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Home » City Government » Planning Commission » Minutes Archive; 2000 - 2002 » Planning Commission Minutes 2001 » May 9, 2001
May 9, 2001
The Lindon City Planning Commission held a regularly scheduled meeting on Wednesday, May 9, 2001 at 7:00 P.M. in the Lindon City Council Chambers at 100 North State Street, Lindon, Utah.
Conducting: Loren Morse
Invocation: Loren Morse
PRESENT
Loren Morse, Chairman
Ron Anderson, Commissioner
Lori Atchison, Commissioner
Bill Johanson, Commissioner
Evan Nixon, Commissioner
Lindsey Bayless, Councilmember
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
Adam Cowie, Planning Intern
Dan Wolfley, Planning Intern
ABSENT
Jim Peters, Commissioner
Jeff Southard, Commissioner
The Meeting began at 7:08 P.M.
BUSINESS
1. Approval of Minutes
The minutes of the regular meeting of April 25, 2001 were reviewed. The following corrections were made:
Page 4, Line 25: Add the name “Somewhere Inn Time” before the word “Bed.”
Page 8, Line 39: Replace the word “that” before the word “Commissioners” with the word “the.”
COMMISSIONER ANDERSON MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 25, 2001 AS CORRECTED. COMMISSIONER ATCHISON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
2. Public Comment
There was no public comment as this time. However, at 8:50 P.M., this item is revisited to allow Mr. Dean Lundberg of HBH Enterprises to speak. He was present to solicit an opinion from the Planning Commission on the possibility of getting approval to move his business from Springville to Lindon at approximately 100 South 1550 West. HBH Enterprises is a manufacturer of pet food that emits steam with an objectionable odor of fish. The Commissioners discussed his business, what prompted his desire to move, efforts to control the odor, and the neighborhood around the present and the proposed sites. Planning Director Kevin Smith was instructed to investigate the business by calling his present neighbors and report back to the Planning Commission. Mr. Lundberg was asked to check periodically with Mr. Smith for an update.
3. New Business - Reports by Commissioners
There was no new business.
Chairman Morse announced that items 5, 6, and 9 had canceled and would not be heard tonight.
4. LDS Stake Center- 50 East 600 North - Design Review
This is a continuation of the discussion from the last Commission meeting regarding the future status of 600 North where it connects to Locust Ave.
Mr. Smith introduced this item by stating that no action was required on this item. This design review’s purpose is to identify issues and suggest possible solutions. He reminded the Planning Commission that the last meeting had ended with the discussion on Storm Drain and 600 North access. He asked if the Commissioners had any comments.
Mr. Barry Allensworth and Mr. Roger Knell were present to represent the LDS Church. Chairman Morse asked if staff and the City Council had arrived at any solutions to the issue with 600 North and the width of the road. Mr. Smith replied that the City Council would not hear this issue until the subdivision plat went to them for approval, unless the applicant or Planning Commissioners requested a City Council Design Review. He told the Commissioners that the Development Review Committee (DRC) and the City Attorney had reviewed the agreement brought to light by Afton Fryer/Huggard. In light of this agreement and on behalf of Lindon City, Mr. Smith proposed that Lindon City improve the intersection and pave six to eight feet of the north side of the street between the corner and where the subdivision developed by Mr. Max Harper starts behind the Lee property. This would make the pavement 28 feet wide and allow two cars to pass. He presented a transparency that illustrated the proposal. Commissioner Nixon asked if the Development Review Committee members were in consensus that the road be widened only at the west end. He asked the width of the road beyond that narrow point. It was disclosed that 600 North widened to over 30 feet.
Commissioner Nixon expressed concerns about pedestrian access to Locust Avenue. Mr. Smith explained that three issues had been identified so far. They were the width of the access on 600 North from Locust Avenue, pedestrian access and safety, and storm/water runoff. Commissioner Anderson questioned the encroachment of the homeowner on the south side of 600 North into the road easement. Ms. Joy Lee, the homeowner in question, pointed out that, if the road were widened to the edge of the easement there, her home would only be 11-feet from the side of the road. She asked if it was legal to put the road that close to her home. It was explained that would make her parcel a legal “non-conforming” lot.
