The Lindon City Planning Commission held a regularly scheduled meeting on Wednesday, April 28, 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: Jim Peters

PRESENT

Dustin Sweeten, Chairman
Ron Anderson, Commissioner (arrived at 7:08 p.m.)
Julie Bryner, Commissioner
Gary Godfrey, Commissioner
Evan Nixon, Commissioner (arrived at 7:07 p.m.)
Jim Peters, Commissioner
Marilyn Simister, Commissioner (arrived at 7:06 p.m.)
Lindsey Bayless, Councilmember
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
Lorenzo Barcellone, Planning Intern

ABSENT

James McMurray, Planning Intern

The meeting began at 7:02 p.m.

1. PLEDGE OF ALLEGIANCE

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

2. APPROVAL OF MINUES

The Minutes of the April 14, 2004 meeting will be reviewed at the next meeting.

3. PUBLIC COMMENT

There was no public comment. See Below

4. NEW BUSINESS (Reports by Commissioners)

Chairman Sweeten reported that a business on the freeway has a flashing, portable, reader sign. Mr. Smith replied that he would investigate the report. There was a short discussion of the types of signs that are allowed.

(Commissioner Simister arrived at 7:06 p.m.)

Chairman Sweeten reported a business that is displaying merchandise on their landscaping. Mr. Smith replied that he would also contact this business.

(Commissioner Nixon arrived at 7:07 p.m.)

Commissioner Peters asked on the progress of Utah Auto Sales' expansion. Mr. Smith replied that the business has a year to act before an approval for nonconforming expansion expires. Commissioner Peters commented on the need to establish limits for auto dealers.

(Commissioner Anderson arrived at 7:08 p.m.)

Commissioner Anderson reported that the new Lindon Collision building has the same amount of architectural treatment on all four sides. He confirmed with Mr. Smith that the sides facing dedicated streets are required to have 30 percent and other sides are 25 percent . Mr. Smith replied that he would contact this business and inform them of the ordinance requirements.

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

5. MERCEDES-BENZ OF LINDON - 500 SOUTH 600 WEST - SITE PLAN
This is a request for approval of a new Mercedes-Benz dealership next to the Lexus of Lindon Dealership.

Mr. Courtney Ogilvie was in attendance representing Larry H. Miller. Mr. Smith pointed out the proposed location for a new Mercedes-Benz dealership next to the existing Lexus dealership in the Gateway area. She showed the site plan and pointed out the building location and display areas. He noted that a street has been added to the north side of this proposal that will be partially completed with the construction of this site. The street will be finished when the parcel to the north is developed. He observed that the owner has indicated a desire for the street to remain private. He explained that it would be like a driveway with public cross easements.

Chairman Sweeten asked if the street would continue through to 800 West. Mr. Ogilvie replied no, the street would turn north and end on 400 South. Commissioner Anderson asked if the street would be designed to city standards. Mr. Smith replied no. Commissioner Bryner asked the purpose of the road. Mr. Ogilvie replied that the road would be used by delivery trucks getting to back areas and access to the future development area on 800 West from the interior of the block. Commissioner Peters verified with Mr. Ogilvie that all the pavement will be installed, but only the curb and gutter on the south side would be constructed for now. Mr. Ogilvie replied that the road is 46-feet from curb face to curb face with a six-foot median and that the 46-feet and the south curb will be installed.

Chairman Sweeten confirmed with Mr. Smith that there are no requirements for a private road other than maintenance. Commissioner Peters added that cross easements are also required. Mr. Smith replied that the subdivision plat shows that the road is for public access and utility easements, even though it is not dedicated to the City. He commented that Staff is reluctant to recommend private roads based on past experiences, but this road will only be used to access these related businesses that are under common ownership. In this case, it is felt that it would be acceptable.

