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Home » City Government » Planning Commission » Minutes Archive; 2000 - 2002 » Planning Commission Minutes 2001 » October 24, 2001
October 24, 2001
The Lindon City Planning Commission held a regularly scheduled meeting on Wednesday, October 24, 2001 at 7:00 p.m. in the Lindon City Center Council Chambers at 100 North State Street, Lindon, Utah.
Conducting: Loren Morse, Chairman
Invocation: Lori Atchison
PRESENT
Loren Morse, Chairman
Ron Anderson, Commissioner
Lori Atchison, Commissioner
Bruce Carpenter, Commissioner
Bill Johanson, Commissioner
Evan Nixon, Commissioner
Marilyn Simister, Commissioner
Lindsey Bayless, Councilmember
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
Matt Perkins, Planning Intern
Justin Drager, Planning Intern
ABSENT
Jim Peters, Commissioner
The Meeting began at 7:08 P.M.
1. MINUTES
A review of the Minutes of the regularly scheduled meeting of October 10, 2001 was held. The following corrections were made:
Page 2, Line 16,17: Replace the name “Center” with the name “Main.”
Page 2, Line 18: Replace the name “Center” with the name “Main.”
Page 5, Line 22: Add the letter “t” to the end of the word “no.”
Page 7, Line 18: Replace the word “Gold” with the word “Golf.”
COMMISSIONER CARPENTER MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 10, 2001 AS CORRECTED. COMMISSIONER ATCHISON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
2. PUBLIC COMMENT
Mr. Dallin Bills and Jewel Hutchison, were present to ask the Planning Commission the requirements to get a deep lot building permit for a parcel located on 400 North and 200 East. Mr. Smith explained that the property owner and her son-in-law had met with him earlier. He observed that he had explained to them the language of the deep lot ordinance that says that there cannot be any other way to subdivide the property. Chairman Morse inquired of Mr. Bills why the lot cannot be subdivided any other way.
Mr. Bills replied that the parcel is not being fully subdivided and sold. The plan is to eventually divide off lots along 200 East for family members, however, at this time, the parents of the family do not want the orchard disturbed. Mr. Bills would have 16 feet of access and would like to build a home behind the orchard.
Chairman Morse asked how deep the parcel runs. Mr. Bills replied 320 feet. Commissioner Anderson asked the purpose of the large building showing on the aerial photo. Mr. Bills replied that the building is a barn.
Commissioner Nixon suggested that Mr. Bills consider an R2 Overlay project with a larger lot. Mr. Smith noted that this option had been talked about. He noted that the project would require over an acre and frontage on the street. Commissioner Johanson commented that he understood that the parents did not want to sell the whole square parcel to Mr. Bills, however, would they consider retaining ownership and letting him build on the whole parcel. This was discussed. Commissioner Nixon pointed out that if the home is built on the back portion of the whole lot, there is no guarantee that a future Commission will approve a flag lot when the front parcel owner is ready to build a home. He also mentioned the possibility of a neighbor putting in a flag lot that would preclude the subdivision of any flag lot on this parcel.
Commissioner Johanson asked if the Hutchisons would consider subdividing the whole parcel now. Mr. Bills explained that they planned lots for each of their five children plus an extra one which would be sold. The Hutchisons and Bills were in attendance to find out the options to make it work. Mr. Bills explained that the Hutchisons are willing to work with him to make it work, if they have to leave it as one piece or to have frontage on the street. Mr. Smith pointed out that if the whole parcel is platted now, the improvements would need to be installed before final approval and building permit issuance.
