Planning Commission

2 The Lindon City Planning Commission held a regularly scheduled meeting on Tuesday, November 26, 2024 beginning at 6:00 p.m. at the Lindon City Center, City Council Chambers, 4 100 North State Street, Lindon, Utah. REGULAR SESSION – 6:00 P.M. 6 Conducting: Rob Kallas, Vice-Chairperson 8 Invocation: Scott Thompson, Commissioner Pledge of Allegiance: Ryan Done, Commissioner 10 PRESENT EXCUSED 12 Rob Kallas, Vice-Chairperson Steve Johnson, Chairperson Scott Thompson, Commissioner Michael Florence, Community Dev. Director 14 Jared Schauers, Commissioner Mike Marchbanks, Commissioner Karen Danielson, Commissioner 16 Sharon Call, Commissioner Ryan Done, Commissioner 18 Brittain Corbett, City Planner Britni Laidler, City Recorder 20 1. CALL TO ORDER – The meeting was called to order at 6:00 p.m. 22 2. APPROVAL OF MINUTES –The minutes of the regular meeting of the Planning 24 Commission meeting of November 12, 2024 were reviewed. COMMISSIONER THOMPSON MOVED TO APPROVE THE MINUTES OF THE 26 REGULAR MEETING OF NOVEMBER 12, 2024 AS PRESENTED. COMMISSIONER CALL SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION 28 CARRIED. 3. PUBLIC COMMENT – Vice-Chairperson Kallas called for comments from any 30 audience member who wishes to address any issue not listed as an agenda item. The following comments were made: 32 Jim Anderson & Mel Olson: Jim Anderson stated that he is purchasing property from Mel Olson and stated they are here to discuss the access road behind the home. Mr. Olson gave some history 34 on the current road and access easement, stating that the current road and driveway have been approved by the city. He stated that with Mr. Anderson purchasing the property they were 36 informed he would have to widen the driveway from 12 ft to 16 ft. Mr. Olson stated he was here to support the new owner of the property not having to do that, since the current driveway should 38 be grandfathered in. Dave Gardner: stated he was speaking on behalf of his neighbors who were also present. He 40 stated that his property backs up to what is slated as a Major Connector Road on the city Master Plan. They are feeling the crunch of this due to the fact that the property North of them in 42 Pleasant Grove is now up for sale. He stated that the city purchased the right-of-way in order to Planning Commission Meeting November 26, 2024 [1]  2 eventually allow this road to be put in, however, the slope of the easement runs through houses that are currently there. He voiced frustration that the Future Land Use Master Plan doesn’t make 4 sense with the impact it will have on these homes. He stated he is concerned that this road doesn’t have funding, and thinks the city should stop putting money towards a road that 6 shouldn’t go in due to logistics. CURRENT BUSINESS – 8 4. Conditional Use Permit – KR Therapy – Lindon Legacy Office Building at 199 N. 290 W. The applicant is requesting conditional use permit approval to operate a massage 10 establishment in the General Commercial zone at 199 N 290 W Unit 125. (#48:388:0125) 12 Brittain Corbett, City Planner, presented this item and noted the applicant Kade Rogers is present. Mr. Rogers is requesting a conditional use permit approval to operate a one-employee 14 massage therapy business within Necks to Heaven which is a chiropractic office located at 199 N 290 W Unit 125. Mr. Corbett noted that Mr. Rogers will be the only full-time employee within 16 his massage business, and it is expected that this business will have a minimal impact and will be compatible with the wellness and chiropractic clinic that it will be associated with. 18 Mr. Corbett then went over the code requirements, with discussion regarding the following requirements and as to why they are not compliant at this moment: Code Requirement Exact Code Language Compliant? Conditional Use Permit “Massage Establishments The applicant is currently shall only be allowed a working towards this Conditional Use in the CG, requirement CG-A, CG-A8, CG-S, and MC zones within Lindon City” Current business license “It is unlawful for any person The applicant is currently to operate… a Massage working towards this Establishment without… requirement obtaining a Massage Establishment Business License” DRC meeting for zoning and “All applicants shall be The applicant is currently fire code referred to the DRC for working towards this zoning approval and to requirement determine compliance of the premises with the fire code” 20 Vice-Chairperson Kallas called for any further comments or discussion from the 22 Commission. Hearing none he called for a motion. 