Commissioner Nixon asked the width of the lot frontage on Lindon Park Drive. He asked if the driveways are far apart enough for safety. The lot and its driveway access were discussed. Mr. Smith informed the Council that Staff asked for the driveway to line up with Home Depot's driveway across the street. The landscape plan was examined. Chairman Sweeten asked about the architectural treatment of the building. Mr. Ogilvie explained that the two dealerships would be similar, but that this one had a few more "elegant" features.

Commissioner Peters asked if there would be a barrier between the dealerships. Mr. Olgivie replied that boulders with chains are planned. Commissioner Peters asked if the barrier was necessary. Mr. Smith answered that the barrier is needed to meet insurance requirements and dealership licensing rules. Commissioner Bryner expressed the opinion that rusted chains are not very attractive. Mr. Ogilvie replied that the chains are galvanized to reduce rust and will be kept in good condition. He assured the Commission that the business will be kept attractive and well maintained.

Chairman Sweeten asked if there were other issues. Commissioner Nixon expressed dissatisfaction with the angle of the driveway. Chairman Sweeten commented that this driveway meets the Staff requirements. Commissioner Nixon explained that he feels the driveway should be moved and straightened out so that it is perpendicular to the lot line and street. He observed that there may be safety issues with left turns. Chairman Sweeten commented that, for marketing purposes, street frontage is important. Commissioner Nixon's suggestions would move some display stalls from the frontage to a side location. Commissioner Peters asked the width of the driveway. The reply was 30-feet. Mr. Smith observed that the City Engineer and the Development Review Committee had reviewed the site plan and concluded that the driveway is functional and safe. Commissioner Peters commented that this version is more "lined-up" than before. Commissioner Nixon replied that it was better, but it could be even better. Chairman Sweeten observed that the driveway was accepted and approved by the City Engineer. After discussion, COMMISSIONER NIXON MOVED TO APPROVE THE REQUEST BY COURTNEY OGILVIE FOR A NEW MERCEDES DEALERSHIP AT 500 SOUTH AND 600 WEST AND RECOMMEND APPROVAL TO THE CITY COUNCIL WITH THE FOLLOWING RECOMMENDATIONS:
1. THAT THE DRIVEWAY BE MOVED SO THAT IT IS PERPENDICULAR TO THE STREET AND IMMEDIATELY OPPOSITE TO THE HOME DEPOT DRIVEWAY.
COMMISSIONER PETERS SECONDED THE MOTION. COMMISSIONERS NIXON AND PETERS VOTED AYE. COMMISSIONERS SWEETEN, ANDERSON, BRYNER AND GODFREY VOTED NAY. THE MOTION DID NOT CARRY.

COMMISSIONER ANDERSON MOVED TO APPROVE THE REQUEST BY COURTNEY OGILVIE FOR A NEW MERCEDES-BENZ DEALERSHIP AT 500 SOUTH 600 WEST AND RECOMMEND APPROVAL TO THE CITY COUNCIL. COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR, EXCEPT COMMISSIONERS NIXON AND PETERS. THE MOTION CARRIED.

6. LINDON PARK STATION, PLAT "F" - 500 SOUTH 600 WEST - PRELIMINARY SUBDIVISION
This is a request for a one-lot subdivision to allow for the new Mercedes-Benz dealership.

Mr. Smith informed the Commission that the only issue outstanding on the plat is the question on the name of the subdivision. He noted that he has a question of whether the name should be Mercedes-Benz of Lindon, Plat "A," or Lindon Park Station, Plat "F." This needs to be resolved before the plat records at Utah County. He noted that the plat reflects the road amendment and storm drain issues.

COMMISSIONER NIXON MOVED TO APPROVE THE REQUEST BY COURTNEY OGILVIE FOR MERCEDES-BENZ OF LINDON, PLAT "A," A ONE-LOT SUBDIVISION AT 500 SOUTH 600 WEST AND RECOMMEND APPROVAL TO THE CITY COUNCIL. COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

7. PRINTING RESOURCES - 125 SOUTH 1200 WEST - AMENDED SITE PLAN
This is a request for approval to add an additional building to the existing site.

