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Home » City Government » Planning Commission » Planning Commission Schedule 2005 (Agendas and Minutes) » Planning Commission Minutes 2005 » August 24, 2005
August 24, 2005
The Lindon City Planning Commission held a regularly scheduled meeting on Wednesday, August 24, 2005, beginning at 7:00 p.m., in the Lindon City Center, City Council Chambers, 100 North State Street, Lindon, Utah.
Conducting: Dustin Sweeten, Chairperson
Pledge of Allegiance: Dustin Sweeten
Invocation: Marilyn Simister, Commissioner
PRESENT ABSENT
Dustin Sweeten, Chairperson Evan Nixon, Commissioner
Ron Anderson, Commissioner
Julie Bryner, Commissioner
Gary Godfrey, Commissioner
Jim Peters, Commissioner
Marilyn Simister, Commissioner
Adam Cowie, Planning Director
Debra Cullimore, Deputy Recorder
The meeting was called to order at 7:12 p.m.
APPROVAL OF MINUTES –
The minutes of the regular meeting of August 10, 2005 were reviewed. The following corrections were made:
Page 4, Line 29: change the word “parking” to the word “park”.
Page 5, Line 21: delete the words “possible safety concerns related to”.
Page 7, Line 35: change the name from “Commissioner Nixon” to “Commissioner Godfrey”.
Page 8, Line 11: delete the word “consensus” and add the words “feeling of the majority”.
Page 10, Line 11: add the words “and that informational presentations should be scheduled at the end of the agenda”.
Page 12, Line 9: remove Commissioner Nixon’s vote.
COMMISSIONER BRYNER MOVED TO APPROVE THE MINUTES OF THE AUGUST 10, 2005 MEETING AS CORRECTED. COMMISSIONER PETERS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
PUBLIC COMMENT –
There was no public comment.
CURRENT BUSINESS –
1. Public Hearing - Standard Land Use (SLU) Table code change to allow “above ground” electric lines. (SLU #4811 – Electric Utility Lines – above ground). This is a modification to the SLU Table to allow above ground installation of high voltage power lines greater than a specific kilovolt (kV) by issuance of a Conditional Use Permit.
COMMISSIONER ANDERSON MOVED TO OPEN THE PUBLIC HEARING FOR THE STANDARD LAND USE TABLE CODE CHANGE. COMMISSIONER PETERS SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mr. Cowie reviewed this item. He stated that the current Standard Land Use Table requires all utility lines to be under grounded in all zones. It has come to the attention of the City through the PacifiCorp application that any additional requirements beyond the proposal submitted by the applicant are required to be paid for by the municipality. Mr. Cowie noted that cost estimates for under grounding of the proposed power lines are several million dollars, which the City would be required to pay. Mr. Cowie reviewed the proposed changes to the Standard Land Use Table. He noted that #4809 would allow above ground power lines as a conditional use permit, which would require review and approval of the Planning Commission.
Commissioner Simister inquired as to the reasons for the additional expense for under grounding of lines as opposed to overhead lines. PacifiCorp representative Ken Short informed her that the additional expense in created due to the amount of insulation required, the additional trenching and conduit, and restoration of the trenched area, which can be up to twenty five feet wide. Chairperson Sweeten inquired as to the estimated cost for under grounding of this project. According to Mr. Short, under grounding of this project would create an additional cost of 3.5 – 5.5 million dollars per mile.
Commissioner Godfrey noted that Mr. Cowie had stated that the proposal had been reviewed by staff, and inquired as to what staff members had been involved in the review process. Mr. Cowie reported that City Administrator Ott Dameron, City Engineer Mark Christensen, Public Works Director Don Peterson, Fire Chief Mark Hales, and he had all reviewed the project, and had all recommended the change to the Standard Land Use Table, due to the fact that under grounding of the lines would be a significant expense which the City did not wish to incur. Mr. Cowie noted that state statute specifies clearly that any additional expense for the proposed project must be paid by the municipality within thirty days. If an application is denied by a municipality, the utility company can appeal the decision to a State utility board. According to Mr. Cowie, the appeal process is in place to prevent any municipality from restricting utility service to a regional or county wide area. Mr. Cowie pointed out that the requirements are established by the State, and the City is required to abide by them. Chairperson Sweeten observed that the conditional use permit would allow the City to limit the location of overhead lines, and provide an opportunity for the City to fund under grounding of lines in areas of particular concern, such as parks.
