The Lindon City Planning Commission held a regularly scheduled meeting on Wednesday, March 24, 2004 in the Lindon City Center, Council Chambers, at 100 North State Street, Lindon, Utah.

Conducting: Dustin Sweeten, Chairman
Invocation: Jim Peters, Commissioner

PRESENT

Dustin Sweeten, Chairman
Julie Bryner, Commissioner
Gary Godfrey, Commissioner
Evan Nixon, Commissioner (arrived at 7:16 p.m.)
Jim Peters, Commissioner
Marilyn Simister, Commissioner
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
James McMurray, Planning Intern

ABSENT

Ron Anderson, Commissioner
Lorenzo Barcellone, Planning Intern

The meeting began at 7:02 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 10, 2004 were reviewed. The following corrections were made:
Page 3, Line 26: Add the words "as it runs west" after the word "parallel."
Page 4, Line 9, 10: Replace the word "verified" with the words "requested verification."
Page 4, Line 18: Replace the word "FENDING" with the word "FENCING."
Page 5, Line 22: Replace the word "He" with the words "Mr. Peterson."
Page 5, Line 34: Replace the word "about" with the word "if." Add the word "would" after the word "building."
Page 6, Line 26: Replace the word "warned" with the word "advised."
Page 6, Line 35: Add the word "VEHICULAR" after the word "FOR."
Page 7, Line 15: Replace the word "on" with the phrase "between a commercial zone and."
COMMISSIONER SIMISTER MOVED TO APPROVE THE MINUTES OF THE MEETING OF MARCH 10, 2004 AS CORRECTED. COMMISSION 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 a motor home is parked on the street constantly near the corner of 200 East and 750 North. He asked if there have been complaints from the neighborhood. Mr. Smith replied that no other complaints have been received. Commissioner Peters commented that this is a residential neighborhood and there is room within this lot for this vehicle to park.

Commissioner Godfrey asked if there was any follow up on Mr. Peterson. Mr. Smith replied that he had followed up the Planning Commission meeting decision with a letter, but that he had no reply or contact from Mr. Peterson.

5. MEADOWS AT BALD MOUNTAIN, PLAT "B" - 650 EAST 700 NORTH - PRELIMINARY SUBDIVISION

This item was called, but there was no representative present.
THE COMMISSION REACHED CONSENSUS TO TABLE THE ITEM TEMPORARILY TO ALLOW THE APPLICANT TO ARRIVE. See Below

6. MERCEDES-BENZ OF LINDON - 500 SOUTH 600 WEST - SITE PLAN

Mr. Smith reported that the applicants had called and asked to be rescheduled for two weeks from tonight.
THE COMMISSIONERS REACHED CONSENSUS TO CONTINUE THIS ITEM AND THE FOLLOWING AGENDA ITEM FOR TWO WEEKS.

7. MERCEDES-BENZ OF LINDON, PLAT "A" - 500 SOUTH 600 WEST - PRELIMINARY SUBDIVISION

8. T-MOBILE - 946 WEST CENTER STREET - CONDITIONAL USE PERMIT (MOBILE TELEPHONE RELAY TOWER)

Mr. Jerome Gourley, of KEG Company, introduced himself to the Commission. Mr. Smith displayed an aerial photo of the area and pointed out the location of the proposed tower compound on the northeast corner of the Lindon City Public Works yard. He informed the Commissioners that the applicants have obtained a lease from the City to use this parcel.

(Commissioner Nixon arrived at 7:16 p.m.)

The Commissioners discussed the neighboring property owners and pinpointed the nearest residential homes. Commissioner Nixon asked if staff had any issues with this application. Mr. Smith replied no. He noted that the telecommunications tower is proposed to be 100 feet. The Commissioners discussed access to the site and utility easements. Commissioner Nixon suggested that Mr. Gourley might want to verify the utility easements along the access. Chairman Sweeten asked if there were other questions. There were none.