Chairman Morse asked if the improvements proposed for the intersection would correct the “blind curve.” Commissioner Nixon clarified Chairman Morse’s request by asking if the proposed improvements would correct the angle of approach from 600 North to Locust Avenue to ninety degrees. Mr. Smith replied that the improvements would not rebuild the angle of the road.
Commissioner Anderson contended that the improvements on the north side of 600 North were the responsibility of the late Max Harper. Ms. Fryer/Huggard told him that City representatives had approached her to allow Mr. Harper to develop without fully improving the road. She contended that the City had negotiated for Mr. Harper with her in this agreement and so was responsible for any deficiencies in Mr. Harper’s installation of 600 North.
Chairman Morse asked about the improvement width limit of 6-feet, when the easement extended further. Mr. Smith replied that 6-feet allowed for installation of curb, gutter and sidewalk within the easement on the north side of the street when the property owners decide to develop the parcel. The identity of the Ms. Huggard’s “city representatives” and their authority to act for the City was discussed. Ms. Lee asked if there might be an agreement on file between the former property owner of her parcel with Mr. Harper and Lindon City. That was unknown.
Chairman Morse asked if there were any other comments. Ms. Lee asked why the Church was surveying and blue staking if no approvals had been given. Mr. Knell replied that levels were being determined to facilitate the design process, but no surveying or blue-staking was being done.
Chairman Morse asked Mr. Smith if 28-feet would suffice to handle the traffic projections of 600 North. Mr. Smith replied that the City Engineer felt that would suffice to handle the vehicular traffic, but not the pedestrian traffic. Commissioner Nixon questioned the location of the school bus stop in the neighborhood. Mr. Smith replied that the school bus stop was located across from 600 North on the other side of Locust Avenue. The location of existing sidewalks was discussed. The distance of unimproved land on the north side of the street was determined. Consideration was given to requiring sidewalk from the existing sidewalk to Locust Avenue on the Lee property.
Mr. Knell asked if the Planning Commission usually followed the recommendations of staff on road issues, or if their decisions were arrived at independently of staff reviews. Chairman Morse informed him that staff recommendations were incorporated into decisions. Mr. Knell asked what the Planning Commission would require on the pedestrian issue. He asked if the agreement with Ms. Huggard covered this requirement. Commissioner Anderson replied that any development proposal for the Huggard land would be responsible for the curb, gutter and sidewalk installation in front of that parcel on the north side of the street.
Commissioner Anderson asked if the City had determined the proposed location of the storm drain installation in 600 North. Mr. Knell asked if the Planning Commission would approve the storm drain as recommended by staff. Mr. Smith replied that the storm drain system would be extended from Locust Avenue to Main Street by the City through the appropriate impact fee fund. The LDS Church would be responsible for the storm drain extension from Main Street to 200 East. He mentioned that one comment from DRC had been that since the Church is making such an impact on the neighborhood traffic patterns, they should be responsible for making sure that the neighborhood is safe by putting in the sidewalk.
Commissioner Anderson questioned why the City was putting in the storm drain to the edge of the Church property and proposed that this be part of the off-site development costs like the sidewalk. Mr. Knell suggested that the storm drain did not need to be connected to 200 East, since there would be no development on the Cemetery property. Commissioner Anderson replied that the underground utilities needed to be finished so the road would not be torn up again right away. Mr. Knell suggested that the sewer also did not need to run all the way to 200 East. Commissioner Nixon asked about the topography of the parcel. Mr. Smith replied that the parcel sloped to the south and west.
Mr. Knell asked what the City was willing to do to meet the obligations of traffic and utilities on 600 North. He asked what was going to be required of the Church. Mr. Smith replied that the Planning Commission needed to decide what the minimum requirements are, and then solve them.
Commissioner Johanson asked the width of the street by the chapel on 100 South. Mr. Smith replied that the pavement on 100 South is 34 feet wide. Commissioner Nixon commented that widening 600 North with six feet of asphalt would make that street 31 feet wide. Mr. Smith observed that the pavement width would remain the same the length of the street because of the jog beyond the Lee property.