Chairperson Sweeten called for public comment. Hearing none, the public hearing was closed.
COMMISSIONER ANDERSON MOVED TO CLOSE THE PUBLIC HEARING FOR THE STANDARD LAND USE TABLE CODE CHANGE. COMMISSIONER GODFREY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
COMMISSIONER PETERS MOVED TO APPROVE THE CHANGE TO THE STANDARD LAND USE TABLE #4811 AND ADD TO THE STANDARD LAND USE TABLE #4809 – “ELECTRIC UTILITY LINES – ABOVE GROUND & GREATER THAN 35KV” AS A CONDITIONAL USE IN ALL ZONES, AND RECOMMENDED APPROVAL TO THE CITY COUNCIL. COMMISSIONER ANDERSON SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
CHAIRPERSON SWEETEN AYE
COMMISSIONER ANDERSON AYE
COMMISSIONER BRYNER NAY
COMMISSIONER GODFREY AYE
COMMISSIONER PETERS AYE
COMMISSIONER SIMISTER NAY
THE MOTION CARRIED (4-2) WITH ONE ABSENT.
Nay Votes –
Commissioner Simister stated that she voted against this motion because she felt that options for payment of under-grounding the lines should be explored. She felt that overhead lines are unattractive, and that the City should explore other options before allowing the installation of overhead lines.
Commissioner Bryner felt that overhead power lines and the associated poles were not consistent with the image the Commission is attempting to create in Lindon. She agreed that other options for funding under-grounding of the lines should be explored prior to approving the overhead lines.
2. Conditional Use Permit – Electric transmission line upgrade along 2000 West near the landfill and along 200 South. This is a request by PacifiCorp/Utah Power for approval of a conditional use permit to allow construction of two new double circuit 138 kilovolt (kV) transmission lines, and upgrade of an existing single-circuit 138kV transmission line to a double circuit 138kV transmission line.
Mr. Cowie introduced DeLynn Rodeback, Regional Community Manager for PacifiCorp, and Michael Doyle, Project Manager EPG, as the representatives for this item. Mr. Cowie stated that the proposal by PacifiCorp is to upgrade transmission lines from 138kV single circuit to 138kV double circuit lines. Mr. Cowie reported that the proposal includes replacing the existing wooden H-frame poles with steel mono-poles, which will be 90 – 110 feet tall. There will be variations in the height of the poles based on ground elevation and clearance of other structures in the area. Commissioner Anderson asked if there would be any variation in the spacing of the poles. Mr. Doyle stated that the poles will be placed with a 600 foot separation, except on 200 South, where the poles will have a 400 foot separation to accommodate the distribution lines.
Mr. Cowie noted that the City Council has expressed concern regarding the location of new poles and transmission lines along 2000 West. DRC Staff requested that the applicant consider re-routing the lines to the west side of the landfill to provide a visual buffer from the new poles and eliminate potential easements that my affect 2000 West or create road closures during construction or maintenance of the lines. The applicants approached the landfill board with this proposal and received a negative response. Mr. Cowie suggested that the Planning Commission address this option, and make a recommendation to the City Council regarding placement of the transmission lines to ensure that the project is compatible with the surrounding land uses and promotes the health, safety, and welfare of the community.
Mr. Cowie suggested that the Commission recess for a short period to view maps of the area to determine the location of the proposed lines and the possible impact on neighboring properties. Chairperson Sweeten called for a short recess to view the maps at 7:50 p.m. The meeting was reconvened at 8:00 p.m., and Chairperson Sweeten called for further discussion.
Commissioner Peters observed that during work on private projects which have involved installation of power lines, Utah Power has been very difficult to work with, and has made unreasonable demands which have created excessive expense for him. He commented that Utah Power is the only power company, and their demands must be met. Chairperson Sweeten expressed similar frustration regarding private projects he has been involved with.