Mr. Craig Brady and Mr. Alan Kirkham were present to answer questions on this application. Mr. Smith informed the Commission that Printing Resources is requesting to amend their existing site plan to build an additional building. He brought up an aerial photo to show the location and pointed out the business in Westview Industrial Park. He displayed the proposed site plat amendment and commented that the site plan seems functional. He also displayed the building elevations and commented that the business owners plan to use sheet metal and standard masonry block. He suggested that the Commission might want to inform the applicants of the ordinance requirements for 30 percent stucco or decorative block on sides that face street frontage and 25% percent of the other sides. Commissioner Peters recommended that the owners change the standard masonry block to split face block to meet the requirements. Mr. Kirkham replied that they planned to paint the block. Commissioner Nixon observed that the ordinance does not consider paint as a decorative substitute for split face block. Commissioner Anderson verified with Mr. Smith that the architectural treatment is only 30 percent on the side that faces the freeway "T-zone." This was confirmed.

Commissioner Nixon asked about the landscaping and trees along the I-15 frontage. Mr. Smith replied that there are not many trees that can be contained in a ten-foot landscaping strip behind a building. The Commissioners discussed the constraints of landscaping along I-15, such as high-pressure gas lines, narrowness of the required strip, and using grass or some other more visible landscaping element. Mr. Brady suggested that Printing Resources will create two triangle corners, one between the buildings and another at the east end of the lot which faces the I-15 frontage. He observed that some of this area will be used for parking, but the balance can be used for landscaping that can replace the less visible area behind the building.

Commissioner Bryner asked the intended use of the new building. Mr. Brady replied that the structure will be used for an assembly area. Commissioner Bryner confirmed that the building would not be used as a storefront, just for employees. This was verified by Mr. Brady. He explained that assembly functions such as stuffing envelopes and kit assembly would be carried out here.

Commissioner Anderson directed the attention back to the freeway landscaping issue. He suggested that swapping the areas of landscaping as Mr. Brady suggested will make the landscaping more visible from the freeway. Commissioner Simister expressed concern that the ten-foot setback behind the building will be allowed to turn into weeds and that some kind of ground control is needed. The Commissioners discussed the merits and disadvantages of the swapping suggestion. Mr. Brady commented that the expense for landscaping the setback along the freeway can be applied to making these other areas more attractive.

Chairman Sweeten asked if the ordinance allows the Planning Commission the leeway to make this kind of adjustment. Mr. Smith replied that this is a design variance that may be considered with some specific findings, but the Commission should address this issue in the ordinance and clarify the landscaping section. Chairman Sweeten asked if the owners would landscape the whole area at the southeast end of the building. Mr. Brady agreed, but pointed out that an access easement adjacent to the property line limits the landscaping to the area outside of the easement.

Commissioner Godfrey expressed concern that the Commission has required the ten-foot landscaping strip of all the businesses along the freeway and are now not requiring this business to follow suit. He felt that the cost of one sprinkler line and grass is minimal and should be required in addition to the enhanced landscaping at the ends of the building. Commissioner Anderson agreed that the landscaping was not consistent. Chairman Sweeten pointed out that this area of frontage to I-15 was inclined at a steep angle that would make maintenance of grass difficult. Commissioner Anderson asked if the high-pressure gas line was also through this area. Mr. Smith replied no, and added that the I-15 landscaping requirements have not been as effective as hoped and that an amendment is needed to bring the enhancement of freeway frontage to Lindon's standards. Chairman Sweeten commented that it would be in the business's own best interest to enhance their image also.

Commissioner Peters observed that a building material that meets the ordinance requirements should be used on the new building. Chairman Sweeten suggested that there may be other ways to visually tie the existing buildings to the new building's architectural standard. Mr. Smith agreed and noted that the existing building was built before this ordinance was adopted. He explained that both sides that face streets are now required to have 30 percent of architectural treatment such as stucco or split face block.

