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Home » City Government » Planning Commission » Planning Commission Schedule 2003 (Agendas & Minutes) » Planning Commission Minutes 2003 » February 26, 2003 Minutes
February 26, 2003 Minutes
The Lindon City Planning Commission held a regularly scheduled meeting on Wednesday, February 26, 2003 at 7:00 p.m. in the Lindon City Council Chambers at 100 North State Street, Lindon, Utah.
Conducting: Bruce Carpenter, Chairman
Prayer: Bruce Carpenter
PRESENT
Bruce Carpenter, Chairman
Ron Anderson, Commissioner
Lori Atchison, Commissioner
Lucky Morse, Commissioner
Jim Peters, Commissioner
Marilyn Simister, Commissioner
Dustin Sweeten, Commissioner
Lindsey Bayless, Councilmember
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
Robert Hammond, Planning Intern
Dustin Huler, Planning Intern
ABSENT
Evan Nixon, Alternate Commissioner
The Meeting began at 7:03 p.m.
1. MINUTES
Review of the Minutes of February 12, 2003.
The Minutes of the regularly scheduled meeting of February 12, 2002 were reviewed. The following corrections were made:
Page 3, Line 7: Replace the name "Lindon" with the name "Linden."
Page 5, Line 28: Replace the word "had" with the word "could."
Page 7, Line 43: Replace the name "Les" with the name "Wes."
Page 8, Line 37,38: Add the word "pitch" after the word "the." Add the phrase "to a 6/12 or 7/12 and add steep dormers to get the same effect" to the end of the sentence.
Page 9, Line 12-15: Add the sentence "Commissioner Peters commented that the example home in Bountiful is brick, but this one is stucco so it appears more stark."
COMMISSIONER SWEETEN MOVED TO APPROVE THE MINUTES OF FEBRUARY 12, 2002 AS CORRECTED. COMMISSIONER PETERS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
2. PUBLIC COMMENT
Chairman Carpenter recognized two Planning Commissioners for awards given recently by the Chamber of Commerce. Commissioner Simister was named as the Chamber Woman of the Year and Commissioner Sweeten was awarded Man of the Year. He congratulated the Commissioners and noted that the Planning Commission appreciated their efforts and involvement also.
Chairman Carpenter asked that those people in the audience that were here to discuss the proposed Horseshoe Ridge project defer their comments until after item six. He explained that comment on this project is expected to require more time than is usually allotted to items in the public comment section of a meeting. He added that public comment would be reopened after the Commission had heard those who were listed on the agenda.
He asked if there was other comment from the public. There was none.
3. NEW BUSINESS (Reports by Commissioners)
Commissioner Sweeten reported that the parking situation at Utah Auto Sales did not seem to have improved. He observed that the new section was full of cars and the streets were still being used as a parking lot. Mr. Smith pointed out that as long as cars were not left on State Street overnight, no laws were being broken. He added that he would watch the business closely. Commissioner Peters suggested that the number of cars on the lot should be counted to verify compliance. Chairman Carpenter agreed and observed that this is the best time to encourage compliance.
Chairman Carpenter asked if there were any other items to report. There were none.
4. HOUSING AUTHORITY OF UTAH COUNTY - 365 EAST 400 NORTH - SITE PLAN APPROVAL REQUEST FOR GROUP HOME
This is a request for Planning Commission approval for a group home for physically handicapped adults.
Mr. Smith introduced this site plan application for a group home in Hollow Park. He informed the Commissioners that, under section 17.70 of the Lindon City Code and federal mandate, group homes for the disabled and elderly are permitted uses in a residential zone. He displayed an aerial photo of the location and noted that this location is city property. He informed the Commission that the Council has been working with the Housing Authority for some time to put in this facility and has now signed a lease.
Commissioner Peters asked if the home would be on a half-acre lot and how access to park would be maintained. Commissioner Anderson asked the width of the drive access to the park. Mr. Smith displayed the site plan and replied that the park drive is 24 feet wide, which is the typical width. Commissioner Peters asked how the applicant proposed to stop parking in front of home along the drive. Mr. Smith replied that this would be covered. He showed the elevations and floor plan of the home.
