The Lindon City Planning Commission held a regularly scheduled meeting on Wednesday, May 12, 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
Evan Nixon, Commissioner (arrived at 7:30 p.m.)
Jim Peters, Commissioner
Marilyn Simister, Commissioner (arrived at 7:09 pm)
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk

ABSENT

Gary Godfrey, Commissioner

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.

(Commissioner Simister arrived at 7:09 p.m.)

2. APPROVAL OF MINUTES

The Planning Commission Minutes of April 14, 2004 were reviewed. The following corrections were made:
Page 2, Line 17: Replace the word "to" with the word "for."
Page 2, Line 29: Replace the word "has" with the word "had."
Page 3, Line 9: Delete the word "the" after the word "that." Replace the word "truck" with the word "trucks."
Page 3, Line 10: Delete the phrase "contained in the buiding."
Page 3, Line 14: Delete the word "the" before the word "lots." Replace the word "small" with the word "substandard."
Page 3, Line 15: Replace the word "which" with the words "the lots."
Page 3, Line 24: Delete the word "and noted that" and capitalize the word "He."
Page 4, Line 20: Replace the word "neighbors" with the word "neighbor."
Page 5, Line 9: Replace the word "is" with the word "was." Add the words "the land" after the word "developing."
Page 5, Line 12: Add the word "understanding" after the word "but."
Page 5, Line 13: Add the phrase "would help the Commission and Council in making a decision" after the word "owners."
Page 6, Line 27: Add the word "to" after the word "is."
Page 6, Line 31: Replace the word "wants" with the word "wanted."
Page 6, Line 40: Add the word "is" after the word "position."
Page 7, Line 11: Add the word "RIGHTS" after the word "WATER." Add the words "AND CHIEF BUILDING OFFICIAL'S" after the word "MARSHAL'S."
Page 7, Line 24: Replace the word "seems" with the word "seemed."
Page 7, Line 33: Replace the word "is" with the word "was."
Page 8, Line 8: Delete the word "is" after the word "required."

The Planning Commission Minutes of the regularly scheduled meeting of April 28, 2004 were reviewed. The following corrections were made:
Page 5, Line 28: Replace the word "Commission" with the word "landscaping." Delete the word "being" after the word "not."
Page 6, Line 21: Add the words "AND BE REVIEWED BY STAFF" after the word "REQUIREMENTS."
Page 11, Line 21: Add the words "without joining the association" after the word "streets"
Page 11, Line 23: Replace the words "and that" with a period and the words "A private."
Page 11, Line 24: Replace the words "that way to" with the words "and frontage for."
Page 11, Line 25-28: Replace the sentences "However, now the R2 Overlay ordinance has been rewritten and projects like the Green Valley Condos are overbuilt. He did not see how Mr. Parks could get access through the condo association" with the sentence "Commissioner Peters stated that he could only get access and frontage by joining the association."
Page 11, Line 30,31: Add the phrase "and wanted to build without joining the association if possible" after the word "cul-de-sac."
COMMISSIONER PETERS MOVED TO APPROVE THE MINUTES OF APRIL 14, 2004 AND APRIL 28, 2004 AS CORRECTED. COMMISSIONER SIMISTER 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 observed that some of the approved architectural details on Walmart are not installed. He asked Mr. Smith to check on the venting in the cupolas. Commissioner Bryner commented that the width of the entrances seem to be narrower than necessary. Mr. Smith replied that the entrance being referred to is "right-in, right-out" only and meets the engineering standards. Commissioner Anderson commented on the grade of the parking lot and Mr. Smith replied that this is also being supervised by the engineering department.

Commissioner Bryner reported some graffiti on a fence along the TimpLake Trail between 900 East and 1200 East. She also reported what appears to be a chemical spill along the freeway in the neighborhood of Printing Resources. She also asked about progress on construction of the McKinley Drive Trail. Mr. Smith replied that Mayor Ellertson and City Administrator, Ott Dameron, are working on applying for a grant to complete this trail. Commissioner Bryner commented that the homeowners adjacent to the trail are putting in yards and may be encroaching on the trail property. Mr. Smith replied that he would investigate the possibility of encroachment.

