The Lindon City Planning Commission held a regularly scheduled meeting on Wednesday, July 9, 2003 at 7:00 p.m. in the Lindon City Center Council Chambers located at 100 North State Street, Lindon, Utah.

Conducting: Bruce Carpenter
Prayer: Bruce Carpenter
Pledge of Allegiance: Bruce Carpenter

PRESENT

Bruce Carpenter, Chairman
Ron Anderson, Commissioner
Marilyn Simister, Commissioner
Dustin Sweeten, Commissioner
Lindsey Bayless, Councilmember
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
Suzanne Morgan, Planning Intern

ABSENT

Lori Atchison, Commissioner
Lucky Morse, Commissioner
Jim Peters, Commissioner
Evan Nixon, Alternate Commissioner

The meeting began at 7:23 p.m.

1. APPROVAL OF MINUTES

The Minutes of the meeting of June 25, 2003 were reviewed. The following corrections were made:
Page 2, Line 20: Add the phrase "than the previous version shown here" after the word "area."
Page 3, Line 9-10: Delete the phrase "there were no women's bathrooms in."
Page 3, Line 10-11: Add the phrase "showed a women's bathroom for the office and a men's bathroom for the shop" after the word "plans."
Page 3, Line 11-13: Replace the phrase "there was a bathroom planned for the office and one for the shop" with the phrase "the architect had labeled the bathrooms this way, but the intention is that the two unisex bathrooms will serve the office and shop areas respectively."
Page 3, Line 24: Replace the name "Harding" with the name "Colledge."
COMMISSIONER ANDERSON MOVED TO APPROVE THE MINUTES OF THE MEETING OF JUNE 25, 2003 AS CORRECTED. COMMISSIONER SIMISTER 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)

Chairman Carpenter initiated discussion of a local business that has been parking cars on State Street. Mr. Smith reported that most of the cars parked on the street are not cars for sale, but customer cars. He added that the owner has hired a person to keep the customer stalls open and is working on the situation.

Commissioner Simister asked where to report animal abuse. Mr. Smith answered that the animal control officer takes care of these complaints.

Commissioner Anderson reported that a business on 1200 West is renting out cubicles for storage. He noted that some of the cubicles are being used for storage of junk cars. Mr. Smith reported that this business is part of a city-wide campaign to explain the warehouse and storage issue. He discussed the campaign with the Commissioners.

4. ORCHARD CONDOS - 365 WEST 800 NORTH - PRELIMINARY SUBDIVISION
This is a request to convert the existing Gren Apartments into condominiums.

Chairman Carpenter noted that the petitioner on this application was not present. It was decided to hold this item for later and hear item five. Discussion

5. KING' COURT - 330 NORTH AND 350 NORTH 400 EAST - PRELIMINARY SUBDIVISION
This is a request to approve a preliminary subdivision for the Kings' Court Subdivision, Plat A.

Mr. Michael Leifson was invited to the front to present his application. Mr. Smith displayed an aerial photo of the site and explained that two lots would face 400 North and the rest would front on a cul-de-sac from 400 East. There will be full improvements required for both frontages. He displayed an overhead of the plat map.

Chairman Carpenter asked about the requirements for frontage on a cul-de-sac lot. Mr. Smith explained that the requirement is 50 feet of frontage on the cul-de-sac street that must widen to 100 feet at a distance of 30 feet from the edge of the easement.

Mr. Leifson told the Commission that this proposed subdivision is a straightforward residential, single family project. He added that he had received good feedback from the neighbors. He observed that this subdivision would help with a city water issue. Mr. Smith explained that the present owners were chronically over watering this parcel. Chairman Carpenter asked if there were any problems with utilities. He was assured that there were no issues other then the over used storm water system.

Commissioner Anderson noted that many of the lots were very close to the minimum acreage allowed and asked if the plat had been surveyed. Mr. Leifson replied that the survey would be completed soon, but that there was some extra acreage in the lots that face 400 North that can be used to shift boundaries. Mr. Smith agreed and demonstrated how the lot lines could be moved to give lots the acreage required. Commissioner Sweeten observed that the Commissioners would not see an amended subdivision plat since it would not be altered substantially.

Commissioner Anderson asked if the frontage on 400 East would include a pathway. Mr. Smith replied that the west side of 400 East is just a sidewalk and the east side would include the pathway. There was a discussion of the Hidden Meadows pathway and progress on finding a suitable surfacing material.