Chairperson Sweeten inquired as to alternate routes which have been considered, and how the decision was made to pursue this route. Mr. Doyle stated that the criteria used to determine a specific route included construction and engineering of the project, available right of ways, associated costs, public comments, and aesthetics. He noted that the route requested by the Council had been considered. However, upon review it was determined that there would be significant problems associated with that route. The route would require the lines to cross over several buildings on the landfill site, including offices and the transfer station. Mr. Doyle noted that some separation from existing buildings would be necessary. Mr. Doyle also reported that Roger Harper, of the transfer station, had informed PacifiCorp that an expansion is planned for the northern portion of the transfer station property, and placement of the lines over the existing transfer station would create a significant conflict in relation to the planned expansion. Mr. Doyle stated that the placement of the power lines as proposed by PacifiCorp would use existing easements, while rerouting would require acquisition of right-of-ways with surrounding property owners. Mr. Short pointed out that it will be necessary to connect the lines the Shoreline Substation in the future, and the proposed placement of the lines will facilitate that connection with minimal changes in the future.
Commissioner Bryner asked if any poles would be eliminated as a result of this project. Mr. Doyle stated that there is a possibility that the number of poles will be reduced. Mr. Short noted that the final design of the project is still being evaluated, and the exact placement of each pole is not yet finalized.
Commissioner Anderson asked the applicants if the company has eminent domain rights in the event that property owners are not willing to negotiate with the company for easements. Mr. Short stated that while they do have eminent domain, it is used only as a last resort, and that PacifiCorp will make every effort to negotiate a fair price for easements. If it becomes necessary to acquire easements through the use of eminent domain, a fair price for the ground is still paid to the property owner.
Commissioner Godfrey noted that the estimates for the cost of under grounding of the lines had been provided by PacifiCorp. He felt that an independent estimate may more accurately reflect the actual cost for under grounding of the lines. Commissioner Godfrey suggested that PacifiCorp should be responsible to provide an independent cost estimate.
Commissioner Godfrey observed that it may have been beneficial to have a City representative present at the meeting with the Landfill Board. Chairperson Sweeten noted that Councilmember Hatch had represented the City at the meeting. Mr. Doyle pointed out that Councilmember Hatch was not in favor of the proposed placement of the lines, and had voted against the proposal during the Landfill Board meeting. Councilmember Hatch felt that the lines should be placed at the rear of the transfer station.
Commissioner Anderson expressed concern regarding possible traffic problems during construction of the project. He noted that 2000 West is a narrow road, and asked if a road closure would be necessary. PacifiCorp representatives stated that several closures for short time periods were anticipated, but that closures are expected to be for approximately four hours at a time. There is a possibility that one lane may be left open at all times. Commissioner Godfrey noted that 2000 West is used by garbage truck for the entire valley to access the transfer station, and is heavily traveled. The contractor stated that they will make an effort to have only a lane closure, and not the entire road, in order to accommodate necessary traffic on the road. There was discussion among the Commission regarding the need to have a plan regarding road closures in place prior to construction. Chairperson Sweeten inquired as to the time frame for construction. The contractor for the project stated that construction is scheduled to begin in January 2006, and is scheduled for completion by May 15, 2006.
Chairperson Sweeten recommended that the application be forwarded to the City Council, and felt that the Council could review placement of the lines further. Chairperson Sweeten called for further comments or discussion. Hearing none, he called for a motion.
COMMISSIONER PETERS MOVED TO APPROVE THE REQUEST BY PACIFICORP & UTAH POWER FOR A TRANSMISSION LINE UPGRADE AND THE INSTALLATION OF NEW TRANSMISSION LINES AND RECOMMEND APPROVAL TO THE CITY COUNCIL WITH THE FOLLOWING RECOMMENDATIONS:
1. THAT THE APPLICANT SUBMIT A TRAFFIC PLAN FOR ROAD CLOSURES TO MITIGATE TRAFFIC CONCERNS ASSOCIATED WITH THE INSTALLATION OF THE POWER POLES AND LINES.
2. THAT THE APPLICANT PROVIDE DOCUMENTATION OF THE ESTIMATED COST ASSOCIATED WITH UNDER-GROUNDING THE LINES.
COMMISSION ANDERSON SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
CHAIRPERSON SWEETEN AYE
COMMISSIONER ANDERSON AYE
COMMISSIONER BRYNER AYE
COMMISSIONER GODFREY NAY
COMMISSIONER PETERS AYE
COMMISSIONER SIMISTER AYE
THE MOTION CARRIED (5-1) WITH ONE ABSENT.
Nay Vote –
Commissioner Godfrey stated that he voted against this motion because he felt that an independent estimate of under-grounding costs should be provided by PacifiCorp.