Chairman Sweeten asked if the Planning Commission reviews remodeling changes to structures. Mr. Smith replied that if the building itself is not materially changed, the Commission does not review the applications. Chairman Sweeten asked about the Vantage Auto building. Mr. Smith reported that this building is receiving a new fascia only. Chairman Sweeten commented that review of these applications might become necessary if the City is trying to achieve a uniform look for State Street. Mr. Smith noted that an amendment to the commercial zone ordinance may be necessary to require a review. He commented that if the application meets the architectural and landscaping standards of the current commercial code, no reviews by the Commission are scheduled. Chairman Sweeten observed that the more work and money a building owner puts into a site that does not meet the architectural standards, the less likely they are to ever bring it into compliance. He suggested that the Commission should consider ways to bring nonconforming businesses into conformance.

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

Chairman Sweeten asked if there were other issues or reports. Commissioner Nixon commented that the improvements are being installed in the Kings Court Subdivision. He wondered if this would be an opportune time to improve neighboring parcels whose owners have placed bonds and not had the improvements installed. He mentioned one neighbor in particular that has a bond in place. Mr. Smith replied that he would check with Public Works to discuss the possibility.

5. ROSS CHILDS - 388 WEST 600 NORTH - GENERAL PLAN AMENDMENT & ZONE CHANGE
This is a request by some of the residents on the west end of 600 North to change the zoning for their property from Residential to Commercial.

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

Mr. Smith displayed the area on 600 North between State Street and about 300 West. He remind the Commission that Mr. Childs had appeared before them about a month ago to inquire into the possibility of changing the zoning on his home from residential to commercial. He and his two neighbors to the east have now submitted an application to extend the commercial zoning from the current 500 foot State Street boundary to include their homes on 600 North. Mr. Smith explained that the 500-foot commercial zone first appeared in 1964 Lindon City zoning maps. This line has been adjusted to meet the needs of individual property owners along State Street on occasion, but remains unchanged in many areas.

Commissioner Peters commented that Mr. Childs' property is bisected by the zone, but the Peterson's and Rockhill's properties are entirely within the residential zone. He observed that a zone change will affect more than just these three properties. He commented that the transition between the zones needs to be considered carefully, or the City will have other homeowners in this neighborhood affected by commercial development, similar to what is provoking this application. He asked what makes a better buffer for homes, a street or a wall between zones. Mr. Smith observed that most homeowners prefer a 7-foot concrete wall with a landscaping barrier. He also noted that a commercial setback from such a wall is forty-feet, where the setback from a street is only twenty-feet. A required setback for a residential home is thirty-feet.

Chairman Sweeten commented that this property is more conducive to professional offices than other commercial development because of its distance from State Street. An irrigation ditch was pointed out that borders the east side of the end home in this application. Chairman Sweeten suggested that the Commission hear any public comment on this application. The Commission agreed.

Ms. Shelby Deher of 331 West 625 North observed that there are twenty-five homes in the Ivory Homes development on 600 North between the border of this application and Locust Avenue. She commented that 600 North is already becoming a commercial thoroughfare and the Walmart will bring even more traffic to this residential area. She suggested that the commercial zone should be limited to a line along 400 West, which is a natural barrier, and not extended any farther into the neighborhood. She commented that the neighbors here do not want the commercial zone extended; they do not want a wall; and, they do not want the values of their $300,000 to $500,000 homes jeopardized.

Commissioner Peters commented that the home on the corner of 600 North and 400 West may have already been sold as commercial property. He suggested that the owners may protest changing this property back to residential. The owners of the properties between State Street and the Childs' home were discussed, as well as their reported plans and intentions to either stay or sell their homes. Mr. Smith commented that Mr. Childs had been advised that when a property is bisected by two zones, the more restrictive of the two zones is applied. In this case, the more restrictive zone is the residential zone.

