The Lindon City Planning Commission held a regularly scheduled meeting on Wednesday, April 14, 2004 at 7:00 p.m. in the Lindon City Center, Council Chambers, at 100 North State Street, Lindon, Utah.

Conducting: Dustin Sweeten, Chairman
Invocation: Dustin Sweeten

PRESENT

Dustin Sweeten, Chairman
Julie Bryner, Commissioner
Gary Godfrey, Commissioner
Evan Nixon, Commissioner (arrived at 7:30 p.m.)
Jim Peters, Commissioner
Marilyn Simister, Commissioner
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk

ABSENT

Ron Anderson, Commissioner
Lorenzo Barcellone, Planning Intern
James McMurray, Planning Intern

The meeting began at 7:03 p.m.

1. PLEDGE OF ALLEGIANCE

Chairman Sweeten led the audience, Commission and staff in the Pledge of Allegiance.

2. APPROVAL OF MINUTES

The Minutes of the regular meeting of March 24, 2004 were reviewed. The following corrections were made:
Page 3, Line 25: Add the words "and presented himself" after the word "himself."
COMMISSIONER PETERS MOVED TO APPROVE THE MINUTES OF MARCH 24, 2004 AS CORRECTED. COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

3. PUBLIC COMMENT

Mr. Matt Kriser of Athletix Sports Training Centers told the Commissioner that he was looking at moving his business from Orem and was considering a location in Lindon. He would like some feedback from the Commission before spending money on engineering. He explained that the sports center would be the largest in Utah County. Mr. Smith displayed the proposed lot in the industrial park near the business, Boswell Olsen. Chairman Sweeten asked if this is a permitted use. Mr. Smith replied that the use is conditional and must be approved by the Commission. He explained that the same procedures and provisions as Flyerz Cheer Gym (in this same industrial subdivision) would be followed.

Mr. Kriser asked if the Commission had any concerns. Chairman Sweeten, after reviewing the tentative site plan, pointed out that there are special requirements for buildings with a zero lot line clearance. Mr. Smith suggested that Mr. Kriser consult with the Building Department before making final decisions on the placement of the building. Commissioner Bryner asked what businesses are neighbors of this lot. Mr. Kriser replied that the closest is Boswell Olsen across the street and that the other adjacent lots are empty.

Commissioner Bryner expressed concern that heavy trucks may endanger children coming to the sports facility. Mr. Kriser replied that he planned a drop-off zone for parents within the lot. He also pointed out the large number of parking stalls that are planned. Commissioner Peters asked if he planned storage. Mr. Kriser replied no, but that there is area that can be used if the building is sold for an industrial use in the future. Commissioner Simister asked about the options for the second floor space. Mr. Kriser replied that the facility will have areas to teach dance, cheer, tumbling and gymnastics. Commissioner Peters asked if the ordinance places limits on the number of patrons. Mr. Smith replied no, that the ordinance addresses employee and patron parking, and noticing of the neighbors. Mr. Kriser noted that the lot is located on a dead end street that will have little traffic and few neighbors. He thanked the Commission for their comments and suggestions.

Chairman Sweeten asked if there were other questions. There were none.

4. NEW BUSINESS (Reports of Commissioners)

Chairman Sweeten noted that there is an amended agenda. An item had been added to discuss the Mel Olsen application. Mr. Smith commented that there were no planning interns present tonight. Chairman Sweeten asked if there were other reports. Commissioner Godfrey asked if there were concerns with traffic in industrial zones conflicting with businesses like the previous one discussed. Mr. Smith replied that the streets in the industrial zone are designed at 66-feet of width. He commented that there is not much traffic and that the wide roads add capacity. Commissioner Peters commented that the large building can be converted to future industrial uses.