24 COMMISSIONER THOMPSON MOVED TO APPROVE THE APPLICANT’S REQUEST FOR A CONDITIONAL USE PERMIT TO USE THE PROPERTY LOCATED AT 26 199 N 290 W, UNIT 125 FOR A MASSAGE THERAPY BUSINESS, WITH THE Planning Commission Meeting November 26, 2024 [2]  2 FOLLOWING CONDITIONS: 1. THE APPLICANT WILL COMPLY WITH ALL OF THE MASSAGE ESTABLISHMENTS REQUIREMENTS FOUND IN SECTION 5.30 OF THE 4 LINDON CITY CODE; 2. THE APPLICANT WILL CONTINUALLY MAINTAIN ALL PROFESSIONAL LICENSING WITH THE STATE OF UTAH; 3. ALL REGULATIONS, 6 CODES AND ORDINANCES OF THE STATE OF UTAH AND LINDON CITY WILL CONTINUALLY BE FOLLOWED; AND 4. ALL ITEMS OF THE STAFF REPORT. 8 COMMISSIONER DONE SECONEDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS: 10 COMMISSIONER KALLAS AYE COMMISSIONER SCHAUERS AYE 12 COMMISSIONER THOMPSON AYE COMMISSIONER CALL AYE 14 COMMISSIONER DANIELSON AYE COMMISSIONER DONE AYE 16 THE MOTION CARRIED UNANIMOUSLY. 18 5. Public Hearing for a recommendation to the Lindon City Council to adopt ordinance 17.53 regarding regulations for the established Public Facilities zone. 20 Lindon City has previously established a Public Facilities land use zoning district in Title 17.40. Lindon City now seeks a recommendation to the City Council to adopt zoning 22 ordinance regulations for the established Public Facilities zone as Title 17.53. 24 Brittain Corbett, City Planner, presented this item. Mr. Corbett noted that the Public Facilities (PF) zone under City Code Title 17.40.110 was created around 2002. He noted that 26 although the PF zone was established at that time Lindon City did not adopt a formal zoning ordinance and Lindon City is proposing that the planning commission recommend to the city 28 council the adoption of Title 17.53 – Public Facilities Zone. Mr. Corbett stated that the purpose of the Public Facilities (PF) zoning district is to provide areas within the city for land use and 30 facilities that are developed and maintained for public or quasi-public uses. He noted that the uses in this zone are operated for the benefit of the community and provide basic services and 32 essential support services. The Public Facilities zone is also intended to both preserve land uses and facilities that have historically been used by Lindon residents as public uses and to promote 34 future areas that provide continued amenities. He then presented the Permitted Uses under 17.53.020 as follows: 36 1. Parks, open space, and accessory facilities 2. Community center 38 3. Civic center 4. Public safety facilities 40 5. Aquatics center 6. Cemetery 42 7. Public schools 8. Trails and trailhead parking lots 44 9. Water tanks and ponds 10. Public detention/retention areas 46 11. Cultural facilities and offices 12. City utility facilities Planning Commission Meeting November 26, 2024 [3]  2 13. Other government facilities 4 Vice Chairperson Kallas inquired about #13 on the list and what that would encompass. Mr. Haws, City Attorney, stated it is a catch-all in case there is something the city may not have 6 thought of yet that would fit into this use. Mr. Corbett closed by stating that staff sees the importance of adopting a zoning ordinance to accompany the established Public Facilities zone. 8 The ordinance would focus on public uses and facilities that provide essential services and benefits to Lindon City residents and businesses. 10 COMMISSIONER DANIELSON MOVED TO OPEN THE PUBLIC HEARING. 12 COMMISSIONER CALL SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED. 14 Vice-Chairperson Kallas asked if there was any public present that would like to make any comments. The following public comments were made: 16 Rob Moon: wanted to know a little more about the area in the far east of Lindon, stating that the potential road that may go in that area has the possibility of bringing more traffic to the area and 18 noted that it would be a disruption to the area along with tax values. Vice-Chairperson Kallas informed Mr. Moon that this would be a more suitable comment 20 for the next agenda item and encouraged him to give a comment at that time. Jordan Russell: stated he lives in Orem and near Maeser Preparatory School and inquired what 22 this zone change would entail, and the upcoming expansion of 1600 N. He wanted to know if this would keep it from having a less invasive impact. General discussion followed. 