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Home » City Government » Planning Commission » Minutes Archive; 2000 - 2002 » Planning Commission Minutes 2002 » March 13, 2002
March 13, 2002
The Lindon City Planning Commission held a regularly scheduled meeting on Wednesday, March 13, 2002 at 7:00 p.m. in the Lindon City Center Council Chambers at 100 North State Street, Lindon, Utah.
Conducting: Loren Morse, Chairman
Invocation: Marilyn Simister
PRESENT
Loren Morse, Chairman
Ron Anderson, Commissioner
Lori Atchison, Commissioner
Bruce Carpenter, Commissioner
Jim Peters, Commissioner
Marilyn Simister, Commissioner
Lindsey Bayless, Councilmember
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
Matt Perkins, Planning Intern
ABSENT
Evan Nixon, Commissioner
The Meeting began at 7:07 P.M.
1. MINUTES
Review of the Minutes of February 27, 2002.
The minutes of the regular meeting of February 27, 2002 were reviewed. The following corrections were made:
Page 2, Line 21: Delete the phrase “without neighborhood cooperation.”
Page 5, Line 23, 24: Delete the sentence “He added that the Walkers will need to develop their side of the street and the road will be widened.”
Page 6, Line 2: Replace the words “the full” with the words “2-feet.”
Page 6, Line 38: Delete the words “Curtis the”
Page 7, Line 15: Replace the word “is” with the word “in.”
Page 7, Line 38: Delete the word “either” after the word “back.” Delete the words “to the south” after the word “east.”
Page 8, Line 6: Replace the word “Commissioner” with the word “Commission.”
Page 8, Line 37: Replace the word “determined” with the word “estimated.”
Page 8, Line 38: Replace the word “determined” with the word “estimated.”
Page 9, Line 18: Add the words “on the north side” after the word “sidewalk.”
Page 10, Line 15: Add the words “OF THE UNITS” after the word “ELEVATIONS.”
Page 16, Line 25: Delete the sentence “Chairman Morse asked if the Commissioners understand the situation.”
Page 17, Line 20,21: Replace the word “does” with the word “is.” Replace the phrase “Council want us to do” with the phrase “Council’s intent for non-conforming billboards.”
Page 17, Line 29: Delete the words “that this” after the word “thing.” Add the word “not” before the word “reason.”
Page 17, Line 36: Replace the word “he” with the words “the City.”
Page 18, Line 2: Add the phrase “he was not against billboards and” before the word “would.”
Page 18, Line 8: Add the phrase “and the possible lawsuit over the monetary liability” after the word “permit.”
Page 18, Line 28: Replace the word “OF” with the phrase “SIMMONS ACTED IN.”
Page 18, Line 29: Replace the word “IN” with the words “DUE TO.”
Page 18, Line 40: Replace the word “TWO” with the word “THREE.”
Page 18, Line 41,42: Add the name “AND CHAIRMAN MORSE” after the name “CARPENTER.” Replace the words “TWO COMMISSIONERS” with the words “ONE COMMISSIONER.” Delete the name “CHAIRMAN MORSE AND.”
COMMISSIONER PETERS MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 28, 2002 AS CORRECTED. COMMISSIONER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
2. PUBLIC COMMENT
There was no public comment.
3. NEW BUSINESS (Reports by Commissioners)
The Commissioners had no new business to report.
4. BUNNELL/WINTERTON TRIPLEXES - 675 - 695 WEST 200 SOUTH - CONDITIONAL USE PERMIT - R2 OVERLAY
This is a request for approval of two triplexes on 200 South approximately 680 West.
Mr. Brent Bunnell was present to answer questions for the Commission. Mr. Smith introduced this application for an R2 Overlay and explained that the developers had moved the units to the east of the former application on 200 South. The proposal is for two triplexes which will be similar in design to the triplex constructed by the cannery. Mr. Smith noted that there are 16 parking stalls which equate to two and one-half per unit. The driveway is 24 feet wide onto 200 South. Mr. Smith explained that the R2 Overlay District #17 has no approved projects in the district now, and even if combined with District 18, there are still plenty of units available in the Districts. He explained that District #17 may be combined with District #18.
Commissioner Anderson asked if moving the project put it within 750 feet of the Jasper duplex. Mr. Smith replied that the Jasper duplex was about 830 feet from this location. Mr. Ted Lott, of 222 South 400 West, pointed out that Section 17.64.40 of the Lindon City Code has a 4% rule that applies to an R2 District. He explained that the 4% rule applied to residential property in the district and so this application would make the district about 8%. He also pointed out that there were two accessory apartments directly across the street. Commissioner Carpenter replied that the 750-foot distance rule does not apply to accessory apartments. There was a discussion of how combining the districts may affect the 4% rule. Chairman Morse observed that the application should be considered under the district as it is now.
Mr. Brent Bunnell commented that the information available to the public from the Lindon City Community Development Office shows that there are sufficient units available in the district to construct this project. He reported that the neighborhood meeting had been held the night before this one and he had received some good comments from the neighborhood residents. He added that the general consensus of the meeting is that the people don’t want multiple family housing in their neighborhood. They had specific issues with water, sewer, quality of life, the location of the driveway possibly making automobile lights shine into the house windows across the street at night, too much growth in Lindon, having six new families across the street, more traffic, the tall buildings behind the homes, and preserving Lindon’s “little bit of country.”
Mr. Bunnell asked if the specific concerns concerning water pressure and sewer be investigated by the City. Commissioner Carpenter asked if his concern was if the pressure was adequate now, but would not be if new units were added to the street. Mr. Smith replied that there were no utility issues that had been mentioned by the City Engineer is in this section of town.
