her. Chairman Morse told Ms. Evans that they had 9 letters with detailed complaints. He expressed the opinion that the situation required some mitigation and the concerns of the neighbors be addressed. Commissioner Anderson suggested that City may use the nuisance ordinance to help alleviate the neighbor’s complaints. Ms. Evans asked to see the letters. She was given them to read.
Commissioner Nixon suggested a temporary conditional use permit. Commissioner Peters suggested a lower limit on the total number of horses. Commissioner Nixon observed that Ms. Evan’s intention was not to keep the stallion long term. He suggested a temporary conditional use permit to make her legal while she sold the stallion. He felt that one or two months should be sufficient, but if she needed it to go longer that conditions could be set then to mitigate the neighbor’s concerns. Ms. Evans observed that she would have liked to bring witnesses on her behalf if she had known about the letters witnessing to the contrary.
Chairman Morse commented that the major concerns were that the fence was sufficient to keep the horses contained and the allowing of a breeding operation in a residential neighborhood. Ms. Evans asserted that a member of the City Council had told her that the enclosure for the stallion was acceptable. Commissioner Nixon told her that if a member of the City Council had looked at her enclosure, they would have told her about the need for a conditional use permit. The Commissioners discussed the reasons for requiring a conditional use permit for a stallion on ˝ acre was to set conditions for the animal’s keeping that would mitigate his effect on the neighborhood. Commissioner Johanson expressed the opinion that keeping a stallion was more dangerous to the neighborhood. Commissioner Nixon felt that if the stallion was on an acre it would be more acceptable. Commissioner Johanson agreed and commented that the stallion would be further away from people. Commissioner Anderson observed that, normally, breeders have a shelter or barn in which to conduct the breeding. They have stronger enclosures. They have larger parcels and wider setbacks from their neighbors. Commissioner Nixon asked if a stallion might go after a child. Commissioner Anderson replied that it might.
Commissioner Anderson thought it may take Ms. Evans 4 to 6 months to sell the stallion. Commissioner Peters considered this time of year a bad time to sell. Winter is coming with the need to feed the animal stored hay. He felt that Spring is a better time to sell a horse. Commissioner Anderson commented that winter is coming and the animal is penned on a dirt lot. Chairman Morse suggested a limit of 4 months to sell the stallion and asked if there were any other conditions the Commissioners wanted to add. He suggested reinforcement and repair of the fence. Commissioner Nixon considered 4 months a reasonable limit, but added that if the animals got out again, that the temporary conditional use permit be revoked. He expressed the opinion that the number of times the animals had become loose was indicative of a problem. Mr. Smith observed that the last police report was dated November of 2000.
Commissioner Anderson asked Ms. Evans if she had the intention to buy another stallion after this one was sold. She replied no. Mr. Smith summarized the discussion by repeating the conditions considered so far. There would be a temporary conditional use permit issued for 4 months at which time it would be reviewed. There was a discussion on the fee for the conditional use permit. Mr. Smith also pointed out that the permit would be reviewed upon any complaints.
Commissioner Peters asserted that ˝ acre was too small for a breeding operation. He also recommended that the total number of horses be reduced. There was a discussion on a barn. Ms. Evans offered to build a 12 X 12 barn, but acknowledged that she was reluctant because she was renting and may not be there next year. There was a discussion that the conditional use permit would go with the property. Commissioner Johanson suggested that the temporary conditional use permit be for the stallion as named so that when he goes the permit is no longer valid.
Mr. Smith commented that a temporary conditional use permit for the named stud could be issued. Chairman Morse suggested a review if the animals were ever loose. He asked the Commissioners about adding a condition concerning the care of the horses. He commented that care can be subjective.
Commissioner Anderson suggested that 4 or 5 months may be all that is needed, however, what if she came in for a renewal. Commissioner Nixon asked if there should be any conditions added to extend the permit. There were no suggestions. Mr. Shawn Harper, the purchaser of the rented home, asked if this would limit the animal rights on the property. He was reassured that the basic animal rights were the same.
COMMISSIONER NIXON MOVED TO APPROVE A TEMPORARY CONDITIONAL USE PERMIT FOR CINDY EVANS TO KEEP A STALLION NAMED “ ” AN APPALOOSA STALLION ON HER PROPERTY AT 380 NORTH GILLMAN LAND LANE WITH THE FOLLOWING CONDITIONS:
1. THE TERM OF THE TEMPORARY CONDITIONAL USE PERMIT IS FOUR MONTHS;
2. THE REASON FOR ALLOWING THE PERMIT IS FOR THE SALE OF THE STALLION, SO NO NEW STALLION WILL BE ADDED TO THE PROPERTY;
3. IF ANY ANIMALS ARE FOUND LOOSE WITHIN THE TERM OF THIS TEMPORARY PERMIT, IT WILL AUTOMATICALLY BE REVOKED AND THE STALLION REMOVED IMMEDIATELY;
4. MS EVANS WILL BE ALLOWED TO KEEP THE PRESENT NUMBER OF HORSES WITH THE REMOVAL/SALE OF ONE MARE AND ONE FOAL IN SEPTEMBER, AND NO ADDITIONAL ANIMALS WILL BE ALLOWED THERE WHILE THE STALLION IS STILL ON THE PREMISES.
