The Lindon City Planning Commission held a regularly scheduled meeting on Wednesday, February 11, 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: Julie Bryner

PRESENT
Dustin Sweeten, Chairman
Ron Anderson, Commissioner
Julie Bryner, Commissioner
Gary Godfrey, Commissioner
Evan Nixon, Commissioner (arrived at 8:00 p.m.)
Jim Peters, Commissioner
Marilyn Simister, Commissioner
Lindsey Bayless, Councilmember
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
James McMurray, Planning Intern
Lorenzo Barcellone, Planning Intern

ABSENT


The meeting began at 7:06 p.m.

1. PLEDGE OF ALLEGIANCE

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

2. APPROVAL OF MINUTES

The minutes of the regular meeting of January 28, 2004 were reviewed. The following corrections were made:
Page 4, Lines 1,3: Replace the number "100" with the number "150."
Page 4, Line 11: Add the word "mostly" after the word "are."
COMMISSIONER GODFREY MOVED TO APPROVE THE MINUTES OF JANUARY 28, 2004 AS CORRECTED. COMMISSIONER PETERS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

3. PUBLIC COMMENT

There was no public comment.

4. NEW BUSINESS (Reports by Commissioners)

Commissioner Peters reported that no signs have been posted on 600 North to notify vehicles of approaching speed humps. He noted that the posts were there, but no signs were mounted on them. Mr. Smith replied that he would inquire with Public Works on the status of these signs. Commissioner Peters asked about getting street lights on 40 West and 80 West for the Green Valley Condo Association. He commented that these lights have been promised repeatedly. Mr. Smith replied that the City is sympathetic and is working on the situation, but that street light projects were subject to Utah Power & Light. So far, this company has been very slow to respond, but the staff will keep working on the problem. Commissioner Simister pointed out a stop sign that is not readily visible and poses a safety hazard. Chairman Sweeten asked if there were other reports. There were none.

5. DISCOUNT TIRE - 564 SOUTH LINDON PARK DRIVE - SITE PLAN
This is a request for approval of a new tire sales and installation retailer in the Lindon Gateway Area.

Mr. Don Thraikiol, Mr. Paul Witherspoon, and Mr. George Buys were present for Discount Tire. Mr. Smith showed the Commission the site location on an aerial photo and pointed out the Lexus dealership next door to the north. He displayed the proposed site plan for the one-acre lot. He pointed out the main access on 800 West where it turns to join Lindon Park Drive, a six-foot meandering sidewalk, and landscaping areas. He observed that staff has no concerns, but suggested that the Commission might want to address outside storage, seasonal displays, and designation of the access to the frontage road and 800 West as a public access easement.

Commissioner Anderson asked if the easement provides access for the park and ride also. Mr. Smith confirmed that the easement provides access to this business, the park and ride and 800 West Street. He added that UDOT owns the park and ride now, but there is a possibility that this parcel may be sold as a commercial pad in the future. Commissioner Anderson asked if UDOT would vacate the easement if the park and ride is sold. Mr. Smith replied that UDOT is not likely to vacate the easement because of plans to reconstruct the off ramp, in the meantime however, UDOT has allowed the neighboring businesses to landscape and maintain the easement. Commissioner Anderson commented that it is in the interest of the business to maintain the landscaping on the easement because of the freeway visibility.

Commissioner Peters asked about the width of Lindon Park Drive at the intersection of 800 West. Mr. Smith replied that the "full access" intersection on Lindon Park Drive has two lanes on each side of the centerline. The Commissioners discussed how customers would access the site. Mr. Thraikiol was asked to address the questions raised by Mr. Smith.
Mr. Thraikiol told the Commission that there would be no outside storage. He explained that Discount Tires is a unique business that does tires and wheels only. There are no mechanical sales. Insurance does not allow the business to leave any vehicle outside overnight. He pointed out a smaller room on the end of the building intended for storage of scrap tires until they are removed.

