The Lindon City Planning Commission held a regularly scheduled meeting on Wednesday, May 28, 2003 in the Lindon City Center Council Chambers at 100 North State Street, Lindon, Utah.

Conducting: Bruce Carpenter, Chairman
Prayer: Bruce Carpenter

PRESENT

Bruce Carpenter, Chairman
Lori Atchison, Commissioner
Jim Peters, Commissioner
Dustin Sweeten, Commissioner
Kevin Smith, Planning Director
Linda Agler, Secretary
Dustin Huler, Planning Intern
Suzanne Morgan, Planning Intern

ABSENT

Evan Nixon, Alternate Commissioner
Ron Anderson, Commissioner
Lucky Morse, Commissioner
Marilyn Simister, Commissioner
Lindsey Bayless, Councilmember

1. APPROVAL OF MINUTES

The minutes of the regular meeting of May 14, were reviewed. The following corrections were made:
Page 1, Line 11,15: Move "Commissioner Peters" from the present list to the absent list.
Page 3, Line 13: Delete the word "high."
Page 3, Line 21: Replace the word "location" with the word "located."
Page 5, Line 14: Add the word "is" after the word "whatever."
Page 5, Line 28: Replace the word "is" with the word "in."
COMMISSIONER SIMISTER MOVED TO APPROVE THE MINUTES OF THE MAY 28, 2003 MEETING AS CORRECTED. COMMISSIONER SWEETEN SECONDED THE MOTION. THE MOTION CARRIED IN FAVOR.

2. PUBLIC COMMENT

There was no public comment.

3. NEW BUSINESS (Reports by Commissioners)

Commissioner Sweeten reported that Utah Auto Sales had six vehicles parked on State Street and four more cars on Center Street and 60 North. Kevin replied that some of the cars may be customers picking up their plates, but would remind the owner of the parking situation. There was discussion of landscaping plans for the corner of State Street and Main Street. Discussion was also held on Skip Dunn's empty lot on State Street that has been turned into a park and sell.

4. MAPLE MANOR, 514 NORTH LOCUST AVE. - CONDITIONAL USE PERMIT
This is a request for Planning Commission approval of a new assisted living center in the R1-20 zone.

Planning Director Kevin Smith presented the request to the Commission. He explained that this facility is different than a rest home or convalescent home, thus it will need to be considered under the Compatibility Standard. The facility would accommodate 50 beds. He noted that, as a comparison, The Seville in Orem has 300 beds. The building elevations meet the requirements of the zoning ordinance. A copy of the Compatibility Standard was given to the public in attendance.

Chairman Carpenter observed that he will ask the applicants to present their request first and then he will open the discussion to the public. He asked the public not to be redundant with their questions and concerns.

Scott and Michele Farrer introduced themselves as the owners of the potential development. Mr. Farrer explained they have grandparents that are in need of such a facility. They found, while researching different facilities in the area and the state, that the elderly have a much better social life and transportation opportunities in these facilities. The care facility will do some of the menial tasks that the patients cannot do themselves, such as cooking and cleaning. It will be quiet, well maintained, and active inside all the time. At first the applicants did not feel Locust Ave would be a good location, but as they looked into it further, they felt the collector street already has many senior citizens, and this center would not contribute to more traffic.

Mr. Farrer informed the Commission and public that it is not required by the State to have a nurse at such a facility. There will however, be one or two CNA's on the staff. A cafeteria will also be on the site. Discussion ensued regarding the number of parking stalls provided for delivery pickups and drop-offs. Commissioner Peters inquired as to the parking spaces in the setback. Mr. Smith responded that they meet the requirements of the City Code, however, the Commission may want to see if headlights from cars will be a problem shining into people's yards from the parking lot.

The design of the building shows a cupola and a height concern was mentioned. Mr. Richard Gardner, the architect, said the cupola height of 28' was not as high as a two-story building. Mr. Smith remarked that the maximum height allowed is 35'. Fencing around the site was another issue discussed with regards to the design. Mr. Farrer said there will be a vinyl fence replacing the existing fence and a concrete retaining wall will be erected in the back so residents cannot see down into the complex.