COMMISSIONER ATCHISON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR EXCEPT COMMISSIONER PETERS WHO VOTED NAY. THE MOTION CARRIED.
6. Flyers Cheer Gym - 228 South 1250 West - Conditional Use Permit
This is a request to operate a cheerleading school in the Manufacturing Distribution Zone.
Mr. Smith observed that the applicants were not present. He expressed a concern about the parking for the business. The Commissioners discussed the possibility of a conflict with the neighboring businesses’ hours of operation and the need for parking. Mr. Smith was asked if the applicant had noticed the neighboring businesses in writing of this meeting to discuss the conditional use permit. Mr. Smith replied that they had talked with the neighboring business owners but had not delivered written notice of their application for a conditional use permit.
COMMISSIONER PETERS MOVED TO CONTINUE THE REQUEST BY FLYERS GYM FOR A CONDITIONAL USE PERMIT TO OPERATE A CHEERLEADING SCHOOL AT 228 SOUTH 1250 WEST. COMMISSIONER ANDERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR EXCEPT COMMISSIONER NIXON WHO VOTED NAY. THE MOTION CARRIED.
7. Chapter 17.70 - Sexually Oriented Businesses - Ordinance Amendment
This is a City staff-initiated request to amend the distance separation requirements for sexually oriented businesses from residential land uses.
Mr. Smith informed the Commissioners that case law on Sexually-Oriented Businesses (SOB) has ruled that if the ordinance is so restrictive that there is no possible location allowed within a city for this type of business, they can go anywhere. He observed that these businesses must be allowed somewhere or the City will lose control. Mr. Smith stated that the present ordinance restricts SOB businesses 2500-feet from any residential use. He emphasized that the term to remember here is “use,” not “zone.” He pointed out on an aerial photo how this would not allow an SOB to locate as required within the heavy industrial zone because of the homes near the zone. Mr. Smith suggested a revised distance of 1000-feet.
Commissioner Nixon suggested that 700 North Street be added as a “gateway.” Councilmember Bayless suggested a distance of 1500-feet. Commissioner Nixon offered a compromise of 1250-feet. Commissioner Johanson felt that 1000-feet was okay. Commissioner Nixon felt that a larger distance was needed to protect future residential development. Chairman Morse suggested that the distance of 1500-feet would still allow them somewhere, but restrict them to a narrower area.
Commissioner Nixon asked the reasoning behind the distance restriction from establishments selling beer. Councilmember Bayless replied that there were statistics that associated an increased level of crime with a proximity of beer and SOBs. Commissioner Nixon suggested that the distance requirement from a establishment selling alcohol be increased to equal the distance from a home. Mr. Smith commented that the 1000-foot distance from a home that he had suggested had been challenged and upheld by a court of law. Commissioner Nixon asked what maximum distance from a establishment selling beer had been challenged and upheld. Mr. Smith replied that he would check with the City Attorney.
COMMISSIONER NIXON MOVED TO APPROVE THE PROPOSED ORDINANCE AMENDMENT TO SECTION 17.70. - SEXUALLY ORIENTED BUSINESS OF THE LINDON CITY CODE AND MOVE TO RECOMMEND APPROVAL TO THE CITY COUNCIL WITH THE FOLLOWING RECOMMENDATIONS:
1. THAT THE DISTANCE LISTED IN PARAGRAPH #1 OF SUBSECTION 30 BE INCREASED TO 1250 FEET.
2. THAT THE DISTANCE LISTED IN PARAGRAPH #4 ALSO BE INCREASED TO 1250 FEET.
3. THAT THE DISTANCE LISTED IN PARAGRAPH #5 BE INCREASED TO THAT DISTANCE THAT STAFF FEELS IS LEGALLY DEFENDABLE.
4. THAT THE DISTANCE LISTED IN PARAGRAPH #3 BE EVALUATED THE SAME AS PARAGRAPH #5.
5. THE PLANNING COMMISSION RECOMMENDS THESE AMENDMENTS TO MAKE SURE THAT LINDON CITY HAS A LEGALLY DEFENSIBLE ORDINANCE TO RESTRICT SEXUALLY ORIENTED BUSINESSES.
COMMISSIONER PETERS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
8. Chapter 17.74 - Pathways and Trails - New Ordinance Adoption
This is a City staff-initiated request to add a provision to the Lindon City Code to regulate and administer the new Lindon City Pathways and Trails System.
Mr. Smith indicated that this is the first review of this new ordinance to implement the Pathways and Trails System listed as an objective in the new Lindon City General Plan. He noted that the street profiles had been reviewed and approved by the City Council along with a provision in the General Plan to give some leeway for adjustment or modification in the profile to meet the situation.
