Meeting Minutes 2007






The Garden City Planning & Zoning Commission held a Public Hearing on Wednesday, April 4, 2007 at the Garden City Office Building located at 145 W. Logan Rd.  Vice Chairman Smith opened the meeting at 6:05 p.m.


Commission Members Present:


            Frank Smith

            Lance Bourne

            Greg Bills

            Jennifer Huefner

            DJ Ballingham

            Jared Seamons


Excused:  Dennis Salzetti


Others Present:


            Sharlene Millard                                               Anita Weston

            Larry & Lana Hodges                                       Mel Maynes

            James L. Hansen                                              Joe S. Hansen

            Norman C. Hansen                                           Melvin H. Larsen

            Ronald Hansen                                                 J.A. Ruggles

            Randall Hansen                                                 Brad & Jayne Davis

            Cindy Snow                                                     Valerie & Don Hampton

            Sharlotte Wride                                                Steve & Shelley Fliflet

            Byron Case                                                      Loretta Fidler

            Jill Davis                                                           Brian House

            Ken Hansen, Mayor                                         Bobbie Coray

            Kathy & Paul Webb                                         Bill Cox

            Sandra Carlson                                                 Debbie Hall

            Margaret & Larry Satterthwaite                        Ken Barson     

            Paul Bangerter                                                  Doug Thompson

            Ellouise Sims                                                    Wayne Seamons

            Mike Knapp                                                     Brian Lyons

            Ryan Rogers                                                     Kent Fisher

            Robert Speirs                                                   Rulon Crosby

            Doug Thompson                                               Ray Elliott

            Dennis Bullock                                                 Tony Johnson

            Kirk Rich




                                                               -Page 1-



Commission Member Huefner opened the meeting by stating that one of the town’s challenges is an inadequate transportation plan.  She said we rely solely on US 89 and 30.  That’s been sufficient in the past, but they reached the maximum capacity and we need to expand our roads.  We need another north/south route.  Other communities have made mistakes by not planning for growth and we would like to emulate the communities who have well-planned transportation systems.


She said the town would like a new north/south route, which they have planned and put on a map that was sent to the adjacent property owners.  This road is currently called 300 West.  She said we also have planned for 2 ATV trails, which will adjoin 300 West.  As a small town, our biggest obstacle is financing.  We currently rely on volunteers for a lot of what gets done in the town.   We have proceeded to plan for a new road.  Many people have donated land to be able to make this a reality.  She thanked them for donating their land.  It should give their property more property value.  It will also help with emergency services and it will be easier to travel through town.


She said that this road is essential to our community.  With the cooperation of everyone, we can create a better transportation plan for everyone in this community.


Council Member Seiler said in addition to the road and map, we are also updating our General Plan and have formed a committee to get input from the citizens.  She has some questionnaires about the road and trails, which she passed out.


Larry Hodges asked how firm the decision is to have the road there?  Commission Member Huefner said it’s not in concrete, it’s just a planned road, however, there are some developments coming in and we have tried to help them plan the road around their development.  She said they are willing to negotiate and make changes.  This has been a long process, those on a committee, engineer and others, have all been working on it.  We are open to negotiations on the road.  Mr. Hodges said he can’t understand an engineer approving a road like that.


Commission Member Smith explained the committee who will be going around and getting input from others throughout the community.  The questions will be about the growth in the area and how citizens feel about what needs to be done.


Randall Hansen asked if the trails will be included within the 100’ right of ways.  Commission Member Huefner said yes.  We hope to be able to asphalt the trails.  Mayor Hansen said it’s all determined on funding. It’s a big undertaking and one of the biggest problems we face.  Money will come from various sources; state, taxes, impact fees, etc.   It’s a long-term project.


Bobbie Coray asked about the right angle of the road on Hodges Canyon.  She said she’s driven on roads that have that and it’s awful.  She wondered if there is any way to make it a 45-degree angle instead of a 90-degree angle.  Commission Member Huefner said we can discuss that.

                                                              -Page 2-

Commission Member Smith said UDOT requires their roads to be at 90-degree angles.  He said there might be some variation with a house there.


Commission Member Huefner showed a map with the road drawn on for property owners to find their own parcel of land.


Lana Hodges said it’s time this is happening and it’s a good thing, but in looking at the way the road goes down Hodges Canyon, is it to help the developers or is it what’s best for the community?  Commission Member Smith said the canyon is pretty steep and has tricky terrain to put the road there.


Commission Member Huefner said the road is also on a section line.  Mayor Hansen said it would cost a lot of money to cut out a lot of the mountain.  That’s where the engineer suggested placing the road.


Commission Member Huefner feels it would be easier to have the road on the section line so we’re not cutting through a parcel and it’s easier to get people to work with us.  We do want to hear any concerns.


Commission Member Bills said it’s nice to know ahead of time where the road is going so that when any new development comes along, it helps for negotiations and knowing where the road will be going.


There are several developers that need the road for their developments.


Brad Davis said if the road parallels the canal, 100 yards of the right of way is obliterated.  Also the town hasn’t lived up to their boundary agreement of 3 years to improve his property and widen the road.  He feels they’re putting money towards the new road and not improving his property.  He wondered if he has to wait 10-15 more years to get those things done when they are putting in 3rd West or are they going to spend the money to widen the road now and then spend it to widen it again to put 3rd West in later.