Mr. Richard Powell, 613 West 200 South, expressed his concern that all the new dwellings on the street, including the two new cul-de-sacs and this project, would put that many more children on a busy street. Mr. Verl Cook, 796 West 200 South, thought that the distance requirement was 750 feet from the next dwelling and that one triplex was the maximum project size. Mr. Smith explained that the 750-foot requirement was measured to the next R2 project and that six units are the maximum project size. Mr. Cook expressed concern that the sewer was not adequate because of flooding that had occurred.
Mrs. Shauna Powell, 613 West 200 South, informed the Commission that the Jasper duplex is a triplex, not a duplex as approved by the City. She expressed concern that two building lots east of her home is one triplex and this proposed project would be two building lots west of her home. She claimed that there had been promises that the residential buffer along 200 South would remain single family residential. She also commented that she would prefer arguing over her animal rights with two neighbors rather than six neighbors.
Mr. Smith explained that the R2 Overlay ordinance is the current edition of the multiple family housing ordinance enacted originally in 1985. It had been decided then that Lindon would not have a single area zoned for multiple family housing, but would spread it throughout the community. He explained the requirements of the ordinance and said that if an application meets the requirements and design criteria, the application is granted.
Mrs. Powell expressed concern that three projects would be on one street. Commissioner Carpenter commented that it appeared that there was proportionally more density in this area. Mr. Powell expressed concerns about the sewer, availability of water and the safety of children. Chairman Morse observed that 200 South is a minor collector and asked the width of the street. Mr. Smith replied that the street has 42-feet of asphalt. There was a short discussion on the level of service on the street. Mr. Steve Mitchell showed the Commissioners where the cul-de-sacs intersected with 200 South. Commissioner Atchison asked Mr. Bunnell why he had moved the project from the corner of 200 South and 800 West to 200 South and 600 West. Mr. Mitchell commented that he had tried to keep the values of the homes and land in the neighborhood up. He expressed the opinion that the triplex project may lower the values of property.
Mr. Bunnell replied that he had reasons for moving the project that he would rather not discuss in this public forum. He addressed the safety issue raised by the public by saying that each unit would have their own fenced private back yard that would provide a fair level of security for children in the units.
Mrs. Audra Hooley, 688 West 200 South, commented on the traffic on the street by explaining that her mailbox is across the street from her home. She explained that cars frequently stop to for her to cross the street. She also asked what kind of “trash” would live in the units and expressed concerns about the frequent turnover in rentals. She observed that the fenced back yards would not help the traffic situation.
Mr. Jack Potter, 120 South 680 West, explained that he had moved from Canberra Hills subdivision for the larger one-half acre lot. He added that he had paid a premium price for his lot and was concerned about its continued value. He also questioned the impact on Aspen Elementary. Mrs. Powell commented that the reason Mr. Bunnell was moving the project was because another project was going in on 800 West and they would be too close together to meet the distance requirements. Mr. Bunnell replied that this was only one of the reasons. He declined to discuss the other reasons.
Mrs. Powell again expressed concern that there may be three sets of triplexes within one Block and that would bring the R2 District to more than 4%. Mr. Lott claimed that only two units could be built in Zone 17 and retain the 4% rule. Mr. Ken Burton, (address) wondered if the 750-foot radius would allow more units on the street east of the Jasper units. Mrs. Lott observed that there was a two acre parcel on the corner of 200 South and 400 West that may be used for another project. Chairman Morse observed that the City processed applications on a “first come, first serve” basis and if the proposed application meets the requirements of the ordinance, another 750-foot radius circle is established. Mr. Lott confirmed that more triplexes on the other corner were a possibility. Commissioner Anderson agreed that if a proposed project there meets the ordinance requirements, it is a possibility. Chairman Morse asked if this parcel was within the 750-foot radius circle of the Jasper units. It was decided that the parcel may possibly be beyond those boundaries.
Mr. Burton expressed a concern that the parking requirement of is 2 ½ spaces per dwelling is not sufficient. He commented that many homes have more than that amount of spaces now and the extra vehicles may park in front of other dwellings. He observed that he had looked at the project by the Cannery and had no complaints about its appearance, he just felt that there were too many just on 200 South. He also questioned the amount of rent on the units not being low income housing at $900 per month. Mr. Smith explained that Lindon is required to provide “moderate” income housing, not “low” income. He also explained that moderate income is 80% of the median gross income of Utah County, which in 1999 was $34,000. Commissioner Anderson observed that many neighborhoods do not want rentals to be built, but many of these renters are good neighbors also. Mrs. Lott commented that the issue is not that the neighborhood doesn’t want renters, they just want the “little bit of country” that they bought.
Mrs. Powell commented that if the project was just one triplex it would not concern her as much. Commissioner Anderson observed that the main issue to consider is the amount of remaining residential land in the R2 District. Mr. Bunnell commented that if there are only 13 acres of residential land in that R2 District, this District would be the absolute smallest R2 District in the city and it may need to be combined with one of the adjoining R2 Districts. He suggested that it may be just a matter of semantics if the plan is to combine the Districts since there surrounding Districts have available units. He asked if it was necessary to delay his project? Chairman Morse observed that the Planning Commission can’t change the ordinance in the middle of an application and would have to deal with the application and the District as they are at the time of submittal. Mr. Bunnell said that the document produced by the Planning Department shows 21 available units in this District. He claimed that this is the information he was given. Mr. Smith explained that the present district boundaries have not changed and the amount of units calculated is for informational purposes only. He added that in the last year, the City has rezoned much of this property.