Councilmember Bayless observed that the major issue raised so far by residents is the assigning of responsibility for maintenance of the system. Commissioner Peters commented that the property owner is responsible. Mr. Smith pointed out that planter strips alongside roadways are maintained by the property owner. Councilmember Bayless mentioned that many residents were concerned about this. Commissioner Atchison asked who would be responsible for regraveling the surface of the trail yearly. Commissioner Johanson asked who would be responsible for removing the horse droppings from the trail. Councilmember Bayless commented that removing the droppings would be less cumbersome than removing the weeds. Commissioner Anderson verified that the components of the pathways and trails system would all be within the easements that are City property.
The Commissioners discussed possible ways of reducing horse droppings from the trails. Commissioner Nixon suggested that owners remove the droppings like they do their dogs. Commissioner Anderson suggested that property owners will complain of the requirements in subsections 110 and 120. Commissioner Peters felt that bicyclers will complain of the surface. Commissioner Nixon felt that some areas will be deficient in finished pathways. He noted an increased use of the streets for trails and droppings being left there. Commissioner Johanson suggested that the proximity of horses and walkers will precipitate some safety concerns. Councilmember Bayless pointed out that having the animals being ridden in the road has already created some safety concerns.
Commissioner Anderson commented that homeowners may object to the inconvenience of maintaining the pathway area because of the fence on the property line. Commissioner Nixon addressed the safety concern by stating that horse riders are aware of their animal’s nature and the possibility of startling from others’ use of the trail or pathway. Councilmember Bayless suggested some signage indicating which users have the right-of-way over others. She noted that most joggers step aside for a horse because the horse is the least predictable. Commissioner Peters observed that there had been no problem on the canal road. Mr. Smith observed that the rules would be the same as users on a sidewalk. Commissioner Johanson commented that when a problem is discovered is when the City has a liability. Councilmember Bayless observed that if a place for horses and bikers is provided, the liability lessens for the City. The purpose of the pathway and trail system is to avoid a problem with pedestrians and equestrians warring with motorists on city streets.
Mr. Smith noted that most of the pathway system (80%) is planned for major collectors of 66-feet width. Pathways on 50-foot right-of-ways will only be on approved streets. The Commissioners discussed the profiles approved by the City Council. There was discussion of the planter strips in Provo and how narrower streets slow traffic. Commissioner Nixon suggested a “discontinuous” planting or sidewalk easement on the opposite side of the street from the pathway. Mr. Smith suggested widening the required easements for streets in new subdivisions. Commissioner Nixon commented that on-street parking was a problem in some cities without large lots. He also mentioned that travel lanes were narrowing in some areas of the country. Various subdivisions and their streets were discussed.
Commissioner Anderson observed that Lindon City will fix a sidewalk but not maintain the trail for residents. Harlow Clark, newspaper representative, asked if the ordinance required residents to maintain the trails. The ordinance was read to him. Various surface requirements were discussed. Mr. Smith commented that a trail master would be needed eventually. Chairman Morse suggested that the Commissioners consider this ordinance over the next two weeks. The Commissioners agreed.
9. Appendix A - Standard Land Use Table - Ordinance Adoption
This is a staff-initiated review of the Standard Land Use Table which regulates the types of land uses allowed in each zone in the City.
Chairman Morse asked Mr. Smith if this copy contained all the changes suggested so far. Mr. Smith verified that this was an updated copy of the Standard Land Use Table. Commissioner Anderson suggested that the table be reviewed by the Council as it stands. The Commissioners agreed.
COMMISSIONER ANDERSON MOVED TO APPROVE THE PROPOSED REVISION OF THE LINDON CITY STANDARD LAND USE TABLE - APPENDIX A OF THE LINDON CITY CODE AND MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL. COMMISSIONER ATCHISON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
10. Training Session - Public Hearing and Procedural Due Process
The Planning Commission will review and discuss new information on how to conduct public hearings and review information on procedural due process.
Mr. Smith reviewed a case law commentary from the Land Use Law and Zoning Digest of July 2001 concerning People ex rel Klaeren v. Village of Lisle. The Commissioners discussed handling questions from the public during a public hearing. Councilmember Bayless pointed out that after a public hearing is closed that no more evidence should be allowed.
The Planning Commission Rules and Procedures were reviewed and discussed. Discussion was held on ways to shorten public clamor. A podium and a formal request form were considered. Commissioner Anderson observed that he preferred the less formal method. He suggested that some members of the community don’t have an opinion until they listen at the meeting and then they would like to respond.
Mr. Smith reviewed the public meeting process. It was noted that quiet discussions amongst members of the Commission were viewed unfavorably by the public. Notices of public hearings were discussed also.
ADJOURN
COMMISSIONER NIXON MOVED TO ADJOURN AT 9:43 P.M. COMMISSIONER PETERS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Certified as Correct, August 8, 2001
Loren Morse, Chairman
Attest,
Kevin Smith, Planning Director |
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