24 Mr. Corbett noted that Maeser and Alpine School District had let the city know they are in favor, or this Ordinance change and zoning. 26 COMMISSIONER CALL MOVED TO CLOSE THE PUBLIC HEARING. COMMISSIONER THOMPSON SECONDED THE MOTION. ALL PRESENT VOTED IN 28 FAVOR. THE MOTION CARRIED. Commissioner Done asked staff about how Charter schools would be affected. Mr. Haws 30 stated this won’t affect them unless they want to change their use. He stated what this zone will do is protect these locations to maintain as a public use area, and if the landowner wants to 32 change the use, it will have to go through the process which would allow the city to put thought into what could go to make sure to do what is best for the city. 34 Vice-Chairperson Kallas called for any further comments or discussion from the Commission. Hearing none he called for a motion. 36 COMMISSIONER SCHAUERS MOVED TO RECOMMEND APPROVAL OF ORDINANCE AMENDMENT 2024-15-O AS PRESENTED. COMMISSIONER DANIELSON 38 SECONEDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS: COMMISSIONER KALLAS AYE 40 COMMISSIONER SCHAUERS AYE Planning Commission Meeting November 26, 2024 [4]  2 COMMISSIONER THOMPSON AYE COMMISSIONER CALL AYE 4 COMMISSIONER DANIELSON AYE COMMISSIONER DONE AYE 6 THE MOTION CARRIED UNANIMOUSLY. 8 6. Public Hearing for a recommendation to the Lindon City Council to amend the Lindon City zoning map from LI, CG, R1-12, R1-20, AFPD, and RMU-E to PF – 10 Multiple Parcels. Lindon City is seeking a recommendation to the City Council to rezone public school, city, and quasi publicly owned properties and facilities to the Public 12 Facilities zoning district to be consistent with other properties and facilities on the Lindon City zoning map. Please note, the proposed change will not affect the current use of the 14 properties. 16 Brittain Corbett, City Planner, presented this item stating that Lindon City established the Public Facilities zone under city code Title 17.40.110, and the Public Facilities zoning district 18 was created around 2002. Since that creation, many of the city’s parks and facilities have been zoned as Public Facilities and noted the Public Facilities zone applies to properties that are 20 publicly or quasi-publicly owned. He stated that the purpose of the Public Facilities (PF) zoning district is to provide areas within the city for land uses and facilities that are developed and 22 maintained for public or quasi-public uses. The uses in this zone are operated for the benefit of the community and provide basic services and essential support services. He also noted that the 24 Public Facilities zone is also intended to both preserve land uses and facilities that have historically been used by Lindon residents as public uses and to promote future areas that 26 provide continued amenities. Mr. Corbett then stated that parks, community and civic centers, aquatic center, cemetery, horse transfer station and foothill open space, water tanks, secondary 28 irrigation ponds and detention area are currently zones under the Public Facilities. He then noted that the following properties and uses are proposed to be rezoned from their current zoning to the 30 Public Facilities zone: • Parks: two parks at the Anderson Farms development 32 • Trails: Murdock Canal Trail and Lindon Heritage Trail • Public School Properties and facilities 34 • Lindon Public Work Property • Detention Basins 36 • Well and Sewer Lift Station Properties • Foothill Open Spaces 38 Mr. Corbett then presented the proposed map to the commission and the purpose of the 40 proposed zone change as follows: • Aligning with the General Plan: Lindon City is updating the zoning map to align with the 42 Future Land Use Map, which designates the majority of the properties as either as Community Facility or Open Space districts. 