Commissioner Nixon asked how many trees would be required if the standard spacing is used along the I-15 frontage. The frontage was measured and the number of trees calculated using the standard 30-foot spacing. Commissioner Nixon suggested that the thirteen trees be used in other areas of the landscaping and the number not be reduced. He added that the tree planting plan can be approved by staff. Types of trees to use were discussed.

Other elements of the site plan were discussed, such as no parking zones, garbage enclosure, the curb cut for access to the easement on the east side and landscaping along the frontage of 1200 West. Commissioner Nixon requested that this business tie their landscaping into their neighbor's existing landscaping on 1200 West street. The applicants agreed to this request.

COMMISSIONER NIXON MOVED TO APPROVE THE REQUEST BY PRINTING RESOURCES FOR A SITE PLAN AMENDMENT ALLOWING FOR AN ADDITIONAL STRUCTURE AT 125 SOUTH 1200 WEST WITH THE FOLLOWING CONDITIONS:
1. THAT THE STREET LANDSCAPING AT THE EAST PROPERTY LINE (ON 1200 WEST ADJACENT TO MICKELSON DIESEL) MEET WITH STAFF APPROVAL.
2. THAT THE LANDSCAPING ALONG I-15 BE GROUPED INTO TWO TRIANGLE SECTIONS ON EACH END OF THE PROPOSED BUILDING.
3. THAT THIRTEEN TREES BE INCLUDED IN THE LANDSCAPING WITH THE TREE TYPE TO BE APPROVED BY STAFF.
4. THAT DECORATIVE BLOCK OR OTHER ARCHITECTURAL TREATMENT USED ON THE PROPOSED BUILDING MEET THE LINDON CITY CODE REQUIREMENTS AND BE REVIEWED BY STAFF.
COMMISSIONER GODFREY MOVED TO AMEND THE MOTION TO INCLUDE WEED CONTROL FOR THE TEN-FOOT SETBACK BEHIND THE PROPOSED BUILDING. COMMISSIONER PETERS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

8. LEES HOMESTEAD - 290 NORTH 400 WEST - PRELIMINARY SUBDIVISION
This is a request for approval of a two-lot residential subdivision in the R1-20 zone.

Chairman Sweeten commented that the Commission has already approved an R2 Overlay for one of these lots. Mr. Smith agreed and noted that this subdivision plat will create the lots as previously discussed with the applicant. It was observed that Ms. Joy Lee was not present, but the Commission felt familiar enough with this application to move forward without her presence.

Commissioner Peters asked what the Commission remembers about piping the irrigation ditch along the back. After discussion, the Commission decided that the ditch was to be piped from the south end to the middle of the lot. The area with the open ditch would be fenced from the remainder of the lot. Commissioner Peters asked if there were other issues. Commissioner Nixon asked if the improvements for 400 West were to be installed or a bond submitted. Mr. Smith replied that 400 West was improved with at least curb and gutter to the property line on the north. The area was examined on an aerial photo. Commissioner Nixon asked about the pathway system. The pathway master plan was displayed and it was noted that the pathway system uses the west side of 400 West. Mr. Smith observed that this is a recommendation to the Council.

COMMISSIONER PETERS MOVED TO APPROVE THE REQUEST BY FRED AND JOY LEE FOR A PRELIMINARY SUBDIVISION LOCATED AT 190 NORTH 400 WEST AND RECOMMEND APPROVAL TO THE CITY COUNCIL. COMMISSIONER ANDERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

9. PREMIER PRE-OWNED AUTO DEALERSHIP - 600 NORTH STATE STREET - DESIGN REVIEW
This is a request to locate a used-car dealership across the street from the new Wal-Mart site.

