The Lindon City Planning Commission held a regularly scheduled meeting at 7:00 p.m. on Wednesday, October 13, 2004 in Lindon City Center, Council Chambers, at 100 North State Street, Lindon, Utah.

Conducting: Dustin Sweeten, Chairman
Invocation: Marilyn Simister
Pledge of Allegiance: Dustin Sweeten

PRESENT

Dustin Sweeten, Chairman
Ron Anderson, Commissioner
Julie Bryner, Commissioner
Gary Godfrey, Commissioner
Evan Nixon, Commissioner - arrived 7:09 pm
Jim Peters, Commissioner
Marilyn Simister, Commissioner
Lindsey Bayless, Councilmember
Kevin Smith, Planning Director
Lile Lavaki, Community Development Clerk

ABSENT

The meeting began at 7:05 p.m.

1. APPROVAL OF MINUTES The Minutes of the regularly scheduled meeting of September 8, 2004 and September 22, 2004 were reviewed. The following corrections were made:

September 8, 2004:
Page 2, Line 38,39: Replace the words "for emergency" with the words "to provide direct," and add the phrase "from a collector road" after the word "access.">br>Page 2, Line 39,40: Replace the phrase "emergency crews will have to" with the words "the only." Add the word "to" after the word "access." Also add the word "is" after the word "site."
Page 2, Line 41: Add the phrase "and the gate is open on Sunday" after the word "neighbor."
Page 2, Line 42: Replace the word "between" with the words "next to."
Page 5, Line 32,33: Replace the words "for a deep lot" with the words "by code standard."

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

Page 6, Line 35: Add the word "about" after the word "asked."
Page 7, Line 39: Replace condition #2 with "A LANDSCAPING AREA SHALL CONSIST OF 14 FEET OF SOD AND SIX FEET OF COBBLEROCK PRIMARILY TO BE LOCATED IN THE STORM WATER DITCH ON 2000 WEST."

September 22, 2004:
Page 7, Line 37: Delete the phrase "WAIVE THE REQUIREMENT FOR ADDITIONAL" and add the phrase "ALLOW A RECONFIGURATION OF THE."

COMMISSIONER NIXON MOVED TO APPROVE THE MINUTES OF SEPTEMBER 8, 2004 AND SEPTEMBER 22, 2004 AS CORRECTED. COMMISSIONER GODFREY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

2. PUBLIC COMMENT

There was no public comment.

3. NEW BUSINESS (Reports by Commissioners)

Commissioner Peters reported that Low Book Sales is near completion with its site work. He inquired if the owner intends to come back to the City and request approval for a temporary office trailer. Mr. Smith explained that the owner and contractor were wanting to lay asphalt before the asphalt plants are closed for the winter season, additionally there are EPA requirements that must be met. Mr. Smith assured the Planning Commission that the applicant does not want to put a temporary office trailer on this site. He noted that Utah Auto Sales is also trying to complete site work prior to the closure of the asphalt plants. Commissioner Peters also reported that he can clearly hear Alpine School District Bus garage's loud speakers at 6:30 a.m. Mr. Smith noted he would discuss this matter with Alpine School District.

Commissioner Simister reported that a neighbor is wanting to know what is pending with the duck pond on 900 East 200 South. Councilmember Bayless commented that the City Council has discussed the duck pond, however, there has not been any discussion about removing it. Commissioner Bryner asked if the Salt Lake aqueduct could be marked clearly so contractors could see where not to dig or place heavy equipment. She reported that she had to go out and tell a subcontractor to remove a trackhoe off the aqueduct. Mr. Smith will discuss this issue with Mr. Phil Brown, Chief Building Official. Mr. Smith explained that such information is on the general contractor=s plans, however, the information is not always communicated to the subcontractors. Commissioner Nixon inquired about progress on the proposed transfer of the Salt Lake Aqueduct ownership. Both Councilmember Bayless and Mr. Smith have not heard anything about a transfer of ownership of the aqueduct. It was mentioned that Geneva Rock had been hired to construct the trail along McKinley Drive which will run parallel to the Salt Lake Aqueduct.