Commissioner Peters asked how the close proximity to Lindon's other tire dealership would affect this business. Mr. Thraikiol replied that Discount Tires' business is strictly tires, while Les Schwab's business is mostly services. He expressed the opinion that both businesses could compete and be successful. He commented that these two businesses operate in close proximity in many markets. He observed that Discount Tire started with one store in 1960 and now has many stores.

Commissioner Peters asked if the business intended access to the rear of their building. Mr. Thraikiol replied no, that customers will not drive through for service, but in and out the front. Commissioner Sweeten asked the setback distance on the back of the building. Mr. Smith replied that there is eight to ten-feet between the building and the property line that will be landscaped.

Commissioner Godfrey asked if the cement area in front was raised. Mr. Thraikiol replied that the cement is level with the floor and the asphalt parking lot. Commissioner Sweeten asked about the color of the block that the building will be built with. Mr. Thraikiol replied that the building will be faced with a split face CMU. Mr. Smith showed the color board. Commissioner Simister noted that the lot presently consists of two separate parcels. Mr. Thraikiol replied that the subdivision amendment, next item on the agenda, will make it one legal lot. Mr. Smith added that the subdivision amendment needed approval from the Lindon City Redevelopment Agency. Commissioner Peters asked about plans for storm drainage. Mr. Buys replied that the on-site detention area within the landscaping will tie into the Larry Miller detention area.

Chairman Sweeten asked about white rail fence. Mr. Smith replied that the Council made a decision to require the white rail fence on the Lindon Park Drive entryway only. The parking was discussed briefly. Chairman Sweeten asked if there were other concerns. There were none. Commissioner Simister asked what the anticipated construction period is. Mr. Thraikiol replied about five months.

COMMISSIONER SIMISTER MOVED TO APPROVE THE REQUEST FOR DISCOUNT TIRE AT 564 SOUTH LINDON PARK DRIVE. COMMISSIONER BRYNER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

6. LINDON PARK STATION, PLAT "E" - 560 SOUTH LINDON PARK DRIVE - PRELIMINARY SUBDIVISION APPLICATION
This is a request for approval of a two-lot subdivision amending Lindon Park Station Plat B, Lots 4 & 5.

Mr. Smith commented that the only concern here is to make sure the wording on the plat makes it clear that the easement is for public access. Commissioner Anderson asked if Discount Tire will construct the road. This was confirmed. Commissioner Peters verified that a minimal amount of traffic will access 800 West through this access. Mr. Smith confirmed this statement. The Commission discussed the access, UDOT, and the park and ride.

COMMISSION ANDERSON MOVED TO APPROVE THE REQUEST BY DISCOUNT TIRE FOR APPROVAL OF LINDON PARK STATION, PLAT "E," LOT 9, A ONE-LOT SUBDIVISION AND AMENDMENT LINDON PARK STATION PLAT "B," LOT 4 AND RECOMMEND APPROVAL TO THE CITY COUNCIL WITH THE RECOMMENDATION THAT THE PLAT INCLUDE THE WORDING TO INCLUDE A 22-FOOT PUBLIC ACCESS ON THE SOUTH EDGE. COMMISSIONER PETERS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

7. LEE'S HOMESTEAD - 190 NORTH 400 WEST - CONDITIONAL USE PERMIT - R2 OVERLAY
This is a request for approval of an R2 Overlay project permitting two triplexes on a one-acre lot.

Ms. Joy Lee and Mr. Kyle Adams were present. Mr. Smith commented that the Commissioners were familiar with this item as a design review. He presented a short background on the proposal to construct an R2 project of two triplexes on a two acre parcel. One-half acre will be reserved for the existing home.