Commissioner Peters asked what buffers a residential zone if the boundary is a street. He pointed out that there is no fence. Mr. Smith pointed to the offices across the street and noted that, in this case, a berm and landscaping were installed in the twenty-foot setback. Commissioner Peters noted that only a minimal berm can be placed in a twenty-foot setback. He suggested that a larger setback may be needed. Commissioner Bryner asked if all three properties would have to be combined to make enough room for one commercial building. Mr. Smith measured the setbacks and plotted a building envelope that would be adequate if all three homes were included. He conjectured that at least two, and maybe all three, lots would be necessary.

Commissioner Peters commented that the Commission could not make a decision on this application without the three property owners on the application in attendance. He also suggested that the whole neighborhood should be involved in making a boundary that will fit in with their plans. Mr. Smith observed that these three property owners were involved in the general plan amendment and zone change for the offices on the opposite side of 600 North. They had been asked then if they wanted to change the zoning to commercial, and declined because they wanted the flexibility of changing their minds later. Commissioner Bryner agreed that the Commission did not want to inflict hardship on neighboring lots by changing the zone boundary.

Mr. Brian Dexter of 325 West 625 North commented that he would like to echo the remarks of Ms. Deher. He noted that although the property values of the homes already zoned commercial have risen, the neighboring properties are being devalued. He suggested that there are no property pressures to move the zone boundary east, just economic desires. Ms. Deher informed the Commission that Mr. Childs had sold his home and moved away. She suggested that Mr. Childs no longer has an economic interest in rezoning. Mr. Smith noted that three property owners initiated the application, not just one. Mr. Dexter asked if the City had received a commercial site application for these parcels. Mr. Smith replied no.

Commissioner Bryner asked Ms. Diane Loitz of 354 West 625 North for her comments. Ms. Loitz replied that she would like to see the commercial zone kept away from her home. She observed that the proximity of the commercial zone brings crime and traffic to neighborhoods. Mr. Dexter commented that the burden of proving the need of a zone change is borne by the petitioner. Commissioner Nixon noted that Mr. Childs had explained his reasoning previously to the Commission and they were aware that Mr. Childs home had been impacted by the proximity of the commercial offices across the street. He had experienced a difficult time selling his home and had a offer to buy if the property was zoned commercial. Mr. Dexter commented that additional owners would be impacted if the zone was changed.

Commissioner Nixon observed that the buffer between the commercial and residential zones, in this case, is either a road or a wall. He added that the petitioners do not seem to feel that the road is adequate. The Commissioners discussed how to design an adequate buffer. Chairman Sweeten expressed the opinion that a wall would provide the better buffer. He also commented that the property is more likely to develop as professional offices rather than as a more intense commercial use. Commissioner Nixon asked about traffic calming devices on 600 North. Mr. Smith replied that the City is conducting a traffic study in this area to determine the effects of the new Walmart. The Commissioners and residents discussed traffic calming measures.

Commissioner Peters observed that he would like to hear the opinions of the property owners in this area. Chairman Sweeten suggested a continuation and notice to the property owners to attend a meeting in the near future. Mr. Smith agreed.

COMMISSIONER PETERS MOVED TO CONTINUE THE REQUEST BY ROSS CHILDS TO AMEND THE GENERAL PLAN LAND USE MAP CHANGING THE PROPERTY AT 380, 384, AND 388 WEST FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL AND THE ZONING MAP FROM R1-20 TO GENERAL COMMERCIAL AND RECOMMEND THAT NOTICE OF THIS CONTINUANCE BE GIVEN TO ALL THE PROPERTY OWNERS ON 600 NORTH, 625 NORTH, 400 WEST AND 700 NORTH BETWEEN STATE STREET AND LOCUST AVENUE. HE ALSO SUGGESTED THAT THE NOTICE INCLUDE THE INFORMATION THAT A BORDERLINE CHANGE IS BEING CONSIDERED TO FOLLOW 400 WEST STREET. COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

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

Newspaper representative Harlow Clark asked if all four lots contained enough square footage for a large commercial development. Mr. Smith replied that the leasable space is limited because of the setback requirements between residential zones and commercial zones. Commissioner Peters suggested that some research into the feasible ways to buffer residential uses from commercial uses might be beneficial information for the Commission. Mr. Smith agreed.