Commissioner Simister asked if the amount of residential acreage in this zone district is known. Mr. Smith replied that the residential acreage is unknown, but can be calculated. Mr. Bunnell commented that the zone will need to contain a minimum of 25 acres based on the information given to him. Mr. Lott explained that the residential lots were left as a buffer zone for the developing Research and Business zone around the Home Depot site. He commented that the City had “gone away from the Master Plan” with this rezoning. Chairman Morse replied that all amendments to the General Plan and rezoning were advertised and conducted in public meetings.
Mr. Powell asked how the impact of combining the zones is considered? Chairman Morse observed that every time the Commission has a high density project the whole neighborhood is involved. He explained that the Commission attempts to manage what is best for the City. Commissioner Anderson observed that this ordinance has been in effect for years and acknowledged that it is an emotional issue. He added that there is an ordinance that the Commission is obligated to follow, and if an application meets the ordinance, they are obligated to approve it. Mr. Bunnell asked how to amend the zone. Mr. Smith explained that an application would be considered by the Planning Commission who which makes a recommendation to the Council.
Chairman Morse outlined the alternatives. He observed that Mr. Bunnell can reduce the project if he wants to go ahead now, or he can withdraw his application and go through the process of changing the R2 District. Mr. Bunnell asked if a traffic study on 200 South would alleviate concerns. He was informed that a traffic study had recently been completed for the RDA reconstruction project and another one was unnecessary. The periods of heavier traffic and the fact that the road went downhill were discussed.
Mr. Bunnell asked if the Commission would agree to leave the application open if he were to agree to reduce the project to one triplex. That would allow him to build the other triplex if the District boundaries are changed. Commissioner Peters expressed the opinion that this would be expanding a project. Mr. Bunnell replied that he would like to keep the project as two triplexes and just build one now. Chairman Morse commented that two triplexes have not been approved. Commissioner Peters observed that he could see two options, either deny the application or continue it to determine the amount of residential acreage in the District to apply the 4% rule. The process of changing the boundaries was discussed. Mr. Lott observed that he was satisfied with the District as it is now. He commented that the neighborhood would come to the meeting and explain their position to leave the District intact. Mrs. Powell asked what the neighborhood could do to keep their neighborhood the way they want it. Mr. Potter observed that one hundred neighbors want to leave it as is and one wants to change it. Chairman Morse explained that the Commission makes the best informed decisions that follow the ordinances that they can.
Mrs. Lott observed that this neighborhood had been to a lot of meetings and it would help to know that there would be a decision tonight instead of continuing on. Commissioner Simister commented that the Commission cannot approve the application as it is proposed. Mr. Bunnell contended that the Commission did not know that without determining the acreage in the District.
Chairman Morse observed that if Mr. Bunnell wants the ordinance changed, he will need to withdraw this application and reapply to have the ordinance considered.
COMMISSIONER PETERS MOVED TO CONTINUE THE REQUEST BY BRENT BUNNELL FOR A 6-UNIT R2 OVERLAY PROJECT AT 675 AND 695 WEST 200 SOUTH AND RECOMMEND TO THE CITY COUNCIL THAT THEY DEFINE THE RESIDENTIAL AREA WITHIN DISTRICT 17. COMMISSIONER SIMISTER SECONDED THE MOTION.
Mr. Smith commented that this application is pending. He suggested that the motion be to continue and allow him to determine the residential area in the District. There was discussion.
COMMISSIONER PETERS WITHDREW HIS MOTION. He commented that he would like to recommend to the City Council that the map be considered. Mr. Smith explained that an amendment to the ordinance needs to be an agenda item. Commissioner Peters clarified that there was no need to recommend an ordinance change to the Council now, that the residential acreage needs to be determined. Mr. Smith agreed.
COMMISSIONER SIMISTER MOVED TO CONTINUE THE REQUEST BY BRENT BUNNELL FOR A 6-UNIT R2 OVERLAY PROJECT AT 675 AND 695 WEST 200 SOUTH TO ALLOW DEFINITION OF THE RESIDENTIAL AREA IN DISTRICT 17. COMMISSIONER ANDERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR EXCEPT CHAIRMAN MORSE WHO WAS OPPOSED. THE MOTION CARRIED.
Commissioner Carpenter suggested that the amendment of the R2 Districts be put on the agenda. Commissioner Peters expressed the opinion that the District should be left as is. He observed that this particular District has had a lot of impact. Chairman Morse agreed that there have been many issues in this area. Mr. Bunnell expressed the opinion that an R2 Overlay project is a good transitional use for the larger homes to the north. He added that if he had received the correct information, he would have proceeded differently–before he had invested hundreds of hours. Chairman Morse thanked everyone for coming.
5. HUB CAP CITY - 551 NORTH GENEVA ROAD - REVOCATION OF CONDITIONAL USE PERMIT
The Planning Commission will consider whether or not to revoke Hub Cap City’s conditional use permit for failure to comply with conditions of approval.
Chairman Morse determined that Mr. Duane Gibb was present. Mr. Smith explained that this business has been in Lindon since about April of 1997. He had contacted the business when he noted them moving in and informed Mr. Gibb that he would need a conditional use permit to operate his business in that location. Since then, the City has been seeking compliance with the ordinances. Mr. Smith commented that sometimes there was progress shown and other times there was no progress made. The last meeting with Mrs. Gibb was in May of 2001 in which the Planning Commission gave the applicant five conditions to comply with. He drew attention to copies of the various letters that have been sent over the last two years. Mr. Smith read the conditions set by the Commission in May of 2001 and displayed pictures of the business. He reported that he has tried to explain the violations, has received no response from them, and there is no progress in compliance with the conditions set. He expressed his opinion that Hub Cap City may need to find another place to locate their business.