4. Shauna Shelton Preschool - 912 East 155 South - Home Occupation Permit. This is a request for approval of a preschool home based business for ten children. Chairman Sweeten invited Ms. Shauna Shelton to the front. Mr. Smith presented this item and displayed an aerial photo of the site.

Mr. Smith explained that the applicant uses the basement of her home for a preschool on Tuesdays, Wednesdays, and Thursdays from 9:45 a.m. to 12 p.m. Ms. Shelton currently has eight children but will not take more than ten. Mr. Smith explained that normally he approves this type of use, however, with this item, where there are more than the normal number of children, he wanted the Planning Commission's opinion. He also noted that staff does not have any problem with this request. Ms. Shelton explained the makeup of her class. One of the students is her daughter, another is a neighbor a couple of doors east from her home who will walk most of the time, and a couple of the children will carpool, which limits the number of cars at one time to about five or six. Mr. Smith commented that this home is located on a corner lot which allows parents to park on two streets. Commissioner Bryner asked if this will be a continual business. Ms. Shelton noted her daughter is four years old, and she may not continue after her child starts school next year. Mr. Smith explained that the business license is renewed annually. Commissioner Nixon observed that the drop-off and pick-up times are not peak traffic times, and therefore, he does not see any problem with Ms. Shelton's request.

COMMISSIONER GODFREY MOVED TO APPROVE THE REQUEST BY SHAUNA SHELTON FOR A HOME OCCUPATION BUSINESS PERMIT FOR A TEN (10) CHILD PRESCHOOL, LOCATED AT 912 EAST 155 SOUTH WITHOUT CONDITIONS.

Commissioner Nixon suggested adding one condition, "if starting and ending times change, the applicant must reappear before the Planning Commission for re-approval." Commissioner Peters recommended adding a second condition, "at no time can there be more than six cars at one time at the site." Commissioner Godfrey felt that neither of these conditions are needed and explained that his wife ran a childcare program and these were not relevant concerns.

COMMISSIONER ANDERSON SECONDED THE ORIGINAL MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

5. Lindon West - 100 North 1800 West - Site Plan. This is a request for approval of an office/warehouse building in Ostler Industrial Park in the Light Industrial Zone.

Mr. Jerry Carroll, representative of SBNT Inc., and Bob Kunz of Kunz Engineering were present. Mr. Smith displayed an aerial photo of the site and presented this item. The applicant is proposing to construct a concrete tilt-up office/warehouse building complex consisting of ten units, located on the north end of a 5.31 acre parcel. The applicant has future plans for a second phase on the south side of the property and will dedicate Lot 4 to the City for maintenance of the Proctor Ditch. Mr. Carroll distributed a handout showing elevations of the building. Mr. Smith noted that Mike Ahlin, the developer, will complete the construction of 1800 West Street. Commissioner Nixon inquired if sidewalks are required. Mr. Smith explained that the applicant does not need to construct sidewalks, however, he is required to have 20-feet of landscaping. Commissioner Nixon asked about the storm drain. Mr. Kunz explained he choose to split it instead of combining the pipes. Commissioner Nixon suggested having the City Engineer review this item. He also recommended sending storm water one direction and other waste water another direction.

Commissioner Godfrey inquired about parking and whether it meets the code requirements. Mr. Smith commented that parking is sufficient for the current site plan, but it may need to be altered at a future date to accommodate the second phase of the development. Commissioner Nixon asked about access to the east side of the parcel. Mr. Kunz noted that the developer will dedicate this lot to the City for maintenance of the ditch. Commissioner Peters asked for clarification of the parking. Mr. Smith observed that according to what has been submitted and the stated use, the number of parking stalls shown on the site plan are sufficient. Commissioner Godfrey inquired about the color and type of architectural treatment of the tilt-up building. Mr. Carroll replied it would be similar to the Hemingway Development buildings located in the Lindon Business Park.

