The Lindon City Planning Commission held a regularly scheduled meeting on Wednesday, September 24, 2003 at 7:00 p.m. in the Lindon City Center, Council Chambers, at 100 North State Street, Lindon, Utah.

Conducting: Bruce Carpenter, Chairman
Prayer: Bruce Carpenter, Chairman

PRESENT

Bruce Carpenter, Chairman
Ron Anderson, Commissioner
Lori Atchison, Commissioner
Evan Nixon, Alternate Commissioner
Jim Peters, Commissioner
Dustin Sweeten, Commissioner
Lindsey Bayless, Councilmember
Kevin Smith, Planning Director
Venla Gubler, Administrative Clerk
Lorenzo Barcellone, Planning Intern

ABSENT

Lucky Morse, Commissioner
Marilyn Simister, Commissioner

The meeting began at 7:07 p.m.

1. PLEDGE OF ALLEGIANCE

Chairman Carpenter led the Commission and audience in the Pledge of Allegiance.

2. APPROVAL OF MINUTES

There were no minutes to review. The minutes of the meeting of September 10, 2003 will be reviewed at the meeting of October 8, 2003.

3. PUBLIC COMMENT

There was no public comment.

4. NEW BUSINESS (Reports by Commissioners)

The Commissioners had no business to report.

5. AMERICA'S CHOICE AUTO SALES - 405 NORTH GENEVA ROAD - TEMPORARY CONDITIONAL USE PERMIT
This is a request for approval of a temporary used car sales lot. (Two year permit)

Mr. Mark Palmer presented his application for a temporary car sales lot. Mr. Smith displayed an aerial photo of the location behind the One's Auto on Geneva Road. He explained that the applicants planned to place a temporary sales trailer on the lot. Mr. Palmer was asked how many cars he planned to have on display at this location. He replied about twenty. Commissioner Sweeten observed that there was no frontage on a street and asked why Mr. Palmer wanted this location. Mr. Palmer replied that the lot has visibility from the freeway and that's why he feels the location is sufficient.

Mr. Smith commented that this location is within the Light Industrial zone and not the Commercial zone, so it is a conditional use according to the Lindon City Standard Land Use Table. He explained that there is a concern by staff over the number of stored cars that have been in this location in the past. He commented that One's Auto has a problem with this issue and that the property owner had allowed Hub Cap City to store vehicles here in the past, besides storing cars there himself. He told the Commission that he would like the property owner to know that this lot cannot be operated as a salvage yard and that no inoperable vehicles can be stored indefinitely.

Commissioner Sweeten asked where the access is to this lot. Mr. Palmer pointed out a driveway on the south side of One's Auto. Commissioner Nixon asked about One's Auto. Mr. Palmer explained that the property owner had leased the front portion of the lot to another car sales business. Commissioner Nixon confirmed that these two businesses are separate, and the property owner has another business that he operates on the property. Chairman Carpenter asked what interest the property owner had in America's Choice Auto. Mr. Palmer replied that the property owner is his grandfather, Mr. Fox, who also has an interest in the business. He told the Commission that the vehicles stored there previously were repossessions of the funding company of which Mr. Fox is a principle. The funding company holds the title to the property. This was discussed by the Commissioners. Mr. Smith noted that there is a pending application from Certified Transmissions to also locate in this property.

Chairman Carpenter asked Mr. Smith if Mr. Fox was aware of the inappropriateness of storing repossessed cars at this location. Mr. Smith replied that when he had first called the property owner about the issue, he had found him somewhat belligerent. He noted, however, that the vehicles had been moved. Chairman Carpenter explained to Mr. Palmer that if the Planning Commission approves a conditional permit for a used car lot, all the cars must be operable and salable. Mr. Smith agreed, and clarified that the ordinance says that special conditions must be met if storing more than ten inoperable vehicles. Commissioner Peters expressed the opinion that he was unconvinced that the business was selling cars with no frontage. He felt that the permit was just a storage place. Mr. Palmer explained that his business sells mostly RV's. Mr. Smith commented that the ordinance has no requirement for frontage in the Light Industrial zone.

The Commission discussed how the business owners of One's Auto, America's Choice, Certified Transmission and the funding company would share the property. Mr. Palmer pointed out which areas of the lot and building would be specified for each business. Commissioner Peters asked how long a repossessed vehicle is stored before transport to a dealer or auction. Mr. Palmer replied ten days. Commissioner Peters asked if these vehicles would be stored here also. Mr. Palmer replied no. Chairman Carpenter asked how separate the businesses would be and if there were any storage requirements for the businesses. He noted that vehicle storage for inoperable vehicles would not be approved. Commissioner Anderson explained to Mr. Palmer that the Planning Commission was concerned about how the business will operate to see if it will fit in the area and zoning district. Commissioner Nixon commented that he felt that a temporary permit was beneficial because it will allow the City to scrutinize the operation and find out how they intend to operate. He felt that a shorter time period may be warranted.