Mayor Hansen said we can sit back and take no action or work towards something that will be a good solution in the future. If we don’t plan now, we’ll have insurmountable problems in the future that we will wish we never had.   We’ve got to jump on this when we can.  The issue isn’t that the canal should parallel the road.  The issue is if we’re going to stay west of the canal.  The engineer was worried with the saturation of the ground with water.  They’ve had contact with the sewer dept. and others and they also feel that putting the road there will work best for them for their next phase of the sewer project that positively has to be built.


Mel Larsen feels like it’s a good idea that the road lines up with Cherimoya’s to have a natural intersection and it does straddle a fence line so no one property owner has to come up with 100’ of property. 



                                                               -Page 3-

Commission Member Smith said there is a lot going on and we are in the initial step of 300 West as it comes in.  We want to understand the concerns of the individuals.  If things need to be changed, we can try to do that.  He does know you can’t cross Hodges Canyon without making a bridge because it’s so steep.


A member of the audience said he doesn’t question that we need 3rd West.  He does question why we need it to have a 90-degree turn to go down Hodges Canyon and then make another turn.  The road has to cross the canal somewhere, whether it will cross on Hodges Canyon or not.  The culvert that is there now is barely sufficient for present traffic.   He feels the money should be used to make a straighter and safer road, rather than to make two 90-degree turns to service one developer who has a subdivision on both sides of the road.


Mel Maynes said he likes the 90-degree turns.  It slows people down.  It’s in a residential area.  We don’t need everyone to go 60 mph.


A member of the audience asked if the committee has considered a 200 West as well as 150 South street.   Council Member Seiler said the new map shows those additional roads.


Commission Member Huefner said the transportation board is also kicking off a road-naming contest for 300 West.  Loretta Fidler said they will be putting up posters with the rules and entry forms.  Everything needs to be in by April 30th.  It’s all anonymous.  The Transportation Board and the Town Council will select the names. 


Commission Member Huefner said they hope this will benefit the community


Lana Hodges asked why 3rd West is only going to Kimball Lane and not to the end of the city limits?   Commission Member Huefner said as a transportation board, we have been discussing extending it further so Ideal Beach’s customers can access the ATV/snowmobile trails.


Commission Member Smith said as more developments are coming in, the town is requiring them to bear the burden of putting the road through their property.  The development does make money and it needs to go back into the community.


Commission Member Huefner said the town will not expect property owners to put the road in, but if developers come before us, we hope they will be willing to help the town out and put the road in. 


Commission Member Smith said we are working on getting easements.  For those who do donate land, they will get a tax write off.


A member of the audience said UDOT has talked about bypassing roads, updating state roads, etc.  It seems there are some roads needed for Rich Co., they should be able to get money.  He wondered if the town has tried to get money from other places.  Commission Member Smith said we are going to try and get money from everyone we can. 


It was stated that UDOT has a home page that you can look at the overall plan for roads.  There is a deadline for comments and review.


A member of the audience suggested widening US 89 instead of making this other road.  Council Member Seiler this is a town road.  US 89 is a state road.  The audience member said UDOT should look at that road.  They should see that it’s not accommodating their needs and they should do something about it.  The State has deeper pockets than you do.  Council Member Seiler said UDOT plans 30 years out.  We’re getting smart too; we’re trying to plan ahead.  This is our long-range plan.  Maybe the state would widen the road, but that still gives us only one road in and out.  There is a lot of land that people need to get access to and we need to get a long-term plan for those accesses on a map.  So when people start developing, they’ll know to plan for the road.  We are planning ahead so as more people come in, we can show which roads will be beneficial.  But one road in and out will not serve our needs.


The member of the audience wondered why we can’t get UDOT to start working on widening US 89 to help with our present problem.


Commission Member Ballingham said realistically in widening US 89 road, it will take

1 ½ - 2 years.  How do we get around during that time?  Even that has its problems.  If the highway is shut down, it would be a nightmare. 


Paul Webb said by widening US 89 and US30 into 4 lanes, it would increase the speed and we already have a problem with that now.


Mel Maynes said some of us have property and we don’t want a road or trail through it.  Will our opinions be addressed?  Commission Member Smith yes, this is the starting point. 


Mayor Hansen said that’s why we’re here so we can get all the input we can to make a decision.  We would hesitate to take people’s property, but we may have to.


Commission Member Smith said if the property owners are really against this, please write the office and let them know.  Hopefully, there’s a way to get around it.


Randall Hansen said his house is next to US 89 and there are a lot of cars speeding right by his place constantly in the summer.  He feels 3rd West is a good idea.  It will take some of the traffic off US 89.  There are some growing pains and issues to be addressed, but in the long run, he hopes it will work. 


This road will also help with the parade on Raspberry Days. 


Brad Davis asked what the council’s position on Hodges Canyon road now.  Council Member Seiler said money is in this year’s budget; the road is being engineered now.  We are going to know what is needed this year.  Mr. Davis asked what the projected start date is.  Council Member Seiler said it’s started.  It took her a year to get the trees down.  It takes a while to get these things done.   Mayor Hansen said the town plans to stick by

                                                               -Page 5-

the date on the boundary agreement.  Mr. Davis said that’s a different issue than the road.  He’s concerned that we have a subdivision that is filling up and dumps onto a road that isn’t paved.  The road is still a one-way road that serves Sweetwater and Cherimoya.  Now we’re talking about another subdivision on the other side that will need two exits onto the one road that isn’t even paved.