Chairman Sweeten disclosed to the applicant and audience that he owns a car dealership in Lindon that could be perceived as a rival to this request. He noted, however, that a generally acknowledged precept in the automobile business is that multiple car sales businesses near each other increase sales for all. He observed, however, that any decisions and recommendations will not be based on the type of business, but on what is best for Lindon City. Mr. Peter Bennee acknowledged Chairman Sweeten's stance and declaration of position. Mr. Smith displayed a aerial view of the location at the corner of 600 North and State Street across from the new Wal-Mart. He noted that this is a design review on the concept of a used auto dealership, and that some code issues on the type of business exist. He observed that the applicant has applied for a zoning text amendment because used auto dealerships are not allowed in the general commercial zone. He reminded the Commission that there had been some previous discussion about the possibility of changing the code to limit the number to five dealerships. He commented that the Commission's decision is whether to open the Lindon City Code to the possibility of another used auto dealership, and if so, whether this site plat is something that the Commission will consider.

Mr. Bennee introduced his companions to the Commission as business owners, Dave Nelson and Jared Clark, Mr. Chas. Felt, Mr. John Wilhite (architect) and Mr. Cahoon (sales agent). He introduced himself as the real estate broker. He informed the Commission that Low Book Sales would like to be a part of Lindon. His clients feel that this is a great location and that this business would be an asset to Lindon also. He asked the reason that Lindon had limited used auto dealerships on State Street. Commissioner Peters explained that this is one battle that must be won in the City Council as they have the final authority on any amendment to the Lindon City Code. He added that the objection is the possibility of lining Lindon's limited State Street frontage with a row of used cars. Commissioner Anderson noted that there is one dealership location that has had a string of business owners attempt to be successful, and fail. This site is again out of business. Chairman Sweeten observed that, at the time of the amendment, several new dealerships had started at once, so the Council had decided to limit the dealerships to the ones in existence and not allow proliferation in the limited State Street frontage.

Mr. Bennee acknowledged that the initial response of the property owner to the purchase offer was that a used car dealership is not wanted in front of his office buildings. Mr. Mark Hampton, representing Rimrock Development, agreed with this assessment and commented that they changed their mind after getting to know the purchasers and their business. Mr. Bennee felt that it may be beneficial for the Planning Commission to get to know the operations also.

Chairman Sweeten admitted that the sales tax income from such a business is attractive to the City. He pointed out that one risk to the City is if the City were to consider reopening the zoning for one business and then changing back. Mr. Bennee asked about Utah Auto Sales overflow lot and their expansion. Commissioner Anderson replied that Utah Auto Sales was an established business and the overflow lot is not new. The expansion was allowed (grandfathered) under the Lindon City code dealing with nonconforming business expansion. Chairman Sweeten commented that this section of code has now been amended to prohibit similar situations from occurring again. Mr. Smith explained that this is an expansion of an existing business and not an additional business, and added that this expansion lot cannot be separated from the original business and sold as an additional car lot.

Mr. Smith commented that used car lots are allowed in other zones, just not on State Street in the General Commercial zone. He pointed out areas in the Mixed Commercial and Light Industrial zones where used car lots are allowed. There was a discussion of the new car dealers in the Planned Commercial zone and primary/ancillary uses.

Commissioner Nixon asked Councilmember Bayless to comment on the Council's position concerning used car dealers on State Street. Councilmember Bayless replied that the Council had expressed a strong concern on the number of dealers compared to the limited frontage available on State Street. She expressed the opinion that she, personally, still thinks that there are too many and has had this opinion strengthened by community opinions expressed to her. She commented that she cannot speak for the other members of the Council and invited the applicants to come and talk to the Council themselves at the next meeting. She observed that this issue has come before the Council and Planning Commission several times over the last several years and the opinion of previous Council's has been more open to any kind of business, but that the present Council is more conservative.