The Commissioners discussed placement and orientation of the signs for the business. The location of the temporary office trailer was discussed. Commissioner Nixon asked if the applicants planned to asphalt the lot. Mr. Palmer replied that they would like to blacktop the portion that Certified Transmission will use, but they plan gravel for their portion for now. Eventually they would like to asphalt the whole lot.

Chairman Carpenter asked if Mr. Palmer had a sense of the owner's resistance now. Mr. Palmer replied that he is aware that the property must be cleaned up in order to operate. Chairman Carpenter suggested that if this portion is run properly, it may be used to pressure the nonconforming neighbor. Mr. Palmer indicated that he had no intention of running a business similar to One's Auto. His will be "clean and upscale." The Commissioners discussed One's Auto. Commissioner Anderson commented that he was concerned about Certified Transmission's storage needs. Chairman Carpenter asked if the business plan for America's Choice was contingent on having Certified Transmission. Mr. Palmer replied that the option had been raised to him after his business plan was in place and he was not planning on income from this business to supplement. Commissioner Nixon asked about plans for the "back triangle." Mr. Palmer replied that this area is fenced off and will not be used.

The Commissioners discussed Mr. Palmer's plans to display and store RV's for sale. Commissioner Anderson pointed out that there were only seven parking stalls shown on the site plan. Mr. Palmer replied that these stalls were for customer parking and not display parking. Chairman Carpenter commented that the parking needs to be sufficient to avoid problems with customer and employee parking. Commissioner Nixon added that the City did not want these people parking on Geneva Road.

The Commissioners asked the acreage of the parcel. Mr. Smith replied that it contained about an acre. Commissioner Sweeten suggested a limit on the number of RV's and cars. Commissioner Nixon asked Mr. Palmer his anticipation of numbers. Mr. Palmer replied that his initial numbers would be three RV's and ten cars, but that he hoped to expand to about thirty-five total. Commissioner Nixon suggested that this space would hold 40-50 adequately. He suggested limiting the temporary permit to one year to allow for a review and a possible extension of one year. It was noted that a temporary permit has a maximum time limit of two years and if the extension is wanted beyond that time, the business must be made a permanent conditional use.

Chairman Carpenter cautioned the applicant that there must be no storage of vehicles not for sale. Commissioner Peters asked about fencing plans. Mr. Palmer replied that the parcel was already fenced with chain link and barb wire.

COMMISSIONER NIXON MOVED TO APPROVE THE REQUEST BY RAY FOX FOR A TEMPORARY CONDITIONAL USE PERMIT FOR AMERICA'S CHOICE AUTO SALES LOCATED AT 405 NORTH GENEVA ROAD WITH THE FOLLOWING CONDITIONS:
1. THAT THERE IS NO OUTSIDE STORAGE OF INOPERABLE VEHICLES,
2. THERE BE NO MORE THAN FIFTY VEHICLES ON SITE, EITHER FOR SALE OR OTHERWISE, AND
3. THE TEMPORARY CONDITIONAL USE HAS A LIMITATION OF ONE YEAR WITH A REVIEW AND POSSIBLE EXTENSION FOR ONE MORE YEAR. THE PERMIT CANNOT BE EXTENDED BEYOND TWO YEARS.
COMMISSIONER SWEETEN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

6. ORDINANCE AMENDMENT - 17.44.- R1-SINGLE FAMILY RESIDENTIAL
This is a staff request to amend in its entirety the single family residential section of the zoning ordinance.

Mr. Smith informed the Commissioners that the copy of 17.44 in the staff report is a redraft or update from the previous meeting's comments. Commissioner Peters commented that some of the existing sport courts in Lindon violate this ordinance, yes he does not see problems with the existing ones. Mr. Smith explained the complaints that he had received from neighbors for exceedingly high fences with shading materials along fences. He showed aerial pictures to demonstrate the concerns. He observed that this ordinance would require fences to stay at the lower height or move away from the property line, and restrict sport courts to back yards. Commissioner Peters suggested that the Planning Commission be given the leeway to make the judgement on the height of a sport court fence. Chairman Carpenter commented that the applicant would have to demonstrate that the neighbors are not, either now or in the future, adversely impacted. Councilmember Atchison suggested that the ordinance should specify the conditions of approval. Mr. Smith commented that residents often want protection without becoming adversarial with their neighbor. They want the City to be the "bad guy." Commissioner Anderson commented that the burden of proof falls upon the applicant.

Chairman Carpenter asked if the two residential zones listed are the only ones we have in Lindon. He suggested that, in the interests of conciseness and clarity, the requirements could be combined. Mr. Smith replied that, although the requirements for each residential zone are the same now, future Commissions or Councils may want to have separate and different requirements for each zone. Listing the requirements this way makes amending the ordinance easier in the future.