6. JONATHAN BOYLE - 235 EAST 400 NORTH - NONCONFORMING LOT MODIFICATION
This is a request for a modification to two existing nonconforming lots.

Mr. Jonathan Boyle of 235 East 400 North introduced himself and his wife, Rosaleen. Mr. Smith displayed an aerial photo of the property showing the existing property lines and the proposed property lines. He pointed out that the existing lines go through the homes and do not follow fence lines. He informed the Commission that these two lots were created prior to the adoption of the current zoning ordinance in 1974 and are nonconforming. One home was built in the late ‘40's or ‘50's and the other in 1975. He also noted that one of the questions raised is whether improvements should be required, since this change in property lines will require recording a new plat.

The Commissioners discussed the nonconforming lots' size, width and setbacks. It was noted that the lots are nonconforming in width and setbacks, but are conforming in size. The Boyles explained that one home belongs to them and the other to Mrs. Boyles' mother. His mother is getting older and the family would like to have the property lines corrected before she is no longer there. Mr. Boyle pointed out that the house cannot be sold with the property lines through the house. A carport was pointed out and discussed. The various ways of correcting the property lines were examined. Bonding or building the improvements was also discussed and the Commission decided that they would take no official position, but let the Council make this decision.

COMMISSIONER NIXON MOVED TO APPROVE THE REQUEST BY JONATHAN BOYLE TO CHANGE AND AMEND THE LOT LINES FOR THE PROPERTY AT 235 EAST AND RECOMMEND APPROVAL TO THE CITY COUNCIL WITH THE FOLLOWING RECOMMENDATIONS:
1. THAT THE LOT LINE ALLOW FOR A TEN-FOOT SETBACK FROM THE CARPORT, AND
2. THAT THE APPLICANTS MAINTAIN THE MINIMUM SQUARE FOOTAGE REQUIREMENTS FOR LOTS IN THE R1-20 ZONE.
COMMISSIONER PETERS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

7. SERVPRO - 967 WEST 240 NORTH - SITE PLAN APPLICATION
This is a request for site plan approval for a new cleaning and restoration business on Lot 3 of Mountainview Industrial Park in the Light Industrial Zone.

Tom and Libbie Hamann were in attendance to answer questions on their proposal. Mr. Smith presented the aerial photo and site plan. He commented that the building will be constructed of block, and pointed out the parking area and future development area. Ms. Hamann presented photos of buildings that are similar architecturally to the building they plan to build. She pointed out that the building would be constructed of sculptured block with a band of six courses of smooth block for a sign area, and a hip roof. She informed the Commission that the building will be about 50 X 100. Commissioner Peters observed that the ordinance requires 35 percent of the side facing a street and 25 percent of all other sides to be treated with brick, stucco, or decorative block. He noted that the Hamann's plans appear to comply with the requirements. Ms. Hamann noted that they would probably add awnings to the front also.

Commissioner Bryner asked the Hamanns to describe their business. Ms. Hamann replied that they operate a cleaning and restoration business. The building will house about 1500 square feet of offices and a warehouse for storage and cleaning of furnishings. It will include an ozone room, washers and dryers, and similar cleaning equipment.