Mr. Farrer felt the center would be compatible with its surroundings. He listed some factors to consider on his application: 1) He owns the property and will make sure the site is properly maintained; 2) He has looked at other facilities in Utah County and most are located within residential zoning and not in "State Street" commercial zones; 3) The facility will utilize all the property if proper setbacks and requirements are met. He explained that there is ample property for the site and it gives a "homey" look to the residential location as well as calmness and peacefulness. He added that the impact will not be noticeable.

Commissioner Peters asked what would happen if the patients needed extra care. Mr. Farrer said that, since this is only a level one and two facility, hospice can come in for a certain amount of time to care for a patient. The center would be bound by the state and has no plans for more extensive care.

Chairman Carpenter then opened the meeting to public comment. Sarah Hall asked what the master plan and zoning is for Locust Avenue. Mr. Smith replied that the use is residential, which includes "home occupations." A 7-Eleven, however, cannot be put in this zone. He noted that the Locust Avenue is a 66' street right-of-way with 50' of asphalt, curb, and gutter. The street is designed for speeds to 35 mph and posted at 25 mph. He added that the school bus garage is located off Locust presently, but the Alpine School District is planning to move this facility. He noted that the City has little say in what the school district does.

Amy Jones, a resident, living across the street from the potential site, discussed the number of CNA's required. She told the Commission that her son is a CNA and he has told her that the requirement is one nurse to eight people. She suggested that staffing and parking should be more of a concern to the city. Ms. Jones explained that her father-in-law has been in nursing homes in Pleasant Grove and Provo. When holidays arrive, these places become very busy and usually visitors have to walk at least two blocks away. She is concerned about the additional traffic in her neighborhood. She also expressed concern about the safety of Alzheimer or similar type patients, with the number of semi-trucks going in and out of the site for deliveries. Mr. Farrer responded that he would not dispute Ms. Jones' son's nurse to patient ratio, but he has attended orientation and has been told there is no ratio for CNA's to patients. An RN will assess patients on a weekly basis. He said there will be monitors for the patients and they will not be wandering out into the street. This facility, as he mentioned earlier, will be handling light care patients and is not allowed to take Alzheimer patients.

Mike Marchbanks, a resident of Lindon, stated his sister-in-law's property backs to the proposed site and they think it will be wonderful. He felt residential areas are the perfect places for these types of centers. He mentioned he has had family members die in their homes because they didn't have places such as this. Mr. Marchbanks also stressed there are not enough facilities such as this in Lindon to care for the elderly. When he has viewed other facilities such as these, the parking stalls provided seem to be "overkill." The areas are quiet and he feels they add to the amenities in the community.

Joy Lee, a resident on Locust, claimed that she has no problem with the building, but does with the density. She reported that another applicant was denied a permit to build twin homes due to the density and wondered why the Commission was considering this request which would add much more than a twin home. Mr. Smith reiterated that this request does not fall under the same requirements as a home, duplex or condo. Disaster management was mentioned as another concern of nearby residents. Mr. Farrer replied that the state requires a plan for disaster, food, exits, etc.

Susan Holyoak asked for clarification of the care facility levels, and asked how incapacitated a patient can be in a level one facility. She was concerned that if hospice was caring for some of the patients, that this would create more traffic into and out of the facility. She also raised the issue of delivery doors and entrances. Mr. Farrer replied that the deliveries will be made through the front doors. He said there will also be a kitchen facility, TV area and commons area. He went on to say the level of care for these patients is very low. They will be patients with very minimal needs–someone to cook for them, help them dress, bathe and remember their medicine. Occasionally one may fall and need help getting up, but they have full mental capacity and enjoy interacting with others, playing games, watching tv, etc.

Mr. and Mrs. Storstad, residents, felt that all issues have not been covered. They expressed concerns about the additional traffic created by the need for support technicians, such as occupational therapists. They also questioned whether the facility would affect property values in the neighborhood. They agreed that there is a need for a facility such as this, however, they suggested that this location may not be the proper place.

Jenny Anderson asked if the site would become office space if the center should fail. She was assured that the zoning was not changing from residential to commercial. Chairman Carpenter replied that the statutes won't allow them to base approval on the viability of a business. Mr. Smith added that there are certain types of facilities requests, such as those serving residents with disabilities, that are governed under the federal statutes that the City has no control over.