Commissioner Peters asked Mr. Smith if an ordinance had been written to eliminate used auto dealers on State Street. Mr. Smith replied that the change was made within the Standard Land Use Table that was reviewed and recommended to the Council. This Table, which is an appendix to the Lindon City Code, lists types of uses and if a use is permitted, conditional or not permitted to locate in a zone. Mr. Dave Nelson asked if the Code could be changed to limit the number of dealers to a certain number rather than not allowing any at all.

Mr. Nelson explained that he and his partner started Low Book Sales from scratch. They have built it from a part-time livelihood selling cars from their homes into a $40 million business. He informed the Commission that they sell about 250 cars a month. They are interested in building a $5 million "state-of-the-art" facility in Lindon. He presented a sketch of this proposed structure. He assured the Commission that they only sell cars that are no more than three-years old and advertise heavily. They, also, are not interested in becoming an "eyesore" to Lindon. He characterized himself as a good employer whose employees are the focus of his business. He employs about 52 people at his South Salt Lake City location and estimates that he will need about 57-62 here. He noted that his employees stay with him long term and that he experiences little turnover. He estimated that his payroll alone will bring about $2 million a year to Lindon. He pointed out other benefits to Lindon, such as increased property tax and sales tax revenues. He told the Commission that he runs an honest business that stands behind their product and cannot be considered "just another used car dealership." He agreed that he understands the City's position about opening up to a "flood" of dealerships because of what has happened in Sandy, but Low Book Sales wishes to become an asset to Lindon. He asked if there was any way that the Commission can see to allow this to happen and protect the City too.

Mr. Bennee asked if the applicants could "put some legal minds on it from the City perspective." Chairman Sweeten replied that automotive sales of used vehicles were not the only type of business that was prohibited from State Street. He noted that automotive repairs were also not allowed. Mr. Clark observed that part of the Low Book Sales business is maintenance. He pointed out on the site plan and artist's rendition of the building where the repairs would take place. Commissioner Godfrey asked about the large, see-through, doors on the building. Mr. Nelson explained that the doors were an entrance to the building for inclement weather, like a valet service. He added that Low Book Sales does not perform major repairs, just oil changes inspections and servicing. He commented that these services are an integral portion of his sales credibility. He added that all the services would be performed within the building and vehicles waiting for service would be stored behind an eight-foot cinder block wall. He assured the Commission that the lot would remain attractive.

Chairman Sweeten observed that another obstacle is the cross easements promised to tenants of the office buildings in the rear development. He explained that the residential neighbors across 600 North were promised by the developers and the Planning Commission that there would be no more accesses to 600 North. The neighbors concerns were to minimize traffic in front of their homes. Cross easements to State Street for these offices are needed to fulfill this promise. Commissioner Anderson agreed that this is one of his concerns also. Chairman Sweeten pointed out that the side entrance to 600 North shown on this site plan may not be allowed. Mr. Bennee replied that he was told that the side entrance needs to line up with the cross street to 600 North, 400 West Street. Commissioner Nixon explained that, although the promise for no new access was made to the neighbors, many of the homeowners on 600 North are trying to sell their homes for commercial property and their concerns are not the same anymore. He added that the cross easements for access to State Street are still important to the businesses in the rear development. Chairman Sweeten commented that there were residents in opposition to the Walmart because of traffic concerns on 600 North and this proposal may exacerbate their concerns. Mr. Bennee commented that the tenants of the office complex are not using any access through the field now and asked how this proposal would change this situation. The Commission explained that the site plan approval of this site and the office building site to the rear was contingent on future access to State Street.

Mr. Nelson observed that Low Book Sales would like to be in Lindon, but that they will open somewhere in Utah County along State Street. Commissioner Nixon suggested that the business owners take a look at Lindon's 700 North corridor. Mr. Bennee commented that Low Book Sales may locate in Pleasant Grove to take advantage of State Street frontage and the expanding economy of this area. Commissioner Simister commented that she is concerned about the additional traffic that this business will bring to the surrounding neighborhoods. Mr. Nelson suggested ways to curb some of the traffic.