5. MADSEN SUBDIVISION - PLAT "B" - 311 NORTH 400 EAST - PRELIMINARY SUBDIVISION

Mr. Shawn Madsen was present. Mr. Smith displayed an aerial of the neighborhood and pointed out the lot. He commented that the nonconforming lots of this proposed subdivision are similar to many of the lots in this neighborhood. He also displayed the General Plan to show the extension of 450 North that is proposed. He noted that the Board of Adjustment granted a variance for these substandard lots, both in width and size, and pointed out the Board of Adjustment minutes included in the staff report. Commissioner Peters commented that, essentially, the applicants are changing the property line to change ownership of the outbuildings from one lot to the other lot. Mr. Smith agreed. Commissioner Peters asked about the driveway and access to the sheds that is being used from 400 North Street. He pointed out that the driveway allows access from 400 North through to 450 North. Mr. Madsen replied that the access is needed for safety and convenience. He explained that delivery trucks for the cabinet shop cannot back out. Commissioner Godfrey asked Mr. Madsen if his intention is to build a home on the lot facing 450 North. Mr. Madsen replied that he planned to build a home for himself on this lot.

Commissioner Peters asked about other variances granted by the Board of Adjustment in this neighborhood. Mr. Smith pointed out lots that have received variances for substandard lots. Many of the lots are nonconforming in both width and size. Commissioner Peters asked if complaints had been received from the neighbors on activities in this shop. Mr. Smith replied no. Commissioner Peters expressed concern that the existence of the lane may make building a house difficult. Mr. Madsen replied that the lot is 97-feet wide and the lane is 24-feet wide. Commissioner Simister asked who owns the home facing 400 North. Mr. Madsen replied that this home belongs to his father, Rulon Madsen.

Mr. Smith commented that the improvements for 400 North would need to be part of this subdivision approval. Commissioner Peters asked if the property owners could bond for the improvements. Mr. Smith replied yes. Mr. Rulon Madsen asked why bonding for the improvements is necessary. He pointed out that 400 North is unimproved throughout this area. and noted that He did not understand the logic of putting up money that would not be used for years. Mr. Smith explained the ordinance that requires bonding for improvements. There was a discussion on bonding and the reasons for this requirement.

(Commissioner Nixon arrived at 7:30 p.m.)

Commissioner Peters commented that he had no problem with leaving the lane as access if there were no complaints. He was assured that this is a low impact business that has existed for years. Commissioner Nixon asked how moving the lot line would affect the neighbors. Mr. Madsen replied that the business is not moving, it will remain in the same location. The change just gives him control of the business contained within the building, rather than his father and the rest of the family.

The Commission discussed the size of the lots, how the change in the lot line compares to the neighbors' lot lines and access through the lot. There was a discussion about abiding by the Board of Adjustment decision and the reasons for their decision. Commissioner Nixon objected to making one lot so much smaller than the other, and observed that the subdivision ordinance may have been better preserved by making two lots that are only fractionally less than what is required.

COMMISSIONER PETERS MOVED TO APPROVE THE REQUEST BY SHAWN MADSEN FOR APPROVAL OF MADSEN SUBDIVISION, PLAT "B," A TWO-LOT SUBDIVISION AT 311 EAST 400 NORTH. COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR EXCEPT COMMISSIONER NIXON WHO VOTED NAY. THE MOTION CARRIED (5-1, 1 ABSENT.)

6. DON DE ST JEOR SUBDIVISION - 755 NORTH 200 EAST - SUBDIVISION DESIGN REVIEW

Mr. Don De St. Jeor introduced himself. Mr. Smith presented this application for a subdivision design review. He pointed out the location of the parcel across from the Valley Center Playhouse on 200 East and noted that Mr. De St Jeor is requesting to subdivide a deep lot behind his home. He noted that a copy of the deep lot ordinance is included in the staff report. He asked the Planning Commission to consider whether this application would comply with this ordinance to allow the creation of a deep lot subdivision. He presented the subdivision plat.

Commissioner Peters noted that the setbacks for deep lots are different than regular lots. He asked if a home could be set on this lot if the required setbacks are taken into consideration. Mr. Smith displayed the building envelope on an aerial photo of the lot. Chairman Sweeten asked if the power pole would be moved. Mr. De St. Jeor replied yes, that he had talked to the power company. The portion of the ordinance that deals with subdividing with public streets in the foreseeable future was noted and discussed. Mr. De St. Jeor informed the Commission that he had offered the property to his neighbor to the north, the Fryers, with no response. Commissioner Peters noted that better-shaped lots can be subdivided if Mr. De St. Jeor waits for other development in this area. Mr. De St. Jeor pointed out that his property borders the canal on the back, which is a physical barrier to joining with development on the west and south sides. The canal was discussed.