Commissioner Anderson commented that he didn’t think this situation fit the deep lot ordinance. He suggested that the best solution is to leave the one acre parcel as one piece and then subdivide it later and put in the improvements. Commissioner Nixon cautioned that the lot would need 40,000 square feet plus the driveway to be considered for a deep lot later. Mr. Bills asked if he put in the driveway, built in the back, and left the orchard for now, would the Hutchisons be able to get a building permit for the front lot. Mr. Smith replied that it was a possibility, however, future planning commission members may not approve it based on the clause in the deep lot ordinance that states that deep lots may be considered if there is no other way to develop the parcel. They may find that it could have been developed another way if not planned to be a deep lot from the start. Commissioner Atchison asked if the Hutchisons and Bills could apply for an R-2 Overlay project now. Mr. Smith indicated that this proposal did not fit the intent of that ordinance either.
Mr. Bills verified that there still may be a problem in the future obtaining a building permit. Commissioner Nixon pointed out the likelihood of dealing with another Planning Commission in the future. Mr. Bills asked about the possibility of future zoning of less than one-half acre. Mr. Smith expressed the opinion that this possibility is “not in the foreseeable future.”
Mr. Bills asked the Commissioners’ opinion on which option is the best way to accomplish his goal. Commissioner Nixon commented that there is no guaranteed way, but some have potential. Mr. Smith suggested that a lot with frontage and a full acre be platted now. He cautioned that there is no guarantee of future development. Commissioner Anderson added that the lot should be 40,000 square feet plus the driveway. He advised Mr. Bills to not miss the opportunity to subdivide the front lot by missing a couple of square feet in the acreage requirement. Mr. Bills asked for verification that if he platted a lot with the full frontage on the street, he can build. He asked if the Hutchisons would have to deed the full parcel to him. Commissioner Johanson replied that he thought the deed would need to be in Mr. Bills name. Mr. Bills asked if he could deed the front piece back to the parents after the building permit was issued. Commissioner Johanson suggested that the lot remain in the parent’s name and the building permit be issued in their name also. Mr. Bills commented that since the home would be build built without a mortgage this may be possible. Commissioner Carpenter again cautioned Mr. Bills that the family may not be able to build on the front piece.
Mr. Bills mentioned that there may also be a sewer problem. The sewer in the street might not be deep enough to service a home at the back of the lot.
Chairman Morse observed that deep lots are not popular in Lindon. He didn’t feel that Mr. Bills would be in compliance with the ordinance and that the future was not assured. He asked if there were other options. Mr. Smith mentioned a cul-de-sac. Mr. Bills indicated that the family is not interested in subdividing at present. Chairman Morse suggested that Mr. Bills continue his conversations with Mr. Smith and noted that subdivision of land is speculation on the future. Commissioner Anderson cautioned Mr. Bills that he may be able to build now, but there are no guarantees on whether another building permit will be issued in the future. Mr. Bills asked if he could build on the front piece and be more assured of a building permit on the back. Mr. Smith told him that it would be the same situation. The parcel, if planned correctly, could have been subdivided without a deep lot. Commissioner Nixon agreed. Mr. Bills thanked the Commissioners for their comments.
Chairman Morse asked if there was any other comment from the public. There was none.
3. NEW BUSINESS (Reports by Commissioners)
Commissioner Nixon asked about the progress of the Dirker subdivision plat. Mr. Smith replied that the City Council had heard the application for final approval on the October 17, and would consider it again on November 13. They are requiring that the access to Center Street on 300 East be maintained. Commissioner Anderson asked about the shape of Lot #11. Mr. Smith indicated that the lot was approved as is. He commented that the alignment issue was resolved also. The only issue remaining is the access.
Mr. Smith introduced Commissioner Marilyn Simister who would be replacing retiring Commissioner Bill Johanson.
Mr. Smith also advised the Commissioners that the Lennard Lee application would not be heard tonight. He had requested that the item be taken off the agenda. Mr. Smith also noted that the next Planning Commission meeting would be held on November 14 and there would be only two more meetings before the end of the year, November 14 and December 12.
4. S & L INC. - 900 WEST CENTER STREET - CONDITIONAL USE PERMIT
This is a request for approval of an office/shop building in the Light Industrial Zone.