Commissioner Nixon observed that the building being proposed is impressive. He added that even though Low Book Sales is "obviously different" than some used auto dealers, he cannot see how the City can allow one and not any other. He expressed the opinion that doing this would create a legal difficulty for the City that can be avoided. Mr. Cahoon asked if this opinion would change if a petition was circulated through the neighborhood. Mr. Bennee asked if public sentiment would influence the decision. Mr. Clark asked about changing the zoning to Mixed Commercial. Commissioner Anderson replied that this would create a "spot zone." Chairman Sweeten agreed that changing the zone would possibly create more legal problems than changing the land use table. Mr. Smith commented that "spot zoning" is not good planning and that the mixed commercial zone is very different than the general commercial zone. He explained the differences in the two zoning districts. He suggested that it would be more effective to redraft the code and set a number. He noted that this amendment would have to be carefully crafted because the City would be creating a right that can be bought and sold. The Commission discussed zoning principles and procedures for addressing code changes.

Commissioner Nixon suggested that the applicants approach the Council for their views and observed that the proposal would not be allowed under the current code. Commissioner Peters agreed that the Planning Commission can only shadow the Council's intent. He added that although he was impressed with the presentation, he felt that the style of the building is not consistent with the architectural details that suggest "Lindon." Chairman Sweeten expressed the opinion that he would like to have the City Attorney's opinion. Mr. Bennee asked if the applicants could consult with the Lindon City Attorney. Mr. Smith replied that the Planning Commission can request an opinion, but crafting an amendment to the ordinance would have to be approved by the City Administrator and the City Council.

Commissioner Anderson observed that, although this proposal would "obviously" bring income to Lindon, this location may not be the perfect spot because it presently has no access to 600 North, it will generate a lot of traffic, and create more impact on a neighborhood already impacted heavily by commercial development. Mr. Nelson pointed out that traffic will be created for a restaurant also. Commissioner Peters replied that part of the problem lies in fact that 600 North was not designed to be a collector street. The Commission advised the applicants of the neighborhood objections so they could be aware of the obstacles.

Mr. Bennee asked the Commission for some guidance on where to go from here. Commissioner Nixon summarized the discussion. He pointed out that the Lindon City Code does not allow this use within the Commercial zone, so if the applicants and the City want to pursue the issue, a way to allow the use without compromising the City's position must be found. The issue of access to 600 North and the public easements through the property must be resolved. The appearance of the building with respect to architectural treatments that suggest Lindon's theme will also need addressing. Mr. Nelson asked if the Commission would suggested a design review with the Council. Commissioner Nixon replied yes. Commissioner Bryner offered her opinion that although the City would appreciate the revenues, this location cannot be recommended. Commissioner Godfrey agreed and recommended that the applicants look closer at the 700 North corridor. He commented that this corridor will rival State Street for traffic within the next year or two. Mr. Nelson replied that freeway traffic is different and that State Street is better for the type of traffic that yields buyers. The Commissioners wished the applicants good luck and thanks were returned.

It was noted that there was some citizens present that would like to address the Commission as part of the comment section of the agenda. The Commissioner returned to Public Comment.

PUBLIC COMMENT

Mr. Lindon Parks, of 67 West 600 North, distributed a map of his neighborhood and informed the Commission that he wanted to talk about the possibility of rearranging and/or reshaping the lots. He pointed out his home on Lot #1 in the middle of Lot 2 and Lot 3. His neighbor, Lot #2, lives to the west of his home. Lot #3, on the east side of his home, encompasses some sheds and a long strip along the back of lots #1 and #2. He asked the Commission to note the shape of Lot #3 and informed the Commissioners that he would like to build a new home on Lot #3, and pointed out a location near the back. He would like to explore the possibilities of changing the shape of the lots to allow him to build in this location. His first idea is expanding the Green Valley Condos so that he can build near the end of the cul-de-sac and have access from their streets without joining the association.