Commissioner Peters asked about future plans for the undeveloped area of the lot. Mr. Hamann replied that they will seek approval at a future date to build storage units on the west side of the lot. Commissioner Peters asked if they would have any outside storage. Ms. Hamann replied no. Commissioner Simister asked about future development on the south side. She was informed that an expansion of the warehouse is planned for a future date. Commissioner Simister suggested that weed control for the undeveloped areas is needed. Landscaping of the lot was discussed. The Hamanns were informed that trees on thirty-foot centers are required. Ms. Haman asked about a sign and water feature. She was referred to Mr. Smith for details.

COMMISSIONER BRYNER MOVED TO APPROVE THE REQUEST BY SERVPRO FOR SITE PLAN APPROVAL FOR A CLEANING AND RESTORATION BUSINESS AT 967 WEST 240 NORTH WITH THE FOLLOWING CONDITIONS:
1. THAT WEED CONTROL BE PRACTICED IN THE FUTURE DEVELOPMENT AREAS. IF A PROBLEM DEVELOPS IN THIS RESPECT, THE CONDITIONAL USE PERMIT MAY BE REVIEWED BY THE PLANNING COMMISSION.
2. AND, THAT THERE BE NO OUTSIDE STORAGE.
COMMISSIONER NIXON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

8. LINDON GATEWAY, PLAT "B" - 300 SOUTH 800 WEST - PRELIMINARY SUBDIVISION APPROVAL
This is a request for approval to amend Plat "A," Lots 10 and 11 of the Lindon Gateway Technology Park.

Mr. Smith informed the Commission that he had received a letter from the applicants, who are unable to attend this meeting. He explained that the applicants would like to adjust a property line between lots 10 and 11 of the Lindon Gateway Subdivision. The request would move the property line so that it continues and matches the property line of the lots to the east. He noted that Staff does not have any objection to the request and asked if the Commission had any issues. There were none.

COMMISSIONER NIXON MOVED TO APPROVE THE REQUEST BY JOHANNSEN & THACKERAY FOR APPROVAL TO AMEND LOTS 10 AND 11 OF LINDON GATEWAY SUBDIVISION, PLAT "A" AND CREATE LINDON GATEWAY, PLAT "B," A TWO LOT SUBDIVISION AT 300 SOUTH 800 WEST AND RECOMMEND APPROVAL TO THE CITY COUNCIL. COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

9. WASATCH U-CART - 232 NORTH GENEVA ROAD - UPDATE ON CONDITIONAL USE PERMIT REVIEW
The owner of Wasatch U-Cart will review with the Planning Commission his efforts to bring the property into compliance with the conditions of this conditional use permit and the Lindon City Code.

Mr. Eric Maynes, owner of Wasatch U-Cart, was in attendance. Mr. Smith displayed an aerial photo of the site. Mr. Maynes distributed new site plans. Mr. Smith explained that this business had received conditional use approval on February 27, 2002. Some of the issues still pending on this site are the use of a temporary trailer beyond the approved use period, and unfinished storm drain and landscaping improvements. Mr. Maynes had appeared before the Commission on August 13, 2003 and promised that all site improvements would be completed by November 2003, and that a building would be completed by February 2004.

Chairman Sweeten asked Mr. Maynes why the improvements were not completed as discussed in August. Mr. Maynes replied that the main reason was money. He explained that his business had experienced a temporary setback last year that limited his ability to complete the project. He commented that he had been able to install about 3,000 square feet of sod, the sprinkler system, and the piping of the storm drain ditch on the south side of his lot. He asked the Commission to review his proposal to change the shape of the detention area. He noted that this revised plan has been submitted to the City Engineer. He explained that the shape of the pond needs to be changed to fit within the storm drain easement.

Chairman Sweeten commented that Mr. Maynes had made some commitments that had not been fulfilled. He observed that, in addition, the site has become a storage site for piled equipment, which is not allowed. Commissioner Anderson asked if the trailer had been moved back to comply with the frontage requirements. Commissioner Peters asked if the fence had been moved also. Mr. Maynes asked if the frontage requirement the Commissioners were referring to was in the ordinances. He suggested that this requirement is not in the ordinances because he had looked at the fence ordinance. Mr. Smith replied that this requirement is not in the fence ordinance, but in the site requirements for the zone.