Council Member Seiler said we have to work around everyone else’s schedule.  She is hoping to have it done this year before the snow comes.  But can’t give an exact date.


Commission Member Smith said a lot of thought has been put into this road.  UDOT is requiring turning lanes now, which is very expensive.  This has been laid out the best way we feel we can do it.  If you have property and you don’t want the road to go through it, you need to let the town office know, we’ll see if we can work around it.


Mel Larsen said he’s impacted as much or more than anyone else.  He’s willing to give up some land to help with development.  Other planners he’s talked to agree that this is the best place to put the road in.  It really can’t go above the canal because it’s so steep.  The current culvert will be improved. 


Commission Member Smith said we’re trying to do our best to make this work for everyone.  This is something that the town needs.  We feel this is the most important issue we have right now.  We are also addressing the master plan.  Growth is going to happen.  We just want to be ahead of the growth before it happens.  In the survey, we’re trying to be sensitive to families with children, etc.  so there are trails and parks.


Council Member Seiler said we’re hoping to have an interconnecting trail system within the subdivisions so there will be access to the forest.




A member of the audience again questioned Hodges Canyon Road.  He wondered if it would be exiting on the road.  Ray Elliott said it wasn’t an arbitrary decision for the road to go there.  Mr. Fisher had come with plans for a subdivision near Kimball Lane.  Also, Rulon Crosby, Doug Thompson and Mel Larsen came with a concern of how to get into their subdivision.  There were actually 4 different pieces of property and 4 developers that said they need access.  They agreed that a corridor had to go through there and it would need to start off of Hodges Canyon Rd.  In discussion with the Planning & Zoning, the sewer dept. and town engineer, they talked about the ingress/egress off of Hodges Canyon Rd. and location of a new sewer line for the sewer to annex more land to the west.  They needed to know where their new transmission line could be. 


Mr. Elliott said the town water system has a 14” main line at the bottom of the lane.  They would like to continue it up further and “T” at the intersection of the Cherimoya entrance and continue south.  There will also be a sewer main on the other side of the 100’ easement.  The sewer dept. and the engineer tried to decide where would be the best place to put the road.  They could put it next to the canal, but there were issues of saturation and also the effect of that it would have on one property owner vs. more

                                                               -Page 6-

property owners as they looked at the section line and how many would carry the burden of giving up more land than the other.  There was a myriad of issues that were considered.


3rd West will not dump out onto US 89.  The easement will remain to what it was negotiated to – 60’ and will remain 60’ at the intersection to US 89.  It will not continue at 100’ on Hodges Canyon Rd.


A member of the audience said he’s concerned with two subdivisions exiting onto one narrow road.  Mr. Elliott said that’s why we need to get it to 60’ quickly.


Bobbie Coray questioned the right angles for the 90-degree turn.  She wondered if it affects the lots on top of the hill?  Mr. Elliott doesn’t know, it doesn’t affect his subdivision.


Mel Maynes said he remembers when Cherimoya was coming in, the Planning & Zoning stated that the road needed to be finished.  He wondered why the Planning & Zoning hasn’t made sure that was done.  There was a lot of discussion with school buses stopping there. 


Commission Member Smith said it took a long time to get the accesses and cut trees.


A member of the audience said the town years ago, said this was a priority and they put restrictions on developments until that was done.  He asked a few years ago and was told that they can’t hamstring the developer because the town can’t live up to its obligations.  The problem is that it’s a public safety issue.  He always sees people going too fast on that road and having accidents.  Now there are two more subdivisions accessing the road.  We can’t keep saying it’s okay to keep developing without making the road safe for the people who live there. 


Lana Hodges said for 4 years, the developers haven’t even taken care of the dust problem.  She’s called the mayor and nothing has been done.  She’s not opposed to a development but there needs to be restrictions put on them.  The trees have been burning for 3 weeks.  She feels they are inconsiderate developers.  Mr. Elliott said to call him directly if there is a problem.  Mr. Elliott said it’s the town’s responsibility is to take care of the trees.  Someone will be coming with a sawmill to get rid of the trees.


Mr. Elliott said Tamarind Dr. isn’t done yet, because engineer told him not to pave it yet.  They want to pave Hodges Canyon and Cherimoya when they get the 14” line in the road.


Lana Hodges said she can’t go for more development unless the developer lives to its word and the services are complete.  The Cottages are better neighbors than Cherimoya.  They build the road and pave it.


Larry Hodges asked the Planning &Zoning why they can’t require a dumpster and suppression of dust?  Commission Member Smith said it’s a good idea.

                                                               -Page 7-

Mr. Hodges wondered why there isn’t a porta-potty at the sites also.  They wanted to know why the Building Inspector isn’t here.  People shouldn’t get a Building Permit unless they have plans for a porta-potty.




Bear Hollow Condo’s is located at 300 W.  300 N.  It will be a 56-unit Condominium Planned Unit Development and can be used for affordable housing.  This is in the old Circle C Pit.  Lana Hodges wondered if Circle C owns any property that parallels the canal?  Mr. Johnson said yes, there’s a fence line that Chuck Earl put up. 


Bobbie Coray said she likes the open space.  It was explained that the ordinance requires a PUD to have 70% open space and they will meet that.