Commissioner Anderson asked if the business had been issued a business license. Mr. Smith explained that a business license had been issued in previous years when some progress was shown, but one had not been issued this year. He told the Commission that when the business had been operated by Mr. Dennis Palumbo some of the conditions had been completed, like the wall and landscaping. Mr. Smith expressed the opinion that Mr. Gibb was operating a salvage yard which was not in compliance with the zoning ordinances. He added that the light industrial zone does not allow inoperable vehicles. Mr. Duane Gibb asked if a vehicle has a flat tire is it considered inoperable? Mr. Smith replied that if the vehicle is not registered and has flat tires, then he considers it inoperable.
Mr. Slade Gibb commented that there had been considerable progress at the site. He observed that the problems have occurred because of the juggling they have done. He added that they are undermanned and struggling, especially since he broke his leg and it is just now getting back to work. He said that they had put up the wall and put in a parking lot. They are sorting and moving the inventory so they can put in concrete to set the racks on. He acknowledged that some of the vehicles were not “the hottest,” but he is working to get them running. He added that the front line of cars are those that have passed inspection. The others are those that need work. He contended that all the vehicles run, but have little things wrong with them. They are all for sale. He talked about the parking that was required and how they had permission from the business owners to the north and south to use their parking for overflow. He explained that although they have a large warehouse area, the retail area is small and they do not need more customer parking.
Commissioner Peters asked if all the remaining tires at the business were sellable. Mr. Slade Gibb replied that they were still inspecting the tires for flaws and they needed 300 before they could ship the bad tires to a recycler. Mr. Dax Gibb commented that the insulation in the back had been removed. The tires would be moved when the inside was organized enough to move them there. He reported that the cars in front have been vandalized and broken and parts stolen from them. Mr. Travis Nelson, an employee of the Gibbs, commented that most of the tires in back of the wall did not have value, but they have wheels in them that are of value. He added that the inventory takes time and is an all-consuming project. He explained that to a casual observer the stacks appear the same, but they are not. He also expressed frustration at the lack of communication between the business and the City. He invited the Commissioners to come and see the improvements that have been accomplished. Mr. Jonathon Searcy, a neighbor and part time employee, explained that they had accomplished as many improvements as they could last fall, but the winter weather hindered their schedule. He said that this summer will see a substantial change.
Mr. Duane Gibb said that he would like to have Mr. Smith repeat his comment from earlier. Mr. Smith explained that Mr. Gibb’s previous property had been part of the Smiths improvements in Pleasant Grove. Mr. Smith noted that he had contacted Mr. Gibb after he moved into this Lindon site and told him he needed a permit before locating this business there. Mr. Duane Gibb pointed at Mr. Smith, and declared that any communication errors between the City and himself were because of this “piece of...I won’t say what. If you can’t say something nice, then don’t say anything at all.” He moved a white board to the podium and said that he wished to give the Commission a brief history of “this whole thing.”
Mr. Duane Gibb told the Commissioners that he had previously been located on State Street in Pleasant Grove, where he sold cars, wheels and tires. Pleasant Grove City implemented a redevelopment project in the area and told him that they wanted retail in this site. At the time he had an offer on his property that he considered fair with some replacement property in Pleasant Grove. He was unable to locate there within a certain time limit. The sale was contingent on his relocation and so he lost this sale. He found the property in Lindon and came to Mr. Smith to ask what he needed to do to relocate to the Lindon parcel. Mr. Smith told him to bring the City a site plan and he could work there while building. He went to the architects and surveyors for his site plan. When he brought it in, he was told that he needed to submit a $150 application fee that would be held until the application was approved. The check went through the bank two days later. He was brought into DRC and told that he needed to make changes. He made those changes and resubmitted the site plan. Changes were made two or three times.
In the meantime he bought the property and started moving his inventory to the location. Mr. Smith then contacted him and told him that he needed to have the permit and all the improvements done before he could move onto the parcel. At this time, he only had two weeks to move or he lost $30,000 for not vacating the property in Pleasant Grove within a prescribed time limit. Mr. Smith told him that he had misunderstood. He observed that he felt like he had been “punched.” He went to look for another location for his business and leased a site in Orem. They moved their inventory again. The property owner in Orem then told him that he may have sold the property and he may need to move again. The property was sold and he moved again to 1200 West in Orem. He paid $2500 per month for a year lease. He lost the $30,000 for missing the time limit and another $30,000 for the lease in Orem.
He observed that he was now five miles away from his inventory in Lindon, so since he operated the business by himself, every time a customer needed something, he had to close the door and get the inventory. He said that he didn’t know how many lost sales he had during this time. He averred that by this time he was “a little upset, and not rational.” In fact, he was “damm damn mad.” He met with the Mayor and Mr. Dameron and explained what had happened and asked why he had been told that he could not work in Lindon when he could work in Orem? Why had he been told that he could work while the permit was being approved and then told that he couldn’t? What is the procedure? Why has he been denied the privilege to operate his business? He asserted that he was told by the Mayor that he didn’t know.