Commissioner Peters asked if Mr. Maynes had a time frame for completion of the site. Mr. Maynes replied that this year appeared to be better financially and he described his plans for a 55 X 120 building. Chairman Sweeten commented that an applicants financial ability does not preclude the requirements of the Conditional Use Permit. Commissioner Peters asked again for a time frame. Mr. Maynes asked for an extension on the trailer so that he could go to the bank for a loan to build the building. Chairman Sweeten replied that Mr. Maynes did not have a "good track record." Commissioner Anderson agreed that promises had not been kept in the past. Commissioner Nixon suggested that a solution for the Commission might be a bond for completion of the site. He observed that the Commission could set a time limit for either a bond to be placed or the site completed, or the Conditional Use Permit will be revoked.

Mr. Smith commented that some cities require on-site completion bonds, but that Lindon has not required this in the past. He noted that there is a basis for the requirement and that it would not be unreasonable to require a bond. He suggested that the City Engineer estimate a bond amount to complete the site. If the site is not completed, the bond can be forclosed on and the work completed by the City. He suggested that the Commission could set a time limit to post the bond and if this time limit is not met, the Conditional Use Permit can be revoked. Commissioner Nixon suggested setting a hearing date for the revocation of the Conditional Use Permit now. Commissioner Peters asked Mr. Maynes if he any problems with posting a bond. Mr. Maynes agreed that he would either post a bond or complete the site plan by the required date, however, he will still need an extension for the temporary trailer. Mr. Smith agreed that there are two issues, completion of the site plan and the removal of the temporary trailer.

Chairman Sweeten commented that there is precedence for a six month extension on a temporary trailer. Commissioner Nixon suggested that an extension could be given on proof of a building permit issuance. Chairman Sweeten asked if Mr. Maynes could have a building permit and be ready to build within 45 days. He also asked why Mr. Maynes needed a change in the detention pond. Mr. Maynes replied that he had expanded his business to include landscape products and needed room for display and storage. Chairman Sweeten noted that the displays are not well-maintained at present. The Commission discussed the changes proposed by Mr. Maynes.

Mr. Maynes agreed that he had not performed the way he had agreed. He also noted that he could understand that the Commission was reluctant to believe any of his promises now. He commented that he had, however, been a good business for the City. He added that he was in a better position financially to complete the site as promised now. He pointed out the improvements he had made to the storm drain ditch. Commissioner Simister asked if the detention pond would be landscaped with grass. Mr. Maynes replied that he was planning to line the pond with cobblestone gravel. Commissioner Peters asked about weed control. Mr. Maynes noted that a landscape fabric would be installed under the gravel to control weeds. He added that he would like to stay away from grass because of the drought and the lack of pressurized irrigation in this area of Lindon.

Commissioner Anderson commented that the outside storage proposed for landscape products will need to be sight-obscuring to meet the requirements of the City Code. The bins were discussed. Commissioner Nixon suggested that the bins be made of solid materials that face north away from street visibility. Chairman Sweeten asked Mr. Smith for his recommendation on procedure of approving a site plan that has not been reviewed by the engineer. Mr. Smith suggested approval of the detention pond location pending the engineer's review and approval. Commissioner Nixon observed that the location of the detention pond affects where the storage bins will be located. Mr. Maynes suggested that the bins could be relocated to the east side where the trailer is now. Mr. Smith commented that the bins must be split face block in this case. Mr. Maynes suggested concrete with a rock finish. Chairman Sweeten asked about moving the fence at this location.