Tony Johnson showed a map of the project.  The buildings will be a 7-8 plex and will be 2 stories tall.  Each unit will have their own garage.  There will be 2-3 bedrooms up and down.  There will be 8 buildings with about 56 units.  It will be built with a combination of synthetic rock, hardboard, vinyl, cedar shakes.  They’re not cutting corners.  Mike Knapp wondered how they’re making it affordable if it’s going to be so nice?  He said it’s government subsidized.  You have one chance and he’s concerned with having affordable housing and hopes it will be nice and attractive. 


Mr. Johnson said the rent can be as low as $150 -200 a month depending on the amount of bedrooms. It’s all provided by the government and is a tax credit.  They are all rental units.


He is targeting housing for the service industry. Commission Member Smith explained we want to house employees for our businesses in town.  A lot of the employees would love to work here and live here, but many can’t afford to travel.  Ray Elliott said they’ve talked about bussing them here and found 160-180 people who haven’t got a place to live.  Employer’s are having a tough time getting people to come here to work.


Mr. Johnson would not like to have a fence.  But if it’s necessary it will be done.  It would be an asset.  Most everything there will be developed in the next 2-3 years. 


Dee Hildt asked about people making the properties an ATV track.


Sharlotte Wride wondered if short-time renters would be allowed.  It was stated that it will be a year lease.  She wants to make sure they will meet the Architectural Standards Ordinance.  Commission Member Smith said they have to.


Ray Elliot said they want to discourage the overnight rentals and weekend rentals.  It will be monthly, 3-months, or a yearly lease.  This can be a stepping stone rental, where someone can rent long enough until they can afford a home.


Kathy Webb wondered what ages would be targeted.  Commission Member Smith said retirement age, couples, no children.  There should eventually be something more like a

                                                               -Page 8-

dormitory for young people that come here, but is not this project.




No Comments from the audience.




Mel Maynes said he is concerned with a Planned Unit Development in that area.    Pickleville is not developed now.  Most of the lots are large and he’d like to keep them large and be able to keep his horses there.  He’s against that many people coming in.  He’s not opposed to development but is opposed to 94 buildings on 20 acres.  He feels we should keep it zoned as Recreational Residential.   He’s opposed and would like to keep the lots larger.


Bobbie Coray wondered about the parking for Pickleville Playhouse.  They don’t have much room.   She wondered how they’re going to have parking.  Kent Fisher said they will access off of Kimball Lane.  The Playhouse would be a long walk from their PUD.  Mr. Fisher said they are meeting the PUD ordinance of 70% open space.  It will be well maintained and nice to look at. 


Jim Ruggles wondered if there is a provision for OHV trails.  Kent Fisher said he has met with Planning & Zoning and the Bear Lake Special Service District.  The 3rd West corridor will go down on the south side of his property then to the county.  The road will also go right through his subdivision development.  There will be access through 3rd West.


Lana Hodges asked that the Planning & Zoning look at the General Plan in relation to rural atmosphere/low density.


Sharlotte Wride wondered about parking.  There are other areas in town that are having problems with that.  Commission Member Smith said we’re addressing those things.  In the past, there have been some serious mistakes made.  The property owners also have visitors and we’re trying to make sure they think of that.  Ellouise Satterthwaite said she wants to keep her property open.  She has irrigation rights.  No one cares about the old ditches anymore.  She feels they are building over the irrigation.  Mr. Fisher said he’d make sure she gets her irrigation water.  He’s not going to cut her off.  Bobbie Coray said that should be in writing.  Commission Member Smith said they need to get together and work it out. 


Larry Hodges said the Planning & Zoning should make a note that they address the irrigation ditches when developments come in.


A member of the audience said Mr. Fisher does first class projects. 



                                                               -Page 9-

Mr. Fisher showed a map of his PUD.  It will be done in phases.  There is a meandering road through it and pads of where each unit will be.  There is a lot of open space.  The lane will have to be widened.  He’s not touching Ms. Satterthwaite’s property for the road.  If the town takes her property, she’ll have to work with them.  He showed the two accesses to his PUD.  The PUD won’t access road US 30.  The PUD will be done in phases.  For construction purposes, they’ll access off of Kimball Lane until the next access on 3rd West is ready. 


Mel Maynes said if this happens, he’ll do the same thing.  


Mr. Davis said the Planning & Zoning puts requirements on developers and when they don’t live up to them there’s no consequences.  The people who bear the consequences isn’t the Planning & Zoning, it’s us, the property owners.  The Planning & Zoning should hold the developers to the requirements.  If they don’t follow the requirements, they need to pay the penalty.  Presently, they don’t need to follow the ordinances, because there’s no enforcement. 




Commission Member Smith explained that we are changing the Community Commercial zone to include Multi Family as a Conditional Use Permit. 


There were no comments from the audience.




Commission Member Smith closed the Public Hearing at 7:45 p.m.




APPROVED:                                                               ADJOURNMENT





_______________________________________     ______________________________

Jared Seamons, Chairman                                             Assistant Clerk











                                                               -Page 10-











The Garden City Planning & Zoning Commission held their regular meeting on Wednesday, April 4, 2007 at the Garden City Office Building located at 145 W. Logan Rd.  Commission Chairman Seamons opened the meeting at 7:50 p.m.



