The Lindon City Planning Commission held a regular meeting on Wednesday, May 14, 2003 in the Lindon City Center Council Chambers at 100 North State Street, Lindon, Utah.

Conducting: Bruce Carpenter, Chairman
Prayer: Dustin Sweeten

PRESENT

Bruce Carpenter, Chairman
Ron Anderson, Commissioner
Lori Atchison, Commissioner
Lucky Morse, Commissioner
Marilyn Simister, Commissioner (arrived 7:20 p.m.)
Dustin Sweeten, Commissioner
Lindsey Bayless, Councilmember
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
Dustin Huler, Planning Intern
Suzanne Morgan, Planning Intern

ABSENT

Jim Peters, Commissioner
Evan Nixon, Alternate Commissioner

The Meeting began at 7:08 p.m.

1. APPROVAL OF MINUTES

The Minutes of the regular meeting of April 23, 2003 were reviewed. The following corrections were made: Page 2, Line 29: Replace the word "a" with the word "and." Page 3, Line 14: Replace the word "that" with the word "the." Page 4, Line 12: Add the word "they" after the word "that." COMMISSIONER ATCHISON MOVED TO APPROVE THE MINUTES OF THE MEETING OF APRIL 23, 2003 AS CORRECTED. COMMISSIONER SWEETEN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

2. PUBLIC COMMENT

It was decided to postpone this item for later in the meeting. (See Below)

3. NEW BUSINESS

Commissioner Anderson questioned the landscaping berm at the commercial building on 600 North Street. Mr. Smith replied that the developer had agreed to the amendment of the landscaping plan and had signed their approval. He noted that since the berm had been required by the Commissioners at the request of the neighbors, and they had approved the change, he had also approved the amendment. Chairman Carpenter asked if there were other comments. There were none.

4. WALMART SUBDIVISION - 650 NORTH STATE STREET - PRELIMINARY SUBDIVISION APPLICATION
This is a request for approval of an 8-lot subdivision.

Mr. Smith presented the preliminary plat and pointed out the location on State Street. He noted that there is one change since the site plan review and approval. He pointed out the new location of the storm water retention basin, which has been moved farther south so that it borders 600 North. He noted that this may be an advantage to the homes on 600 North because it will provide a buffering space between them and 700 North Street. He added that the detention basin is to be landscaped.

Mr. Dennis Carlyle of LEI Engineering introduced himself as the representative for Shel McPherson of Pacland. He asked if the Planning Commissioner had any comments or direction for him. Chairman Carpenter asked if the detention basin would be fenced. Mr. Smith replied yes, that a fence is a safety issue even though the basin would not have water in it very often. Commissioners Morse and Sweeten asked questions about the site plans on the outlet lots. Mr. Smith replied that applications for site plans on these lots would be presented for approval to the Commission as they are received. The Commissioners asked questions about the decision to move the detention basin and the ownership of the remaining land on 700 North. Mr. Smith explained that this location is better for drainage of the storm water and that the land has been held on a purchase option agreement. Commissioner Anderson verified that all other aspects of the subdivision plat match the approved site plan. This was confirmed.

(Commissioner Simister arrived at 7:20 p.m.)

Chairman Carpenter asked if there was any public comment. There was none.

COMMISSIONER ANDERSON MOVED TO APPROVE THE REQUEST BY PACLAND/WALMART FOR PRELIMINARY SUBDIVISION APPROVAL FOR THE WALMART SUBDIVISION, AN EIGHT LOT COMMERCIAL SUBDIVISION AT APPROXIMATELY 600 NORTH STATE STREET AND RECOMMEND APPROVAL TO THE CITY COUNCIL. COMMISSIONER SWEETEN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

5. TIMPANOGOS ACADEMY - 55 SOUTH 100 EAST - SITE PLAN AMENDMENT
This is a request for approval of an amended site plan for an expansion of Timpanogos Academy to add a Middle School.

Mr. Leonard Lee and Ms. Michelle Smith came forward to present their application. Mr. Smith reminded the Commission that they had discussed this item at the last meeting. He displayed an overhead of the proposed site plan. He pointed out the warehouse on an aerial photo and noted that the building would be gutted and remodeled to accommodate a sixth, seventh, and eighth grade. Chairman Carpenter asked what the extra room in the current elementary school would be used for since they are planning to move the sixth grade class. Ms. Smith replied that the room would be converted to a music room.