Commissioner Peters pointed out that the streets in the Green Valley Condos are privately owned. A private lot cannot be subdivided without frontage on a public street. He explained that he had joined the condo association and received access and frontage for the two buildings he had built. Commissioner Peters stated that he could only get access and frontage by joining the association. Mr. Parks replied that he had talked to some of the association members and that they had indicated some favor to his joining. He showed the Commission how he would like to connect and build at the end of the cul-de-sac and wanted to build without joining the association if possible.

Commissioner Nixon asked if Mr. Parks would prefer to keep the sheds on Lot #3. Mr. Parks replied that he would like to retain these structures. The size and shape of the sheds were discussed. Mr. Parks observed that part of his problem in building at his preferred location is that Lindon City Code does not allow the main structure to be behind the accessory buildings. That is why he thought about accessing his site from the Green Valley Condo Association.

It was pointed out that the connection to the Green Valley cul-de-sac would be a deep lot which would probably not meet the deep lot ordinance either. The Commission discussed the options and particulars of the request. Chairman Sweeten commented that deep lots are granted when there is no other way to develop. There would have to be a compelling reason to make an exception to the subdivision ordinance. Commissioner Anderson suggested requesting a variance from the Board of Adjustments. Mr. Smith pointed out that the Board of Adjustments has strict criteria to meet before granting a variance and that one of the criteria is that the applicant must show how he is being deprived of a property right. He suggested that Mr. Parks has other options available. Commissioner Anderson asked if a variance to build behind the sheds could be considered. The ordinance was examined. Mr. Smith suggested that the addition to the R2 is one option, while another could be removing the shop/shed and building there.

Mr. Parks and the Commissioner discussed the options briefly and Mr. Parks thanked the Commissioners for their suggestions.

Mr. Reed Ellsworth, of 184 South 300 West, told the Commission that he would like to purchase a parcel on the back of Harcliff Circle. Mr. Smith explained that Harcliff Circle is a private cul-de-sac across State Street from the City Center which contains five homes, all owned by members of the same family. He brought up the zoning and pointed out that the frontage along State Street is zoned Commercial and the back part is zoned Residential. Mr. Ellsworth told the Council that he had approached the neighbors on 40 South to buy frontage for this parcel in this direction, but was not successful. The Commissioners discussed the Harcliff Circle families' desire to sell their land for a commercial venture, frontage on State Street, access and easements. Commissioner Peters pointed out that, technically, if the lot is separated from the commercial property, it will have no frontage or access. Mr. Ellsworth was advised to approach the neighbors on 40 South for access again, and to indicate that the Planning Commission is inclined to extend the commercial zone to their back property line if asked, and that he is willing to act as a buffer.

10. WESTSIDE AREA MASTER PLAN PRESENTATION
Staff will present more information and potential development plans for the Westside Area Master Plan.

Mr. Smith told the Commission that Mr. Lorenzo Barcellone had prepared a project to show density and scale on a sample parcel on the west side. Mr. Barcellone presented his walkable community on 64 acres with varying densities and mixed uses. He compared the parcel divided into sixty-eight half-acre lots, which could sell for about $100,000 each, to the same parcel divided into 152 smaller lots, with some multiple family housing and a park area. He informed the Commission that the average density with the smaller lots would still yield 4.8 units per acre, lower the lot price to $44,736 and yet equal the same gross revenue for the developer. He pointed out such features as trails, urban alleys, shops with flats on top, interior parking lots surrounded by retail areas and avenues. The Commission discussed the presentation.

11. PLANNING DIRECTOR'S REPORT

Mr. Smith had no report for tonight.

ADJOURN

THE COMMISSION REACHED A CONSENSUS TO ADJOURN THE PLANNING COMMISSIONER MEETING AT10:25 P.M.

APPROVED - May 11, 2004

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