After more discussion, Mr. Farrer again summed up his reasons that the city should approve the request and stated that, if needed, the city can put conditions on the application. A letter was presented from Bob Moore, Planning Division Manager for Orem, stating that once approval was given for a similar facility in their city and built, they found the residents had no problems with it. A resident asked if the city could put the item on hold and have a residential zone change done. It was also asked if the city had a responsibility to the loss of value to others because of approval for a piece of property. Commissioner Sweeten responded that property values are only one consideration the Commission must make amongst many others.

Mr. Gary Otterstrom felt that citizens need to receive more notice. He expressed his dislike over the new Walmart coming to Lindon, and felt it would be nice to have some quaint businesses in Lindon instead. He also was worried about the unfinished state of the Locust Avenue (curb, gutter and sidewalk), stating that the City needs to handle these needs first. Commissioner Peters commented that the City held several meetings regarding the Walmart issue and only one person opposed. He also mentioned that this person was not a resident. He added that usually people do not attend the meetings unless they are opposed to an agenda item. Mr. Smith commented that the City does not build streets or add improvements, and that developers are responsible for installing curb, gutter and sidewalk. He added that the City is improving and repairing streets the best they can with the resources available. Street widening was brought up.

Paul Lesser, resident in the Green Valley Condominiums, observed that the nearby residents should be more concerned because they bought into the existing neighborhood and now the City wants to change that neighborhood. He commented that he and his wife support s the idea of the facility, but would like to review the zoning ordinances and statutes. He believes the Farrer's owe the neighborhood something if they plan to change the neighborhood. He suggested that the Farrer's should, in addition to fencing, help their neighbors by leveling low areas in their yards. He suggested that if neighbors all work together, they can help make a nice community. He wants the Farrers to accept responsibility for the inconveniences their facility will have on the public.

Chairman Carpenter responded to a resident asking about the maintenance of the facility. He explained that the Commission and City Council enforce the conditions set on the property, and reviews the permit when there are complaints from the residents.

Roger Gillis, President of the Green Valley Homeowners Association, said all 50 units in the condos are in favor of the facility. He went on to say the condos look much better than many areas in Lindon and feels this facility will look just as nice. Russ Johnson, Orem resident, said he lives near an assisted living facility and feels it is a pleasure to live near one. He described the facility as two buildings with 17 rooms each, and asserted that the elderly residents are his neighbors. There have been few emergencies and traffic concerns. He added that there are seldom more than five or six cars. He informed the Commission and public that there is one CNA per building on duty. He commented that the residents in this facility are part of the community–they just need a little help. Sarah Hall expressed concerns for children's safety. They cannot cross the walk to school safely as it is now, they need to have parents drive them to school.

Mr. Gardner told the Commission that he had addressed the parking requirements in this design. He noted that Lindon requires one parking space to every two beds and Orem requires one space to every four beds. He felt that the parking needs would be met. He addressed the traffic concerns of the neighbors and observed that these should be considered, but these facilities are generally good neighbors.

Mr. Marchbanks suggested that those neighbors with concerns visit and research other facilities. He expressed the opinion that they would find that the smaller facilities, like Beehive Homes, cannot offer the residents a social life. Mr. Greg Burton told the Commission that he is looking forward to having a local facility. He explained some of the differences between level one and level two facilities. Mr. Farrer commented that he feels Locust Avenue is a good location. It is a collector street close to 400 North and 800 North which are also collector streets. He noted that the number of seniors is going to dramatically increase in the next 25 years and Lindon needs facilities to care for their seniors, especially with two income families that cannot stay at home to care for their parents.

Commissioner Atchison commented that most of the concerns appear to center around items 4, 6, and 7 of the compatibility standard. These are the numbers of employees, transportation and traffic concerns, and parking. Commissioner Peters suggested that possibly item #1 may apply because of the commercial nature of the facility. He agreed with items #6 and #7 and added that #9 may be a concern because of the noise generated by delivery vehicles. He asked if there were concerns with #10 on special public utility requirements. Mr. Smith replied no. Mr. Smith observed that this facility is not a commercial establishment, but a residential facility that basically rents out rooms with some supplemental personal care. He did not feel that item #1 applies to this application. Commissioner Peters expressed the opinion that Locust Avenue is a good location for this facility. He felt that the proposal fits with the Green Valley Condos and that the detention pond helps buffer the facility. He expressed concern, however, with the ten-foot side yard setback. He pointed out the rear setback of thirty feet of the first condo unit and noted that the side of the facility would be within ten feet of this fence. He felt that the setback should be increased, even if the number of units is reduced. He also requested a traffic study, a survey of other cities to see what restrictions they may have set upon facilities, a detailed landscape plan, and more information on the number of employees and staff.