Commissioner Nixon commented that Geneva Road is one of Lindon's significant corridors and that the Planning Commission would like to see and approve the architectural and site plan details. Mr. Maynes observed that the Planning Commission does not want customers to see the products that he offers for sale, but he would like these products visible. He asked if the fence looks nice and the piles are well arranged if he could keep the bins walls low and somewhat open. Commissioner Anderson asked how he planned to keep the piles from pushing through the fence. Mr. Maynes replied that he plans to keep the bins full enough that he will not push through the bulk of the materials.

Chairman Sweeten suggested that the Commission schedule a hearing to revoke the Conditional Use Permit in six weeks–on June 23, 2004. He commented that Mr. Maynes needs to have the improvements completed or bonding by this date. Mr. Maynes agreed that this seems fair. Commissioner Anderson asked if this includes the detention pond. Commissioner Peters asked if Mr. Maynes could have the detention pond done within this period of time also. Mr. Maynes agreed that the pond would also be completed. Commissioner Nixon asked if the Planning Commission wanted to review the detention pond after the engineer's approval and before construction. Mr. Smith suggested that the Planning Commission can review the building plans and the bin construction at the scheduled hearing, but that they could approve the location of the pond with the condition that it meets the engineer's approval. Commissioner Simister asked why Commissioner Nixon wanted to see the final design of the pond. Commissioner Nixon replied that he would like to see a completed site plan and not approve it "piecemeal." Chairman Sweeten responded that the site plan needs to be completed as previously approved. The Commission discussed putting in the original plan and then redoing the site when the newly designed detention pond is approved by the City Engineer. It was decided that the work only needs to be done once.

CHAIRMAN SWEETEN MOVED TO RESCHEDULE A CONDITIONAL USE PERMIT REVIEW ISSUED TO WASATCH U-CART AT 232 NORTH GENEVA ROAD FOR JUNE 23, 2004 AT WHICH TIME ALL ITEMS ON THE AMENDED SITE PLAN, INCLUDING PENDING APPROVAL OF THE CITY ENGINEER ON THE REVISED DETENTION POND AND MOVING OF THE TRAILER FROM THE LANDSCAPING STRIP IF NEEDED, BE COMPLETED OR THE CONDITIONAL USE PERMIT WILL BE REVOKED. AN EXTENSION OF THE TEMPORARY TRAILER PERMIT WILL BE GRANTED FOR SIX MONTHS FROM TODAY, AT THE END OF WHICH TIME THE TRAILER MUST BE REMOVED EVEN IF THE PERMANENT BUILDING IS NOT FINISHED. FURTHER, THE DETENTION LANDSCAPING MUST BE APPROVED BY STAFF. COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR, EXCEPT COMMISSIONER NIXON WHO VOTED NAY. THE MOTION CARRIED.

10. ZONING ORDINANCE AMENDMENT - STANDARD LAND USE TABLE
The applicant is requesting that Lindon City allow SLU #5512 - Used Vehicle Sales as a conditional use in the General Commercial Zone. Currently, SLU #5512 is not permitted in the CG zone.

Mr. Smith informed the Commission that this application had been rescinded by the applicant. No other action is necessary.

11. PLANNING DIRECTOR REPORT

1. New proposed Ultimate Fighting Ordinance

Mr. Smith presented this proposal for a new ordinance regulating "Ultimate Fighting." He explained the circumstances that prompted this action on the part of the City and observed that Lindon does not have a venue that is appropriate for this type of activity. The proposed ordinance was discussed.

Mr. Smith presented a grading plan proposal for Canberra Heights, Lot 41. He explained that the proposed home is a 34-foot tall rambler with a walk-out basement. There is little grading proposed. The Commission examined the grading plan.

THE PLANNING COMMISSION REACHED CONSENSUS TO APPROVE THE REQUEST BY MARK HESS FOR GRADING PLAN APPROVAL FOR CANBERRA HEIGHTS, PLAT "B," LOT 41, AS PRESENTED.

ADJOURN

COMMISSIONER BRYNER MOVED TO ADJOURN THE MEETING AT 9:53 P.M. COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - May 26, 2004

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