The Lindon City Planning Commission held a regularly scheduled meeting on Wednesday, June 25, 2003 at 7:00 p.m. in the Lindon City Center Council Chambers at 100 North State Street, Lindon, Utah.

Conducting: Dustin Sweeten, Vice Chairman
Prayer: Lori Atchison
Pledge of Allegiance: Dustin Sweeten

PRESENT

Dustin Sweeten, Vice Chairman
Ron Anderson, Commissioner
Lori Atchison, Commissioner
Lucky Morse, Commissioner
Marilyn Simister, Commissioner
Lindsey Bayless, Councilmember
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
Dustin Huler, Planning Intern
Suzanne Morgan, Planning Intern

ABSENT

Bruce Carpenter, Chairman
Evan Nixon, Alternate Commissioner
Jim Peters, Commissioner

The meeting began at 7:07 p.m.

1. APPROVAL OF MINUTES

The minutes of the regularly scheduled meeting of June 11, 2003 were reviewed. The following corrections were made:
Page 12, Line 24: Replace the word "trees" with the words "visible landscaping."
COMMISSIONER MORSE MOVED TO APPROVE THE MINUTES OF JUNE 11, 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)

The Commissioners had no new business to report.

4. LINDON COLLISION - 455 NORTH 1030 WEST - CONDITIONAL USE PERMIT
This is a request for approval to add an additional building to the site in question for an auto collision repair business.

Mr. Dan Harding, owner of the Lindon Collision business, and Mr. Joe Colledge, owner of the property at 455 North 1030 West, came to the front and introduced themselves to the Commissioners. Mr. Smith presented an aerial photo of the proposed site and informed the Commissioners that the applicants would like to add a new building to the southeast corner of the lot. There would be no division of the lot, but staff would ask that the Commission require the applicants to bring the property to the current industrial ordinance standards for landscaping. Commissioner Morse asked where the main entrance to the lot would be located. Mr. Colledge pointed out a central driveway to the parking lot.

Mr. Smith commented that collision repair businesses are a conditional use in the Light Industrial zone. He displayed a version of the proposed site plan and commented that the current version has a larger detention area than the previous version shown here. He pointed out the designated parking area for Lindon Collision and observed that the Commission should inquire about outside storage of vehicles being held for repairs. He also noted that plans for landscaping and parking on Anderson Lane should be delineated.

Commissioner Simister asked Mr. Harding if he planned to sod the detention area. Mr. Harding replied that this is what the engineers have recommended. Mr. Smith observed that the detention area can be finished with gravel– the pond just needs to retain the storm water. Commissioner Morse asked how much area of the lot would be used for the repair business. Mr. Colledge replied that half of the lot would be used by this business and the other half is occupied by the Ballet School. Commissioner Morse asked how much asphalt would be added. Mr. Colledge showed the Commissioners a line where the asphalt would stop.

Commissioner Morse asked where Mr. Harding planned to store vehicles waiting to be repaired. Mr. Harding replied that he planned a storage yard in the eighteen feet between the south side of the building and the property line. Vice Chairman Sweeten asked if this would be enough room for his anticipated storage. Mr. Harding replied yes. Commissioner Anderson asked how Mr. Harding would access this storage space. Mr. Harding replied that access would be from the west side. He noted that the area would be fenced and slatted so that the yard is not readily visible. Vice Chairman Sweeten asked what type of fence was planned. Mr. Colledge replied that the fence would be chain link with obscuring slats.

Commissioner Anderson observed that the dance studio seemed busy and asked if the parking was adequate for both businesses. Commissioner Morse asked where the entrance to the dance studio was located. Mr. Colledge replied that the students generally entered from the south doors and the teachers at the north doors. Commissioner Anderson asked if there would be more use of the north doors if the north parking lot was paved. Mr. Colledge replied that this may be so. Mr. Harding commented that his employees would be parking on the west side of the new building and the parking on the north side of his building would be reserved for customers. The Commissioners discussed adding asphalt further to the west for additional parking. Mr. Colledge commented that he felt the parking was adequate and would rather not asphalt any additional area. Mr. Smith observed that if parking becomes a problem, the asphalt can be expanded into the undeveloped area. Vice Chairman Sweeten suggested that Mr. Harding may need to find a way to prevent the dance studio patrons from using the collision business parking.

Mr. Smith asked if the applicants had brought elevations to present to the Commission. Mr. Harding passed out the plans. Commissioner Simister noted that the plans showed a women's bathroom for the office and a men's bathroom for the shop. Mr. Harding agreed and observed that the architect had labeled the bathrooms this way, but the intention is that the two unisex bathrooms will serve the office and the shop areas respectively. Commissioner Morse asked what covering was planned for the outside of the building. Mr. Colledge replied that the building would be metal and stucco. Commissioner Anderson asked Mr. Smith if this would meet the ordinance. Mr. Smith replied that the ordinance requires 25% of the sides that do not face the public to be brick, block, stucco, wood or similar decorative material. The front of the building and the side facing the street need to be 30 percent decorative material. Mr. Colledge noted that the non-public sides were just metal. Vice Chairman Sweeten explained that the building needs to meet the architectural standards of the code. He asked Mr. Smith if there were any other staff concerns. Mr. Smith replied no.