Commissioner Anderson inquired if the applicant intents to sell each unit individually. Mr. Carroll noted that the building will be built with fire-walls so that it can eventually be sold as condominiums. Commissioner Bryner asked if the mechanicals on the roof would be visible from I-15. Mr. Carroll replied, "no." Commissioner Nixon inquired if a plat is required. Mr. Smith noted that a condominium plat is required. Commissioner Bryner inquired if the area above the door is intended for signage. Mr. Carroll said, "yes, but in a different color."

There was a discussion about the location of the dumpster. It was determined that it would be placed on the far east side of the parking lot, which may require the removal of one parking stall. Commissioner Peters observed that BFI trucks may not be able to turn around in the parking lot. He inquired about the size of the parking stalls. Mr. Kunz reported that each stall is 10'x20'. Commissioner Peters asked Mr. Smith if staff could handle the issue of BFI truck access if a problem arises. Mr. Smith observed that if there is a problem, it would be between the owner and BFI. Commissioner Godfrey asked if the applicant owned the neighboring property. The reply was, "no." There was more discussion about the parking area. Commissioner Godfrey observed that there are a lot of attractive tilt-up buildings in the area, however, he would like to recommend reviewing the architectural treatment.

COMMISSIONER PETERS MOVED TO APPROVE THE REQUEST BY JERRY CARROLL FOR LINDON WEST, AN OFFICE/WAREHOUSE PROJECT IN OSTLER INDUSTRIAL PARK, LOCATED AT 100 NORTH 1800 WEST WITH THE FOLLOWING CONDITIONS:
1. THE PLANNING COMMISSION APPROVES TWO-THIRDS OF THE PARKING STALLS WITH PHASE I.
2. THAT THE INTEGRITY OF THE DRAINAGE SYSTEM IS PRESERVED.
COMMISSIONER ANDERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

6. Westlind Industrial Condominiums - 1418 West 70 South - Preliminary Subdivision. This is a request for approval to convert the existing building into industrial condominiums.

Mr. David Handy, representative of Westlind Properties, Ms. Colette Brooks, President of Westlind Properties, and Mr. Greg Brooks introduced themselves to the Commission. Mr. Smith informed the Commission that this is an existing building with three units, occupied by three tenants who wish to purchase their individual units. Each unit will be maintained by the individual owner. Mr. Smith observed that he will need to verify with the building department if the structure was constructed to allow each unit to be sold individually under the Uniform Building Code (UBC) or the International Building Code (IBC). Mr. Handy observed that the intent was to construct the building so each unit could be sold separate. Commissioner Godfrey inquired about parking. Mr. Smith noted that this site has adequate parking.

COMMISSIONER NIXON MOVED TO APPROVE THE REQUEST BY DAVID HANDY FOR APPROVAL OF WESTLIND INDUSTRIAL CONDOMINIUMS, PLAT "A," A THREE UNIT INDUSTRIAL CONDOMINIUM PROJECT LOCATED AT 1418 WEST 70 SOUTH, AND RECOMMEND APPROVAL TO THE CITY COUNCIL WITHOUT CONDITIONS. COMMISSIONER BRYNER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Commissioner Peters inquired about the progress of moving the composting operation of Tucker Lawn Care. Mr. Smith reported that Mr. John Tucker is moving his compost operation next to the landfill.

7. Dirker Farms Plat "C" - 70 South 200 East - Subdivision Plat Amendment. This is a request to reconfigure some of the lots and remove property previously included in Dirker Farms Plat "A."

Chairman Sweeten invited Mr. Rick Murano to the front. Mr. Smith reported that Dirker Farms Plat "A" was approved and recorded, however, there are some ownership issues and the parties could not come to an agreement. Therefore, an amendment is necessary to remove the contested property. Mr. Smith informed the Commission that the Lindon City Street Master Plan shows 300 East extending to Center Street on the far east side of this plat. Mr. Smith displayed an overhead of the recorded plat and noted that the parcel to the north east of the plat was left out due to the 300 East road extension. With the completion of 70 South street, it appears that the need to extend 300 East is no longer needed. The neighbors are split on whether or not 300 East should go through. Mr. Murano explained that there was a petition by the neighbors against "punching through" 300 East with the exception of the one property owner who wants the road as access to the rear portion of his property. Mr. Smith commented he was surprised the room is not filled with neighbors concerned with this item.