Mr. Smith reported that the traffic study had been submitted and the conclusion had found that there would not be significant impact. He also reported that the Fire Marshal had one concern–that a second access through the commercial zone be planned for the middle school. Chairman Carpenter commented that the Commission had discussed allowing the fire access gate to be open during pickup and drop-off hours. Mr. Lee noted that there were two gates to the commercial property. He pointed out the locations on the site plan. He commented that the new gate on the southwest corner of the middle school property would be used for parent egress from the school sites, and the existing gate would be used for fire access. He added that the whole property would be fenced with chain link to prevent the children from accessing the commercial area. Commissioner Morse asked if the gate was located on the property line and the composition of the access surface through the commercial zone. Mr. Lee replied that the gate was located on the edge of the right-of-way and not on the property line and that the access was paved.

Mr. Smith pointed out the asphalt and grass playground that would be added to the site in conjunction with the middle school. Commissioner Simister asked if this area was fenced. Mr. Lee showed the proposed fence line for the new middle school and the existing fence for the elementary school. He noted that the existing fence would not be moved and the 34-foot driveway access to the middle school would be striped on the asphalt playground. Commissioner Simister asked about the proposed traffic pattern. Mr. Lee showed how parents might access from State Street through the commercial area and exit out on Center Street. Commissioner Morse asked if the middle school would have the same schedule as the elementary school. Ms. Smith replied yes, since many parents would be car pooling siblings. Commissioner Anderson asked if Mr. Lee was proposing to open the gate before school and then close the gate after school. Mr. Lee replied yes, that the gate would be closed at night to prevent traffic after school hours. Ms. Smith added that the gate could be closed during the day between the drop-off and pickup times. Commissioner Sweeten commented that closing the gate could prevent children from going to the mall. Chairman Carpenter noted that closing the gate could protect children from traffic that might use the route during the day also.

Commissioner Morse asked about possible problems with access if Mr. Lee happens to sell the commercial building on State Street. Mr. Lee informed the Commission that he had sold the building in February 2003, but had retained a recorded access to the rear buildings. Commissioner Morse asked the width of the recorded right-of-way. Mr. Lee replied 34 feet. Mr. Smith verified the width on an aerial photo. Commissioner Anderson commented that having the gate open to the commercial area should relieve some of the traffic on Center Street. Ms. Smith and Mr. Lee agreed. Chairman Carpenter asked Mr. Lee to estimate the number of cars that may use the access. Mr. Lee estimated that if all the parents used this access it would total about 120 cars and not all would use this access to State Street. Commissioner Atchison asked how many students walk to school. It was noted that there were only a few.

Chairman Carpenter asked City Engineer Mark Christensen if he had any comments to make. Mr. Christensen replied that if, in fact, parents are encouraged to use the access to State Street, that this situation may be an improvement to traffic conditions on Center Street. Chairman Carpenter verified that there is no early morning parking at Wallaby's. Mr. Lee confirmed that the mornings have little parking and the afternoons at 3:00 have little parking. He added that the only conflict may be on Fridays at noon for the early out day. Chairman Carpenter asked how many cars queue to Center Street now. Ms. Smith replied that they back up to the end of the cul-de-sac. Mr. Lee noted that parents only queue during the pickup in the afternoon. Commissioner Morse noted that parents would be leaving the school in two directions now, both north and south. He asked if a stop sign may be necessary. Mr. Lee replied that a school staff member directs traffic. Chairman Carpenter noted that the school is a conditional use and can be reviewed on complaint. Ms. Smith noted that the school wants safety for the children and the neighborhood. Mr. Christensen noted that opening the access would not exacerbate the traffic situation, but would probably relieve it.

Chairman Carpenter asked if there was any public comment. Mr. William A. Harding of 200 East commented that he would largely receive the impact of having a middle school. He pointed out his home backing to the proposal. He explained that he had bought the home a year-and-a-half ago and had not expected a school on his back yard. He reported that he had experienced damage to his fence from children climbing into his yard to retrieve lost balls. He had noticed an increase in the noise level also. He asserted that middle school children would aggravate the situation. He expressed concern about his property values, too.