Commission Members Present:


            Frank Smith

            Lance Bourne

            Greg Bills

            Jennifer Huefner

            DJ Ballingham

            Jared Seamons


Excused:  Dennis Salzetti


Others Present:


            Sharlene Millard                                   Anita Weston                           Ray Elliott

            Larry & Lana Hodges                           Mel Maynes                             Robert Speirs

            James L. Hansen                                  Joe S. Hansen                          Kent Fisher

            Norman C. Hansen                               Melvin H. Larsen                      Kirk Rich

            Ronald Hansen                                     J.A. Ruggles                            

            Randall Hansen                                     Brad & Jayne Davis                 

            Cindy Snow                                         Valerie & Don Hampton

            Sharlotte Wride                                    Steve & Shelley Fliflet

            Byron Case                                          Loretta Fidler

            Jill Davis                                               Brian House                                                    

            Bobbie Coray                                       Tony Johnson

            Kathy & Paul Webb                             Bill Cox

            Sandra Carlson                                     Debbie Hall

            Margaret & Larry Satterthwaite            Ken Barson     

            Paul Bangerter                                      Doug Thompson

            Ellouise Sims                                        Wayne Seamons

            Mike Knapp                                         Brian Lyons

            Ryan Rogers                                         Doug Thompson

            Dennis Bullock                                     Rulon Crosby

                                                               -Page 1-


Commission Chairman Seamons welcomed everyone to the regular Planning & Zoning meeting.




The minutes of the special meeting of March 12, 2007 were presented.  Commission Member Ballingham made the motion to accept the minutes as currently presented.  Commission Member Huefner seconded the motion.  All in favor and the motion carried.


The minutes of the special meeting of March 14, 2007 were presented.  Commission Member Smith made the motion to approve the minutes as presented.  Commission Member Ballingham seconded the motion.  All in favor and the motion carried.


The minutes of the regular meeting of March 7, 2007 were presented.  Commission Member Bourne made the motion to approve with corrections made.  Commission Member Huefner seconded the motion.  All in favor and the motion carried.




Commission Member Greg Bills received his Oath of Office.




This ordinance would allow multi-family apartments as a Conditional Use in the Community Commercial zone.  Commission Member Smith said he agrees that we need this.  It was just something that was earlier overlooked and should be allowed to be in that zone. 


Commission Member Ballingham would like to add to a definition of multi-family apartment.  He feels this could be approved as it is, but in the future, we should get a definition in there.


There was discussion as to what they were intending as a multi-family apartment. 


Commission Chairman Seamons said we need to be okay with this; we need to get it right first.  He wondered if we want to get the definition in there now.  Commission Member Ballingham suggested changing the Conditional Use to include it as 4 families.  Commission Chairman Seamons said we can include it and then go through the Public Hearing process again.


Commission Member Smith said it should say 4 or more families. 


Commission Member Ballingham made the motion to approve this addition to update Ordinance #07-10 in anticipation to change the verbage and have a Public Hearing next month.  Commission Member Huefner seconded the motion.  All in favor and the motion carried.

                                                               -Page 2-




This subdivision is for 7 lots behind homes between 1580 thru 1603 S. Bear Lake Blvd.

Mr. Crosby said this plat does not include the front two properties on Bear Lake Blvd.  Their engineer inadvertently added them to the plat.  Mr. Crosby showed the boundary of the subdivision.  He said the engineer showed the 8” sewer line from Bear Lake Blvd. to 300 West that will serve them well.  The sewer will eventually be a 14” sewer line. 


Mr. Crosby said he and Mr. Thompson do not have water rights, but would like to pay the town for water.  Commission Chairman Seamons said they need to work with the Town Council for that.  It will be required for final approval.


Commission Chairman Seamons said they do have 3” asphalt.  They need to make changes of 3” asphalt, 6” crushed gravel and 10” pit run. 


Dave Stringham said there will be an 18” sewer line instead of a 14”.   It is anticipated to be installed the same time 300 W. goes in.


Commission Chairman Seamons went through the Subdivision Preliminary Plat Requirements. 


They will need the following on the final plat:  location, owners, north point, date of preparation, scale, monuments, south property owner written on plat, location of Bear Lake Blvd. and existing streets, location of right of ways, building setback lines, label easements and drainage, grade of streets, 3” of asphalt, 6” crushed gravel and 10” of pit run for roads.


The cul de sac is 30’ wide.


The only access to this subdivision is 3rd West.  Mr. Larsen wondered about deeding the road to the town.  Commission Chairman Seamons said as long as it meets the ordinance.  It would be good to ask the Town Council.


Mr. Crosby wondered about the timing of the intersection for 3rd West.  He was told they’re working on it right now.  It may take some time.


Commission Member Bourne made the motion to approve the subdivision preliminary plat with the condition that their road will be built to subdivision requirements which is 3” asphalt, 6” crushed gravel and 10” pit run.  No Building Permits will be issued until the 3rd West road is complete to that subdivision.  Commission Member Bills seconded the motion.  All in favor and the motion carried.





                                                               -Page 3-



Mr. Elliott said he and Mr. Mecham are sharing easements with Mr. Crosby, Mr. Thompson and Mr. Larsen.  He has drawn the road with an exit onto Hodges Canyon Rd.  He wondered about the cul de sac facing 3rd West, which is west of Cottonwood Lane.


3rd West will be the trailhead for ATV’s and they don’t want it to be a speedway.  He will have the change on the final plat.  Mel Larsen owns the property to the south and is going to access future lots off that road.