3. Grading Plan Review – Canberra Heights, Plat A, Lot 8 – 92 South Denali Drive. This is a review of a grading plan for the Moon residence for conformance with the Hillside Overlay requirements.
Scott Jones of A2 Homes was the representative for this item. Mr. Jones reviewed specifics of the lot configuration and engineering comments, including the location of retaining walls and the grade of the lot. Mr. Jones noted that engineering comments had specified that the driveway should be one foot higher. He felt that a six inch grade change would be adequate. Mr. Jones commented on City code which states that no fill can be used within twenty feet of the property line. Chairperson Sweeten observed that the Planning Commission can allow fill to be used if engineering concerns are addressed. Mr. Cowie stated that there are no significant staff concerns with this grading plan.
Mr. Jones went on to discuss the proposed drainage system for the lot. He stated that some drains will feed the landscaping. Commissioner Peters commented that using drains to feed landscaping could be problematic, and suggested that the downspouts be tied to drains and routed to the rear of the home.
Commissioner Godfrey inquired as to location of the aqueduct easement. Mr. Jones stated that there is a required thirty five foot setback from the aqueduct, and that the home is an additional twenty eight feet from the required setback.
Commissioner Bryner noted during the discussion that she is familiar with the applicants, but has no conflict of interest on this item.
Chairperson Sweeten called for further comments or discussion. Hearing none, he called for a motion.
COMMISSIONER BRYNER MOVED TO APPROVE THE GRADING PLAN FOR LOT 8 OF CANBERRA HEIGHTS PLAT A, WITH THE FOLLOWING CONDITION:
1. THAT ANY ENGINEERING COMMENTS OR CONCERNS ARE ADDRESSED TO THE SATISFACTION OF THE CITY ENGINEER.
COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
4. Public Hearing – New Commercial Design Guidelines. The Commission will hear public comment on the proposed Commercial Design Guidelines for State Street and the 700 North Corridor.
COMMISSIONER GODFREY MOVED TO OPEN THE PUBLIC HEARING FOR COMMERCIAL DESIGN GUIDELINES. COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
Mr. Cowie reviewed the discussion held during a joint Planning Commission and City Council Work Session held August 23, 2005. Mr. Cowie reported that it seemed to be the consensus of the City Council and the Planning Commission that the information provided by CRS Architects was very general, and was not sufficient to specify any commercial design guidelines. Following the meeting, CRS Architects was asked to observe a variety of historical buildings in Lindon, and make recommendations based on architectural elements found in the historical buildings.
The Commission discussed specific elements of the guidelines proposed by CRS Architects, as well as various elements which are found in historic buildings within the City.
Mr. Cowie inquired as to the possibility of farmland preservation. Commissioner Peters noted that farmland preservation was not a consideration in the Master Plan. Commissioner Anderson noted that he attended a meeting several years ago where information was presented regarding preservation of agricultural land. He noted that the small area of farmland left in Lindon did not make preservation a viable option. Mr. Cowie commented that he is aware of several communities where farmland has been preserved, and then leased at a minimal cost for agricultural use. Commissioner Godfrey suggested that the possibility of farmland preservation may be worth exploring if Mr. Cowie had any avenues to pursue.
Chairperson Sweeten called for public comment. Hearing none, the public hearing was closed.
COMMISSIONER GODFREY MOVED TO CLOSE THE PUBLIC HEARING FOR COMMERCIAL DESIGN GUIDELINES. COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
NEW BUSINESS – Reports by Commissioners
Commissioner Bryner noted an area of weeds she had observed near I-15 at Printing Resource. She commented that the weeds were near the landscaped area, and asked if the Commission had approved an expansion of the business which would require landscaping in the area of the weeds. Commissioner Godfrey observed that the weeds could be removed according the nuisance ordinance. Staff will follow up on the report.
Chairperson Sweeten requested an update on the signs on the Graphik Signs building. Mr. Cowie stated that the existing signs will be removed and replaced with six smaller signs. The new signs were approved under the old sign ordinance, and will be 20% of the wall space. Mr. Cowie noted that if the signs are not completed within 180 days the permit will expire, and the business will be required to comply with the new sign ordinance.