Commissioner Morse asked about landscaping requirements. Mr. Smith replied that the code requires 20 feet of turf with trees spaced 30 feet on center along all street frontages. Mr. Colledge asked about alternatives to sod and mentioned the drought. This was discussed, but Mr. Smith read from the Lindon City Code and it was noted that the code did not allow modification of the requirements with amended site plans. Commissioner Simister commented that the landscaping on the north side along Anderson Lane needs something to separate it from the gravel parking lot on that side. Mr. Smith agreed and observed that the landscaping needs to be curbed, sprinkled and maintained. Commissioner Morse asked if there was a problem with weeds in the gravel parking area. Mr. Colledge replied that the weeds were under control. Commissioner Anderson agreed. Mr. Colledge reported that there were trees presently growing in the landscaping on the north side. This was verified on an aerial photo.

Commissioner Morse asked if the additional traffic to the collision business would have a negative impact on the neighborhood. Mr. Smith replied no, that no additional accesses are being added to the lot. The limitations on holding of inoperable vehicles were explained to Mr. Harding and Mr. Colledge. Mr. Harding asked about the possible addition of an impound yard for towing and told the Commissioners that this may be included in his future plans. He was informed that an additional sight-obscuring fence and additional asphalt would be needed.

COMMISSIONER ANDERSON MOVED TO APPROVE THE REQUEST BY JOSEPH COLLEDGE FOR A CONDITIONAL USE PERMIT TO ALLOW THE ADDITION OF A NEW BUILDING ON THE EXISTING SITE FOR LINDON COLLISION, AN AUTO COLLISION REPAIR BUSINESS, AT 455 NORTH 1030 WEST WITH THE FOLLOWING CONDITIONS:
1. ALL REQUIREMENTS OF THE ORDINANCE ARE TO BE MET,
2. ALL VEHICLES TO BE KEPT BEHIND A SIGHT-OBSCURING FENCE,
3. AND, THE LANDSCAPING AND ARCHITECTURAL ELEVATIONS ARE REQUIRED TO CONFORM TO THE REQUIREMENTS OF THE LINDON CITY CODE.
COMMISSIONER ATCHISON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

5. PACLAND/WALMART - 600 NORTH STATE STREET - WATER SHARE RELIEF PETITION
Walmart Corporation is asking for relief from the Lindon City Water share requirements. They would like to pay the City for water in lieu of turning in water shares.

Mr. Darrel Tate and Mr. Mark Cohen were in attendance to represent Walmart's interests. Mr. Smith explained that the City requires water shares for development. The water equivalent is one half share per net acre of development–the City does not require water for roads. He noted that when an applicant has searched and can't find water shares, they may submit a petition to reduce the amount of water shares required and/or pay cash in lieu of shares. He explained that the State of Utah owns all the water within its borders. The right to use surface water is allocated to irrigation companies. Mr. Smith informed the Commission that Walmart has petitioned to reduce the amount required and to pay the cash equivalent of the required water shares.

Commissioner Morse asked how the City would meet the need for water if cash is submitted instead of water shares. Mr. Smith replied that the City would take the money and buy shares when they become available. Commissioner Morse observed that the net water yield for surface shares is less in dry years.

Vice Chairman Sweeten verified that the City requires one half share per acre. Mr. Smith explained that, until recently, the requirement was one share per acre, but was reduced because commercial businesses use less water (more parking lot and building space than residential uses.) Vice Chairman Sweeten commented that he was not comfortable in reducing the amount required a second time. Mr. Smith agreed and observed that the staff recommendation is that Walmart be required to submit the full amount of water shares as stated in the City Code.

Commissioner Anderson asked what happens if cash is allowed in lieu of shares. Mr. Smith replied that the amount of the payment is set in the Lindon City Fee Schedule and is based on the market rate of shares. Commissioner Morse asked if there are shares that can be purchased. Mr. Smith introduced Mr. Ken Pack, a water broker from Pleasant Grove, to the Council. Mr. Pack replied to Commissioner Morse's question by explaining that there were not enough shares to meet the requirement available for purchase at the present time. Mr. Pack and the Commission discussed the value of the various irrigation company shares. It was noted that Lindon City requires certain types of shares to be submitted and that North Union Shares are the most coveted because they are stored water right. There was also discussion of plans to cover the Murdock Canal and that all water saved by this measure will become the property of the Central Utah Project.

There was discussion of shares that may have been used for irrigation on the land purchased for the Walmart site. Mr. Smith commented that shares are personal property and do not follow transfer of the land. Commissioner Anderson observed that many of the shares used on this land were Pleasant Grove Water Company shares that are not accepted by Lindon City. Vice Chairman Sweeten asked how many shares had been acquired and/or located. Mr. Tate replied that 4 shares were available. He commented that Walmart had conducted an analysis to determine water usage on this parcel. He noted that Dave Thurgood of JUB Engineers had provided the base data for this analysis. He presented his information on water demand for the Walmart site. Mr. Smith read the requirements on information that can be required to consider an application for water relief petition.