Commissioner Peters asked Mr. Smith to show where the commercial zoning is located in relation to this parcel. Mr. Smith displayed the overlay on an aerial photo and commented that the commercial zone abuts this parcel on the back property line. Commissioner Peters asked if Ms. Lee was aware of the proximity of the commercial zone. Ms. Lee replied yes.
Mr. Smith displayed the site plan and the elevations. He noted that this proposal lies within R2 Overlay District 13 which has eighteen approved units. This project, if approved, would leave two available units in this district. The closest units are down the street to the south about 1300 feet away and the next closest are the Jasper units on Lakeview Drive.

Commissioner Peters commented that it appeared that Ms. Lee was creating a half-acre lot behind the existing house. He explained that leaving this acreage is a self-inflicted hardship and that no flag lot can be created here. He observed that he wanted Ms. Lee to be aware of this issue. He also observed that Ms. Lee might want to consider building to condo specs to allow future conversion. He suggested that limited common areas and private backyards be looked at to facilitate this conversion. Ms. Lee commented that she was not opposed to a condo conversion and would consider these suggestions. Commissioner Peters added that covered parking might also be considered, and advised Ms. Lee that she must get Planning Commission approval before making additions to the plans, such as covered parking. Ms. Lee commented that she has not decided yet on the covered parking, but would like to add storage for the individual units.

Commissioner Peters cautioned Ms. Lee on planning to make these additions without prior approval. He noted that the ordinance requires a six-foot fence on the perimeter and suggested an anti-graffiti sealant for the fence. Commissioner Anderson suggested talking to the neighbors about the fence. Commissioner Peters explained that the fence requirement is a six-foot sight obscuring fence, but the materials of the fence are better worked out with the neighbors. He asked if the landscaping meets the 40% rule. Mr. Smith replied yes.

Commissioner Peters asked the location of the central air units. Mr. Adams replied that the central air units will be placed outside the individual apartments. Chairman Sweeten suggested that the units be located away from the property lines and concealed.
Commissioner Peters asked the width of the driveway. Ms. Lee replied 25-feet.

Commissioner Peters asked about waste storage. Ms. Lee pointed out the location of a central dumpster on the parking lot. Commissioner Peters suggested moving the location to allow the large trucks access to empty the dumpster. Commissioner Anderson commented that the dumpster should not be visible from the street.

Chairman Sweeten opened the meeting to public comment. He commented that the Planning Commission will consider the concerns of the public, but if the project meets the applicable ordinances, the Planning Commission is required to approve it.

Mr. Steve Smith of 165 North 400 West told the Commission that he had several concerns. He expressed a concern about present storage of automobiles on the property and future maintenance. He observed that the present owners have the right to develop, but they also have the responsibility to maintain the property.

(Commissioner Nixon arrived at 8:00 p.m.)

Ms. Lee replied that the vehicles would be removed and the property maintained. Mr. Steve Smith expressed concerns about a two story structure blocking his views and the lights from the driveway shining into his windows. He commented that the intent of the R2 Overlay is to spread units throughout the city and that this project would concentrate six of the remaining eight units available in this district onto one property. Chairman Sweeten explained the R2 Overlay ordinance for those in the audience that were unfamiliar with its provisions. Commissioner Nixon commented that the ordinance specifies that there be no more than six in any one project and asked Mr. Smith to explain his concern. He expressed concern with the density.

Chairman Sweeten commented that the ordinance requires an architectural standard that puts the project in harmony with the neighborhood. Mr. Smith commented that most of the homes in the neighborhood are ramblers. He also expressed concern that headlights on vehicles coming out of the driveway will shine into his bedroom. He requested that the units be lowered to one level.

Ms. Lynn Farrer of 189 N 400 W pointed out her home across the street from the existing house. She informed the Commission that this house contains a rented basement apartment. She suggested that one unit is already taken by this apartment. She also requested a lower building so that the view would not be obstructed. She suggested that the driveway be put at an angle that would aim the lights away from the homes across the street. The Commission discussed the architectural styles that are common to the neighborhood. Commissioner Peters suggested that the neighbors are making a valid point. Chairman Sweeten commented that a new two-story home could be built on this property.

