Meeting Minutes 2006






The Garden City Planning & Zoning Commission held a Public Hearing on Wednesday, April 5, 2006 at the Garden City Office Building located at 145 W. Logan Rd.  Commission Chairman House opened the meeting at 6:55 p.m.


Those Present:


            Brian House, Chairman

            Frank Smith

            DJ Ballingham


Others Present:


            Sharlene Millard                                               Warnell Van Otten

            Randy Erickson                                                Brad Van Otten


RE-ZONE, Avo Missakian


Mr. Missakian would like to change the zone at his property at 315 N. Bear Lake Blvd. from Single Family Residential to Community Commercial.


A member of the audience commented about having too much traffic on that corner.  He said he didn’t build his house in that area to have commercial there.  He said he sees a lot of accidents into telephone poles there.  He also doesn’t want garbage to blow onto his yard from having a commercial business there.


Lana Hodges asked if this would create an island.  The Planning & Zoning said yes.  Ms. Hodges said, as a citizen, she wouldn’t like that.


Building Inspector Erickson explained that there is an island, but it’s not prohibited as far as zoning, only in annexations.


There were no other comments from the audience.


The Public Hearing closed at 7:00 p.m.


APPROVED:                                                   ATTEST:



__________________________________     _________________________________

Brian House, Chairman                         Assistant Clerk









The Garden City Planning & Zoning Commission held their regularly scheduled meeting on Wednesday, April 5, 2006 at the Garden City Office Building located at 145 W. Logan Rd.  Commission Chairman House opened the meeting at 7:00 p.m.


Commission Members present:


            Brian House, Chairman

            Frank Smith

            DJ Ballingham

            Jared Seamons

            Lance Bourne

            Troy Petersen


Others Present:


           Sharlene Millard                                                Brian Lyons

            Randy Erickson                                                Elizabeth Seiler

            Mike Leonhardt                                                Deborah Snyder

            Lana Hodges                                                    Avo Missakian

            Margaret Satterthwaite                                     Warnell Van Otten

            Dennis Bullock                                                 Brad Van Otten

            Jay Christofferson



OATH OF OFFICE, Lance Bourne


Lance Bourne was sworn in as a returning member of the Planning & Zoning Commission.


RE-ZONE, Avo Missakian


Mr. Missakian or a representative was not here to discuss the re-zone application.  If he comes, they may listen to his request at that time.




Commission Member Smith stated that he is partners with Mr. Bullock in another venture.  He has a conflict of interest, but will still vote.


Mr. Lyons said they have done their homework.  He just received the letter from the town engineer and went over his concerns.  He stated that they are fine with the 6" size of water meter, they have already put a relocation of the bike path on their plans, the dumpster locations were shown to the Planning & Zoning, they have been working with UDOT for the left hand turn lane and wants to make sure the traffic study reflects that.

They know they need UDOT’s acceptance.  They just need to modify the traffic impact study.  They have decided to bury the propane tanks on each individual lot.  The turn around at the cul de sac is 100' in diameter and is okay with Fire Chief Mike Leonhardt.


Mr. Lyons also addressed some concerns of the attorney.  He said they’re modifying the term “condo’s” to a PUD.  They just called them condo’s when they created Cobblestone’s.  They’re revising a few things i.e. not stipulating which type of blinds, etc.


Mr. Lyons asked if the Planning & Zoning had any concerns. 


Commission Member Bourne asked about the parking on the streets.  He said the streets are so narrow, there won’t be room for extra parking.  Mr. Christopherson said there’s room for a boat and two or three cars.  He showed where some off street parking could be. 


Commission Member Bourne said there should be some common parking areas and no parking on streets stipulated in the CC&R’s.


Commission Member Smith asked about someone bringing an RV to park.  Commission Member Bourne thinks it would be good to put in the CC&R’s.  Mr. Christopherson said he would like to discourage people coming in with RV’s, he’s into building houses.


Commission Member Bourne asked about the difference of maps from this month and last summers.  He asked about the clubhouse and pool and wondered if it’s still in Phase I.  Mr. Lyons said a final isn’t really the place to show that.  Commission Chairman House and Commission Member Bourne both agreed that it does need to be in Phase I.  Mr. Lyons said of all the finals he’s done, he’s never had to show that, it’s more of a design issue.  It is a common recreational area.  It can be on the construction drawings, but not on the final.


It was stated that Phase I should be completed before Phase II can be started.  The Planning & Zoning needs to know what their intentions are.  They can’t approve something that will change.


Commission Member Bourne said in every meeting about Lochwood, it has been stated that they need to show everything in the phase they’re doing it in. Commission Member Bourne suggested putting it in Phase II, but that’s their choice.