Commissioner Sweeten suggested that Mr. Harding should possibly expect some annoyance since he located bordering a commercial district. A suggestion was made to pipe the irrigation ditch and extend the block wall to prevent children from easy access to his property. Mr. Lee asked if Mr. Harding was sure the children were students at Timp Academy and not neighborhood children. Mr. Harding replied that he had caught them on his fence. Mr. Lee noted that the middle school children would not have the same opportunities for recess afforded to the elementary children. Their exercise would be supervised gym class. Mr. Harding expressed concern that the playground would border right on his fence line.

Commissioner Simister asked if Mr. Lee was willing to extend the piped portion of the ditch and build the wall. Mr. Lee observed that the ditch belongs to the irrigation company, so he does not have the right to cover it. Chairman Carpenter asked if he was willing to explore the possibility. Mr. Lee replied yes. Commissioner Simister asked if there was landscaping as a barrier to noise. It was noted that there are no trees along this fence line at the present time. Commissioner Sweeten suggested the installation of some evergreen trees to provide year-round noise protection. Mr. Harding commented that he could sell his parcel as multiple family housing. Mr. Smith noted that this district is full.

Mr. Lee observed that the block wall is a nine-foot fence. Commissioner Anderson commented that the Commission realizes there is impact when commercial zones abut to a residential zone and that some areas have more impact than others. Commissioner Sweeten added that residents should be aware of this possibility, and that although the Commission can require conditions to alleviate the impact, they cannot refuse the project if it meets the zoning requirements. Commissioner Anderson asked if the school could install a row of pine trees along the fence. Ms. Smith replied that the school has planned a summer project to improve the landscaping to make a better environment for the students.

Chairman Carpenter asked if there had been complaints similar to this from the other neighbors. Mr. Lee replied that he had visited with the other neighbors and had received no complaints. He noted that they were also not present tonight. Mr. Harding observed that his home backed onto the play area and so had more impact than the other neighbors. Chairman Carpenter commented that his home adjoins the Oak Canyon Junior High and so he is aware of the noise level.

Mr. Curry, a parent whose children attend the Academy, commented that parents are willing to do whatever is necessary to bring a middle school to the school. They are concerned about the level of academics in traditional schools, but they want to be good neighbors as well. Mr. Lee pointed out that the school and parents have been very cooperative in the past.

Mr. Steve Whitehouse, a parent from Pleasant Grove, praised the school as a "wonderful institution" that has involved the parents in the education of the children. They have volunteered to build the school and feel that the education of the children is very important. Ms. Jan Stafford empathized with Mr. Harding's situation, and observed that, although he knew he was moving into a commercial area, it must have been a "shock." She urged him to remember that the Academy is not a traditional, or typical, school. They have addressed the challenges as they have encountered them, in this, their first year, but she did not want a negative attitude assigned to the entire student body based on the questionable behavior of one or two. Mr. Tom Lee of Lindon told the Commission that he had three children enrolled at the school. One is a sixth grader that he does not want to send back to regular school.

Mr. Harding suggested that, as a common courtesy, the children should knock on his door and ask permission to retrieve their balls. He felt he should not have to address the children in his own backyard. He agreed that the ideals and goals of the school are exemplary, but noted that there are challenging children in any school. He felt that the fence and ditch should be addressed now, or it would be an ongoing problem. Commissioner Anderson suggested that the play area and the parking lot could be "flip flopped." He also noted that irrigation companies generally like to have the ditches piped. The Commissioners discussed the ditch, piping and the fence.

Chairman Carpenter observed that there are two areas of concern that need to be addressed–the landscaping to minimize noise and the ditch/fence issue. It was suggested that the school could move the basketball standard. Commissioner Morse asked about the architectural details of the addition. Mr. Smith displayed the proposed elevations of the building. He pointed out the windows and entry way to be added. He noted that the building is two stories high and would include a gymnasium. Commissioner Sweeten observed that there are no windows overlooking the residential area. Commissioner Morse confirmed that the building meets the requirements of the ordinance. Mr. Smith verified that the building conforms.