Commissioner Nixon inquired if lot lines could be moved to provide access to the rear property. Chairman Sweeten questioned why Mr. Murano is required to provide access to someone else's property. Mr. Murano reported that he had a "written agreement once but it did not work." Mr. Smith observed that there are certain areas in town where the City put in circulation roads on the Master Plan. Commissioner Anderson noted that this did not began with the applicant, it has been going on for years. Mr. Smith agreed and added, "since 1980." Commissioner Nixon recommended making Lot 15 bigger and leaving an easement for a future road if needed. He also noted that this option would be good for everyone but Mr. Murano. Mr. Smith informed the Commission that the lots along Center Street are smaller than the .46 acre. This was done with the understanding that 300 East road would someday go through to Center Street. Now the property owners do not want the 300 East to go through. Commissioner Anderson suggested Mr. Murano sell a 25-foot lane and turn the back lot to a flag lot. Mr. Murano reported that all the improvements are stubbed in. Commissioner Bryner asked for clarification of flag lot measurements. Mr. Smith reviewed the deep lot ordinance.

Commissioner Bryner wondered, "if we cut off" the rear property owner, will he come back and accuse the City of creating a hardship. Commissioner Anderson asked if the City has seen any signed documents. Mr. Smith replied, "no."

COMMISSIONER PETERS MOVED TO APPROVE THE REQUEST BY RICK MURANO FOR A SUBDIVISION PLAT AMENDMENT FOR DIRKER FARMS PLAT "A" AND CREATE DIRKER FARMS PLAT "C", LOCATED AT 70 SOUTH 200 EAST WITH THE FOLLOWING CONDITIONS:
1. THE CITY COUNCIL SHOULD RESOLVE WHETHER OR NOT 300 EAST SHOULD EXTEND THROUGH TO THE NORTH FROM 70 SOUTH AND CONNECT WITH CENTER STREET.
COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR, EXCEPT COMMISSIONER NIXON WHO VOTED NAY. THE MOTION CARRIED.

8. Architectural Design Standards Discussion - The Planning Commission will discuss architectural design standards for State Street and the future 700 North street.

Mr. Smith noted that the presenter for this item is not present and requested moving to Item 9. The Commission agreed.

9. Zoning Ordinance Amendment - 17.44.090 - Projections into side yards The Planning Commission will review a proposed zoning ordinance amendment which would allow flexibility on the measurement of the rear yard setback for homes in the R1-12 Zone.

Mr. Smith recapped Mr. Brent Adair's sun porch request. He explained that the City Council requested the Commission to explore possible options. Mr. Smith displayed an aerial photo of Mr. Adair's property. There was discussion on the history of the property. He also directed the Commissions' attention to Section 17.44.090(c), which contains the proposed amendment to the ordinance. Commissioner Anderson inquired why the ordinance is limited to the R1-12 zone. Mr. Smith observed that lots in the R1-20 zone have sufficient area to prevent encroachment of the rear setback. Commissioner Godfrey expressed concerns with allowing flexibility that will extend the living area, however, he is "okay" with the sun porch. Mr. Smith suggested including a disclaimer. Chairman Sweeten commented that he "feels uncomfortable" with changing the ordinance. Commissioner Nixon suggested expanding the ordinance change to include the westside master plan. Commissioner Godfrey observed that the ramifications of changing the ordinance "scares" him. Mr. Smith reviewed the Board of Adjustment guidelines with the Commission.