Commission Chairman Seamons went through the Preliminary Plat Checklist.


The following needs to be on the final plat:  subdivision name needs to be changed on plat, location, owners identified, date of preparation, adjoining property owners named, names and location of all streets, all easements, utility right of ways, they need open space- 50% of it usable, cul de sac drawn on there, (minimum of two entrances not necessary because of cul de sac), Hodges Canyon will be used as an access to the lots, building setback lines, utility drainage, cross sections of streets need to be added to #3 and #6, grade of streets, storm water drainage plan.


Commission Member Ballingham made the motion to accept the preliminary plat for Traihead Subdivision as presented, as long as the above-mentioned requirements are on the final plat.  No Building Permit can be sold until that section of 3rd West is completed.  Power utilities need to be resolved for accessible power to all lots.  Commission Member Smith seconded the motion.  All in favor and the motion carried.


FINAL PLAT APPROVAL FOR SHUNDAHAI – Eagle Feather (1st Phase),  Ray Elliott


Mr. Elliott said Jim McCord will be doing his own subdivision.


Commission Chairman Seamons went through the Final Plat Checklist. 


The final plat requirements that need to be addressed are:  land surveyor signs the final plat and needs to be recorded, name of subdivision on plat, linear dimensions on final, change wording to open space from tracks, distance to the nearest establishment, street line, benchmarks, monuments, pipes on corners, corner box for official use, Rich Co. datum, road grave to be 3”, 6”, 10”, engineer approval for catch basins, address of project, letter from the County Recorder saying taxes are paid, legal description needs to be on the plat, boxes with approvals, storm water drainage, meter locations, location of water tank, pumping station locations, electricity shown for water system, utility and maintenance easements, letter of credit landscaping plan.


There was discussion about the easement across the Bowler property being used for a crash gate.  Mr. Elliott said Ted Wilson told him there’s a road there and the crash gate will also be used for Bridgerland.  His other access goes onto the Highway.



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UDOT is requiring them to widen the road and put in turning lane.


Mr. Elliott read from a letter from the Health Dept. The drain field for some lots didn’t meet the Perc. Test.  Mr. Elliott said the motion needs to be written to follow the Health Dept. recommendations. 


150’ of the steep road on Coyote Tracks Circle is there.  Mr. Elliott said there needs to be another final plat approval for Jim McCord’s subdivision.  They are included jointly so they would know what to do.  Track E is open space.  The water tank is going to go on another piece of their property. 


Commission Member Bourne said the tank was already approved in the first phase on the preliminary approval.  If it’s going to be moved, it needs to come before the Planning & Zoning and have another Public Hearing.  If there is a big tank at the top of the hill it will be ugly.  As a Planning & Zoning member, he needs to protect the community and try to leave it nice.  He wants it to come back for the change.


Mr. Elliott said they moved the tank to improve the water pressure.  The town will take over the water tank.  His engineer and the town’s engineer came up with the new location and increased the size for fire flow for Buttercup and all the developments below.  It will be at the top of Pole Hill, which is south of Eagle Feather.  Commission Member Smith suggested burying the tank so it may be nicer to look at.


Commission Member Bourne said many people who are upset about moving the tank have approached him.  Mr. Elliott said it was required by the town engineer to move it. 


Commission Member Bourne said the aesthetic value of the tank needs to be thought about.  He doesn’t want to destroy the look of the hillside for a water tank.  He feels that a developer shouldn’t have the right to destroy a view.  Everyone will be looking at it from the top of the hill.  It could be required by the Planning & Zoning to bury the tank and the land around it to be reclaimed.


Commission Member Bourne said the Planning & Zoning needs to make sure the tank is big enough to take care of fire flow.


Mr. Elliott questioned the reclamation of the hillside.  He said there will eventually be roads to the top of the mountain in future development.  Ted Wilson will also be developing the other side of the hill as soon as the tank is in.


Commission Member Huefner said people have to live on this earth.  If they need to put the water tank there and try to make it nice, she thinks that’s good.  Commission Member Ballingham said Mr. Elliott should come back for approval of the change of the final plat.


Commission Chairman Seamons suggested that Mr. Elliott bring in his CC&R’s and Bylaws for the HOA.



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Commission Chairman Seamons said they need to go through the checklist for every final so nothing is missed.  Mr. Elliott suggested the preliminary approval be sent so they know what needs to be done for final.


There will be no motion tonight.  Before the final comes before the Planning & Zoning, there needs to be another meeting to show the change of the water tank and water system.


BEAR HOLLOW CONDO’S,  Tony Johnson, Ray Elliott


There will be 56 units in this condo project instead of 49. 


Commission Member Ballingham wondered if this is a PUD.  He doesn’t think it meets the open space requirements.  Ray Elliott wondered if it would go within the Community Commercial zone ordinance that was approved tonight.  Commission Chairman Seamons agreed.  It could be a Conditional Use Permit within the Community Commercial zone.


Commission Member Ballingham said this project looks good and wondered if it’s Title 9 housing.  Mr. Johnson said it’s Title 42 – a type of affordable housing.


There are specific requirements that tenants have to comply with.  It’s based on a scale.  There will be 10 units being rented at market rate – 40 at affordable rate.  Mr. Johnson said they had to have an appraiser appraise it for market rate.  It will be an apartment complex, but will be built to condo specs.  If it doesn’t work, they may sell them off or use as an apartment complex.  The minimum lease is not determined, but there will be no nightly/weekly rentals.  Ray Elliott said the state requires there to be a lease with a minimum of 6-12 months.