Chairman Morse asked if it was necessary to address the sidewalk issue. Mr. Smith replied that it was necessary to decide where the sidewalk would go, how it would be installed, and who would pay for it. The Commissioners discussed the difficulties of placing the sidewalk on the Lee property. Commissioner Nixon asked if there was an irrigation ditch that would impede or endanger traffic on the north side of 600 North. Ms. Lee asked who would pay for the sidewalk on her property. Mr. Smith explained that projects within the City were funded either by development or the City’s Capital Facilities Budget. Each project is decided on a case by case basis.
Commissioner Anderson commented that if the LDS Stake were split and this chapel was used by wards to the East, the west end of 600 North may not need improvement. Chairman Morse disagreed by stating that the chapel would impact the traffic there also. Ms. Lee agreed with the Chairman and stated that if the chapel was constructed, 600 North would be used to get there. Mr. Knell asked if the City decided that a sidewalk is needed on the south side of 600 North, what can be done to put the sidewalk on the property. Mr. Smith replied that the City owns the right-of-way, however, sensitivity to the homeowner should be shown. He observed that any capital improvement projects would need City Council approval. Mr. Knell asked if the Planning Commission would make a recommendation to the City Council to consider this. Commissioner Anderson asked if the Commissioners would consider requesting the City Council to schedule a design review of this project. The Councilmembers Commissioners agreed.
Ms. Lee suggested that Main Street be completed to 480 North to create another outlet for traffic. Commissioner Nixon commented that completing Main Street was problematic. Commissioner Anderson explained to Ms. Lee that the property owner along Main Street was not involved in this development and could not be forced to develop his property.
The various options for putting sidewalk on the west end of 600 North were discussed further. Commissioner Nixon observed that, in his opinion, sidewalk was needed to separate the vehicular traffic from the pedestrian traffic and that the sidewalk needed to be on the south side. An observer agreed and commented that this plan would help prevent children from crossing 600 North and Locust Avenue to access the school bus stop. Councilmember Bayless observed that putting the sidewalk on the south side would reduce the necessity to redo curb cuts that would be required if the improvements were put on the undeveloped north side. Commissioner Nixon suggested being creative with a park strip so the trees may not have to be removed. Ms. Lee suggested some kind of striped bike path on the pavement. Commissioner Anderson wondered if some removal on the south side may be necessary to install the storm drain improvements. Mr. Smith agreed that something creative was needed and pointed out how the City had accommodated the homeowner on 200 South by narrowing the street past his home. Commissioner Nixon commented that the sidewalk improvement would have been needed eventually. The problem was how to do it now. He observed that the north side would be put in by development, so that was taken care of.
Mr. James Hacking, President of the LDS Stake and a Lindon resident, commented that the weekend church traffic would not conflict with the weekday school traffic that may be generated if the Alpine School District does construct a school across from the chapel. Commissioner Nixon observed that some of the Church traffic may be pedestrian traffic. Mr. Lyle Lamoreaux, 235 North 200 East, suggested that since the City had paid to install curb, gutter and sidewalk on Locust Avenue in front of an existing home that was not part of a Harper development, that precedence had been set and the City should install the sidewalk on the Lee property. He felt that the sidewalk was necessary for the safety of pedestrians and to channel excess water runoff to the storm drain.
Mr. Brad Hall, 612 North 75 West, questioned the east end of 600 North. He wondered about the setback distance between the home and the edge of 600 North when the street along the City Cemetery was completed to 200 East. He felt that 600 North may cut too close to it. Mr. Allensworth commented that the owners may be trading the home to the Alpine School District. Mr. Knell didn’t feel that the setback was inadequate enough to be an issue. Commissioner Johanson questioned the remaining size of the lot with the easement for the road removed. Commissioner Nixon commented that it may be a non-conforming lot. Commissioner Anderson observed that there was a possibility that the School District may include the lot in its parcel and so the “non-conforming” issue may not arise.
Chairman Morse commented that he personally did not care if the sidewalk was either on the north side of 600 North, or on the south side. He did feel that the sidewalk was necessary, and felt that it worked best on the south side. Mr. Gary Otterstrom, of 649 North 75 West, observed that some improvements on the north side of the street may be necessary to control water that presently crosses the street. He told the Commissioners that presently the water accumulates on the south side in and near the intersection. During the winter, it freezes and stays frozen because of the shade.