Chairman Morse invited Mr. Steve Larson to the front. Mr. Smith introduced this application for an office/shop development on Center Street. He noted that the Commissioners had seen this application briefly as a public comment item in September. Copies of the plat were displayed on the overhead. Mr. Smith observed that the block building with an office area in front had been pulled away from the property line and access had been identified to possibly develop the parcel to the south. He asked Mr. Larson for elevations of the building.
Commissioner Johanson commented that the Commission had also heard concerns from adjacent landowners. It was determined that Ms. Susan Earl was present. Ms. Earl expressed renewed concerns about protection of her home from this light industrial use. She requested a masonry block wall on her shared property lines. Mr. Smith observed that the plat showed a masonry wall on the residential property line of Ms. Earl, and a chain link fence bordering the property to the south which Mr. Larson intends to purchase.
Ms. Earl asked if the buildings would be set back from the fence. Mr. Smith replied yes. Mr. Larson clarified that his building would be 20-feet off the property line. Commissioner Johanson asked about Mr. Larsen’s plans for outside storage. Mr. Larson commented that he would be using the yard to store equipment and trucks. Commissioner Johanson asked if any extra materials for jobs would be stored in the yard. Mr. Larson replied that he had no intent to store extra gravel or soil on this parcel. Ms. Earl asked the Commission how Mr. Larson would be kept in compliance. Commissioner Atchison told her that all complaints would be investigated. Mr. Smith informed the applicant and his neighbor that all conditional use permits are reviewable upon complaint.
Commissioner Carpenter asked Ms. Earl about her concerns with noise that she had mentioned at the last meeting. Commissioner Anderson noted that Anderson Components had a problem with the noise of working all night. The noise problem with the other businesses in the area was discussed. Mr. Smith told Ms. Earl that he needed a citizen report form filled out to investigate these other complaints.
Chairman Morse questioned Mr. Larson on his working hours. Mr. Larson replied that he worked during daylight hours–in the winter these are shorter. He considered his business a good transitional business between the residential zone and the light industrial zone because of this fact. Chairman Morse asked Mr. Larson to explain his business. Mr. Larson explained that this office/shop area would be used to maintain heavy equipment. Chairman Morse asked if there would be dust. Mr. Larson replied that the yard would be mostly asphalt with one graveled area. Commissioner Carpenter asked Mr. Larson what time on a summer morning the trucks would be moving out. Mr. Larson replied that it would be early. Commissioner Carpenter asked if that meant 6:00 A.M. or earlier. Ms. Earl commented that she had been told earlier by Mr. Larson.
She told the Commissioners that she would have no protection from the noise. The current nuisance ordinance was discussed.
Mr. Smith suggested that operating hours be made part of the conditional use permit. Mr. Larson suggested a limitation of daylight hours and commented that he would like to be a good neighbor within reason. He felt that daylight hour would be a fair limitation.
Chairman Morse suggested that this concern be set aside for a moment to talk about other issues. He asked Mr. Larson about lighting in the yard. Mr. Larson indicated that there would be no lights in the yard. Chairman Morse wondered if the equipment would be visible through the chain link fence on the back. Commissioner Johanson reported that the neighboring parcel was pasture and had no home on it. Commissioner Carpenter wondered if items would be visible above the block wall. Mr. Larson replied that some of the machinery is taller than 7-feet, however, there would be no stacking. Commissioner Anderson asked about security and a gate across the driveway. He was shown where the gate would be located. Commissioner Nixon verified the location of the yard area in slag not asphalt. Chairman Morse confirmed that the building would be set back 20-feet from the wall.
Commissioner Anderson asked Mr. Larson how many employees he had. Mr. Larson replied that he had 67 employees, but most of these go straight to a job and will not be going to the building. The only ones that will park at the site will be mechanics, truck drivers and office workers. Mr. Smith indicated that there was sufficient parking on the site plan to meet the requirements. Commissioner Anderson confirmed that no employees would be parking on the street for lack of spaces.
