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Home » City Government » Planning Commission » Planning Commission Schedule 2005 (Agendas and Minutes) » Planning Commission Agendas 2005 » October 26, 2005
October 26, 2005
The Lindon City Planning Commission held a regularly scheduled meeting on Wednesday, October 26, 2005, beginning at 7:00 p.m., in the Lindon City Center, City Council Chambers, 100 North State Street, Lindon, Utah.
Conducting: Marilyn Simister, Vice Chairperson
Pledge of Allegiance: Matt Bean, Commissioner
Invocation: Julie Bryner, Commissioner
PRESENT ABSENT
Marilyn Simister, Vice Chairperson Jim Peters, Chairperson
Ron Anderson, Commissioner
Matt Bean, Commissioner
Julie Bryner, Commissioner
Gary Godfrey, Commissioner
Evan Nixon, Commissioner - Arrived 7:20
Adam Cowie, Planning Director
Debra Cullimore, Deputy Recorder
The meeting was called to order at 7:03 p.m.
APPROVAL OF MINUTES –
The minutes of the regular meeting of October 12, 2005 were reviewed. The following corrections were made:
Page 5, Line 8: change the name “Peters” to the name “Godfrey.”
Page 5, Line 15: change the word “specification” to the word “specific.”
COMMISSIONER BRYNER MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 28, 2005 AS CORRECTED. COMMISSIONER BEAN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
PUBLIC COMMENT –
There was no public comment.
CURRENT BUSINESS –
1. Major Subdivision – Lindon Treasury Subdivision – West of Main Street between 40 South and 200 South. This is a request by Ronald Hatfield for approval of a 19 lot subdivision. One parcel will be in the General Commercial zone, and remaining 18 lots will be in the R1-20 residential zone.
Ron Hatfield was present at the meeting as the representative for this item. Mr. Cowie explained that the proposal submitted by Mr. Hatfield includes 19 residential lots. Eighteen lots are proposed in the R1-20 zone, and the remaining lot is proposed in the CG. Mr. Cowie noted that there are two existing dwellings, with 17 additional proposed dwellings.
Mr. Cowie went on to explain that there may be significant changes to the original application submitted by Mr. Hatfield. One owner of the neighboring Ace Rents property has expressed concern regarding the development, and has not agreed to participate at this time. If the Ace Rents property is excluded from the development, the proposed layout of the development would not be possible.
Mr. Cowie noted that there were several residents present at the meeting to address this application. However, he suggested that no public comment be taken at this meeting, but that the revised application be re-noticed and public comment taken at that time.
Mr. Cowie noted that a master planned road is shown in the area of the development. However, Mr. Cowie felt that the intent of the master planned road was to access the Hatfield property, and that roads proposed as part of the development create the necessary access to the property, making the master planned roadway unnecessary. The Commission went on to discuss the layout of various proposed roads and master planned roads in the area of the development, and the effect those roads may have on the Price property and other neighboring property owners and residents in the area. Approval of any proposed roadways will take place at a later meeting when any application revisions are complete.
Commissioner Simister inquired as to the installation of sewer lines for the development. Mr. Cowie stated that a preliminary agreement has been reached to allow a sewer easement which would connect to 200 South. Mr. Cowie noted that it is the preference of the City that sewer lines be located in the street, but that the sewer easement could be allowed.
Commissioner Simister asked the opinion of Commissioners regarding public comment at this meeting. She noted that the application may change significantly prior to approval. Commissioner Nixon felt that residents had put forth the effort to attend the meeting and should be allowed to express their views.
Lindon resident Jeanna Condor commented that she and her husband, Darrin, are planning to construct a home in the area of the master planned road. She observed that if the master planned road were constructed, it would virtually eliminate the possibility that the home could be built on the site. Ms. Condor stated that it would be her preference that the master planned road be eliminated, and that the road proposed as part of the development be used to create the necessary access.
Lindon resident Gary Green expressed concern regarding traffic safety in the area if the road is allowed as proposed in the current application. He noted that the roadway will end across from his mailbox, and there may be a significant increase in traffic. Mr. Green observed that traffic speed is an existing problem in the area, and additional traffic may aggravate the problem. He suggested the proposed road be realigned to connect with existing roads. Commissioner Anderson noted that realignment of the roadway would not allow development of one lot, and that the proposed alignment allows development of that lot. Mr. Green felt that realignment of the roadway to connect with existing roads would increase possible outlets and minimize traffic concerns. Commissioner Simister noted that an auto pedestrian accident had occurred in the area of the proposed road last year. She felt that the hill and narrow road in the area may have contributed to the accident.