Councilmember Bayless pointed out that there is an exception for corner lots in the lot width requirement, but there is no explanation of the exception. After discussion, the Commissioners decided that the required lot width is equal to the required lot depth, so either way a lot faces, it will have a minimum one-hundred-feet of frontage on both sides of the corner. Chairman Carpenter suggested that the exception for corner lots can therefore be removed. The Commissioners agreed.

Commissioner Anderson questioned the lot depth requirement that prohibits lots of five acres or less to be more than three times as long as they are wide. He expressed the opinion that this will make many lots in Lindon unable to receive a building permit. Chairman Carpenter asked what this requirement is restricting and what it is achieving. Mr. Smith explained that this prevents the creation of long, narrow lots that do not have enough frontage to potentially subdivide. He also noted that this is not a new requirement and has been in the Code for many years. Commissioner Nixon suggested that not allowing development and creating large narrow back yards maintains open space, which is one of Lindon's goals. He pointed out that this type of lot is conducive to the development of "horse lots." Commissioner Sweeten and Chairman Carpenter expressed favor to deleting this requirement. Commissioner Nixon commented that the only drawback he could see to this is that the back part is so far away from the home that situations may be created that impact their neighbors more than themselves. Mr. Smith pointed out just such a situation that he is dealing with now. The Commissioners discussed whether to leave in the requirement or delete it. Chairman Carpenter observed that the City is not in the business of creating an ordinance to address every problem that may present itself. Mr. Smith was asked to remove the requirement.

Commissioner Nixon questioned the accessory building requirements. He suggested that, if the ordinance does not allow an accessory building taller than the home, how can residents build a barn if their home is a rambler. Mr. Smith replied that agricultural buildings are handled separately from other accessory buildings and those requirements are found in the animal control ordinance. Chairman Carpenter suggested a reference to the animal ordinance might be appropriate here. Commissioner Peters brought up large buildings that were once agricultural, but have now been converted to commercial uses and pointed out the Colledge property. Commissioner Anderson suggested that these buildings need to be set back additional distance to protect the neighbors from the commercial enterprises within. Commissioner Nixon suggested thirty feet is the rear setback of the building envelope and this may be sufficient. The Commissioners agreed.

Commissioner Peters asked about the distance between an accessory building and the side property line when the building is between the main structure and the side property line. Commissioner Nixon asked the reason for this ten-foot setback. Mr. Smith explained that an accessory building within the side yard of a home has the appearance of being attached to the home. Chairman Carpenter asked if the objection is the extension of the roof line or the total structure size. Mr. Smith explained that both these reasons qualify. Chairman Carpenter suggested some corrections to clarify this section. He observed that the reference to section three in line eleven should be referring to section one. He also suggested a period after twelve feet and the deletion of the rest of the sentence on line forty-four. He pointed out that the next clause repeats this requirement. After discussion, the Commissioners agreed. He asked if there were other corrections or comments. There were none.

COMMISSIONER SWEETEN MOVED TO APPROVE THE REQUEST TO AMEND, IN ITS ENTIRETY, SECTION 17.44. R1 - SINGLE FAMILY RESIDENTIAL ZONES OF THE LINDON CITY CODE AND RECOMMEND APPROVAL TO THE CITY COUNCIL WITH THE FOLLOWING RECOMMENDATIONS:
1. ADD A CLAUSE TO 17.44.160(2) THAT ALLOWS THE PLANNING COMMISSION TO APPROVE TWELVE-FOOT FENCES ON SIDE OR REAR PROPERTY LINES IN CASES THAT DO NOT ADVERSELY AFFECT THE ADJOINING PROPERTY.
2. REMOVE THE PHRASE "EXCEPT CORNER LOTS" FROM 17.44.030(1).
3. REMOVE THE CLAUSE "NO LOT WHICH IS FIVE ACRES OR LESS SHALL BE CREATED WHICH IS MORE THAN THREE TIMES AS LONG AS IT IS WIDE" FROM 17.44.040.
4. REFER TO SECTION ONE INSTEAD OF SECTION THREE IN 17.44.150(2).
5. REMOVE THE PHRASE "AND SHALL NOT BE CONSTRUCTED ON FRONT, SIDE, OR REAR PROPERTY LINES" FROM SECTION 17.44.160(2)(b).
COMMISSIONER NIXON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

7. PLANNING DIRECTOR'S REPORT

Mr. Smith presented the Commissioners with the option to attend several conferences this fall. He announced a conference on water to be held in Springdale during the UEA week and the annual APA conference at Fort Douglas on October 23 and 24. He noted that Planning Intern Lorenzo Barcellone was preparing information on the west side residential plan for the next meeting. He observed that Lexus of Lindon would be on the next agenda, Walmart was moving forward, and that an application from Utah Pacific Bridge and Steel would be heard. There was a discussion of Schaeffer Industries and the Tomlinson property on 600 North.

ADJOURN

THE COMMISSIONERS REACHED CONSENSUS AT 8:33 P.M. TO ADJOURN THE PLANNING COMMISSION MEETING.

APPROVED - October 8, 2003

back to top