Commission Member Ballingham said he is concerned with it being turned into a timeshare.  Mr. Johnson said if you’re allocated the tax credits, the bank comes in and buys 99.9% of the entity.  They’re in the deal for 15 years and then he’ll buy them back out.  He has to agree to income and rent agreements for 99 years.  The provisions won’t let him sub-sell or sub-lease them.  There will be someone there onsite to watch over it.  He said the Title 42 guidelines are very restrictive


Commission Chairman Seamons said it would be smart to do fencing.  Mr. Johnson agreed.  Commission Member Ballingham said it creates a sense of privacy.  There will be a road that loops around the project.


It was suggested that Mr. Johnson talk with the sanitation department about dumpster sites and see if they’re accessible.


There are commercial pads in the front.    There was discussion about the width of the road.  Commission Chairman Seamons said they require 30’ easements for emergency reasons.  Mr. Johnson said there will be some single and some double garages.  There will be parking in the front and on the side.



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Commission Member Ballingham said we need to set a road size and make it precedence tonight.  He recommended 24’ with a shoulder of 3’ on each side.  Commission Chairman Seamons said they can’t require the road to be paved.  Commission Member

Ballingham said this is a private road.  He didn’t think the town would want to take it over.


Mr. Elliott said there is another owner on the other side.  There will need to be a town road through there to get to it.  If it meets town code, they will need to take it over.


Commission Member Ballingham made the motion that we approve the Conditional Use Permit for the utilization of this property with the following requirements:  Minimum lease duration of 1 month, fence around the property line, approval from county for dumpster location, road be established surrounding 30’ easement with 24’ being the road.  Commission Member Bourne seconded the motion.  All in favor and the motion carried.




Commission Member Smith removed himself because he has a conflict of interest. 


There are 105 units in Lakeview Manor.  Mr. Rogers said they are going in with Elk’s Ridge for the clubhouse.


Commission Chairman Seamons went through the preliminary checklist.


The items that need to be on the final plat are:  elevations, landscape plan, letter of credit, there is no commercial in this project.  Council Member House said they could make the road smaller in width if they want the setbacks larger than 20’, but the terrain is steep and doubted the road could continue at 30’. Commission Member Bourne said we should accommodate more off street parking and make the road smaller to get more setbacks.  There should be 2’ on each side of the road for setbacks.


Bobbie Coray asked if someone parked on the side of the road, could others get around them?  There was discussion about property owners having garages and more off street parking to help with more parking.  Mr. Frank Smith said they will also have more open areas to help with parking.  Commission Member Bourne said PUD’s will have no on-street parking in the CC&R’s.


Council Member House said they have 76% open space.  Their property is so high; he’s not worried about a fence or planting strip.  They do have 37 other parking areas to help with parking.


They will talk with the county about dumpster locations.


Commission Member Huefner said she is concerned about the egress/ingress into Elk’s Ridge.  She wondered where Elk’s Ridge’s accesses are.  Mr. Smith showed them to her.  He said there will eventually be a road through Swan Creek, but for now one will come through Harbor Village and down the hill.

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Commission Member Bourne said there shouldn’t be any Building Permits issued until the road is completed and graveled.


There was a question about the water in Elk’s Ridge.  Mr. Smith said he just needs to get a pad and a pressure reducer valve in.


Mr. Rogers said they will be buying water from the town for Lakeview Manor.


Commission Member Huefner made the motion to accept the Preliminary PUD application for Lakeview Manor and Ryan Rogers with the condition that Elk’s Ridge must be complete before a Building Permit can be issued.  All Preliminary PUD procedure requirements are completed on the checklist as outlined.  Commission Member Bills seconded the motion.  All in favor and the motion carried.




Mr. Fisher showed the updated plat.  He knew 3rd West would be coming in so he arranged his subdivision to include it.  He has also discussed the sewer with Dave Stringham.   The road will help separate the commercial from residential.


Commission Chairman Seamons said they are heading in the right direction with their accesses for Phase I. 


Mr. Smith talked about having parks and playgrounds within the subdivision without costing too much money.  He wondered about classifying that area as open space.


Commission Member Ballingham said the clubhouse would be defined within the section it will be in.  Council Member House suggested putting it in as future development.  Mr. Smith said he doesn’t like to see someone show they are putting in a pool and then they never get to it.


Commission Member Ballingham said the town is starting to require developers to help develop 3rd West within their own areas.  Mr. Fisher said that was never proposed and he needs to discuss that.  He could do the section of the road that is required for egress/ingress of the subdivision.  Commission Member Ballingham said they’re not talking 100’ right of way.  Just the 30’ easement with 24’ road and it should be done to town specs.




Mr. Speirs said he originally wanted to put in 114 units and has downsized to 94 units.  They are using the property off of Kimball Lane and south of the PUD for roads.  There has been some sacrifice to try and squeeze things in, but they’re still meeting the requirements for 70% open space. 



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Commission Member Smith wondered where the detention ponds are.  Mr. Fisher showed them and said they just tried to see where they would fit.  There will be parks within the open space.  Commission Member Smith suggested not overdoing detention ponds so children don’t fall in them.  Commission Chairman Seamons suggested working with the town engineer on placement of the detention ponds.