Mr. Gibb told the Commission that he had cars for sale and no place to put them. They were stored at the Lindon property. He was issued a citation for storing the cars there and the Judge imposed a $400 fine against him. He also told the Commission that he owed assessments for the two pieces of property in Lindon, his home and this property. He claimed that the invoices had not been paid by mistake and he was referred to the City Attorney. He then had another $1600 that he had to pay. Mr. Gibb claimed that there were other fees from Lindon City that he paid that are not a part of this. He commented that this is a sample of the “inconvenience of what we have gone through.” He claimed that he had done a lot to clean the Lindon property up. He asked why he was not allowed to sell cars when there are other car dealers in Lindon and charged that it was “discrimination.”
Chairman Morse told Mr. Gibb that the Commission understands his point. He also told Mr. Gibb, “We are not anti-business.” Mr. Gibb told the Commission that the City does not “want him here.” They have “discriminated against me.” They have “not allowed me the rights I should have had.” He asserted that if other car dealers in Lindon “can have more than 10 cars then I can have more.” Chairman Morse again told Mr. Gibb that the Commission understands his position and asked him to have a seat.
Mr. Gibb returned to his seat. He told the Commission that they were trying to clean up like his boy had told them. He admitted that the site was “not neat.” However, he added that he thinks Lindon has incurred liability to him and he had tried to “bite his tongue.” He asserted that he will be “pushed” no longer–that he has “no intent to move his cars off the lot.” He does “intend to move the tires and wheels off that piece behind.”
Commissioner Peters commented that Mr. Gibb had attended Planning Commission meetings where his business had been discussed. Mr. Gibb asserted that he, personally, was not here. Commissioner Peters replied that he had still had a lot of time to talk to the City because the motion had given him 90 days to move the cars. He said that Mr. Gibb’s wife had come as his representative. Mr. Gibb stated that his wife had come because she was “afraid to get him mad.”
Commissioner Peters asked Mr. Gibb if he understood why the Commission wanted him to move the tires and insulation from behind the wall. He observed that the problems with tires are the hazards they present for mosquitoes and fires. Mr. Smith displayed a picture of the area behind the wall. Mr. Gibb asserted that water would not collect in the tires because ninety percent of them had wheels in them.
Commissioner Peters observed that this area looks like a fire hazard and a health hazard that will attract rodents and mosquitoes. He asked why moving them would take this long. He asked about a previous statement by Mr. Travis Nelson that the “stacks are not the same.” He asked if he understood that these are not the same tires and the piles are “rotating?” Mr. Slade Gibb replied that the piles being rotated are not this one, but ones inside the walls. He said that organizing is a “massive project” that is complicated because there is “no room to organize” and when he has room, they will move this stack in and organize it too. He asserted that the “lack of response from us is from enmity.”
Commissioner Carpenter asked Mr. Gibb to estimate how long it will take to move the tires. He asked if 90 days is “unfair?” Mr. Slade Gibb replied that they have to pay to have the tires disposed of at a recycler. They cannot just throw them away. It takes time to break them all down, inspect each one, and sort it. Commissioner Carpenter observed that he understands that they are chronically understaffed, but asked how long should it take. He added that according to the record, it has been years, and any improvements that were done were completed during Mr. Palumbo’s time of ownership. Mr. Slade Gibb replied that the Palumbos owned the business for fourteen months and all improvements were completed by the Gibbs. He asserted that they have had time pressures from the beginning. They have moved thousands of wheels and most were just “stuffed in a corner” to appease the time constraints. He observed that they are a struggling business that has lost money.
Chairman Morse commented that it may help the Gibbs to understand “why we are doing this as a city.” The ordinances of the City are enacted to preserve the health, safety, and welfare of Lindon residents and that includes the appearance of the City. The ordinances set the rules so that each property is complying with the same set of rules. He said that the City is not trying to drive them out. They are just trying to get them to comply with the same rules and ordinances that every other business in Lindon is complying with. He told Mr. Gibb that when they met with Nadine in May of 2001, she was asked the same specific set of questions that are asked of other businesses. The Planning Commission had set some conditions that would help preserve the health and safety of the community. Chairman Morse commented that the Commission recognizes what the Gibbs have done and are doing, however, there needs to be progress made and it looked like we had reached “an end point.”
Mr. Duane Gibb asked if he needed to be restricted to a certain number of cars on his lot. He asserted that there are five or six car dealers in Lindon and not one of them is less congested than he is his. Chairman Morse commented that it appears that there are vehicles marked “for sale” that are not operable. Mr. Duane Gibb replied that the vehicles are operable. Some are not inspected, but the State does not require a dealer to have them inspected. He asked if the City was a police force for the State.
Commissioner Peters observed that Section 17.06.010 of the Lindon City code places a restriction on inoperable vehicles. He told Mr. Gibb that he had driven through the lot before this meeting and looked. He expressed the opinion that there is some evidence that some of the cars are not operable and that have flat tires. Mr. Gibb asked that the Police Force be used to protect his business instead of trying to control his business. He asked that they work in his behalf and not against me. He claimed that vandals had broken ten to twelve car windows taking stereos out of the cars. Commissioner Peters asked if he had made a report on it. He commented that the police will increase the patrol if they are aware of a problem. He observed that his neighbors had the same problem with speeding and the police increase the patrols. Mr. Duane Gibb claimed that he had made reports. He observed that many of the cars that appear to be “junk” are not, although they have had parts stolen off of them by vandals. He asserted that all of the cars are saleable.