Commissioner Johanson agreed that the sidewalk should be on the south side of 600 North. Ms. Lee asked who would pay to put the fence back up and move the sprinklers. Commissioner Nixon pointed out that these improvements had been put on city property. Commissioner Johanson suggested noted that a special improvement district could be used to pay for the curb, gutter and sidewalk installation. Councilmember Bayless assured Ms. Lee that the City would not really consider a special improvement district for one property owner. There was little chance that the City would consider a special improvement district that the homeowner would have to sell the home to pay. Commissioner Anderson commented that really would be a “worst case scenario.”
Mr. Shawn Reeves, 53 West 650 North, welcomed the LDS Church into the neighborhood. Mr. Alan Colledge, acknowledged that the neighborhood would be impacted, however, he felt the neighborhood was supportive of the siting of the chapel there. He recognized that there were barriers to overcome. He suggested that the neighborhood, City and Church work together to facilitate and support this chapel construction project. Mr. Hacking commented that he, as Stake President, was partially responsible for choosing this site. He suggested that this property was nearing the development stage anyway, so these issues would have needed to be solved sooner or later. This would only make it the sooner rather than the later.
Mr. Hall proposed that Main Street is the better access to this site. Mr. Knell, referring to a discussion from the previous meeting, said that the Church would prefer not to build an access street from the parking lot to Main Street. Commissioner Nixon said that he would prefer an access to Main Street because it is designated as a collector. Mr. Knell pointed out the slope of the land and the retaining wall that would be necessary. An access would cross that retaining wall. Commissioner Nixon felt that it would be a mistake not to have this access on to the future Main Street. Mr. Knell suggested that a right-of-way could be left at this location, but the actual access would not be built until Main Street was constructed. Mr. Smith suggested the possibility of a development agreement to ensure that eventuality. There was discussion concerning the right-of-way impacting the size of the lots left on Main Street. Commissioner Nixon felt that there was enough land there to accommodate both the access and two ½-acre lots.
Commissioner Johanson agreed that access to Main Street was needed. He pointed out that people tended to park where there was easy accessibility. He suggested that an access from Main Street would encourage parking in the back of the building. Mr. Smith commented that the City Engineer had not thought this important, but he, personally, agreed that parking in the parking lot should be encouraged. Commissioner Johanson suggested putting a red line on the curb in front of the chapel. Mr. Hall agreed.
The size of the remaining lots if an access right-of-way was removed was discussed further. Councilmember Bayless suggested that a bond could be required to improve the access. Mr. Lamoreaux suggested that a stop sign may be necessary at the intersection of Main Street and 600 North, if only for the safety of pedestrians. The Commissioners agreed that when Main Street is extended north, a stop sign may be necessary. Commissioner Nixon commented that Main Street was sized to handle a volume of traffic that 600 North was not capable of handling. Chairman Morse suggested that the developers and the City Engineer look at the access to Main Street issue and make a recommendation. He commented that it may not be practical. Commissioner Anderson agreed.
Mr. Colledge observed that since the motto of Lindon City was “a little bit of country,” he felt the City could not justify more asphalt in an unnecessary access. Commissioner Nixon replied that the vehicle access to Main Street was more of an issue than getting parking off the streets. He suggested that Mr. Colledge consider allowing access through his property and complete Main Street from 400 North. Mr. Colledge invited the City to condemn his property and put in Main Street. Ms. Susan Holyoak, 641 North 75 West, asked if the Church and City had considered adjusting the position of the chapel next to Main Street rather than having lots on Main Street. Commissioner Nixon assured her that it had been discussed, however, the City could not required frontage on Main Street, only access to Main Street. Mr. Hacking observed that the costs of building a chapel with frontage on both Main Street and 600 North would rise with the additional street improvements needed. Mr. Jim Byron, 50 West 650 North, felt that the Church was doing more than the usual by finishing 600 North to 200 East.
Ms. Lee pointed out that she had invested a lot of time and money into her trees and flowers. Chairman Morse told her that the City did not want to disturb her landscaping, but the safety of pedestrians was an important issue. Commissioner Nixon suggested that the City consider an alignment as creative as possible. Councilmember Bayless requested that Mr. Smith bring photographs to the City Council design review. Mr. Smith agreed and said he would also have some staff recommendations.