Commissioner Sweeten expressed concern that the facility was too large for the property, but felt that this is a good use. He also noted that many of the neighbors have expressed favor to the idea of the facility, but have concerns about its location in their neighborhood. Commissioner Peters questioned the density of the area with the condominium project there. He suggested that the area is already overbuilt. Commissioner Atchison expressed concerns about the traffic. Mr. Smith observed that he would be willing to meet with neighborhood representatives to review their traffic concerns and evidence. Chairman Carpenter asked Mr. Farrer to quantify how often these facilities are visited by other professions for services to the residents. Mr. Smith suggested that the City Traffic Engineer can give the Commission a good idea of the traffic numbers. He also noted that Mr. Farrer can submit evidence garnered from other facilities. He suggested that the Commission could also consider a field trip to a facility to answer questions.

COMMISSIONER PETERS MOVED TO CONTINUE THE REQUEST BY SCOTT AND MICHELE FARRER FOR MAPLE MANOR, AN ASSISTED LIVING CENTER, AT 514 NORTH LOCUST AVENUE, TO ALLOW THE GATHERING OF MORE INFORMATION FOR THE NEXT MEETING ON JUNE 11, 2003, CONCERNING:
1. TRAFFIC PATTERNS AND NUMBERS;
2. OPTIONS AND RESTRICTIONS ON ASSISTED LIVING CENTERS THAT HAVE BEEN IMPLEMENTED IN OTHER CITIES;
3. MORE DETAILED LANDSCAPING PLANS;
4. POSSIBLY INCREASING THE SOUTH SIDE YARD SETBACK;
5. THE COMPARISON OF THE PERCENTAGE OF BUILDING/LOT COVERAGE AT THIS FACILITY TO OTHER SIMILAR FACILITIES; AND,
6. THE IMPACT OF THIS FACILITY ON NEIGHBORING PROPERTY VALUES.
COMMISSIONER ATCHISON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

The applicant was invited to gather the information requested for the next meeting on June 11, 2003. There was a short discussion to clarify a few items for the benefit of the architect, Mr. Farrer, and the neighborhood representatives present.

5. 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 and the Commission discussed possibly establishing a density maximum for the Westside Residential Master Plan. There was also a short discussion on the State Mandate for Affordable Housing and Lindon's obligations to its citizens. There were plans made for future field trips to visit the Legacy Homes and Trophy Homes developments in Lehi.

6. PLANNING DIRECTOR'S REPORT
a. Lot line adjustment in the Lindon Gateway area (approximately 500 South and 600 West).
b. Potential field trip opportunities in June. (See above)

Mr. Smith informed the Commission that there was a potential development in the Lindon Gateway area by Home Depot that has requested a lot line adjustment to square up the property line. He displayed the requested change. After discussion, the Commission reached consensus to approve the proposed change.

Mr. Smith reported that the Mayor had asked the Planning Commission to add the Pledge of Allegiance to their agenda. The Commission was favorable to this suggestion. Mr. Smith commented that Mayor Ellertson had expressed a concern about the addressing of homes on 800 West with the extension of this street to 700 North. He noted that thirteen homes will be affected if this street is changed to 720 West. He observed that the U.S. Postal Service is not concerned with the proposed address change and that the house numbers would not change, just the street number. The Commission was favorable to the proposed addressing change. Mr. Smith reported that Pleasant Grove wishes to coordinate with Lindon on the alignment of the cross streets on 700 North.

ADJOURN

COMMISSIONER SWEETEN MOVED TO ADJOURN THE PLANNING COMMISSION MEETING AT 9:55 P.M. CHAIRMAN CARPENTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

APPROVED - June 11, 2003

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