Mr. Fisher said he would do the PUD in phases.  There is a higher water table towards the bottom.  They have wondered about doing a land drain where the water collects and is pumped back out.  Mr. Elliott and Mr. Fisher discussed pumping the collected water to the golf course to help water their lawn.


Commission Member Bourne questioned the water for Ellouise Sims.  Mr. Fisher said her property is just north of his.  He can talk with her and work it out.  If she doesn’t use the ditch water, maybe he can pressurize it for her.  He’ll make sure she’ll have her water.  Mr. Speirs said they’re smarter than taking someone’s water.


Commission Member Huefner said she really likes the pathways.  Mr. Fisher said they will be paved or in concrete, so they can be usable.  If they use gravel, it would get in the grass.  The maintenance will be by the HOA.  He had the landscaping plans attached.  They will work with the Rich County sanitation dept. and show where the dumpsters will be on their plat.


Commission Member Ballingham asked about how the roads will be done within the phases.  Mr. Fisher said he’d have to put the road base on the section of ground for access within each phase.  They will always be adding road base for each phase.  Commission Member Ballingham said to always make sure there are two entrances.


Commission Member Smith said we usually require 10% open space for each phase.


It was mentioned that if the final plat is changed, they will need to get all the signatures of the buyers to sign off on it.


Mr. Fisher wondered about leaving a few lots as open space until the next phase is being developed.  After the phase is developed, they can fill in the first open space.


Commission Chairman Seamons went over the preliminary checklist:


Items that need to be on the plat: dumpster locations and letter of credit.


Mr. Fisher said they will add additional stalls for parking.  There is also additional parking in front of garages.  They are trying to keep the cars off the streets.


Mr. Fisher said there will be two floor plans to choose from, but they can expand and go with more bedrooms.  He showed a few different elevations of the buildings.  They will use rock around columns and the buildings will follow a lake theme.  There could be two identical homes from the inside, but on the outside you’d never know it because they’re all designed differently.

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Commission Member Huefner made the motion that we recommend to the Town Council to approve the Preliminary PUD application for Phase I of the Villages at Lighthouse Pointe with the condition that they need to complete the requirements on the checklist.  Commission Member Bills seconded the motion.  All in favor and the motion carried.




Mr. Ballingham said he is representing his parents who own a lot behind his new home.  They would like to divide the lot into three lots, sell one and keep two.  The road in front is proposed to be a main road to 3rd West.  It has a 25’ easement as long as the road on the north side is also 25’.  Mr. Ballingham doesn’t think they anticipate the property owner helping with the easement on the north side.  Anita Weston said she knows the owner and doesn’t think they can do much with the property.  She thinks the son would just like to get rid of it.


The lot to the west of his parents lot is also zoned community commercial.  The owner would like to put in a funeral home.  Right now it’s a 1-acre piece of property.  If there is a 30’ easement on the north side of his lot, he won’t meet his setbacks.  It’s a non-conforming flag lot and should be treated as a minor subdivision; he doesn’t think there’s a provision for a 30’ easement.  He wants to make sure this is done appropriately.


Commission Member Smith said if the road is put on the general plan, we have some leeway for that lot.


Commission Member Huefner said the town will need to look at the road situation as the road is developed.


It was said if the town asked the property owner north of Ballingham’s to deed some of their property to the town they wouldn’t do it unless the town paid them.  The son may do it.  Bobbie Coray said money helps with eminent domain. Commission Member Huefner said the town isn’t ready to do that right now.


Commission Chairman Seamons said we should ask the town if they would approach the landowner and see if they would work with them to help with the road.


Commission Member Smith said if a road is on both sides of a piece of property, it’s worth more.


Mr. Ballingham said as it stands right now, it’s a non-conforming lot, and there’s no way to make them conform because of the road.  They would be considered a flag lot until the road goes through. 


Commission Member Huefner suggested Mr. Ballingham approaching them personally.


Commission Member Smith said a flag lot requires a 30’ easement, a minor subdivision requires 24’.  Commission Chairman Seamons said we’ve already set precedence of 30’ with the new ordinance on flag lots.

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Bobbie Coray suggested telling the property owner that the town is asking everyone to donate ½ the width of the road.  Mr. Ballingham said they only need 5’ more.


Mr. Ballingham said he’s concerned where to put a road if they are not willing to give up the property.  He wondered if it could be subdivided without waiting for the feet to be given up.  The Planning & Zoning didn’t think so. 


Commission Member Smith talked about buying property on 3rd West to help with the road.  Commission Chairman Seamons said to address it with the transportation board.




Commission Chairman Seamons said we need to decide when to get back together to go over the General Plan.  It’s too late tonight.  He would like them to get their questionnaires to him.  They don’t need to follow the schedule; it’s more of a timeframe.


Commission Chairman Seamons said we need to get some feedback.  We are giving our very best effort and need to make a final determination.


They will be doing individual surveys. 


They need to implement what they feel is prudent for their category.


Commission Chairman Seamons said we need to try to get it worked through within the next couple of weeks and when we meet on the 3rd Wednesday, we can communicate.




There were no miscellaneous items to discuss.




Commission Member Ballingham made the motion to adjourn at 11:50 p.m.  Commission Member Huefner seconded the motion.  All in favor and the motion carried.



APPROVED:                                                   ATTEST:




__________________________________    __________________________________

Jared Seamons, Chairman                                 Assistant Clerk





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