Mr. Byron suggested that a stop sign on Main Street and 600 North, or speed humps on 600 North be considered to slow motorists. Ms. Huggard suggested that the operators of Gardner Ditch be contacted about the debris being pulled out of the ditch and left on the side of the street. Mr. Smith replied that he would pass that information along to the Public Works Director.
Mr. Hall commented that the “wild card” that no one could predict was the School District acreage. He expressed concern about potential traffic, pedestrian and access problems. Mr. Smith replied that additional access could be had to this parcel from Main Street or 200 East. The school district may front the school on one of these streets and not on 600 North.
Ms. Lee asked why the City was only going to put in a partial widening of asphalt on 600 North. Commissioner Anderson replied that Mr. Harper was responsible for the finishing of the street. Since Mr. Harper was deceased, a determination of responsibility was needed. Ms. Huggard disagreed and reiterated that the City was responsible. Councilmember Bayless reminded the public that when the City pays, it is each resident who pays individually.
COMMISSIONER NIXON MOVED TO RECOMMEND THAT THE CITY COUNCIL SCHEDULE A DESIGN REVIEW OF THE LDS STAKE CENTER PROPOSAL ON 600 NORTH STREET. THE PLANNING COMMISSION RECOMMENDS THAT A CREATIVE CONFIGURATION BE DECIDED FOR THE SIDEWALK ON THE SOUTH AND WEST END OF 600 NORTH NEAR LOCUST AVENUE, THAT ACCESS TO MAIN STREET BE CONSIDERED, AND THAT ADDED ASPHALT BE PROVIDED ON 600 NORTH NEAR LOCUST AS STAFF HAS RECOMMENDED. COMMISSIONER JOHANSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
5. Center Street Estates - 800 East Center Street - Preliminary Subdivision Approval Request
This is a request by the applicant for approval of a 9-lot subdivision.
This item was canceled by request of the applicant. They will be rescheduled at a later date.
6. Randy and Aline Hardman - 749 North 400 East - Conditional Use Permit - Accessory Apartment
This is a request by the Hardmans for approval of an owner-occupied Accessory Apartment in their home.
This item was canceled by request of the Planning Director. There were two applications for approval of an Accessory Apartment in the same neighborhood. One application had received an unfavorable response to the notice. A mistake had been made and the wrong application had been advertised for a conditional use permit. This application had received no responses from the neighborhood. The correct application will be heard at the next meeting of the Planning Commission on May 23, 2001.
7. Qwest Wireless - 70 North State Street - Conditional Use Permit - Cell Tower
The applicant is requesting approval to construct a stealth cell tower in the upper area of the Lindon City Park.
Mr. Shawn Graff was present to represent Qwest Wireless. Mr. Smith explained that Qwest would like to place a wireless tower in the Lindon City Park. It would be a 60-foot tower and would have lights mounted on it to illuminate the ballfield and parking area. There would be no ground lease necessary because all the equipment would be mounted on the pole. He observed that since the cell tower would look like a light pole, it would not detract from the atmosphere of the park. He distributed pictures of comparable sites and a site plan. He commented that the company should agree not to remove the tree as indicated on the site plan.
Mr. Graff described the pictures as sites located near the Provo Towne Center Mall and the Quality Inn in American Fork. He indicated that the type of lights to be installed was negotiable. He described the pole as 18-inches in diameter. The antennas would be placed on top of the pole and not around the pole in the usual configuration. The radio package placed around the base of the pole would be about 24-inches in diameter. He asserted that most people would be hard pressed to identify this pole as a cell tower.
Commissioner Anderson verified with Mr. Graff that there would be no ground lease. Mr. Graff identified this installation as new technology presently used only by Qwest. No fence was needed. Mr. Smith commented that advantages to granting this application would be added safety lights in the park and revenue to the City. Chairman Morse requested that the pole be moved to obviate the removal of the tree. Mr. Graff replied that moving 5-10 feet was no problem. Commissioner Nixon suggested moving far enough that there would be no interference with the future growth of the tree. Chairman Morse asked about the color of paint on the pole and whether it would blend with the surroundings. Mr. Smith suggested an earth tone color. Mr. Graff replied that white was usually used to mimic a light pole, however, the Commissioners could dictate whatever color they prefer. Chairman Morse indicated that earth tones would be preferable.