Commissioner Sweeten asked if there were other staff concerns. Mr. Smith replied that the only staff concern was traffic. A parent in the audience informed the Commission that the school serves about 200 families and that parents have logged more than 10,000 volunteer hours this year. She assured the Commission that the school would work to alleviate concerns. Chairman Carpenter observed that the permit is reviewable and that noise is considered a nuisance according to the ordinance.

COMMISSIONER SWEETEN MOVED TO APPROVE THE REQUEST BY LEONARD LEE TO AMEND THE TIMPANOGOS ACADEMY SITE PLAN FOR THE ADDITION OF A MIDDLE SCHOOL FOR APPROXIMATELY 100 STUDENTS WITH THE FOLLOWING RECOMMENDATIONS: 1. THAT THE DEVELOPER AND SCHOOL WORK WITH THE NEIGHBOR TO ADDRESS CONCERNS OF THE DITCH AND FENCE, AND 2. ADD LANDSCAPING TREES ALONG THE FENCE LINE.

Commissioner Morse suggested that the motion more specifically address the fence. He suggested that the fence be constructed of concrete block the entire length of the property border and that the trees be specified as evergreen to alleviate noise year round. There was a discussion on possibly specifying the size of the evergreen trees. Commissioner Sweeten suggested the "largest and tallest possible." Mr. Smith noted that the typical two-inch caliper in an evergreen may not be tall enough. Mr. Lee observed that the evergreens don't have to be tall, that the idea is to prevent noise from bouncing off the wall. Chairman Carpenter suggested that the condition allow the planning department to review the plans of the developer and resolve the concerns of the neighbor. This was discussed. The type of evergreen was questioned. Discussion was held on whether the application should be continued to allow consultation with a nursery expert. Ms. Smith observed that they would like to open the addition to the school in the fall. Commissioner Morse cautioned against acting in haste.

Commissioner Sweeten suggested that since there was really only one major issue, Staff could be allowed to find a resolution that would satisfy the neighbor. Commissioner Morse suggested that the Commission should set the criteria for the resolution. Mr. Harding agreed that he needs to sit down and discuss this with Mr. Lee. Mr. Lee asked what Mr. Harding would prefer for trees. Mr. Harding replied that he was not sure without asking an expert. Chairman Carpenter suggested the wording "a solution that maximizes sound protection at the most reasonable cost."

It was noted that the traffic situation had not been addressed in the motion either. Commissioner Sweeten expressed the opinion that the school could determine whether it was in their best interest to leave the gate open or close it. After discussion among the Commissioners, it was felt that the gate on the south end should be locked and closed when the school is closed. Commissioner Simister pointed out that the gate is a safety issue. Chairman Carpenter agreed that it is harder for children to be there when the gate is closed. Commissioner Morse also suggested that the fence should be made solid and permanent on the back side of the school.

COMMISSIONER SWEETEN MOVED TO REVISE HIS MOTION. HE MOVED TO APPROVE WITH THE FOLLOWING CONDITIONS: 1. THAT THE BLOCK FENCE BE MADE SOLID AND PERMANENT ALONG THE ENTIRE EAST PROPERTY LINE ADJOINING THE RESIDENTIAL DISTRICT, 2. THAT THE PLANNING DEPARTMENT WORK WITH THE DEVELOPER AND NEIGHBOR TO FIND A LANDSCAPING SOLUTION THAT MAXIMIZES SOUND PROTECTION AT THE MOST REASONABLE COST, AND 3. THAT THE GATE ON THE SOUTH END BE CLOSED AND LOCKED WHEN THE SCHOOL IS CLOSED. COMMISSIONER ATCHISON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