Ms. Farrer commented that she had spent considerable time and money fixing up her older home and requested something that would not negatively impact the neighborhood. Commissioner Bryner suggested that Ms. Farrer negotiate with the property owner. Various ways of moving the units, constructing partial basements and moving the parking lot were discussed. Ms. Lee commented that moving the units back would entail more utility expense. She commented that the front area would be park-like with trees and flowers.

Mr. Dennis Wheeler of 330 West 60 North, expressed concern about the lot left behind the existing house. She suggested that the single family lot be put on 400 West and the R2 units be limited to the back area. He suggested that R2 units devalue a neighborhood and opposed putting six units in one spot. He suggested that it was unfair to impose a harmful project on the neighborhood.

Mr. Richard Griffith of 156 North 400 West pointed out his home next door to the south. He expressed concern about the layout of the project. He noted that the parking lot was very close to his home and expressed concerns about noise and lights. He also felt that a two-story structure would not fit into this neighborhood of single story homes. Commissioner Nixon asked for his suggestions on how to make the project fit into the neighborhood. Mr. Griffith suggested that the parking lot be put on the north side and the project be flipped (mirror image). The Council discussed his proposal and pointed out some disadvantages to him. Commissioner Nixon suggested that a fence to help screen the parking from his home may be better.

Mr. Scott Cullimore of 110 North 400 West suggested putting the parking on the vacant lot behind the existing home. It was pointed out that residents of the units would have to carry groceries from the parking lot to their apartments, so this would be inconvenient. Mr. Cullimore asked about weed control on this lot. Mr. Smith replied that weed control is covered under a separate ordinance in the Lindon City Code. He added that this parcel cannot be sold as a separate parcel, so must be connected to the existing home or to the R2 project. There was a discussion of moving the back unit closer to the rear property line and moving the front unit back. This would open more of the front to landscaping and open the view. A layout was suggested that may provide more room for covered parking and backyards. Commissioner Peters suggested that the vacant parcel may be used for RV storage for a condo association. Mr. Smith commented that this parcel can be used for landscaping or some storage. Ms. Lee observed that moving the project east would move the parking lot farther behind Mr. Griffith's house.

Ms. Sandra Christiansen of 363 North Lakeview Road, expressed concern about access to the irrigation ditch. She pointed out the location of the ditch that crosses this property before reaching her parcel. A suggestion was made that garages would alleviate the parking noises and add storage to the units. This may alleviate some of the neighbor's concerns.

Chairman Sweeten asked if the Planning Commission can require ramblers. Mr. Smith replied that this would be an aggressive position for the City to take. The ordinances allow homes of 35-feet in height. The Commission discussed the elevations and how to make the project fit within the neighborhood. Rotating the layout, moving the layout back to the minimum rear setback, moving the driveway, adding garages and basements, moving the playground to the front open space, and allowing access for the irrigation ditch were discussed.

COMMISSIONER PETERS MOVED TO CONTINUE THE REQUEST BY FRED AND JOY LEE FOR APPROVAL OF LEES HOMESTEAD, A SIX-UNIT R2 OVERLAY PROJECT AT 190 NORTH 400 WEST AND SUGGEST THAT THE LEES CONSIDER THE SUGGESTIONS DISCUSSED FOR BASEMENTS AND GARAGES, COMPATIBLE ARCHITECTURE WITH THE NEIGHBORHOOD, PLACEMENT OF THE DRIVEWAY AND BUILDINGS ON THE LOT, CONDOMINIUM CONVERSION POSSIBILITIES AND TO DISCUSS TYPES OF MATERIALS FOR THE FENCE AND ACCESS TO THE IRRIGATION DITCH WITH THE NEIGHBORS. COMMISSIONER NIXON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