Mr. Gene Carly of the Housing Authority introduced his companions, Mr. Gil Rand, the architect of the project, and Mr. Dan Taylor of the Division of Services to Developmentally Disabled and Mentally Retarded. Mr. Carly commented that he had been working with the City for about a year and a half. This home would house three women with severe disabilities who are wheelchair bound and work in the workshop shelter. At present these potential residents are either living with aging care givers, in institutions or nursing homes. This home would give them the opportunity to live independently. These three non-related female individuals need to have attendant care. The care giver will not live there, but the care will be done on a rotating shift basis. He informed the Commission that the project is intended to be developed and used for this purpose in perpetuity. The lease is for 99 years and has been signed and approved by both City and Housing Authority officials.
Mr. Rand addressed the design of the home. He commented that this is a unique building in that there are a lot of considerations for handicap access. He pointed out wide doors with automatic openers, carpet up the walls to protect them from wheelchair bumps, a hoist in the bathtub, a roll-in shower in the other bathroom and sidewalk access completely around the house. He informed the Commissioners that a similar home had been built in Orem and the experiences there have contributed to the improvement of the design. He added that he was glad to be a part of this project. He observed that the landscaping plan for this project included a berm between the house and 400 North Street, and an abundance of trees, shrubs and flowers to tie the project into the park.
Chairman Carpenter raised a concern of restricted visibility because of the berm. Mr. Rand replied that the berm is tapered so there is less height in the front of the home and more in the back of the home to shield it from activities in the park. Commissioner Peters followed up with his concern about parking on the driveway. He pointed out that the home only had a carport which would house the residents' van and the care giver would require one space. He expressed concern that the driveway into the park would be restricted by parking in front of the home.
Commissioner Anderson agreed. He pointed out that this is the entrance to a public park. He commented that, with rotating shifts, there will be times that the care givers will use more spaces during shift changes and staff meetings. There are therapists, state officials and other visitors that will need parking. He expressed concern that the three spaces shown would not be adequate. Mr. Taylor replied that staff meetings would generally be held at the provider's office. He acknowledged that the State would visit from time to time and therapists would visit on occasion, however, the residents are mostly taken to appointments at the offices. Commissioner Anderson did not feel three spaces were sufficient and parking would be a problem, especially when ball games were held in the park.
Commissioner Morse asked if there was a reason for only allowing three parking stalls. Mr. Rand replied that the experience in Orem was the reason for allowing only three. Commissioner Peters asked if this home on in Orem was also located on an entrance to a park. Mr. Rand explained that the situations were similar.
Commissioner Peters asked if the home could be sold to a private individual or firm at some point in the future. Mr. Carly replied that a sale of the home has been prohibited by the agreement between the City and the Housing Authority. Chairman Carpenter commented that the intended use for now is appropriate, but wondered if the use of the home could be changed in the future. Mr. Carly replied no and read the appropriate language from the contract.
Commissioner Morse asked why more parking could not be added. Mr. Rand replied that if the City was willing to add more space to the lot, it could be done. Mr. Smith commented that staff did not feel that more parking was needed. He suggested that the curb in front of the residence could be painted red. He also suggested that if more parking is really needed in the future, it can be added then. Chairman Carpenter observed that he has more concern about parking when the park parking lot is full. Mr. Carly commented that the standpoint of the Housing Authority is that if there are too many parking spaces, the public will be encouraged to park in those reserved for the home. He added that signs will help to some extent. Commissioner Sweeten observed that parking would be discouraged by the appearance of the home as a private residence. He noted that more parking can be added later if it becomes necessary. Mr. Rand commented that the parking is adequate in Orem. Mr. Smith observed that the City does not see a parking problem either, and if a problem exists in the future the Planning Commission can revisit the site plan.
Commissioner Peters suggested that the problem may be minimized with red paint on the entrance access, a sidewalk from the park to 400 North and no parking signs. Mr. Smith noted that sidewalk was planned along the driveway access already. He observed that this proposal serves a need of the community. He informed the Commissioners that a neighborhood meeting had been held to discuss this proposal. He noted that the pathway and trail system is also part of the street scape on 400 North.