Commissioner Bryner inquired as to the status of the sign application for Skyline Exhibits. Mr. Cowie reported that the Mayor has not signed the new ordinance, and that the Council will review the ordinance again for a possible revision to the required 500 foot distance between signs. The Council will consider reducing the required separation to 400 feet.
Commissioner Peters suggested the City consider placing a limit on the number of check cashing businesses which will be allowed to locate in the City. He noted that one such business is already approved for State Street, and felt that with the limited amount of space available it would not be appropriate to allow additional similar businesses. Commissioner Godfrey observed that such businesses do not produce a large amount of revenue for the City. Mr. Cowie suggested the possibility of limiting the number of allowable check cashing businesses by way of a required separation distance.
Commissioner Peters commented on the designated location for sexually oriented businesses. He observed that the area reserved for such businesses now has several facilities, such as soccer and gymnastics facilities, where children would be present. He suggested the City consider an alternate location for such businesses.
Commissioner Simister requested that the Planning Commission review any exterior remodel application for buildings on State Street. Mr. Cowie stated that interior remodeling projects would not be reviewed, but agreed that any exterior changes should be approved by the Planning Commission.
Commissioner Simister inquired as to the status of the construction of the Lindon Retail Center near Wal-Mart. Mr. Cowie informed her that minutes of the City Council meeting where the project was approved are not available due to a computer problem. However, it appears that the buildings are not being constructed in compliance with the requirements of the City Council and Planning Commission. Mr. Cowie and Chief Building Official, Phil Brown, have been in contact with the contractor and area attempting to address the problems. The architect for the project has requested to address the City Council regarding the requirements. Mr. Cowie noted that the project is moving forward based on the requirements listed on the building permit.
Commissioner Simister noted that during discussion of the PacifiCorp application, PacifiCorp representatives had mentioned the possibility of the power poles being brown in color. She requested that the City Council consider requiring the brown poles.
PLANNING DIRECTOR’S REPORT –
Mr. Cowie informed the Commission that Planning Intern John Martineau has agreed to continue his internship with the City through this school year and possibly through the summer of 2006. Mr. Martineau will work Tuesday and Thursday, as well as be present for Planning Commission meetings. Mr. Cowie stated that Mr. Martineau is an excellent intern, and that his skills are a great benefit to the City.
Mr. Cowie noted that applications on the project tracking list have slowed down. He observed that there are several ordinance changes which need to be considered. He suggested that the Commission allow approval of grading plans on a staff level. Mr. Cowie commented that this change would require an ordinance change, as the current ordinance requires Planning Commission approval of grading plans. It was the consensus of the Commission the grading plans could be approved on a staff level.
Mr. Cowie stated that while he makes an effort to convey individual concerns expressed during discussions of items by the Planning Commission to the City Council, some motions may not reflect the consensus of the Commission. Mr. Cowie suggested that if a motion receives an aye vote from all Commissioners, then it reflects a consensus, and that if a Commissioner has a specific concern regarding any portion of a motion, a nay vote would be appropriate. He also suggested that those specific concerns be listed for review by the City Council. Mr. Cowie noted that denial of an application must be based on elements of the code, and cannot be denied based on personal preference. Documentation of the reason for denial is also required. Mr. Cowie stated that if an item is denied, documentation will be presented to the Commission of the code related to the denial at the next regular meeting.
Mr. Cowie reported that Heritage Youth Services was scheduled for a six month review in September. However, the business has not yet occupied the site. Commissioner Godfrey suggested that the review take place six month after the site is occupied. Mr. Cowie commented that Heritage Youth Services representatives have suggested that Commissioner Anderson inspect the site prior to them occupying the building, as his property is adjacent to the site.
Mr. Cowie informed the Commission that a joint work session is scheduled for September 20th at 6:00 p.m. prior to City Council meeting to review new LUDMA requirements. Several Commissioners expressed that it would be difficult for them to attend a Tuesday night meeting. Mr. Cowie stated that the meeting was scheduled prior to City Council meeting due to the fact that General Plan Committee meetings are held on Wednesday evenings prior to Planning Commission meetings. Mr. Cowie will discuss meeting times with Mr. Dameron and the City Council and advise the Commission of the meeting date and time.
ADJOURN –
COMMISSIONER GODFREY MOVED TO ADJOURN THE MEETING AT 9:40 P.M. COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED – September 14, 2005
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Dustin Sweeten, Chairperson
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Adam Cowie, Planning Director
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