10. PLANNING DIRECTOR'S REPORT

Mr. Smith asked to move to the Director's Report temporarily to consider a grading plan for Canberra Heights as the lot owners were now present. He displayed the grading plan and commented that there is not a lot of grading. He pointed out three-foot tall walls to retain a driveway and one that is six-feet tall on the southeast corner of the home. Commissioner Peters asked about the composition of the walls. Mr. Pratt replied that the walls would be boulders. Commissioner Nixon commented that he had no objections to the plan as long as the homeowner is using natural materials for the retaining walls. The Commissioner agreed.
THE COMMISSIONER REACHED CONSENSUS TO APPROVE THE GRADING PLAN FOR CANBERRA HEIGHTS, PLAT "B," LOT 28 AS PRESENTED.

Continued Planning Director's Report

8. LINDON WALMART, PLAT A - 600 NORTH STATE STREET - SUBDIVISION PLAT AMENDMENT
This is a request to amend the property line between Lot 3 and the Jiffy Lube site.

Mr. Smith presented a proposal to amend the Lindon Walmart Subdivision, Plat A, to include an agreement reached between Walmart, Jiffy Lube and Lindon City. He showed how the property line between Walmart and Jiffy Lube along the new alignment of 600 North would be moved to give each business half of the street. The Commissioners and Mr. Smith discussed the agreement that gives ownership, but no new access.

COMMISSIONER NIXON MOVED TO APPROVE THE REQUEST BY WAL-MART CORPORATION FOR APPROVAL OF LINDON WAL-MART, PLAT "B" AN AMENDMENT TO LINDON WAL-MART, PLAT A," LOT 3 AND RECOMMEND APPROVAL TO THE CITY COUNCIL. COMMISSIONER PETERS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

9. ORDINANCE AMENDMENT - 17.16. - NONCONFORMING BUILDINGS AND USES
This is a Planning Commission request to amend and revise the nonconforming buildings and uses section of the Lindon City Code.

Mr. Smith observed that the Commission had seen this proposed amendment before and pointed out the changes that had been made as a result of the last discussion. The Commission discussed the meaning and intent of the word "harmony." Mr. Smith suggested that a use that is in "harmony" with its neighborhood is different, but mixes well. Chairman Sweeten suggested that the use is not more of a burden to the neighborhood than it was previously.

Mr. Smith noted that loss of legal nonconforming status is changed from one year to six months of abandonment. The six months is started from the time the business license lapses. Commissioner Peters raised a question on the types of nonconformity–the difference between the use of the structure and the type of structure itself. He wondered if the nonconformity ordinance would be more clear if the types of nonconformity were separated. The Commission discussed restoration of only partially damaged buildings, when and how such buildings can be replaced, and whether the new building should meet the present code. It was decided that the ordinance addressed those issues as intended. There was a short discussion on noticing distances.

COMMISSIONER PETERS MOVED TO APPROVE THE REVISION AND AMENDMENT OF CHAPTER 17.16 - NONCONFORMING BUILDINGS AND USES - OF THE LINDON CITY CODE AND RECOMMEND APPROVAL TO THE CITY COUNCIL WITH THE CHANGES AS SUGGESTED. COMMISSIONER ANDERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

10. PLANNING DIRECTOR'S REPORT

a. New Construction at Linden Nursery

Mr. Smith presented Linden Nursery's plan to construct a pole structure for plant shading purposes. It was decided that this structure did not constitute a building as per the IBC and so would not need a building permit or a site plan amendment. Mr. Smith asked if the Commission remembers discussing the sewer connection for the temporary trailer for America's Choice Auto. It was decided that the permanent improvements would be required for this temporary trailer. The Commission discussed American Planning Association membership and posed for a picture for the newspaper.

ADJOURN

THE COMMISSIONERS REACHED CONSENSUS TO ADJOURN THE PLANNING COMMISSION MEETING AT 10:04 P.M.

APPROVED - March 10, 2004

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