COMMISSIONER SWEETEN MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL OF A REQUEST BY MICHAEL LEIFSON FOR A PRELIMINARY SUBDIVISION TO ALLOW A NINE LOT SUBDIVISION, AT 330 AND 350 NORTH 400 EAST. COMMISSIONER ANDERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
It was decided to go back to item four.

4. ORCHARD CONDOS - 365 WEST 800 NORTH - PRELIMINARY SUBDIVISION
This is a request to convert the existing Gren Apartments into condominiums.

Mr. Smith explained to the Commission that this is an existing apartment facility which the owner would like to divide and sell as condominium units. Commissioner Anderson verified the location. Mr. Smith displayed an aerial of the area. He explained that there is a boundary issue with one of the neighbors and a lot line through a parking structure that would be resolved by recording a subdivision plat. The Commission discussed the absence of the owner at tonight's meeting and decided that his presence was not necessary if the Commissioners were comfortable with the proposal. Chairman Carpenter asked if the Development Review Committee had any issues. Mr. Smith replied that the proposal had been submitted and there were no comments from the DRC.

COMMISSIONER SWEETEN MOVED TO APPROVE THE REQUEST BY DAVID GREN FOR A PRELIMINARY SUBDIVISION TO ALLOW THE CONVERSION OF RENTAL UNITS TO CONDOMINIUMS, AT 365 WEST 800 NORTH WITH THE CONDITION THAT A PLAT BE RECORDED TO COMBINE THE LOTS AND RESOLVE ANY BOUNDARY CONFLICTS. COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Chairman Carpenter asked if the City Council had made a decision about last meeting's discussion on pathways. There was a discussion of pathway surfacing materials and maintenance issues. Chairman Carpenter asked about the new business in the building on the corner of 200 South and State Street. Mr. Smith reported that the new owner was aware of the landscaping requirements. There was a discussion of the sign ordinance and how it allows replacement of sign faces. Chairman Carpenter suggested that discussion turn next to the ordinance.

8. RECOUPMENT OF COSTS FOR IMPROVEMENTS
This is a potential ordinance that will allow for recoupment of costs from private developers for public improvements paid for by the City which benefits private development projects.

Mr. Smith observed that this motion should include a recommendation to the Council. He explained the origination of this proposed ordinance and how it differed from a reimbursement agreement and some examples of how it could be applied. Commissioner Anderson asked if these costs would be in addition to impact fees. Mr. Smith replied yes.
Commissioner Anderson commented that the City does not typically do much without development. Mr. Smith agreed that this ordinance would only apply to what are normally private projects that are fronted by the City. Chairman Carpenter commented that situations where the ordinance would be used would be rare, but that it would allow the City to become more aggressive on projects. Mr. Smith agreed and commented that putting this language into the City Code would make the City's position more clear.

Commissioner Anderson asked if a special improvement project would accomplish the same result. Mr. Smith explained that this ordinance would only be used to protect city interests, such as a storm water issue to protect property. Chairman Carpenter asked if there would be adequate systems to track expenses of the City that can be charged against property. Mr. Smith replied yes, that property owners would be billed or a lien recorded.

Commissioner Sweeten commented that this would give the City the ability to improve a whole street and not leave half streets. Mr. Smith agreed that if the City already owned the right of way, this could be invoked. Chairman Carpenter asked if the City would with hold the building permit until leins or bills are paid. Mr. Smith agreed that fees and assessments can be put on a building permit. Commissioner Anderson asked if the City could collect more than just the cost of the improvements. Mr. Smith explained that design and construction costs that are expended are included in the reimbursement only. Chairman Carpenter confirmed that there is no index to inflation on the costs. Mr. Smith agreed and noted that if the City borrows the money, the interest can be added. Chairman Carpenter asked if this ordinance would be used to construct 700 North. Mr. Smith replied that 700 North is being financed by federal dollars and will be used only when the City spends funds.

COMMISSIONER ANDERSON MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL ON THE ADOPTION OF 17.68.150, RECOUPMENT OF COSTS BY THE CITY FOR IMPROVEMENTS. COMMISSIONER SWEETEN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Chairman Carpenter suggested that the Commission now move to review of the grading plan.