Commissioner Peters commented that Mr. De St. Jeor would need to plan to bond for the improvements on 200 East Street, including curb, gutter and sidewalk. Mr. De St. Jeor replied that he was aware of this requirement. Commissioner Godfrey asked if the lots would be used to build a home to occupy or sell. Mr. De St. Jeor replied that the home would be occupied by his son.

Commissioner Peters expressed concern again about being able to build a house on the lot. Chairman Sweeten commented that the ordinance requires that a deep lot not be created if there is any other way to develop the parcel. He asked if the parcel could be added to development plans of the neighbor to the north, the Fryers. The parcel's location near the Pleasant Grove City border was noted. Commissioner Nixon asked if there is a possibility that the parcel could be part of a boundary adjustment with Pleasant Grove. He noted that the lots in Pleasant Grove appear to be smaller. Mr. Smith agreed, and estimated the lots in Pleasant Grove at 10,000 square feet. He conjectured that the Fryers may be waiting on their development plans to be able to request a boundary adjustment with Pleasant Grove. He noted that there would be more lots on their parcel if they were included in Pleasant Grove rather than Lindon. The future development of 800 North through this area was also pointed out and discussed. Mr. Smith added that the location of 800 North, when it is finally determined, would impact development of neighboring parcels, such as the Fryers, as well.

Commissioner Peters asked if the development potential in the area is a logical reason to deny this application for a deep lot. He noted that there is potential for development if the parcel is added to the Fryer parcel. Chairman Sweeten agreed and noted that if there was no development potential on adjacent parcels, there would be no question that this application meets the intent of the ordinance. Mr. Smith informed the Commission that boundary adjustments are usually requested when utilities are not available in an area, and that can be provided by a neighboring city. He noted that this is not the case in the Fryer situation and that utilities are available through Lindon. The Commission discussed ways that Mr. De St. Jeor's parcel might be added to the Fryer parcel for development. Commissioner Nixon suggested that he would like to have a letter from David Fryer indicating that he was not interested in buying or developing the land, either now or in the foreseeable future. Commissioner Peters commented that circumstances change and a letter does not permanently decide if development will occur. Commissioner Nixon replied that the Planning Commission cannot rule on what might happen, but understanding the intent of the neighboring property owners would help the Commission and Council in making a decision. He noted that a letter would indicate the circumstances now and would be protection for Mr. De St. Jeor.

Commissioner Godfrey asked if plans have been made for the Alpine School District property to the south and west. The Commission, Mr. De St. Jeor and Mr. Smith discussed the canal and possible development of this parcel. Commissioner Godfrey suggested that this application for a deep lot depends on how strictly the deep lot ordinance is interpreted. He observed that the original purpose of the ordinance is to address situations in which a property has been landlocked, which is not the case here. He pointed out that this parcel is undeveloped on three sides, although one side is bordered by a canal.

Commissioner Peters suggested that the Fryer lots to the north are already serviced by streets and no additional streets are needed. He asked Mr. Smith for verification. Mr. Smith replied that, in his opinion, it would be an aggressive position for the City to take to ask the neighbors to develop this odd-shaped parcel, especially on the canal side. Commissioner Nixon again suggested that a statement from the Fryers would give Mr. De St. Jeor a stronger position for approval. Mr. De St. Jeor noted that he had failed to get a response from the Fryers. Mr. Smith suggested that Mr. De St. Jeor should also present this request to the Council for their opinion.

Commissioner Peters expressed concern about placement and design of the home for this property, and noted that, at the present time, he could see no other way to develop. Chairman Sweeten agreed that the request seems to comply with the requirements of the ordinance, but that a question remains on the future development issue. Mr. De St. Jeor told the Commissioners that he would attempt to contact the Fryers and the Alpine School District as suggested.