Commissioner Peters noted that in this particular case, the neighbors are in favor of Mr. Adair's request. There was additional discussion about the ordinance and the definition of a porch. Mr. Smith reported that many of the people in the R1-12 zone do not know they are not supposed to encroached into the rear setback

COMMISSIONER NIXON MOVED TO DENY THE REQUEST TO AMEND SECTION 17.44.090 ADDING A PROVISION FOR FLEXIBILITY ON THE MEASUREMENT OF THE REAR YARD SETBACK FOR HOMES IN THE R1-12 ZONE AND RECOMMENDED DENIAL TO THE CITY COUNCIL. COMMISSIONER SIMISTER SECONDED THE MOTION. THE COMMISSION VOTED 4-3 IN FAVOR:
CHAIRMAN SWEETEN - AYE
COMMISSIONER ANDERSON - NAY
COMMISSIONER BRYNER - NAY
COMMISSIONER GODFREY - AYE
COMMISSIONER NIXON - AYE
COMMISSIONER PETERS - NAY
COMMISSIONER SIMISTER - AYE
THE MOTION CARRIED.

8. Architectural Design Standards Discussion

Mr. Smith observed that the presenter for Item 8 is now present. He explained that he met Mr. Soren Simonsen at the APA Chapter Conference and was very impressed with his presentation and requested that he come and present to the Commission. Chairman Sweeten invited the presenter to the front. Mr. Soren Simonsen of Cooper, Roberts and Simonsen Architects introduced himself. He explained that his firm has been around for 30 years and has worked for Alpine, Bingham, Highland, Sandy, and Salt Lake City. The firm has also done work for West Valley City Center, and Envision Utah. He noted they work mostly with preserving historic districts.

Mr. Simonsen asked to view the pictures of what the Planning Commission and City Council are looking forward to achieving for State Street and 700 North. Ms. Linda Nelson and Ms. Nancy Zundel showed pictures they had taken from surrounding communities. Mr. Smith displayed and reviewed pictures of varied buildings and architectural features the Commission had submitted for consideration. Many of the common elements and features the group favored are the heavy gables, combinations of stones, wood, and brick, large overhangs and eaves, and rustic finishes. The combination of the half dome or arched windows above a bank of rectangular windows were considered very attractive and orderly. Commissioner Godfrey like the divided upper windows with transom lighting.

Chairman Sweeten and Commissioner Anderson expressed favor of the pitched roof look. Other elements that were considered very pleasing included tapered stone columns, cupolas, earth-tone colors, metal roofs, wainscoting, porches, big town clocks, bridge approaches, and signage that is consistent with the building. Commissioner Godfrey observed that signage will need to be reviewed together with architectural plans, therefore, the sign ordinance may need to be amended. Chairman Sweeten expressed favor of timber buildings. Other Commissioners are in favor of having some timber buildings on State Street and 700 North. Both Commissioner Bryner and Chairman Sweeten felt that older buildings should be retrofitted to comply with a definite theme. Commissioner Bryner expressed favor of having flower pots lining the streets and metal sculptures representing historical vignettes.

Mr. Simonsen explained that communities need to take responsibility for their growth and plan structures that are attractive and enduring for the generations to come. He commented that using streetscapes as a unifying element and planting trees for future generations are design elements not often considered, but essential to creating a coherent design. He suggested using pillars and arch trusses to give a bridge-like feeling and having a "town square" as a focal point. Commissioner Peters inquired about wide sidewalks and if weather would be a concern in the winter months. Mr. Simonsen reported that a substantial amount of time was spent studying this issue in Provo, Sandy, and Ogden. The study shows wide sidewalks have done well due to the shorter life span for indoor shopping verses outdoor shopping. He cited Riverwoods, Gateway, and Park City as successful projects that have incorporated the wide sidewalk element. Commissioner Bryner expressed appreciation to Mr. Simonsen for taking the time to come and present.

10. Planning Director Report

1. The new owner of the Maxfield Mercantile Feed Store is wanting to add-on to the existing building and repaint the structure. The Commission reached consensus to approve the proposed expansion and remodel of this building.

2. The Certified Citizen Planner seminar is coming up in Salt Lake. Those interested in attending need to let Kevin know soon.

ADJOURN

THE PLANNING COMMISSION REACHED CONSENSUS TO ADJOURN AT 10:45 P.M.

APPROVED - November 10, 2004