Lindon resident Dustin Sweeten observed that the proposed road alignment may create a non-conforming double frontage lot. He felt that road alignment should be considered to minimize impact on property owners in the area. Mr. Sweeten commented that the City does not typically allow roads which are not aligned.
Lindon resident Doug Page felt that the proposed alignment of the road may create some safety concerns. He suggested that traffic studies be conducted in the area prior to approval of any proposed roads.
Lindon resident Nila Wooton inquired as to a trail on 40 South which is included on a map she had observed at Meet the Candidates Night the previous evening. Councilmember Bayless commented that a trail is not master planned for that area.
Lindon resident Carolann Page inquired as to future plans for widening of 40 South. She noted that 40 South appears to serve as a collector street in the area. Mr. Cowie stated that the road is identified in the Master Plan as a 50 foot local residential road, and is not identified as a collector street. Commissioner Nixon observed that a future connecting road between 400 West and State Street may reduce the traffic flow on 40 South.
Ms. Wooton expressed concern regarding possible sewer problems in the area if the proposed development is allowed. She stated that the sewer main in the area has “backed up” into her home twice. Ms. Wooton felt that twenty additional homes in the area may cause an increase in such problems.
Mr. Green commented on possible storm drain problems associated with the proposed development. Mr. Cowie stated that storm drain installation would be required as part of the proposed development.
Lindon resident Ursula DeLeeuw expressed concern regarding the possible impact the proposed road may have on families with young children in the area. She felt that the development may cause a significant increase in traffic flow in the area. Ms. DeLeeuw observed that the proposed roadway would bisect the Price property, and that the Price family may not be agreeable to that alignment. Ms. Deleeuw commented that many families in the area are long time residents, and should not be asked to make sacrifices in order to accommodate the proposed development.
Commissioner Nixon suggested that the Commission move on to other agenda items, and complete review of this item when the finalized application is submitted.
2. Site Plan Review – Lindon West Office Warehouse (SNBT Sales Inc.) – 121 North 1800 West. This is a request by Jerry Carroll for the Planning Commission to consider design changes to the required trash enclosure for the nearly completed warehouse building in the Light Industrial zone.
Jerry Carroll was the representative for this item. Mr. Cowie stated that the location of the trash enclosure is not changing from the approved site plan, but that Mr. Carroll is requesting that the Planning Commission consider alternatives for construction of the trash enclosure. Mr. Cowie noted that the trash enclosure will be located adjacent to the Proctor Ditch. Lindon City Code currently requires trash enclosures to be six foot high masonry or concrete block structures with screened gates or six foot high cyclone fence structures with six foot landscape hedges around the perimeter of the enclosure. Mr. Carroll is requesting approval of a six foot vinyl fence enclosure. Mr. Carroll felt that vinyl fencing would be preferable for aesthetic reasons. Mr. Carroll stated that he is aware that vinyl fencing could be damaged more easily than the concrete structure, and is willing to repair the fence as needed. Mr. Carroll noted that the enclosure would include a vinyl access gate on wheels.
Commissioner Godfrey inquired as to Mr. Carroll’s fundamental opposition to the use of concrete or block for the enclosure. Mr. Carroll felt that while repairs to a concrete structure may be necessary less frequently, they may be more costly, as they may require replacement of the entire structure. Mr. Carroll also felt that a vinyl enclosure would be more attractive than a concrete structure. Commissioner Nixon suggested the use of a vinyl gate with a concrete structure. He expressed concern regarding ongoing maintenance of vinyl structure.
Commissioner Anderson noted that it would be necessary to ensure trash is contained within the enclosure due to the close proximity of the enclosure to the Proctor Ditch. He felt that if there were a delay in repair of any damage to a vinyl structure, it may allow trash to be deposited in the ditch, which may increase the potential for flooding in the area.
Commissioner Nixon suggested that vinyl be installed on the outside of a masonry structure to achieve the desired appearance while maintaining structural stability. Commissioner Bean suggested the use of bollards on the interior perimeter of the vinyl structure as illustrated in City standards shown in the staff packets. He noted that the use of bollards should reduce the likelihood of damage to the vinyl portion of the structure and reduce the likelihood that trash would blow out of the structure due to damage of the vinyl.