Commissioner Peters confirmed that Mr. Duane Gibb had no intent is to move any of the cars. Mr. Gibb replied that he was the victim of discrimination because every car lot in Lindon is allowed to have more than ten cars except him. Mr. Slade Gibb asked if the Commissioners “really believe that the cars are inoperable?” Commissioner Carpenter observed that the limit imposed on the conditional use permit is ten cars for sale. He told the Gibbs that they could request to expand the number, but he would not advise that approach. Mr. Gibb asked if that meant that the City is not going to allow him more than ten cars. Commissioner Anderson replied that the limit was discussed in May of 2001 and the condition made them then. He asserted that nothing has happened in the last year that made these conditions change. Mr. Gibb expressed the opinion that it was the lack of communication. Commissioner Anderson pointed out that Mrs. Nadine Gibb had appeared representing the business. Chairman Morse agreed that Mr. Gibb had an opportunity to appear and did not.
Chairman Morse suggested that the Commission go through the conditions set at that meeting for Mr. Gibb’s benefit. He commented that “this is what we though thought needed to be done.” He read condition #1– Remove all cars except the ten cars for sale which shall be operable- be able to pass a safety inspection and be driven for a test drive. He observed that the reason for this condition was to have parking available to his customers, and remove the inoperable and junk vehicles. Mr. Duane Gibb asserted that those cars are operable. He admitted that they are $500 to $1,000 cars and not $3,000 to $4,000 cars. Mr. Smith commented that part of the restriction was to see how things go. The intent was if the parcel was cleaned up and the junk removed that the amount of cars for sale could be expanded. Commissioner Anderson agreed that at the time the cars were hanging over the sidewalk and on the landscaping strip. He added that the limitation was to allow a transitional period while they cleaned up.
Chairman Morse read condition #2–Clean all trash from the outside of the wall, including the tires, insulation, etc. Mr. Duane Gibb told the Commission that they didn’t have room to move the materials inside the wall yet, not until they had the inside more organized. He told the Commission that the Palumbos were supposed to move the materials also. The Palumbos were supposed to put money into the business and didn’t. He said that they would have the clean up done within a year. That will allow enough time to put in the cement and organize the inside of the wall. Chairman Morse asked if Mr. Gibb was agreeable to have intermediate steps along the way. He told Mr. Gibb that part of what the Commission is looking for is progress. He suggested that the Gibbs consider 25% completion in three months, 50% completion in six months. Mr. Slade Gibb agreed to this. He informed the Commissioners that he felt that he could almost meet the requirements of the recycler to pick up the tires and then he could use that space. Commissioner Peters confirmed that they could move the tires within the wall. Mr. Slade Gibb verified that once he moves the junk pile, he can put the tires there. Mr. Duane Gibb told the Commission that most of those tires are good tires.
Chairman Morse asked what trash, other than tires, was outside the wall. Mr. Slade Gibb replied that there were trusses, tires, and insulation. He contended that there were no mosquitoes breeding in the tires. Commissioner Carpenter asked if the business had more inventory than space? Mr. Slade Gibb replied that the space was just not organized. He told Commissioner Carpenter that he needed to level the space and pour concrete. Chairman Morse commented that it may be reasonable to assume that once the space is organized, that this will not happen again. Mr. Slade Gibb assured the Commission that this only occurred because of the “time crunch” and the repeated moving. Mr. Duane Gibb added that the extra expenses also made it difficult. Chairman Morse confirmed that the Gibbs will remove all non-usable tires within the walls. Mr. Slade Gibb commented that they need to accumulate 300 tires before the recycler will pick them up. Commissioner Carpenter suggested that if the business implemented an orderly fashion of accumulation, how would it be done. Mr. Travis Nelson replied that the tires will be stored in the compound. Commissioner Carpenter confirmed that once the materials are moved from the back of the wall, there will never again be storage there. Mr. Nelson agreed and commented that storage had not been rotated. It had been left there because they needed the room inside to organize. He added that once the storage outside the wall is gone, then it will not be used again.
Mr. Duane Gibb said that he was sorry that he had come across as he has, he was just not happy. He added that Lindon City has not called and given him an apology. He expressed the opinion that his problems were caused by Lindon. He told the Commission that if he is pushed some more then things will get worse. Chairman Morse suggested that the Commission and the Gibbs explore our options, then go from there. He suggested that the ten car limit stay as a transitional period to help the business clean up. He also suggested that there be no cars on consignment. He proposed that when the business has demonstrated progress, in shorter periods of time than one year, then the car limit be re-examined. Mr. Slade Gibb suggested that he could take pictures once a week. Chairman Morse suggested that they come back to the Commission for a progress report in three or six months.
Commissioner Carpenter observed that Mr. Duane Gibb had said repeatedly that he will not be pushed. He commented that his view of the situation is that Mr. Gibb does not have any intention to comply, although his boys have. He said that unless he has substantial reassurance from Mr. Gibb that he intends to work with the City, then he feels that he has no other option but to revoke the conditional use permit. Mr. Slade Gibb replied that the business has plenty of room for more cars. They have plenty of parking and still have room for cars for sale. Mr. Nelson added that he delivers hub caps to Utah Auto Sales and has never been able to find a parking space there. Chairman Morse commented that frankly, he was not concerned about the limit, his concerns are whether the cars are usable and drivable, and that they turn over in reasonable amount of time. Mr. Smith observed that the conflict seems to be the interpretation of junk. He commented that this business does provide a service to the community.
Commissioner Peters addressed Mr. Duane Gibb and told him that he has said that he is not willing to work with the City. He told him that the Commission’s decision rests on whether Mr. Gibb is willing to work with the City. He asked him, “Are you willing to work with the city?”