Commission Member Bourne said he doesn’t think you can advertise something that’s not there.  It’s false advertising.  Council Member Leonhardt said he thinks it can be written that it will be the future home of….and then put it in the phase they want.


Commission Member Bourne thinks if you advertise and you don’t get the amenities in, it’s false advertising.  Council Member Leonhardt said it’s more of a civil issue than a town issue.


Dennis Bullock suggested changing it for next months meeting and putting the amenities in Phase I.


Lochwood will need a Building Permit for a pool.


Commission Member Bourne questioned the open space.  He said 10% of the development needs to be open space, 50% of that has to be usable open space.  He wondered where it is.  Mr. Christopherson said the whole intention was to leave part of it open, like Ideal Beach.  Commission Member Bourne questioned the 30’ by the canal stipulated as open space.  He said it’s so dense that you can’t even walk through it.  50% of that area isn’t usable. 


Mr. Christopherson said there are 20 whole acres for this development, which would only need 2 acres of open space.  Mr. Lyons said there is a total of 2.94 acres of open space.  Commission Member Bourne asked specifically where it is.


Commission Chairman House asked about the trails, OHV and bike trail.  He said that’s not their common area.


Mr. Lyons said they would like to put a trail by the quakies along the canal and have benches there.  Lana Hodges said if they do anything there, they will need permission from the canal company.


Commission Member Ballingham asked about the egress onto 300 W.  Mr. Bullock said it’s graveled to 300 W. in Phase I.  It’s shown on sheet #3 of their plans.


No letter of credit has been received.


Mr. Lyons said they are still waiting for UDOT’s approval.  They’ve backed off and have said that the traffic study only needs to have a few changes made on it.  The town will deal with the left hand turn lane.


Commission Member Bourne asked who will be responsible for maintaining the ponds and Raspberry Patch road.  It needs to be in the CC&R’s.  There was discussion about Raspberry Patch Road being used as an access into the commercial area.  Mr. Bullock

agreed that that road should not to be used as an access.  He said the homeowners

association will deed it over to them.  Commission Member Bourne said he would rather the road not be used as an access for Lochwood.  Worldmark will be doubling soon and that road will be very busy.


Commission Member Ballingham wondered about a secondary access into the commercial area.  Commission Chairman House said he brings up a good point.  It’s in another phase.


Commission Member Ballingham is concerned about commercial traffic going right by the houses.  Mr. Christopherson is not opposed to some cross access.  Commission Member Ballingham recommended getting another access to commercial area.  He is concerned about an ambulance getting through if there is a fire there.


Frank Smith thinks there should be an access from Harbor Village so someone doesn’t have to get on the highway just to turn and go back into Harbor Village.


Commission Chairman House showed where the gap between Raspberry Patch Road right of way is and Lochwood’s development. The gap is no longer there.


All of Lochwood’s development fees payable to the town are paid.


Mr. Lyons said they will put on the commercial area plat that it is ground that is reserved.  It won’t be in Phase I.


Lochwood’s CC&R’s need to be addressed, restricted on-street parking, RV storage and camping in RV’s can only be for 14 out of 90 days per lot, buried propane tanks in CC&R’s.  There was discussion to not stipulate that they can’t have satellite dishes.  That’s up to them.


The developers of Lochwood said they would like to get approval contingent on getting those things done.  They would like to get something acceptable to the attorney.  They hate to have to come in again.  Commission Member Bourne said they will have to come in one more time.  They could have a special meeting if they would like,


The attorney said that needs to be decided now.  Dennis said if lochwood didn’t even exist, the town would be putting in the turning lane.


Council Member Leonhardt said that the town does need 300 W, but the town also needs a letter from UDOT.


Commission Member Smith proposed that we accept this based on UDOT approval and what we’ve discussed getting done.


Lana Hodges said there is a dedicated easement for the canal company along the canal, and according to what the engineering firm showed.  Mr. Lyon said it’s been shown on the map from the very first.  Mrs. Hodges also questioned the access onto 300 W.

Commission Chairman House said they have gotten a variance because there isn’t enough room to have the width of road.


Council Member Seiler said she would like to see that in writing.


Commission Member Smith made the motion to approve Phase I of Lochwood, but is subject to the UDOT letter and other requirements set forth, i.e. letter of credit, open space needs to be on plans, CC&R’s changed to include individual buried propane tanks and to change the term condo to PUD, maintenance of retention pond will be homeowners responsibility, no on-street parking, 14 days out of 90 days per lot for RV storage should be included in CC&R’s, second entrance will be gravel road with 8” road base connecting Lochwood to 3rd West and will be completed in Phase I, Phase I will be completed before any other phase be started.  Commission Member Ballingham seconded the motion.  All in favor and the motion carried.


