Lehi Planning Commission Meeting - May 22, 2025

The Lehi Planning Commission met on May 22, 2025, at 7:00 PM in the Lehi City Council Chambers. The commission approved consent agenda items, three regular agenda items, and heard an appeal regarding a fence material decision. The meeting concluded after approximately two hours.

Consent Calendar

• Approved the minutes from the April 24, 2025 meeting unanimously.

Public Comments & Testimony

• Item 3.1 (Smith's Site Plan): No public comments.
• Item 3.2 (Beaches Retail Center): No public comments.
• Item 3.3 (Ascend at Inverness Plat Amendment): No public comments.
• Item 3.4 (Appeal - Lehi Medical Office Building Fence): Chandler Byrd, a resident at 3293 North 1090 West, appealed the DRC's approval of a chain-link fence with privacy slats. He argued the fence material violates the city code's requirement for "masonry, reinforced concrete, timber, or other similar suitable permanent materials," and that the fence does not provide adequate privacy due to its placement below a retaining wall. Daniel Gentry Smith (neighbor) added that they were not informed of the fence plans despite requests.

Discussion Items

• 3.1 Smith's Site Plan and Conditional Use for Pharmacy Drive-Thru: Applicant Rick Magnus (AWA Engineering) represented Smith's. Discussion centered on queueing capacity for the dual drive-thru (pharmacy and grocery pickup), traffic concerns on 3600 West, and buffering from adjacent townhomes. The commission expressed some concerns but noted the design is used elsewhere and traffic improvements are planned. Motion to approve included findings and all DRC comments.
• 3.2 Beaches Retail Center Concept Plan: Applicant Corey Middleton presented. Commission requested beautification of the east building façade and approved the concept plan with findings that the exceptions (building orientation and entrance location) meet code requirements.
• 3.3 Ascend at Inverness Plat Amendment: Applicant Travis Lyons (DR Horton) requested a plat amendment to show utility lines and detention easements for Lot 159. Commission approved including all DRC comments.
• 3.4 Appeal of DRC Decision on Fence Material: The commission acted as a quasi-judicial body. City attorney Craig Chambers and attorney for Fort Street Partners (Greg Roberts) argued the appeal was untimely and that the DRC's decision was not arbitrary, capricious, or illegal. The appellant argued that the chain-link fence with privacy slats does not meet the code's material standards. The commission discussed whether constructive notice began when the building was under construction or when the fence was built. They also considered the code's requirement for "permanent" materials.

Key Outcomes

• Consent Agenda: Approved unanimously.
• Item 3.1 (Smith's): Motion to approve passed unanimously.
• Item 3.2 (Beaches Retail Center): Motion to approve concept plan with findings passed unanimously.
• Item 3.3 (Ascend at Inverness): Motion to approve plat amendment passed unanimously.
• Item 3.4 (Fence Appeal): The commission voted unanimously that the appeal was timely (constructive notice triggered by fence construction, not building construction). On the substance, the commission voted 4-1 to uphold the DRC's decision, finding that the chain-link fence with privacy slats qualifies as "other similar suitable permanent materials" as approved by the city. The dissenting commissioner argued that "permanent" does not align with slats. The chair directed staff to draft a written opinion to finalize the decision. The separate appeal on fence location will be heard by the hearing officer.
• City Business: The commission agreed to cancel the June and July 2025 work sessions due to lack of staff and holidays.
• Adjournment: Motion to adjourn carried.