Chairman Carpenter pointed out that there were no sidewalks on 400 North and asked if the residents would want wheelchair access to the neighborhood. Mr. Taylor replied that the residents prefer access to the community and sidewalks are a "big plus," however, these residents are disabled to the extent that they need constant care and will not be out on their own. He added that the van is for their exclusive use.
Commissioner Morse asked if there would be a fence between the home and the park. Mr. Rand replied no and added that there is just berming to define the boundary.
COMMISSIONER PETERS MOVED TO OPEN THE PUBLIC HEARING. COMMISSIONER SWEETEN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mr. Dean Adams of 367 East 400 North told the Commissioners that the neighborhood meeting had been held two years ago and it was his impression at the time that the neighborhood consensus was not to have the home. He commented that the property, when bought by the City, was intended to be a park. He asked how often a city provides property for these types of homes. He added that the City is looking for more tax money to purchase open space and this seems to be a contradiction. He commented that he is not objecting to these people, just to putting this home in this place when parks are so needed. He objected to the City being in the business of providing homes for the handicapped and asked how long the residents of Lindon need wait for the development of the park. He asked if the residents of the home were paying rent to the City. Chairman Carpenter asked Mr. Adams if his main concern is the loss of the park space. Mr. Adams replied no, that this location is not big enough to house the home and the needed parking.
Mr. Smith commented that the home would be built and maintained by public agency funding and the City was not responsible for this. Mr. Carly added that Orem City had given the property for the home there. He noted that there is no rent. Commissioner Anderson told Mr. Adams that his concern is with the City Council not the Commissioners. Chairman Carpenter explained that Mr. Adam's concerns are not a question that the Planning Commission can address. The Planning Commission cannot stop a contract that has been entered into on behalf of the City. They cannot restrict doing it, only the way it is done, i.e., the site plan. Mr. Adams expressed concern that there is not enough space for the home and the parking needs. Mr. Smith observed that this is a half-acre lot and meets the subdivision ordinance requirements.
Chairman Carpenter asked why this site was not considered viable park land. Mr. Smith replied that it had been the decision of the park committee and the Council to concentrate park amenities in the back. This area would not have been anything but sod or parking lot. Mr. Adams pointed out that now the parking lot would be taken out of the main park. He added that he thought the idea had been "killed" at the neighborhood meeting.
Mr. Rulon Madsen of 311 East 400 North disagreed with Mr. Adams interpretation of the neighborhood meeting. He felt that the talk and concerns of the neighbors were that the home may be better inside the property. It may help protect the park from vandalism because the park is located downhill and away from other homes. He added that he had served on the committee to plan the development of the park and was aware of the home in that location. He did not feel there was a problem. He informed the Commissioners that this would not be a little league park, but an open, grassed field for family and neighborhood play, a playground, picnic pavilions and a trail. He explained that there would be no major traffic in the park. He expressed the opinion that the home would be an asset for the park.
Mr. Madsen asked for particulars about the trail. Mr. Smith explained that this was a natural location for a trail. He noted that the trail would be a dual surface suitable for horses, joggers, bikers and walkers. He showed the Commissioners and audience the proposed location of the trail on 400 North and into the park.
A resident who explained that she lived on the opposite side of the street from the park asked about a crossing for children. Mr. Smith replied that these safety issues would be addressed with the development of the park and that more meetings would be held on this issue in the future.
Chairman Carpenter asked if there were any further comments or questions. Mr. Madsen asked if any of the residents chosen for the home would be known to the neighborhood (there is a disabled person living in the area with her parents now.) Mr. Taylor replied that specific persons had not been chosen, but there were eight candidates. Mr. Madsen asked if the women were mentally handicapped. Mr. Taylor explained about that the group targeted for this location are physically handicapped. Mr. Madsen asked if there was any possibility that the home may be changed to a juvenile home in the future. He was assured that this was not a possibility. Chairman Carpenter commented on the reputation of the Housing Authority. He added that the Housing Authority is aware of the possible burden on the neighbors that such a home could pose. Mr. Carly assured the Commission that there had been no problems in Orem with neighborhood complaints.