Mr. Duane Gibb replied that he was not a “stone wall.” He added that he was mad and he had still not received an apology from the City, even with his suggestion. He felt damaged and discriminated against. He had been told he could only have ten cars when every other car dealer in Lindon has at least thirty cars. Chairman Morse asked Mr. Gibb if he wants to work together with the City. Commissioner Simister observed that the problem seems to be with things understood or said. She added that the Commission was not there when these things occurred. The Commission’s duty is to look at the City ordinances and uphold them. Mr. Gibb needs to be willing to look at the letters sent by the City and respond to them. She told Mr. Gibb that she personally thinks that three years is a long time to take to comply with the ordinances. She said that most businesses make sure that they are in compliance with the law or they are not successful. She expressed the opinion that in either a business or a relationship, one needs to be willing to live by the law and work with a person.
Mr. Duane Gibb replied that he would be a fool to go buy a parcel and not talk to the City first. Chairman Morse asked Mr. Gibb if the Commission agreed on what was needed to comply with the ordinances, would he be willing to meet the conditions set. Mr. Duane Gibb replied that he needed give and take. He has been “pushed far enough.” Mr. Slade Gibb commented that he was happy to do something about the tires. They just need time. He added that they need more than ten cars though. He understands that the concern is “operable cars.” Chairman Morse observed that it is important to the city image that the business does not look like a salvage yard. Commissioner Anderson commented that many of the residents west of the tracks are complaining. Mr. Gibb replied that they had not complained to him. Mr. Duane Gibb commented that it was not his intention to “come across as a stonewall.”
Chairman Morse suggested that the Gibbs come back to the Commission in three months after some progress is shown on the clean up and apply to have the limit changed on the number of cars. There was a discussion on how many cars the Gibbs had for sale on the premises now. Mr. Smith commented that the Gibbs have 28 cars presently. He added that the word “inoperable” should be interpreted. Commissioner Peters commented that he needed a site plan to decide whether the number of cars should be expanded. Mr. Smith suggested that the Commission look at the pictures of the site and decide. He informed the Commission that the City Code requires seven parking stalls for customer parking and employee parking. Mr. Slade Gibb reiterated that they have permission to park in the neighbor’s lots. Mr. Smith asked for an interpretation of “inoperable vehicles.” Commissioner Peters suggested that the cars must pass a safety inspection.
Commissioner Anderson commented there was a better class of cars there than a year ago. Mr. Duane Gibb observed that his definition of operable is that the vehicle can be gotten into and driven. Commissioner Anderson commented that they were thinking on the same page then. Commissioner Carpenter observed that the limit is currently set at ten cars. He added that he could see that the parcel is not crowded, but the approval limit is set at ten. Mr. Nelson confirmed that the Commission would maybe accede to a higher amount of cars if the other things are taken care of. Chairman Morse agreed that if progress is made and the business achieves the desired end by the desired time. He asked if the Gibbs would prefer a review in two months or three months.
Commissioner Anderson asked how long the Gibbs estimate it will take to pour the cement pads in their compound. Mr. Slade Gibb replied that he would be ready to pour the first one in a month. He estimated that he needs six pads to do half the compound. Their plan is to clear a space and pour a pad. Commissioner Simister asked if it was known what improvements were needed so that the Commission had a way to measure progress. Commissioner Anderson asked what time limit the Gibbs suggested. Mr. Slade Gibb replied there would be great improvement by the end of the summer. Commissioner Carpenter suggested that the review be held in six months and then the Gibbs could officially request a larger amount of cars. Mr. Slade Gibb replied that the business is losing money by not being able to sell more cars. The space is wasted and there is no reason to not put cars there for sale. He added that he will fix the problems. He has not been involved in the past, but now is working to take the business over from his father.
Chairman Morse suggested that the Commission make a motion that the Hub Cap City business have a review in three months, and by that time be able to demonstrate that the trash has been cleared and the vehicles for sales are operable and are capable of passing a safety inspection. Mr. Slade Gibb commented that they often get a trade in vehicles that won’t pass an inspection. He asked where they were supposed to put this vehicle. Chairman Morse suggested that language be added to the motion to ensure the aesthetics of the outside of the business. Mr. Duane Gibb asked if the Commission was unhappy with the aesthetics of the business. Commissioner Peters suggested that the tire be kept up with air in them.
Chairman Morse observed that if the Commission and the Gibbs open up communication and work together, they will be able to run their business. Commissioner Atchison asked if the Commission wanted to address the number of cars in this meeting. Chairman Morse expressed the opinion that it should be addressed now. Commissioner Carpenter commented that he was uncomfortable changing the number now without an application to change that number. Mr. Smith observed that this agenda item is to review the conditional use permit of Hub Cap City. They can take action on any of the conditions as part of that permit review.
Chairman Morse asked Mr. Gibb how the City can be assured that the vehicles are operable. Mr. Slade Gibb asked if they needed to prove that every vehicle works? Commissioner Anderson commented that if the tires are flat and the door missing, he does not consider it “operable.” Mr. Slade Gibb replied that the way they make money is to take a car that is substandard and fix it to sell. The Commission felt that if a car passes inspection it is “operable.” Mr. Duane Gibb commented that there is no law that says that a car must pass an inspection before it is sold. He said that many of his customers want to buy a car that they can fix themselves.
Commissioner Peters asked Mr. Gibb the maximum number that he intends to have on his lot for sale. Mr. Duane Gibb replied 28 or 30 vehicles. Commissioner Carpenter verified that Mr. Gibb had no intent to move more cars onto the lot than the number already there. Commissioner Anderson explained that the ordinance requires a certain amount reserved for customer and employee parking. Mr. Duane Gibb replied that he had one employee. He and his sons drive dealership cars. Commissioner Anderson asked how many customers he could have at one time. Mr. Duane Gibb replied that he had just had two or three at a time. He has four available, plus a handicap space. He also noted that he has permission to park in the neighboring parking lots.