COMMISSIONER NIXON MOVED TO APPROVE THE REQUEST BY QWEST WIRELESS FOR A CELL TOWER IN THE LINDON CITY PARK AT APPROXIMATELY 70 NORTH STATE STREET AND RECOMMEND APPROVAL TO THE CITY COUNCIL WITH THE CONDITIONS THAT QWEST BE RESPONSIBLE FOR RELOCATING THE POLE AWAY FROM THE TREE A DISTANCE RECOMMENDED BY STAFF, AND THAT THE POLE BE PAINTED A COLOR RECOMMENDED BY CITY STAFF. COMMISSIONER ANDERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
8. Mid Valley Commerce Center - 150 North 2000 West - Preliminary Subdivision Approval Request
This is a request by the applicant for approval of a 4-lot subdivision in the Light Industrial Zone.
Mr. Kenny Seng was present to explain his request. Mr. Smith described the location of the proposed subdivision as near the freeway overpass on 2000 West. He discussed the plat and showed that Lot 4 would be amended from an earlier plat to include more acreage. He pointed out that the subdivision bordered the main drainage canal along 2000 West. Staff was concerned that access be limited across this canal so that flow is unrestricted. They suggest that Lots #6 & #7 share access across the canal on a box culvert and that Lot 5 have access restricted to 150 North Street. He informed the Commission that an application for a producer of educational magazines would be submitted for review on Lot #5.
The Commissioners discussed the canal location and its importance in the region for storm drainage. The bridge that had been installed south of this location was described and the improvements slated for that area discussed. Commissioner Nixon asked Mr. Seng to identify the “notch” in the northwest corner of the plat. Mr. Seng replied that was the access to the UDOT overpass.
Commissioner Anderson asked Mr. Seng if he was agreeable to the shared access recommendation. Mr. Seng said yes and commented that this proposal was better than the previous one that asked for access across the other lots. Commissioner Nixon asked if sidewalk was required. Mr. Smith replied that no sidewalks were required west of the freeway. Commissioner Nixon observed that detention and landscaping would be addressed on the individual lot site plans.
COMMISSIONER ANDERSON MOVED TO APPROVE THE REQUEST BY KENNY SENG FOR PRELIMINARY APPROVAL OF MID VALLEY COMMERCE CENTER, PLAT “B, “ A 4-LOT SUBDIVISION AND AN AMENDMENT TO LOT 4 OF MID VALLEY COMMERCE CENTER PLAT “A,” AND RECOMMEND APPROVAL TO THE CITY COUNCIL WITH THE RECOMMENDATION THAT ACCESS TO LOTS 6 AND 7 BE LIMITED TO A COMMON BOX CULVERT ACROSS THE CANAL FROM 2000 WEST AND SHARED ACCESS WITH CROSS EASEMENTS, AND THAT ACCESS TO LOT 5 BE RESTRICTED TO 150 NORTH. COMMISSIONER ATCHISON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
9. Meadows at Bald Mountain, Plat “B” - 700 East 800 North - Preliminary Subdivision Approval Request
This is a request by the applicant for approval of a 45-lot subdivision.
This item was canceled by request of the Planning Director. Mr. Smith has called the applicant to cancel this hearing by the Planning Commission until the required submissions are complete.
10. Dirker Farms - 64 South 200 East - Preliminary Subdivision Approval Request
This is a request by the applicant for approval of a 14-lot residential subdivision.
Mr. Smith presented the proposed plat of the Dirker Farms Subdivision. He pointed out that 300 East and 100 North were proposed to be connected in an “L” shape. He presented a satellite photo with the 300 East and 100 South Streets drawn across the property lines so the Commissioners could see the alignment. He told the Commissioners that 300 East was on the General Plan to go through to Center Street.
Mr. Rick Murano presented a letter from the Austins, 95 South 300 East, that would incorporate their property into the development and give them three lots. For their dedication of the right-of-way, he would finish the roads and be reimbursed his costs through a reimbursement agreement.