7. MEL OLSEN - 1251 EAST TETON DRIVE - DESIGN VARIANCE
This is a request for a design variance allowing a modification to the water acceptance and connection requirements for culinary and secondary water.

Mr. Mel Olsen, of 1237 East 50 North, introduced himself to the Commission. Mr. Smith reported that this application has two issues. He distributed copies of the design variance ordinance and displayed an aerial photo of the parcel. Mr. Olsen commented that the parcel is not part of the hillside overlay. Mr. Smith informed the Commission that this parcel is not a platted lot, but a remainder parcel of the Canberra Development. Mr. Olsen purchased the parcel and would now like to build a pavilion. He noted that this is a recommendation to the City Council. Mr. Olsen would like the Commission to consider a request to modify the water requirements so that he can use his well on the property to irrigate his property. He will still turn in some water rights to meet the fire flow requirements.

Mr. Smith explained that Mr. Olsen is requesting a variance for connection to the secondary system and the water share submittal requirements. He informed the Commission that the City ordinances require connection to the secondary water system, however, variances to this requirement can be made under specific conditions. He read the findings section of the ordinance. He noted that the parcel contains 4.92 acres and includes a well and groundwater rights. He explained that City staff feels favorable to this application because pumping and providing secondary water to this parcel would strain the system, especially where a well is already on the parcel. He reported that there is no requirement in the ordinances for connection to the culinary system, but that water share submittal is required for fire protection.

Mr. Smith presented the site plan, the building plans and elevations for the proposed pavilion. Mr. Olsen informed the Commission that the pavilion will be approximately 30 X 52 feet. Commissioner Peters asked Mr. Olsen's plans on building a house. Mr. Olsen replied that the property will be used for a family park for now, and that a house may be built later. He also noted that he wants to move the pavilion on the site plan somewhat so that it is not visible from Teton Drive. Mr. Smith commented that the pavilion is open on all four sides, but has an unusual feature–a full basement with kitchen, bathroom and shower. These particular additions require that the structure be built to meet the building code as a residence since it will allow family members to spend the night. He observed that City Code and International Building Code require a limit of one home per parcel, so building an additional home on the property may be precluded.

Mr. Olsen told the Commissioners that his intent is to build a park pavilion for his family of twelve children and thirty-four grandchildren (three additional on the way) to get together for holidays and special events. He noted that Phil Brown, Lindon's Chief Building Official, has told him that the structure must meet residential standards. Chairman Sweeten suggested that if Mr. Olsen wanted to build an additional home, he might consider subdividing the property. Mr. Smith commented that access may be a problem because the hillside rising from Teton Drive is too steep for a driveway. The property is presently accessed by an easement across City property.

The Commissioners discussed overnight stays of Mr. Olsen's family at the pavilion. He noted that the basement is necessary to allow his family to continue get-togethers during inclement weather. Chairman Sweeten observed that the basement allows a possible use of the pavilion as a residence. Options to prevent this occurrence and allowing a home to be built were explored. Mr. Olsen expressed his preference not to subdivide and his thought that the property will be held in a trust as a perpetual family gathering space.

Mr. Smith explained city staff's position is that the property will realize a benefit from the water system in a small way, so participation in the water system's viability can be done in a small way. The Commissioners asked questions about the depth and operation of the well on the property and the procedure for obtaining a well permit. They also discussed the landscaping planned for the property. Commissioner Nixon asked if the future home would use the well for culinary water as well. Mr. Olsen replied yes. Chairman Sweeten verified with Mr. Smith that the City would have a hard time servicing this parcel with secondary water. Mr. Smith agreed that it would be a drain to city resources. The Commission discussed the procedure for granting a variance.