44 • Consistent Zoning Practices: Lindon City has historically zoned publicly or quasi- publicly owned properties as Public Facilities. This proposal continues that practice. Planning Commission Meeting November 26, 2024 [5]  2 • Preservation of Intent for Public Schools: The rezoning of publicly funded school properties and facilities to the Public Facilities zone is consistent with the General Plan. 4 This designation helps preserve the intent of these properties. If a public school were to close, the Public Facilities zone would allow for continued discussion regarding future 6 use, rather than automatically applying residential zoning, as is the case with current school properties in Lindon. Many cities along the Wasatch Front, including Provo, 8 Orem, Midvale, Cottonwood Heights, Holladay, West Jordan, Salt Lake City, and South Salt Lake, have similarly zoned school properties as Public Facilities. Both Alpine School 10 District and Maeser Academy have reached out to city staff and have no concerns about the rezoning of their school or facility properties. 12 Vice Chairperson Kallas called for any further comments or discussion. Hearing none, he called for a motion to open the public hearing 14 COMMISSIONER DANIELSON MOVED TO OPEN THE PUBLIC HEARING. COMMISSIONER DONE SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. 16 THE MOTION CARRIED. Vice-Chairperson Kallas asked if there was any public present that would like to make 18 any comments. The following public comments were made: Rob Moon: Mr. Moon stated he has concern that this would allow it to be sold for development. 20 He wants to make sure that this preserves the neighborhood and protects the community, not just the city. He closed by stating he opposes this, stating he doesn’t think we need to change 22 anything unless there is something specific needing to go there. David Gardner: voiced concern for the sensitive hillside zone and what this added layer of 24 zoning would do, and possible changes it would make. Greg Harrison: stated that his property backs the area previously discussed and wants to know 26 what possible use could actually go there, since the slope is so large. Landon Harsh: asked if a road would be considered a public use facility. 28 Mike Millett: wants to know if this zone change would have any impact on his property just north of the piece of property previously mentioned in prior public comment. 30 Ileana Gardner: voiced frustration stating that she would like each piece of property to be voted on individually. 32 Gabriella Sabrilla: stated she lives by Maeser and asked for clarification on if this would have any impact on her property. 34 Planning Commission Meeting November 26, 2024 [6]  2 COMMISSIONER THOMPSON MOVED TO CLOSE THE PUBLIC HEARING. COMMISSIONER DANIELSON SECONDED THE MOTION. ALL PRESENT VOTED IN 4 FAVOR. THE MOTION CARRIED. Commissioner Thompson stated that he is in favor of this because he sees this as added 6 safeguard for the citizens to protect these lands for open use or for continued public use. Commissioner Schauers stated he is happy to see citizens come out to the meeting and voiced 8 that he doesn’t see this causing any issue of concern for issues brought up during public comment. Commissioner Schauers stated the commission tends to be pro-property owner use, 10 and city council is the same. Commissioner Thompson stated the hardest part of planning commission is having something coming before them, that they don’t want, but it is zoned for it 12 so they have to let it pass. He closed by stating this agenda item helps give them the protection they need to help protect neighborhoods. 14 Vice-Chairperson Kallas called for any further comments or discussion from the 16 Commission. Hearing none he called for a motion. 18 COMMISSIONER DANIELSON MOVED TO RECOMMEND APPROVAL OF ORDINANCE AMENDMENT 2024-16-O AS PRESENTED. COMMISSIONER CALL 20 SECONEDED THE MOTION. THE VOTE WAS RECORDED AS FOLLOWS: COMMISSIONER KALLAS AYE 22 COMMISSIONER SCHAUERS AYE COMMISSIONER THOMPSON AYE 24 COMMISSIONER CALL AYE COMMISSIONER DANIELSON AYE 26 COMMISSIONER DONE AYE THE MOTION CARRIED UNANIMOUSLY. 28 7. Community Development Director Report 30 • Misc. City Updates 32 ADJOURN – 34 COMMISSIONER THOMPSON MOVED TO ADJOURN THE MEETING AT 7:50 PM. COMMISSIONER DONE SECONDED THE MOTION. ALL PRESENT VOTED IN 36 FAVOR. THE MOTION CARRIED. 38 Approved, December 10, 2024 40 42 ____________________________________ Steven Johnson, Chairperson 44 __________________________________________ 46 Michael Florence, Community Development Director Planning Commission Meeting November 26, 2024 [7]