Commissioner Godfrey noted that during review of other trash enclosure applications, City standards had been required. Commissioner Godfrey felt that in fairness, standards should be applied consistently. He felt that a vinyl structure would require some type of concrete reinforcement.
Commissioner Simister asked Mr. Cowie if there were any staff concerns regarding the use of vinyl. Mr. Cowie stated the intent of the required concrete, block, or cyclone fence structure is to ensure structural stability. Mr. Cowie noted that the Planning Commission has the ability to allow alterations to the structure. Commissioners discussed further the possible use of bollards on the interior of the structure. The majority felt that the bollards would provide the necessary reinforcement to the structure.
Commissioner Simister called for further comments or discussion. Hearing none, she called for a motion.
COMMISSIONER NIXON MOVED TO APPROVE THE REQUEST BY JERRY CARROLL FOR THE REVISED TRASH ENCLOSURE AT THE LINDON WEST CONDOMINIUM WAREHOUSE SITE WITH THE FOLLOWING RECOMMENDATIONS:
1. THAT VINYL FENCE BE ALLOWED IF BOLLARDS ARE PROVIDED AT THE MINIMUM CITY STANDARD SPECIFICATIONS.
2. THAT THE VINYL ENCLOSURE BE A SOLID STRUCTURE WITH NO GAPS.
3. THAT THE ENCLOSURE BE REVIEWED BY CITY STAFF PRIOR TO CONSTRUCTION.
COMMISSIONER GODFREY SECONDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS:
COMMISSIONER ANDERSON AYE
COMMISSIONER BEAN AYE
COMMISSIONER BRYNER NAY
COMMISSIONER GODFREY AYE
COMMISSIONER NIXON AYE
COMMISSIONER SIMISTER NAY
THE MOTION CARRIED (4-2) WITH ONE ABSENT.
Commissioner Bryner voted nay to the motion due to the fact that she felt the specifications of the code which require concrete, block, or cyclone fence should be followed. She felt that there were no extenuating circumstances to this request which would not allow use of the required materials.
Commissioner Simister agreed that there was not a compelling reason to allow this variation, and City standards should be applicable.
Commissioner Godfrey noted that the code does not specify acceptable materials, but states only that the enclosure should be located at the rear of the site and have a site obscuring fence. Mr. Cowie observed that the language in the code is somewhat ambiguous, and that the specified materials are a result of City policy which has been established and enforced. He noted that specifications allow variations to be approved by the Planning Commission.
3. Relief Petition – Wentworth Development – Orchard Park Subdivision – Approximately 600 North Main Street. This is a request for a Relief Petition to allow for Wentworth development to pay the City a cash amount rather than obtaining the needed water shares on the market. The applicants have obtained 8.1 of the required 16.7 shares, and are requesting relief from having to obtain approximately 8.6 shares of North Union water or the appropriate equivalents.
Tom Henriod was the representative for this application. Lindon City Code specifies that all witnesses addressing a relief petition are to be sworn prior to giving testimony relating to the petition. Mr. Henriod was sworn in by Deputy Recorder, Debra Cullimore.
Commissioner Anderson noted that some of the water shares purchased by Wentworth Development were purchased from his family. To avoid any potential conflict of interest, Commissioner Anderson excused himself from this discussion.
Mr. Henriod stated that Wentworth has currently acquired 8.1 water shares, and is requesting relief from an additional 8.6 shares. Mr. Henriod stated that Wentworth has worked with several water brokers in an attempt to acquire additional shares, but has been unsuccessful in purchasing the necessary shares. Mr. Cowie noted that cash payment in the amount of $189,200, or $22,000 per share of North Union Water, would be paid to the City in lieu of the 8.6 water shares. Mr. Cowie observed that the required 16.7 shares are not available with the property, which was purchased from Alpine School District. Mr. Cowie suggested that this may be an ongoing problem with future development, and the City may need to consider a policy addressing the issue.
Commissioner Godfrey asked if water share prices have been stable historically. Mr. Cowie stated that water share prices have risen dramatically, and were valued at approximately $18,000 per share last year. Commissioner Godfrey inquired as the ability of the City to provide water as water share prices increase. Mr. Cowie stated that the City has adequate water supply to accommodate build out of 15,000 to 17,000. He noted that the cash amount paid by Wentworth or other developers would not be used to purchase additional water shares, but would be placed in a fund designated for future upgrades, repair, and expansion of the current water system.