COMMISSIONER NIXON MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL OF THE REQUEST BY MEL OLSEN FOR A VARIANCE TO THE WATER SHARE SUBMITTAL AND SECONDARY SYSTEM CONNECTION REQUIREMENTS OF THE LINDON CITY CODE WITH THE FINDING THAT IT WILL BE BENEFICIAL TO THE CITY IRRIGATION SYSTEM NOT TO PROVIDE IRRIGATION, AND THAT WATER RIGHTS WILL BE TURNED IN BASED ON THE FIRE MARSHAL'S AND CHIEF BUILDING OFFICIAL'S RECOMMENDATION FOR FIRE PROTECTION. COMMISSIONER PETERS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

8. PLANNING DIRECTOR'S REPORT
A. CANBERRA HEIGHTS LOT 21 GRADING PLAN

Mr. Smith presented the aerial photo of the area and the proposal grading plan for Lot 21 of Canberra Heights. He noted that this lot has a gradual slope and that a rambler home is proposed. The only comment from the City Engineer is that the slope calculation needs verification and that grading is occurring within twenty-feet of the property lines. He pointed out some retaining walls and steps. Commissioner Bryner observed that most of the rock work seemed to be needed to allow the homeowner to have an open basement. After discussion, THE COMMISSIONERS REACHED A CONSENSUS TO APPROVE THE APPLICATION FOR THE GRADING PLAN AS PROPOSED ON CANBERRA HEIGHTS, LOT 21.

B. CANBERRA HEIGHTS LOT 45 GRADING PLAN

Mr. Smith presented the grading plan for the lot across the street–lot 45 of Canberra Heights. He observed that this home was also a rambler. He pointed out grading within the twenty-foot perimeter, retaining walls, and a drainage easement. After discussion, THE COMMISSIONERS REACHED A CONSENSUS TO APPROVE THE APPLICATION FOR A GRADING PLAN AS PROPOSED ON CANBERRA HEIGHTS, LOT 45.

C. GOODFELLOW CORP. PROPOSED LANDSCAPING PLAN

Mr. Smith distributed copies of minutes of previous meetings that refer to the Goodfellow Conditional Use Permit approval. He reported that the management of Goodfellow has recently made some progress, but that he had received an application to change the landscaping plan. The business would like to expand into the old freeway rest stop. The six requirements for the Conditional Use Permit were discussed and the new proposal was examined. After discussion, the Commissioners reached a consensus to ask Mr. Smith to inform Goodfellow Corp. that the original plan must be completed or a hearing to revoke the conditional use permit will be held. The Commissioners discussed the noncompliance of this business with the terms of the conditional use permit and the length of time that the noncompliance has occurred as the reason for this hard stance. They agreed that now is not the time to submit new plans and the business is required to complete the original project as promised.

D. WESTSIDE MASTER PLAN VALUES SURVEY RESULTS

The Commission discussed adopting design standards for the westside of Lindon and State Street. Mr. Smith distributed copies of the survey results and commented on several of the survey responses. He noted that all the responses from the Council and Commissioners were aggregated into the total. He reported on the progress of the draft design standards ordinance and noted that many pictures would be included. He added that the ordinance will be general in nature and will allow the Commission and Council to review each submittal for the ones that most closely resemble a "type" of development. Commissioner Godfrey commented that this approach may promote a "hodgepodge" look. Mr. Smith replied that certain design elements will need to be incorporated into each approved development to reduce that possibility. The Commissioners discussed the atmosphere promoted by other cities' design criteria.

E. FUTURE TRAINING OPPORTUNITIES

Mr. Smith promoted the Certified Citizen Planners program and announced the next training seminars being held in North Salt Lake and Logan. He promoted the program as "valuable training" and informed the Commissioners that land use is still the number one litigation issue for cities.

F. UPDATE ON TRAIL SURFACE TEST BED PROJECT

Mr. Smith informed the Commissioners that the pathway profiles and routes have been included in the General Plan and the Lindon City Development and Standard Specifications Manual, but that an ordinance has not been approved. The Planning Commission reviewed and recommended a proposed ordinance to the Council, however, the ordinance was not approved because of the lack of an adequate pathway surfacing solution. The Commissioners discussed pathways and trails in Lindon.

ADJOURN

COMMISSIONER GODFREY MOVED TO ADJOURN THE PLANNING COMMISSION MEETING AT 9:55 P.M. COMMISSIONER NIXON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - May 11, 2004

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