10. PLANNING DIRECTOR'S REPORT
1. Vosar Grading Plan at Lot 40, Canberra Heights Plat B.

Mr. Smith reported that this lot is basically flat and that there are no issues on the part of staff on this grading plan. Chairman Carpenter commented that there is only a four foot retaining wall and gradual grades.

COMMISSIONER SIMISTER MOVED TO APPROVE THE VOSAR GRADING PLAN FOR LOT 40, CANBERRA HEIGHTS, PLAT B AS PRESENTED. COMMISSIONER ANDERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

It was decided to discuss the Westside Residential master plan next.

9. WESTSIDE RESIDENTIAL MASTER PLAN DISCUSSION
A presentation will be given to the Planning Commission regarding some new ideas for housing and commercial development around the new I-15 Interchange.

Mr. Smith presented the first rendering of the 700 north corridor by the firm, Kinateder & Associates. He asked the Commissioners to rank the pictures that he presented on a scale of one to five–one as the most liked and five the least liked. He noted that comments on the pictures are appreciated. He presented the slides and told the Commission that the Council had also ranked the photos. He explained that these pictures represent ideas of alternate types of development and are not intended to replace the more common types. The Commission asked Councilmember Bayless about the reaction of the Council to some of the ideas presented. Councilmember Bayless replied that there was not a lot of discussion. Ms. Barbara Walker and Ms. Maxine Davis asked about future discussions on design elements and the direction of the discussions.

7. DAVE THURGOOD - SECONDARY WATER SYSTEM
Mr. Thurgood will give a presentation to the Planning Commission on the City's secondary water system.

Mr. Dave Thurgood, City Engineer, explained the Lindon City culinary and secondary systems to the Planning Commission. He pointed out the components, such as tanks, pressure reducing stations, reservoirs, wells and springs. He explained the surface and underground water rights that the City holds. Commissioner Anderson asked if the City was in danger of losing water rights that have not been used for five years. Mr. Thurgood replied no, that the City uses part of their water rights every five years to protect the rights for future growth. He noted that there are areas of Lindon being developed that have not, historically, been irrigated.

Mr. Thurgood explained how the amount of a share of surface water changes based on the supply. He explained how surface rights can be stored in Deer Creek and Jordanelle Reservoir and then delivered to the City through the Alpine Aqueduct. Chairman Carpenter asked if water can be left in the reservoirs until it is used or if it is lost to the City's use if not used. Mr. Thurgood replied that if the water is not diverted for use, it is lost downstream and the users that divert their water there. Commissioner Sweeten asked Mr. Thurgood to compare the usage of the culinary and secondary systems. Mr. Thurgood replied that the usage rates for the secondary system are about twice that of the culinary system.Commissioner Sweeten commented that the secondary system saves the City from using culinary water for irrigation. Mr. Thurgood agreed that it not only saves pumping costs on the culinary water, but also treatment costs.

Mr. Thurgood observed that presently the City has a good margin between what water is being used and what water is owned, but cautioned the Commission on managing that margin carefully. Commissioner Sweeten commented that the City is more in need of secondary sources than culinary water. Mr. Thurgood agreed and noted that the City is constantly enlarging the area that has traditionally been irrigated.

Commissioner Simister pointed out that sources for water shares are becoming limited, and asked where future water may be available. Mr. Thurgood replied that sellers are reserving water rights rather than letting them go with the land. He commented that buyers need to negotiate with sellers to obtain these rights. He also suggested allowing underground water rights as an alternate source for diversion into the reservoirs.

Commissioner Anderson commented that Walmart has told the City that they will used use less water than they are required to supply. Mr. Thurgood pointed out that North Union Shares are equivalent to an a yearly average of seven acre feet on a good year, but that the drought of recent years has reduced that amount significantly. He also pointed out that the share is an yearly average and will not produce the same amount in August that it does in April. He added that the City cannot require residents to use less water in August than they do in April. Commissioner Anderson commented that the water is needed to balance use throughout the year. Mr. Thurgood agreed. The Commissioners thanked Mr. Thurgood for his informative presentation.

Mr. Smith reminded the Commission of the field trip planned for July 31, 2003. He also discussed proposed development plans near the Home Depot and the I-15 freeway.

ADJOURN

COMMISSIONER SWEETEN MOVED TO ADJOURN AT 10:10 P.M. COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - August 13, 2003

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