Commissioner Bryner inquired as to any potential liability the City may have if the required water shares are not turned in. Mr. Cowie reiterated that the City has sufficient water supply to accommodate build out, and that the required water shares or cash payment will allow future maintenance of the existing water system.
Commissioner Bean inquired as to how long the practice of cash payment in lieu of water shares had been allowed by the City. Mr. Cowie stated that much of the Canberra Hills development was done under terms of a relief petition. Mr. Cowie also noted that the applicants have documented their efforts in obtaining the necessary water shares. In a letter submitted to the City, the applicants stated that they have advertised in the Daily Herald, and have also communicated with Alpine School District regarding purchase of the shares, as well as working with various water brokers. Alpine School District is not interested in selling the shares which they originally obtained with the property, as they will use the shares for future development.
Commissioner Godfrey inquired as to the basis of the denial of a similar petition submitted by Wal Mart. Councilmember Bayless was present at the meeting. She noted that Wal Mart had additional options to acquire water shares at the time the petition was submitted.
Commissioner Simister called for further comments or discussion. Hearing none, she called for a motion.
COMMISSIONER NIXON MOVED TO APPROVE THE WATER RELIEF PETITION SUBMITTED BY WENTWORTH DEVELOPMENT FOR CASH PAYMENT IN LIEU OF 8.6 SHARES OF NORTH UNION WATER IN THE AMOUNT OF $189,200 AND TO RECOMMEND APPROVAL TO THE CITY COUNCIL. COMMISSIONER GODFREY SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED. (Commissioner Anderson abstained from the vote.)
4. Discussion – Work session on proposed Commercial Design Guidelines prepared by CRSA.
Mr. Cowie explained that the document presented by CRSA comes as a result of a joint meeting held with CRSA representatives, the City Council, and the Planning Commission. During the meeting, City officials encouraged a shift in the guidelines from the “Alpine” style, which has been incorporated into recent development, to a focus on historic buildings and architecture found in Lindon. Mr. Cowie noted that the City Council has reviewed the guidelines and given feedback to CRSA. The City Council asked for more specific guidelines regarding standards for “big box” type retail buildings, and incorporation of architectural designs in this type of development. Mr. Cowie went on to explain that the City is still within the limits of the original agreement with CRSA. Councilmember Bayless noted that CRSA has been asked to provide a booklet which would include photographs of architectural styles, as well as specific architectural elements. The booklet could be provided to developers and is intended to clearly define acceptable standards. Mr. Cowie noted that some areas of the guidelines as presented by CRSA do not comply with current City ordinances, and it will be necessary to address the discrepancies in some way. Further review of the design guidelines will take place during a public hearing at a future City Council meeting
The Commission went on to discuss specific elements of the guidelines, such as architectural style, trim and details, signage, streetscapes, setbacks, and parking. There was also discussion regarding the desire to create a “destination” feeling in future commercial development through the use of courtyard or plaza areas. Commissioners discussed existing developments, such as The Riverwoods in Provo and The Gateway in Salt Lake City in relation to future development in Lindon. The location of parking areas and required setbacks were discussed at length. The Commission discussed the white two rail fence which has been required for development on State Street. Commissioner Bryner observed that the height of the fence does not appear to be consistent along the length of the road. Mr. Cowie stated that a height of three feet is specified in the code
Michael Travis was present in the audience and suggested that the City consider greater landscaping requirements in parking areas to create the rural country feeling the City is trying to achieve.
Following further discussion, Mr. Cowie reviewed specific recommendations made by Commissioners as follows:
1. That the recommendations clarify where required set backs are measured from (i.e. back of walk, curb, or property line).
2. That acceptable materials for awnings and the architectural styles which could include awnings is clarified.
3. That courtyards or plaza areas are encouraged.
4. That the fence height is standardized.
5. That existing recurring themes are listed in the guidelines.
Mr. Travis inquired as to the intent of the guidelines, and whether the intent is to create a specific look for Lindon, or a “turn of the century” 1910 look. Commissioner Godfrey noted that the guidelines clearly state that the intent of the guidelines is to create a unique look for Lindon, rather than a “pioneer village” type of look.