Chairman Morse asked about elevations. Mr. Larson showed the elevations to the Commissioners and explained that the building would be built of block and cultured stone. Commissioner Nixon asked about the siding on the back. Mr. Larson explained that the siding would be colored block above a concrete wall. He said that the reason for the concrete wall is to protect the building from being accidentally punctured by equipment.
Commissioner Nixon questioned a small door on the south end of the building. Mr. Larson explained that the door was intended for a walk through and ventilation. Commissioner Nixon asked if Mr. Larson intended a texture treatment of the concrete. Mr. Larson replied no. The other buildings in the zone were discussed. Commissioner Nixon wondered if the untextured concrete would set precedence. Commissioner Anderson asked if the lack of treatment would meet the architectural standards of the zone. Commissioner Nixon observed that a concrete tiltup building required texture. Mr. Larson commented that he would “do all we can, but I want utilitarian.” Commissioner Nixon replied that he understood Mr. Larson concerns. He was just being careful to not set precedent.
Chairman Morse suggested that the Commission settle the noise issue. He wondered about setting a limit of 7:00 A.M. to 7:00 P.M. Mr. Larson indicated that these hours would be a challenge in the summer. Commissioner Anderson asked where Mr. Larson’s jobs were located in the state. Mr. Larson replied that he had a job in Bear Lake that required early starts, however, he doesn’t “see the situation as a problem.” Commissioner Anderson asked the hours of the shop. Mr. Larson replied that the shop would operated from 8:00 A.M. to 5:00 P.M. Chairman Morse suggested that Mr. Larson consider a company policy that would require vehicles leaving early to be put in a sheltered area that would not disturb the neighbors. Mr. Larson agreed to this suggestion. He commented that this yard is mostly for storage–there will be no shift changes or forklifts. Commissioner Nixon observed that the problem is with starting diesel truck and then letting them warm up. Commissioner Anderson endorsed the daylight hours suggested. Commissioner Nixon agreed but felt it may be restrictive in the winter. Commissioner Carpenter pointed out that the daylight hours suggestion had been made by Mr. Larson so he must be anticipating no problems. Mr. Larson indicted that he was willing to abide by the daylight hours restriction and, if Ms. Earl had problems, she could complain to him and he would find a way to accommodate her by shifting to the other side of the building. Commissioner Nixon suggested that the restriction should be daylight hours with no earlier than 6:00 A.M. in the morning. Ms. Earl agreed with this and also indicated that she was pleased with the planned masonry wall. Chairman Morse confirmed with Mr. Larson that this restriction would be sufficient for him also. Mr. Larson indicated that he felt this was reasonable. Mr. Smith reminded him that the conditional use permit could be reviewed upon complaint.
Chairman Morse asked if there were any other issues. Commissioner Anderson commented that the building itself looks nice. Commissioner Nixon noted that it appeared that a tree was missing on the site plan.
COMMISSIONER NIXON MOVED TO APPROVE THE REQUEST BY STEVE LARSON FOR A CONDITIONAL USE PERMIT FOR S & L INC. AT APPROXIMATELY 900 WEST CENTER STREET WITH THE FOLLOWING CONDITIONS:
1. THAT STAFF REVIEW THE NUMBER OF TREES.
2. THAT OPERATING HOURS BE RESTRICTED TO DAYLIGHT HOURS WITH NO EARLIER THAN 6:00 A.M. WHICH IS REVIEWABLE UPON COMPLAINT.
COMMISSIONER JOHANSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
3. ROBERT AND MARILYN ADAMS - 622 NORTH 200 EAST - CONDITIONAL USE PERMIT - R2-OVERLAY PROJECT
This is a request for approval of a 3-unit multi-family housing project.
The Adams were not present, however, Mr. Mullins was present to discuss both items. It was decided to consider both items at once.
4. MULLINS ESTATES - 622 NORTH 200 EAST - PRELIMINARY SUBDIVISION PLAT
This is a request for approval of a preliminary residential subdivision application.