COMMISSIONER PETERS MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR HUB CAP CITY AT 551 NORTH GENEVA ROAD AS A DESIGNATED AUTO SALES LOT WITH THE FOLLOWING CONDITIONS:
1) THAT THE MAXIMUM NUMBER OF OPERABLE CARS BE LIMITED TO THIRTY AT ANY ONE TIME.
2) THAT THE TIRES ON THE OUTSIDE OF THE WALLS BE REMOVED WITHIN SIX MONTHS.
3) THAT THE EXISTING TIRES WITHIN THE WALLS BE REDUCED TO THE MINIMUM AMOUNT NECESSARY TO RUN THE BUSINESS
4) THAT THE TIRE RECYCLE PILE BE LIMITED TO A MAXIMUM OF 300 TIRES AND THE JUNK TIRES BE REMOVED ON A REGULAR BASIS.
5) THAT ALL CARS ON THE LOT BE IN OPERABLE AND COMPLETE CONDITION.
6) THAT A REVIEW OF THE APPLICATION BE SCHEDULED FOR SIX MONTHS FROM NOW, SPECIFICALLY SEPTEMBER 25, 2002.
7) THAT MR. SMITH BE KEPT INFORMED OF PROGRESS ON THE CONDITIONS AND A PHOTO DELIVERED TO MR. SMITH MONTHLY SHOWING THIS PROGRESS.
8) AND , THAT THE OTHER TRASH OUTSIDE OF THE WALLS, EXCLUSIVE OF THE TIRES BE REMOVED WITHIN THIRTY DAYS.
COMMISSIONER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
There was a short discussion on the difference between a conditional use permit and a business license. Mr. Duane Gibb registered a complaint about the landscaping requirement. He was told that a copy of the minutes and a letter explaining the conditional use permit would be available in just over two weeks.
6. ZONING ORDINANCE AMENDMENT - APPENDIX A, STANDARD LAND USE TABLE
This is a request to add a provision for auto repair businesses in the CG Zone.
Mr. Smith informed the Commission that Appendix A’s original editions had a provision to restrict to auto repair businesses to Geneva Road, but somehow it was not included in the last rendition. He commented that the Commission needs to add a provision for auto repair in the heavy industrial and light industrial designations and restricts this use in the general commercial zone. He added that the Commission had talked about not having any more auto repair businesses on State Street. Commissioner Anderson observed that Hauns and Greys are grandfathered in. Mr. Smith explained that the use would continue unless the property was vacant for a year. This just limits these uses on State Street and locates them on Geneva Road.
The compatibility table and the various designations were discussed.
COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL OF THE ADDITION OF 6417- GENERAL AUTO/VEHICLE REPAIR TO APPENDIX A “STANDARD LAND USE TABLE BY ZONE,” AND DESIGNATE THIS USE AS A CONDITIONAL USE IN THE LIGHT INDUSTRIAL AND HEAVY INDUSTRIAL ZONES AND NOT PERMITTED IN THE RESIDENTIAL, MIXED RECREATION AND COMMERCIAL ZONES. COMMISSIONER PETERS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
7. ZONING ORDINANCE AMENDMENT - 17.40. ZONING DISTRICT ESTABLISHMENT
Amendment and update of section to coincide with new General Plan and Zoning Map.
Mr. Smith commented that when he finds code section that conflict, he tries to fix them. He observed that Section 17.40 does not have all the zoning designations that have been added since 1985. Chairman Morse asked if a blanket statement would be better. Commissioner Carpenter asked if the suggestions were those that are currently in use. Mr. Smith agreed. Chairman Morse confirmed that the statements added six zones. Commissioner Anderson asked if the blanket statement would be better. After discussion, Commissioner Carpenter observed that it may be ambiguous if the zones are not spelled out in detail.
COMMISSIONER CARPENTER MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL FOR AMENDING SECTION 17.40.010 TO LIST LINDON CITY’S CURRENT ZONES AS PER THE ADOPTED ZONING MAP. COMMISSIONER ATCHISON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
8. PLANNING DIRECTOR’S REPORT
1) Combined meeting with Council
2) Code Enforcement Update
3) R2 Overlay Training
Mr. Smith commented that today’s discussion of R2 Overlay was probably a good education on the subject. He noted that there had been a rush of these projects just lately. Commissioner Peters suggested that the R2 Ordinance be put on an agenda for a discussion. Chairman Morse agreed that R2 projects are always the most controversial subject. He also felt that maybe there are too many in that area and the distance requirement may need review. He asked if this could be covered in a combined meeting with the City Council. Mr. Smith replied that the next combined meeting is the URMMA training and asked for a suggestion of a date and time to hold it. It was decided that April 3, 2002 would be the best. There was a short discussion of the URMMA training.
Mr. Smith observed that for the Code Enforcement Update, Schaeffer Industries were being reviewed to check containment policies for acid leaks. Goodfellow was also being monitored for progress.
Mr. Smith asked for interest in the citizen planner seminars. It was decided that Commissioners Peters, Anderson, Morse, Atchison and Carpenter would like to attend the next seminar.
ADJOURN
COMMISSIONER PETERS MOVED TO ADJOURN AT 11:10 P.M. COMMISSIONER ANDERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED - April 9, 2002
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Loren Morse, Chairman
Attest,
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Kevin Smith, Planning Director |
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