COMMISSIONER PETERS MOVED TO CLOSE THE PUBLIC HEARING. COMMISSIONER MORSE SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Chairman Carpenter asked if there were any further questions. Commissioner Peters asked if there was a chance of adding a first right of refusal for the City to the lease. Mr. Carly explained that the lease allows either the City or the Housing Authority to opt out of the lease after twenty years. If this happens, ownership reverts to the City. However, because Federal funding is to be used to construct the home, any income the City derives from the sale, lease or rent of the home is to be used for affordable housing somewhere else in Lindon. Commissioner Peters suggested that this issue be addressed to the City Attorney. Commissioner Simister asked if there would be a time that four people would be in the home rather than three. Mr. Carly replied that the agreement limits the residents to three, not four. He added that four require more care. Mr. Taylor commented that limiting the residents to three gives more effective experiences to the residents. They have a better environment, less roommates, and a better quality of life.
COMMISSIONER PETERS MOVED TO APPROVE THE REQUEST BY THE HOUSING AUTHORITY OF UTAH COUNTY FOR APPROVAL OF A GROUP HOME FOR PHYSICALLY DISABLED ADULTS AT 365 EAST 400 NORTH WITH THE FOLLOWING CONDITIONS:
1. THAT THE OCCUPANCY OF THE HOME BE LIMITED TO THREE ADULT DISABLED PERSONS.
2. THAT THE PARK ACCESS IN FRONT OF THE HOME BE PAINTED RED AND SIGNED FOR NO STOPPING OR PARKING.
3. AND, THAT THE NUMBER OF PARKING SPACES BE REVIEWABLE UPON COMPLAINT.
COMMISSIONER ATCHISON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
5. RIMROCK - 600 NORTH STATE STREET - DESIGN REVIEW
This is a request for Planning Commission review of a proposed second drive access on to 600 North for a new restaurant.
It was determined that the applicants were not present. The Commissioners reached consensus to continue the item. Commissioner Peters commented that the applicant had met with the neighbors as asked. There was a short discussion.
6. GRAPHIK - 1400 WEST CENTER STREET - CONDITIONAL USE PERMIT
This is a request for approval for a new office/shop building along the I-15 corridor in Lakeview Industrial Park.
It was determined that the applicants were not present. The Commissioners reached consensus to continue the item.
Public Comment was reopened to discuss the proposed Horseshoe Ridge project. Mr. Smith explained that this application had been received too late on Friday for inclusion on the agenda, but he noted that there were some issues that needed discussion with the Planning Commission and a time constraint on the applicants' part that indicated some urgency. He presented the proposal by Amilyn Gardner to subdivide five lots on the interior of the block between 40 South and 130 South, 300 West and State Street. There are several proposals to extend access into this area. One suggestion is to turn and extend 300 West to the east to eventually turn back to the north and tie to 40 South near the center of Ace Rents' property across Chloe Smith's orchard. Another would tie back to 40 South on the back boundary of the Hatch property. Another would extend 300 West in a s-shape to the stub street of 130 South. He added that input would be needed from the Hatch's as their home would become a corner lot. Ms. Gardner commented that she was considering giving property to Mr. Hatch to meet the setback requirements for side yards on a corner.
Commissioner Sweeten asked Ms. Gardner her plans for the old home at the end of 300 West. Ms. Gardner replied that she was considering moving the home onto one of the lots. Mr. Smith suggested that Ms. Gardner consult with Chief Building Official Phil Brown on moving the home.
Ms. Gardner explained her preference for the options presented. She told the Commission that she had talked with Chloe Smith who was considering selling part of her orchard as the maintenance was getting hard for her. Mrs. Smith would like to put two houses between her and Wooten's home. She had also talked with Ace Rents and they seemed favorable. Rhoda Price was not favorable to the proposal. Mrs. Swanson was deciding if she wanted to keep her parcel or not.
Commissioner Simister asked if the City still approved stub roads. Mr. Smith explained the difference between a stub road and a dead end. He told her that a stub road could be approved if worked out with the neighborhood and added to the General Plan. The Commissioners discussed the various options presented. Chairman Carpenter asked Mr. Hatch's opinion. Ms. Gardner replied that Mr. Hatch would prefer the property remain horse pasture. Commissioner Simister commented that she had talked with Mr. Hatch and he had mentioned several problems that would need resolution. One is that Mr. Hatch owns a triangle parcel at the end of the cul-de-sac that may restrict the width of the street to less than the requirement. He noted that a street is planned for his north boundary which would put streets on three sides of his home. He also expressed concerns about irrigation water and storm water. The Commission discussed Mr. Hatch's concerns. Mr. Lee Bender of 213 West 40 South also expressed concerns about irrigation.