Mr. Smith introduced this item by pinpointing its location near the Lindon City Cemetery and adjacent to the Glacier Mountain Estates subdivision. He told the Commissioners that there is a single family home facing 200 East. The applicants will be putting a duplex on the back lot. There will be common and private areas. He displayed an elevation of the units and explained that there would be no garages but there will be two driveways.
Commissioner Nixon asked if the driveways would accommodate two vehicles per unit. This was confirmed. Mr. Smith discussed similar projects in Lindon. Commissioner Nixon had a question about limited common. Mr. Smith explained that this duplex would always have one owner who would be living in one of the units for now. Commissioner Nixon commented that he liked the elevations. Chairman Morse asked if this application would be reviewed again by the Planning Commission. Mr. Smith explained the process and replied that this would be the only review by the Planning Commission.
Commissioner Nixon asked if there was room to add a garage on the east side. Mr. Smith replied that there was room for a one-car garage. Commissioner Nixon commented to Mr. Mullins that he may want to move the home to the west to allow future expansion of a two-car garage on the east side. Commissioner Carpenter observed that the line was flexible on the west to allow for a garage on that side.
Commissioner Anderson initiated discussion about the R2-Overlay ordinance. He wondered if it was the intent of the Council to allow an extra house in the back yard. Mr. Smith replied that although this specific application had not been discussed, similar applications were considered during the approval process. Chairman Morse asked if there were any other questions or concerns. There were none.
COMMISSIONER JOHANSON MOVED TO APPROVE THE REQUEST BY ROBERT AND MARILYN ADAMS FOR APPROVAL OF A CONDITIONAL USE PERMIT AT 622 NORTH 200 EAST FOR A 3-UNIT R2 OVERLAY PROJECT. COMMISSIONER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COMMISSIONER ANDERSON MOVED TO APPROVE THE REQUEST BY THE ADAMS FOR PRELIMINARY SUBDIVISION APPROVAL OF MULLINS ESTATES, PLAT “A,” A ONE-LOT SUBDIVISION AND RECOMMEND APPROVAL TO THE CITY COUNCIL. COMMISSIONER ATCHISON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
5. LENNARD LEE - 100 EAST CENTER STREET - DESIGN REVIEW
This is a request by Lennard Lee to present a new development concept for his property to the Planning Commission. He is proposing a Charter School that will need access to Center Street.
This item was not addressed at the request of the applicant.
6. PLANNING DIRECTOR’S REPORT
Mr. Smith introduced Mr. Tim Bird who was present to present a grading plan. Mr. Smith told the Commissioners that the lot is located in Canberra Heights and displayed the grading plan on the overhead. He indicated the lines that show the slope that exists and those that show what will be the slope after completion.
Commissioner Nixon observed that the grading would extend onto the neighbor’s lots. Mr. Smith replied that these lots are not sold by the developer yet and the grading will need to be done to facilitate the grading of this lot. Chairman Morse asked if City Engineer Mark Christensen had reviewed and approved the grading of neighboring lots. Mr. Smith replied that Mr. Christensen had reported that the grading would fix the problems generated by the subdivision grading. Commissioner Nixon brought up the ordinance requirement that there be no grading with a certain distance of the side and back property lines. Mr. Smith replied that the Planning Commission has the authority to approve grading within those areas if it deems it necessary.
Commissioner Carpenter asked if there was any drainage through this lot. Mr. Bird replied no and showed the plans to reduce the visibility of the retaining wall. Commissioner Anderson asked about temporary erosion controls. Mr. Smith replied that these were planned for and showed the items on the plan.
COMMISSIONER JOHANSON MOVED TO APPROVE THE GRADING PLAN FOR TIM BIRD ON LOT #9, CANBERRA HEIGHTS, PLAT “A.” COMMISSIONER CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
ADJOURN
COMMISSIONER ATCHISON MOVED TO ADJOURN AT 9:40 P.M. COMMISSIONER JOHANSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED - November 14, 2001
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Loren Morse, Chairman
Attest,
_______________________________________
Kevin Smith, Planning Director |
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