REZONE,  Avo Missakian


Mr. Missakian said he lives in the A-shaped home on North Bear Lake Blvd and would like to change the zone from Single Family Residential to Community Commercial.  He is an electrician and was thinking that for the growth of the town, he could maybe start his work here.  He’s sick of California.  He’s thinking of doing electrical contracting in the warehouse in the back.  He could remodel the A-frame for a small office.


Commission Member Bourne said if he does that, it will be required to have a fence between residential and commercial.  Mr. Missakian said he would definitely like to do that.  He will meet the requirements of a fence.


The property is approximately 100 – 120 sq. ft.


Commission Chairman said there are 3 lots between Mr. Missakian and the next commercial area.  Commission Member Bourne said it would be nice to have the other property owners also be zoned commercial.


Commission Member Smith said we can’t require them to change their zone.


Building Inspector Randy Erickson stated that there some men here earlier to oppose this re-zone.  It was the VanOtten’s.  Their problem is with the traffic and garbage a commercial business would bring.


The Planning & Zoning Commission told Mr. Missakian that even if the zone isn’t changed to commercial, he could still store his equipment and have a home occupation.


Mr. Missakian said he would have approximately 2-3 vehicles in his driveway.


Building Inspector Randy Erickson said a beauty shop is considered a home business and they have a few people there at a time.  He’s thinking an electrical business won’t be a busy place.


Council Member Elizabeth Seiler wondered about the safety of having to cross the bike path to get to the business.  Council Member Leonhardt said he’s not worried about the bike path.  There are several other businesses that cross it.


Commission Member Bourne recommended if we could bring in the whole group to be re-zoned, it would be good.  He wouldn’t have a problem with them running his business there.  He said we could use a trade there. 


Commission Chairman House said if Mr. Missakian changes the zone to commercial and puts his business in the shed,  he’ll need to meet the Architectural Standards


Mr. Missakian decided to leave the zone Single Family Residential and run his business as a home occupation. 


The Planning & Zoning said they would like to see him run his business here.




Seminar – Park Models


Commission Member Smith talked about a Certified Planning Seminar he went to.  He said it became real apparent that we should have affordable housing in our general plan or we can actually be sued.  There’s a type of housing he’s come across called park models.  He wondered about the Planning & Zoning considering to allow these in RV parks or to come up with a zone for them.  This might also help with the immediate need for housing for employees.  He wondered if they would fit in Buttercup Mobile Home Park.  Commission Chairman House didn’t think they would fit there.


Commission Member Ballingham also went to the Seminar and said it’s preferred to call the low income housing – moderate housing.  If we want to grow as a community, we’ve got to have different types of housing.


Commission Member Smith said the park models come in on wheels which can be taken off.


Commission Member Bourne wondered if Triangle Estates would accommodate those type of buildings, also some PH lots in Swan Creek.


Building Inspector Erickson wondered if they could be included in PUD’s.        


Commission Member Smith said he’s looking for property in Idaho to put housing.  He’s thinking more of 1000 – 2500 sq. ft. homes.  He’s just checking on grants right now.


Commission Member Smith said we really need to look at an area for affordable housing.  Those at the meeting talked about having a higher density area, so there isn’t much land to have to buy.  Some nice, affordable town homes can have a higher density, but look good.


Commission Member Seamons said this is really an issue and the town is trying to handle it, but we need to have discussions about it.  They wondered about discussing it at the Planning Meeting.  He said we definitely need services and people to run them along with places for them to stay.


Thanks from Randy Erickson


Building Inspector Randy Erickson said he would like to thank everyone for the fun he’s had.  Commission Member Smith also thanked him for what he’s done with the community.




Council Member Margaret Satterthwaite said a lot of us have attended some training to maximize our tax dollars.  She has talked with the Mayor and feels we should share what we have learned at the classes we have gone to.  She will write something up and get everyone’s e-mail addresses so everyone can write what they’ve learned at their meetings. 


There was discussion about someone at the meeting told them to not let anyone from the audience talk or it changes to meeting to a Public Hearing. 


When an issue has been “tabled,” we should said it will be “revisited” at another time.




The minutes of the Public Hearing of March 1, 2006 were presented.  Commission Member Bourne made the motion to approve the minutes as presented.  Commission Member Seamons seconded the motion.  All in favor and the motion carried.


The minutes of the regular meeting of March 1, 2006 were presented.  Commission Member Ballingham made the motion to accept the minutes as presented.  Commission Member Smith seconded the motion.  All in favor and the motion carried.-




Commission Member Smith made the motion to adjourn at 9:10 p.m.



APPROVED:                                                   ATTEST:




___________________________________   ________________________________

Brian House, Chairman                         Assistant Clerk