Chairman Carpenter observed that the City has a history of trying to solve access problems for land owners. Commissioner Simister noted that Ms. Shauna Hatch had arrived and asked for her suggestions. Ms. Hatch pointed out that much of the proposed development had a steep grade, the road would be very close to her bedroom, she owns part of the cul-de-sac, and something would have to be done to solve the irrigation and storm water issues. She also noted the proposed road on the north side of her home, which she had bought so that the road would not go in. There was a discussion of the irrigation and storm water problem.
Commissioner Sweeten asked if Ms. Hatch had a suggestion that would make her more comfortable with a development on her south border. She replied no, not unless a 30-foot setback was added to the full length of her property boundary. The other issues of the cul-de-sac were explored. Mr. Smith suggested that the Planning Commission could modify the width of the street. He noted that the right-of-way is 50-feet and that much area seems to be available from looking at the satellite photo. He added that most roads have 28-feet of asphalt. Mr. Sweeten expressed a concern about one-sided roads, of which 300 West is one. Mr. Smith acknowledged that there were many issues to work on.
Commissioner Peters suggested that a public hearing was needed to get input from the neighborhood. Commissioner Sweeten observed to Ms. Gardner that there was some risk in purchasing this parcel because there were no guarantees. Ms. Gardner asked if there was a problem with access on 300 West other than getting past the Hatch's property. Mr. Smith discussed whether five developed lots would warrant requiring the developer to improve the access on 300 West. This would need discussion and consideration of participation by the City. Chairman Carpenter commented that he felt this type of discussion would be more common as the open areas of the City filled in. The acreage of the proposal was asked and Ms. Gardner replied that it was 3.33 acres. Ms. Hatch's property was 2.5 acres. The development plan was discussed further. Ms. Gardner was informed that the issues are too complex for any surety of development. She may or may not be able to develop the parcel as she intends. She thanked the Commission for their time.
7. ZONING ORDINANCE AMENDMENTS
1. 17.04. - General and Supplemental Provisions - Request to modify requirements for farm and ranch worker housing and residential yard fencing.
Mr. Smith reviewed the proposed amendments to the ordinance 17.04.-General and Supplemental Provisions. There was a discussion of substandard lots as referred to in 17.04.160. He noted the major change on page five. The proposed amendment allows one housing unit owned by a farm of 15 acres or more. Chairman Carpenter asked if the use of the building is to be restricted to residential housing for an employee that works on the farm and would not be a rental. Mr. Smith verified that this is the intent. Chairman Carpenter suggested some added wording that would make this intent clear.
Mr. Smith continued his review of the proposed amendment on page six. He noted that the words "four family" in 17.04.260 are struck because no four-family units are presently being allowed under the ordinances. There was a discussion of the height of accessory buildings. Commissioner Peters suggested that the height restriction be the same as the home. The height of fences and fencing on irregularly shaped lots was discussed.
COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL OF THE PROPOSED AMENDMENT TO SECTION 17.04.-GENERAL AND SUPPLEMENTAL PROVISIONS OF THE LINDON CITY CODE WITH THE FOLLOWING ADDITIONAL CONSIDERATIONS:
1. THAT RESIDENTIAL HOUSING ON A FARM OR RANCH OF 15 ACRES OR MORE BE LIMITED TO AN EMPLOYEE EMPLOYED BY AND WORKING ON THE SAME FARM OR RANCH ACREAGE MENTIONED ABOVE.
2. THAT THE HEIGHT LIMIT OF ACCESSORY BUILDINGS BE THE SAME AS THE HEIGHT LIMIT OF THE HOME.
COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
8. PLANNING DIRECTOR'S REPORT
There was a discussion of the submission by Pacland, a development company, to build a Super Walmart in Lindon.
ADJOURN
COMMISSIONER ATCHISON MOVED TO ADJOURN THE MEETING AT 10:30 P.M. COMMISSIONER SWEETEN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED - March 12, 2003
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