The Commission will discuss commercial design guidelines further at future meetings. Mr. Cowie will relay recommendations made by Commissioners to CRSA for use in revisions to the guidelines.
5. Discussion – Work session on proposed 2006-2010 General Plan updates.
Mr. Cowie clarified that no action will be taken on the General Plan at this meeting. He noted that the General Plan Committee has not yet conducted a final review of the recommended changes. Mr. Cowie observed that many areas of the General Plan included a large amount of goals, and that the Committee had made an effort to combine similar goals and eliminate redundant statement to reflect goals using more concise language. Mr. Cowie noted that if too many goals are included, priorities may be overlooked. Mr. Cowie observed that maps included with the General Plan are still in the revision process. He also noted that the Committee felt that graphs which reference water capabilities or flows are included in the Water Master Plan, and did not require referencing in the General Plan, as the General Plan should focus more on goals and priorities of the City rather than specific facilities or improvements.
Mr. Cowie commented on the extensive work which has been completed on this document by Councilmember Carpenter. Mr. Cowie noted that all comments by Councilmember Carpenter were based on recommendations of the Committee. Mr. Cowie suggested the Commission review several sections of the General Plan during the next several Planning Commission meetings, with review of pages 1-14 at the next regular meeting.
NEW BUSINESS – Reports by Commissioners
Commissioner Simister inquired as to the current status of the proposed R3 Overlay residential development. Councilmember Bayless stated that the City is working with Fieldstone Developers to resolve the matter. Mr. Cowie noted that proposed development is being reviewed by DRC staff. Commissioner Simister noted that she has been approached by several residents expressing concern regarding allowing smaller lots in Lindon. Councilmember Bayless observed that the intent of the R3 Overlay is to allow affordable home ownership opportunities in Lindon. Councilmember Bayless commented that the City is attempting to achieve the best possible development within the constraints of the existing R3 Overlay Ordinance.
Commissioner Bryner noted that the landscape contractor is making progress on the McKinley Drive trail. She observed that residents in the area are not pleased with the stone use on the project. Mr. Cowie stated that the City has been in contact with the contractor regarding the rock which was used. He noted that some rock does not meet the specifications and may be replaced. Commissioner Bryner observed that other elements of the trail do not appear to be consistent with what was approved by the Planning Commission and City Council. Councilmember Bayless suggested that the minutes of the approval be reviewed to determine what elements may not be in compliance. Mr. Cowie stated that he will follow up with the report made by Commissioner Bryner and address any potential problems.
The Commission discussed specific elements of the Hatfield development discussed earlier in the meeting. Commissioner Godfrey inquired as to the decision made by the City Council to allow the residential zone to front on Main Street. Councilmember Bayless commented that the area has been zoned CG since approximately 1978, and there has been no indication in that time that the area is likely to be developed commercially. Therefore, the Council felt it may be the best use of the property to allow residential development. The Commission went on to discuss roads in the area of the development. Commissioner Simister inquired as to whether the City has a plan in place for road widening. Councilmember Bayless stated that the City has a maintenance plan for City streets, but no plans for widening of any particular roads in the area of the development. Councilmember Bayless noted that the City is planning to install approximately 100 ADA curb ramps in compliance with ADA requirements.
PLANNING DIRECTORS REPORT –
Mr. Cowie noted that the City has received grant funds from the Quality Growth Commission to offset the cost of geo-hazard mapping of the foothills on the east side of the City. He noted that the funds are appropriated for use in completion of the study. Proposals from engineering firms estimate costs between $30,000 and $45,000 to complete the survey, which should take approximately two months to complete. Commissioner Godfrey noted that he is aware of several homes in his area that were stabilized approximately ten years ago which are now beginning to develop problems related to changing geology of the area. The Commission went on to discuss various potential geological problems in the City. Mr. Cowie noted that the majority of the City is built on an alluvial fan, and that geological concerns should be considered in any future development or improvements.
Mr. Cowie reviewed the project tracking list with the Commission, including the flag pole at Low Book Sales, and a proposed residential development adjacent to the High Ridge Court development.
ADJOURN –
COMMISSIONER BRYNER MOVED TO ADJOURN THE MEETING AT 10:30 P.M. COMMISSIONER BEAN SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.
APPROVED – November 9, 2005
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Jim Peters, Chairperson
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Adam Cowie, Planning Director
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