A letter from the Johnsons, 33 South 200 East, was distributed and discussed. Chairman Morse asked Mr. Murano what effect the Johnson’s decision would have on his plat. Mr. Murano replied that putting a road stub to the north would make him lose lot 7. Mr. Wayne Johnson, present in the audience, requested that 300 East be planned to go through to Center Street as proposed in the General Plan. Mr. Murano was asked how the plat would change if the Johnson property was not included. Mr. Murano indicated that the lots on the north side of 100 South would be shallower and there may be only three lots instead of six. Mr. Smith observed that the plat would need to be revised.
Mr. Johnson requested that Mr. Murano extend the improvements to the edge of the Johnson property. Mr. Murano requested to be reimbursed for his expenses to put in those improvements. Mr. Smith replied that the City required developers to put in improvements to the edge of the property. That was how most of the city had been developed–each developer picked up where the last left off and carried it on to the edge of his property. Mr. Smith suggested that if the Eggetts did not want to develop their property, a half street may be considered.
Chairman Morse asked if the Eggetts were present. Mr. Ms. Bernie Eggett indicated that he she was not excited to have 300 East extended to Center Street. He She would receive no benefit by having this extension done. There was some discussion of the possible size of lots and frontage if 300 East were pushed through to Center Street. Mr. Smith commented that any lot made smaller than the minimum requirements for a subdivision by a right-of-way dedication for a road on the General Plan would be eligible for a Board of Adjustment ruling.
Mr. Johnson asked that his parcel not be landlocked and that he not lose access to his one lot. Commissioner Johanson asked the depth of Mr. Johnson’s parcel. He replied about 600 feet. Commissioner Nixon observed that the only access to this long, deep parcel was through this subdivision if 300 South did not extend through to Center Street through the Eggetts. Mr. Eggett pointed out that the City pump house may be in the 300 East right-of-way and might need to be moved. Councilmember Bayless suggested that a cul-de-sac on 300 East would allow the Johnsons and the Eggetts to access their back lots without disturbing the frontage on Center Street. Mr. Johnson objected to this plan. He claimed that Walkers had an agreement to put 300 South through the block. He urged the Commissioners to research past agreements with homeowners and be clear about what was best for the neighborhood.
Councilmember Bayless observed that the Commissioners needed to decide what was best to do now. She suggested that to limit the financial impact on the Eggetts, a cul-de-sac between them and Johnsons may be the answer. Chairman Morse observed that the cul-de-sac could be built or bonded for. Barbara Walker, 35 South 400 East, suggested that a future homeowner may not prefer a cul-de-sac, and may eventually decide to put 300 East through to Center Street. She also felt that the Johnsons should not be inhibited, and the Eggetts not be forced to develop. She reminded the Commissioners about her views on cul-de-sacs and suggested that a stub road be left there with no cul-de-sac.
Mr. Larry Walker disagreed with “Aunt Barbara” about her views of cul-de-sacs. He admitted that he would rather not have 300 East go through his lot on the west side of Eggetts. He advocated a circle and suggested that there may be prohibitive costs involved in moving the pump house. Mr. Johnson reiterated his request that the Commissioners read the history of this block in the minutes of past meetings. He claimed that papers had been signed that affected decisions that may be made here. He alleged that he was not trying to push 300 South through to Center, he just wanted to have utilities to the back of his lot as he was promised.
Mr. Smith suggested to Mr. Murano that he plan for a corner, the dedication of property necessary to extend 300 East to the Johnson property, and bonding for 300 East to the edge of his parcel. He also suggested that Mr. Murano verify the 2 lots and frontage requirements that Mr. Austin has requested. Mr. Murano agreed.
Mr. Eggett asked if the City would allow access to the Johnson property on the 25 foot half road that would be dedicated by Mr. Murano since they did not intend to develop their half of the road. Chairman Morse suggested that Mr. Murano put in both halves and be reimbursed. Commissioner Anderson suggested that a private drive may solve this dilemma since there was the possibility of only two houses. Councilmember Bayless disagreed with this assessment. She said that there would be problems with the garbage truck and snow removal, and that a private drive is limited to only one home, not two.