4. PLANNING DIRECTOR'S REPORT

A. GRADING PLAN FOR CANBERRA HEIGHTS, LOT 34 Mr. Smith presented the grading plans for both lots 17 and 34. He noted that there were not many grading plans left to do in Canberra Heights. He pointed out Lot 17 on a plat map, showed the grade and the retaining walls. Chairman Carpenter asked if pushing the drainage flow to the sides of the lot creates problems for the neighbors. Mr. Smith replied no and added that there is not much run off from the lot. COMMISSIONER ANDERSON MOVED TO APPROVE THE GRADING PLAN FOR LOT 17 OF CANBERRA HEIGHTS, PLAT "A" AS PRESENTED. COMMISSIONER SWEETEN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR THE MOTION CARRIED. Mr. Smith presented the grading plan for Lot 34. He noted that this is a bigger lot and the grading plan is more complicated. He pointed out that the retaining walls are not high, 4-6 feet at most, and that the lot is higher in the back. Chairman Carpenter observed that the retaining walls are most obvious in the front, but are part of the landscaping. Mr. Smith pointed out that the homeowners had addressed the issue of the swell on the east side, although it was not part of the lot. Commissioner Anderson noted that the swell directed storm water onto the street. There was a discussion of dry years, wet years, fires, and the possibility of a detention basin at the mouth of the canyon. COMMISSIONER MORSE MOVED TO APPROVE THE GRADING PLAN FOR LOT 34 OF CANBERRA HEIGHTS, PLAT "B" AS PRESENTED. COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

PUBLIC COMMENT (Reopened)

Mr. Brent Cardon of Cardon Landscaping presented a proposal to construct a small office and bins of landscaping materials on a parcel on 400 North. The property was identified as the subject of a previous attempt to change the zone and the general plan. Commissioner Sweeten commented that the reason for the denial of zone change had been the concerns of the neighbors. He suggested that Mr. Cardon approach the neighbors for their agreement to the proposal. Mr. Smith agreed and observed that this parcel is designated as residential on the general plan. There was a discussion of the neighbors' concerns on traffic and commercial noise. Mr. Cardon noted that he wants to make the neighbors happy. Chairman Carpenter suggested that if Mr. Cardon could convince the neighbors that his project would protect them from another, more commercialized project, he may get approval. Mr. Cardon asked which neighbors he needed to approach. The neighborhood was discussed. Commissioner Anderson suggested that it may be in Mr. Cardon's best interest to search for a parcel in the light industrial zone. Mr. Cardon thanked the Commissioners.

PLANNING DIRECTOR'S REPORT (Continued)

B. EVELYN BRAKEN LOT SPLIT - Staff will present more information at the meeting on this item.

Mr. Smith presented this proposal to transfer acreage containing a shop from one lot to a neighboring lot. He pointed out the location on 400 North near Wadley Farms. He informed the Commission that both lots are legal nonconforming lots with less than minimum frontage and side yard setback. Councilmember Bayless observed that she remembered this original application. She informed the Commission of the original circumstances that led to the creation of the nonconforming lots. It was decided with this information that Mr. Smith should encourage the homeowners to pursue other avenues, rather than adjusting lot lines, to achieve their purpose.

C. BRIDGE/HATFIELD LOT LINE ADJUSTMENT - Two property owners would like to adjust their property lines. The adjustment complies with subdivision ordinance requirements. The State Code requires that the Planning Commission review lot line adjustments.

Mr. Smith pointed out the location of the lots at 835 East 400 North on an aerial photo and noted the location of the aqueduct. He presented the proposal to move the property line to allow one neighbor more backyard and the other neighbor more frontage on 400 North. Commissioner Sweeten confirmed that the request did not change the total square footage of either lot. Mr. Smith verified that it was just a "swap" of land. Commissioner Anderson confirmed that both lots retained the proper frontage. Mr. Smith assured the Commission that the proposal just shifted the line to allow more usable land for both homeowners. COMMISSIONER ANDERSON MOVED TO APPROVE THE REQUEST BY STEWARD BRIDGE AND MORGAN HATFIELD FOR A LOT LINE ADJUSTMENT AS PRESENTED. COMMISSIONER SWEETEN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

D. CERTIFIED CITIZEN PLANNER SEMINAR

Mr. Smith promoted this seminar as valuable training and asked if one or more of the Commissioners would like to attend. Chairman Carpenter noted that it was the same agenda as the training he attended at the Provo Library. Mr. Smith noted that there is training in this area later in the year. It was decided to wait for the closer training opportunity. Chairman Carpenter asked if there was another item to discuss. Mr. Smith replied no.

ADJOURN

COMMISSIONER MORSE MOVED TO ADJOURN THE MEETING AT 9:08 P.M. COMMISSIONER ATCHISON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - May 28, 2003

back to top