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

Vice Chairman Sweeten asked for public comment. Mr. Pack offered to educate the Commission on water issues such as shares, allocation and usage restrictions. He commented that Lindon City is one of the few cities that accept cash in lieu of shares. Commissioner Simister asked if any other water shares were available. Mr. Pack replied that, at present, these are the only shares for sale and that he had checked with his competition to verify share availability. Commissioner Simister asked if individual owners had been contacted. Mr. Pack explained that many water brokers like himself conduct mailing campaigns to contact individual owners that may be interested in selling shares. Commissioner Morse asked how often shares are available that the City can buy if given cash in lieu of shares. Mr. Pack admitted that shares are not available often. Commissioner Morse asked what happens if there are no water shares available. Mr. Pack replied that there is underground water available that may be transferred to the City wells.

Mr. Smith explained the process of transferring underground water to the Commissioners. Vice Chairman Sweeten asked which would be preferred, pay in lieu or buy water and transfer. Mr. Smith replied that the City Engineer has recommended that Walmart buy the water and transfer it to the City. He added that if the underground water is considered in lieu of irrigation water shares, the Commission and Council will have to approve the transaction. Commissioner Morse asked how many acre feet of underground water is equivalent to North Union shares. Mr. Smith replied that this would be determined by the City Engineer. Mr. Pack commented that the cost of underground water is less than shares, but the City will have additional costs for pumping and the transfer costs. Commissioner Anderson observed that one of the benefits to pumping is that the water is still available during a drought.

Commissioner Anderson asked if the City's position on requiring more water shares than is used on the site is justified and defensible. This was discussed. Mr. Cohen and Mr. Tate informed the Commissioners of their efforts to acquire water shares. Mr. Cohen commented that this equates to a $365,000 budget issue for Walmart. Commissioner Morse asked if the acreage figured for water use includes the out lots. Mr. Cohen replied no and that more water shares would be needed for these before the subdivision plat is recorded. Mr. Tate suggested that the City's share requirements are onerous and exceed even what the City Engineer thinks the development will use.

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

Commissioner Morse asked when the ordinance was changed to allow less water submitted. Mr. Smith replied that the amendment was adopted about two months ago. Commissioner Morse observed that this occurred very recently and is again a critical part of discussion. He also asked the Commissioners to consider how to define this application as the exception to the rule so precedence is considered. Vice Chairman Sweeten agreed and observed that the City had required twice this amount of water two months ago. Mr. Tate acknowledged this statement, but noted that this is a large project and will produce other incomes to the City.

Commissioner Morse commented that, comparatively, Lindon is less restrictive than most other cities when requiring water. Commissioner Anderson agreed, but pointed out that North Union shares are some of the most expensive. The Commission discussed protecting the City's water rights and the availability of water for growth. There was discussion of further reducing the water requirements for commercial projects. Commissioner Anderson suggested that the Commission should required well rights or cash in lieu of water for Walmart, but look at reducing the amount of water required in the ordinance again. Vice Chairman Sweeten agreed and expressed interest in learning more about water rights. Commissioner Simister asked if anyone in the past had been allowed to turn in less water. Mr. Smith replied no, and added that the developers of the Home Depot site had been allowed to submit well water rights in lieu of part of the share requirement.

The Commissioners discussed how to structure the motion. Commissioner Morse suggested that the Commission grant relief and instruct the applicants to acquire all the surface water available and make up the difference in ground water. He added that the applicant should post a bond for the transfer of the underground shares that is for 12 months. Mr. Tate asked if the cash equivalent is not an option. Mr. Smith replied that the underground water is available and preferred by the City. The burden of transfer costs and options to protect the City were discussed.

COMMISSIONER MORSE MOVED TO APPROVE THE REQUEST BY PACLAND/WALMART FOR A WATER SHARE RELIEF PETITION FOR THE WALMART SITE AT 650 NORTH STATE STREET AND RECOMMEND APPROVAL TO THE CITY COUNCIL WITH THE FOLLOWING RECOMMENDATIONS:
1. THE UNDERGROUND WATER BE ALLOWED, ONLY FOR THE SURFACE WATER THAT IS NOT AVAILABLE, IN LIEU OF NORTH UNION SHARES TO MEET THE CITY WATER SHARE REQUIREMENT.
2. THAT A CASH PAYMENT IN LIEU COULD BE CONSIDERED BUT IS NOT RECOMMENDED.
3. AND THAT NO RELIEF ON A REDUCTION IN THE AMOUNT OF WATER SHOULD BE CONSIDERED.
COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

6. 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 Commission with a series of pictures that illustrate design elements such as pedestrian-oriented communities, pavement and street design options, porches, mixing commercial use and residential housing in one unit, decorative lighting, narrow setbacks, rear loaded garages, landscaping elements such as park strips, village squares and density options. A field trip was planned for Thursday, July 31, 2003.

7. PLANNING DIRECTOR'S REPORT

Issues with the pathway cross section on Center Street were discussed. Pathway surfacing options and responsibility for maintenance was also discussed.

ADJOURN

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

APPROVED - July 9, 2003

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