Chairman Morse commented that 300 East is not necessary for circulation. Mr. Smith agreed and observed that 300 East was not a collector and was placed on the General Plan to allow access to parcels within the interior of the block. Mr. Johnson requested a dead end street with no cul-de-sac. Chairman Morse observed that this discussion would need to be continued to allow Mr. Murano to redesign his subdivision to meet the neighborhood needs.
Mr. Murano suggested that a bridle path might be a nice addition to the neighborhood. He asked if the neighbors would support a bridle path access to Center Street. Mr. Johnson commented that the neighborhood had a trespass problem and that he would not be disagreeable to a pathway. Mr. Smith solicited comment from the Walkers and the Eggetts. Mr. Eggett asked if the pathway would be paid for, maintained and fenced. Mr. Smith replied that it would be dedicated to the City. Councilmember Bayless Mr. Smith indicated that she he would forward the specifications for a trail to Mr. Murano. Mr. Johnson again urged the Commissioners to look at the history of the block and read the minutes of past meetings pertaining to these parcels.
COMMISSIONER ATCHISON MOVED TO CONTINUE THE REQUEST BY RICK MURANO FOR PRELIMINARY APPROVAL OF DIRKER FARMS, PLAT “A,” A 14-LOT SUBDIVISION. COMMISSIONER NIXON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
11. Standard Land Use Table Review
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.
Planning Intern Adam Cowie asked the Commissioners to review page 7 of the proposed Standard Land Use Table and make suggestions. Commissioner Anderson suggested that 6312 Outdoor Advertising be permitted in the Light Industrial Zone and 6360 Employment Services be permitted in the Mixed Commercial Zone. Commissioner Nixon suggested that 6313 Direct Mail Advertising also be permitted in the Light Industrial Zone and 6331 Private Postal Services be a conditional use in the Heavy Industrial Zone. Councilmember Bayless initiated discussion on 6292 Wedding Reception Centers. This line was left unchanged. The changes were approved.
Page 8 was considered. Commissioner Nixon suggested that 6370 General Warehousing be permitted in the Light Industrial Zone. He suggested that 6378 Stockyards not be permitted in the Light Industrial Zone. Chairman Morse suggested that 6394 Equipment Rental and Leasing be permitted in the Light Industrial Zone. Commissioner Nixon disagreed. He felt the Planning Commission should review these applications for outside storage and set conditions that keep these businesses clean and maintained. He felt that this use and 6395 Automobile and Truck Rental should be conditional in the Commercial and Mixed Commercial zones also. The Commissioners agreed. Commissioner Nixon suggested that a tire shop should be allowed in the PC-1 and Commercial zones so that customers to retail businesses in these zones can conveniently have their tires worked on while they are shopping.
Councilmember Bayless suggested that 6531 Author Services, Genealogical and Interior Design Services may be appropriate uses in the Planned Commercial Zone. After discussion, the Commissioners left the entries as is. Commissioner Nixon suggested that Construction Services were inappropriate for the PC-1 and CG Zones, but may be conditional in the Heavy Industrial zone. There was discussion on allowing the offices only of General Contractors and Landscapers in the Light Industrial Zone, and making the offices of Landscapers a conditional use in the R & B zone. The Commissioners decided to permit Universities and Colleges in the Mixed Commercial Zone, but make Professional & Vocational Schools conditional in the Commercial, Mixed Commercial, and R & B zones. Art, Music and Dancing Schools were made conditional in the R & B zone. All Religious and Professional Organizations were not permitted in any residential zone.
It was decided to start on the 7000 section at the next meeting.
12. Planning Director’s Report
Mr. Smith reminded the Commissioners that a special training would be held on Tuesday, May 29, 2001 at 7:00 P.M. Mr. George Shaw, Senior Planner for Sandy City, would be presenting “Fun with Zoning.”
Mt. Mr. Smith passed individual copies of the updated, revised General Plan for the Commissioners use. There was some discussion on the changes made by the City Council.
He introduced the new planning intern, Dan Wolfley.
ADJOURN
THE COMMISSION ADJOURNED BY CONSENSUS AT 10:36 P.M.
Certified as Correct, May 23, 2001
Loren Morse, Chairman
Attest,
Kevin Smith, Planning Director |
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