COMMISSIONER NIXON MOVED TO APPROVE THE REQUEST BY T-MOBILE FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A 100-FOOT WIRELESS RELAY TOWER AT 946 WEST CENTER STREET AND RECOMMEND APPROVAL TO THE CITY COUNCIL. COMMISSIONER BRYNER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

9. PETERS MAIN STREET SUBDIVISION, PLAT "A" - 590 NORTH MAIN STREET - PRELIMINARY SUBDIVISION

Commissioner Peters recused himself and presented himself as the applicant for this subdivision proposal. Mr. Smith displayed the location on an aerial and reminded the Commission of the previous subdivision plat approval, which delayed improvements on Main Street for this one-lot subdivision. He reported that staff has issues concerning provisions for storm water run-off at the end of the sidewalk, and maintaining adequate width for the proposed half-street development of Main Street. He noted that Mr. Peters could report on his efforts to work with the LDS Church on the improvement of Main Street. He commented that the application proposed to install from 14-21 feet of asphalt. The Commissioners discussed the City Code requirements for half-streets. The future plans of the LDS Church for their parcel across the street was disclosed. Mr. Smith commented that Main Street is classed as a collector with sixty-six feet of width and that the City will participate to improve the center section.

Mr. Peters reported that he has proposed to improve the narrow strip of property owned by the LDS Church in the middle of the street in return for dedication of this right-of-way to the City. His proposal must pass through six committees and has gone through several now. He observed that the problem lies in that the center line of the street does not parallel the property line. He commented that he only owns a polygonal shaped parcel within the proposed easement and the rest of the street easement is presently owned by the LDS Church. Mr. Smith noted that the other half of the street would be developed when the Church decides to develop their parcel into subdivision lots.

Commissioner Nixon asked if half of a regular-sized street is enough for access. Mr. Smith replied that a travel lane is about 12-feet wide and this gives about 17-feet. This would allow enough width for emergency access, if needed.

Commissioner Nixon asked about utility extensions. Mr. Peters replied that culinary and secondary water would be extended from 600 North, but that sewer must go to 480 North Street because of the elevation. He has approval from Allan Colledge to cross his property with the sewer line. He was advised to obtain a utility easement for this sewer extension. Commissioner Nixon asked if Mr. Peters had a drainage plan to address run-off at the end of the sidewalk. Mr. Peters reported that he had discussed this issue with Public Works Director Don Peterson and City Engineer Mark Christensen. He pointed out a berm for flood irrigation that can be tied into to contain the run-off. Commissioner Nixon asked if the roadway design will allow the extension of the berm. Mr. Peters replied that the street improvements will need some fill in this area and the berm can be accommodated. Commissioner Nixon asked how much fill he estimates is needed. Mr. Peters replied about four-feet.

Commissioner Godfrey asked a question about the application of the half-street ordinance. Mr. Smith explained that this provision was adopted to allow development when a neighboring property owner is not willing or ready to develop his half of the access. The Commission discussed obstacles to extension of Main Street to 400 North. Commissioner Nixon asked if the development of Main Street would give the remaining property owners to the south legal access. Mr. Peters noted that his intention is not to provide access. This was discussed.

COMMISSIONER GODFREY MOVED TO APPROVE THE REQUEST BY JIM PETERS FOR PRELIMINARY SUBDIVISION APPROVAL OF PETERS MAIN STREET SUBDIVISION, PLAT "A," A ONE-LOT SUBDIVISION AT 590 NORTH MAIN STREET AND RECOMMEND APPROVAL TO THE CITY COUNCIL WITH THE FOLLOWING RECOMMENDATIONS:
1. THAT AN AGREEMENT BE REACHED WITH THE LDS CHURCH CONCERNING MAIN STREET DEVELOPMENT;
2. THAT THE END OF MAIN STREET BE FENCED, IF NECESSARY, TO PREVENT ACCESS INTO THE NEXT PROPERTY; AND
3. THAT A HALF STREET BE ALLOWED BASED ON THE FINDING THAT THIS APPLICATION MEETS THE REQUIREMENTS OF LINDON CITY CODE SECTION 17.32.120(6)(F) AS NECESSARY TO RESOLVE PROBLEMS WITH FUTURE DEVELOPMENT.
COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Mr. Peters returned to his seat at the Commission table. It was decided to return to the Bald Mountain item temporarily.

5. MEADOWS AT BALD MOUNTAIN, PLAT "B" - 650 EAST 700 NORTH - PRELIMINARY SUBDIVISION

The Commissioners decided that the applicants did not have to be present to discuss this item. Mr. Smith displayed the area and pointed out the two lots that are part of this application. There was discussion about 680 North Street, which borders one of the lots on the north, and 1200 East Street, which affects future expansions of this subdivision. Commissioner Nixon commented that 680 North was one of the streets that the Planning Commission recommended that the Council consider for the alternative cross section. He also mentioned that Lot #34 is oddly shaped. He suggested that the developers might want to consider talking to the property owners to the west, the Fryers, and discuss a trade for access. Commissioner Godfrey asked why Commissioner Nixon was concerned about the odd-shaped lot. Commissioner Nixon replied that odd-shaped lots create problems with neighbors. Commissioner Bryner asked Mr. Smith about access to the Fryer parcel. Mr. Smith showed how access is planned from 600 North.

COMMISSIONER NIXON MOVED TO APPROVE THE REQUEST BY REX DALEY FOR APPROVAL OF MEADOWS AT BALD MOUNTAIN, PLAT "B," A TWO-LOT SUBDIVISION AND RECOMMEND APPROVAL TO THE CITY COUNCIL WITH THE FOLLOWING RECOMMENDATIONS:
1. THAT CONTACT BE MADE WITH THE FRYERS FOR A POSSIBLE LAND TRADE TO MAKE A MORE REGULARLY-SHAPED LOT AND ALLOW FOR FUTURE ACCESS;
2. AND, THAT THE COUNCIL CONSIDER THE ALTERNATIVE STREET CROSS SECTION FOR 680 NORTH.
COMMISSIONER PETERS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

10. PUBLIC HEARING - GENERAL PLAN AND ZONING MAP AMENDMENT - 100 NORTH 1400 EAST - R1-12 TO RMU-E

COMMISSIONER NIXON MOVED TO OPEN THE PUBLIC HEARING. COMMISSIONER PETERS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Mr. Smith observed that this type of general plan and zoning map amendment is one of the rare public hearing for the Planning Commission that is required by State Code. He explained that, until recently, this land was in private ownership, and now belongs to the forest service. He noted that recreation property presently lies on both east and west ends of Lindon and that there are two zoning districts that are similar, but have some specific differences pertaining to their location. The RMU-W district is designed to protect wetlands and the RMU-E district for hillsides. Commissioner Peters asked why this property is still within the City boundary. Mr. Smith replied that the City has an interest in protecting the water shed and all public property. Chairman Sweeten asked if there was any public comment. Mr. Harlow Clark, newspaper representative, asked what chance of home development was likely on this land and how the change in the general plan and zoning would protect the land. Mr. Smith replied that subdivision development in this area is unlikely because of public ownership, but that the forest service does trade and sell land occasionally. He noted that changing the zoning changes the value and makes development less likely in the event of such an occurrence.

COMMISSIONER PETERS MOVED TO CLOSE THE PUBLIC HEARING. COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

COMMISSIONER PETERS MOVED TO APPROVE GENERAL PLAN AMENDMENT AND ZONE CHANGE FOR THE PROPERTY AS DELINEATED IN EXHIBIT A," CHANGING THE GENERAL PLAN DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL TO OPEN SPACE AND THE ZONING DESIGNATION FROM R1-12 TO RMU-E AND RECOMMEND APPROVAL TO THE CITY COUNCIL. COMMISSIONER GODFREY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

There was a short discussion on hillside overlay requirements and the Bureau of Reclamation's Aqueduct.

11. PLANNING DIRECTOR'S REPORT
1. Westside Master Plan Values Survey Results
It was decided to postpone this item to the next meeting.

2. Future Training Opportunities
Mr. Smith asked how many of the Commissioners were now receiving their American Planning Association subscription. There were some that still were not receiving information. Mr. Smith announced an APA conference for May 6 and 7 in Blanding, Utah. He suggested that two or three of the Commissioners might find the conference useful. There was a short discussion of development on the east side.

ADJOURN

COMMISSIONER GODFREY MOVED TO ADJOURN THE MEETING AT 8:45 P.M. COMMISSIONER BRYNER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - April 14, 2004

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