Meeting Minutes 2008


MINUTES OF THE

MEETING OF THE

PLANNING COMMISSION OF

THE TOWN OF GARDEN CITY, UTAH

 

The Garden City Planning Commission held a their regularly scheduled meeting on April 2, 2008 at the Garden City Office, 145 W. Logan Road (Center Street).  Commission Member Smith called the meeting to order at 7:05 p.m.

 

Commission Members Present:

Frank Smith

DJ Ballingham

Pat Argyle

Lance Bourn

Scott Gough

Greg Bills

 

Excused:

Jennifer Huefner, Chair

 

Others Present:


Kathy Hislop

Jerry Foster

Jason Foster

Walter Rowloff

Brian House

Kathy Stringham

Mark Stringham

Chris Webb

Chuck Webb

Paul Webb

Kathy Webb

Sue Lutz

Ray Lutz

Joan Akre

Bess Huefner

Don Huefner

Anita Weston

 

Van Garner

David Hawks

Jenny Hawks

Gerhard Hoenig

Leonhard Matthews

Mel Maynes

Krista Klein

Dallas Solum

Marcia Solum

Ken Storrs

Bobbie Coray

Deanna Tolentino

Norm Mecham

Bret Peterson

Sharlene Millard

Norm Anderson

Brent Oleson


 

 

Commission Member Smith called for a roll call of the Commission Members present.

 


APPROVAL OF MINUTES

 

Minutes of the Public Hearing held on March 5, 2008

 

Commission Member Ballingham moved to accept the minutes of the public hearing held on March 5, 2008 as they are currently presented.  Commission Member Gough seconded the motion.  All in favor and the motion carried.

 

Planning Commission meeting held on March 5, 2008

 

Commission Member Ballingham moved to accept the minutes of the Planning Commission meeting held on March 5, 2008 as they are currently presented.  Commission Member Bourne seconded the motion.  All in favor and the motion carried.

 

Commission Member Ballingham asked to move agenda item #E to the beginning of the meeting.  The Commission Members agreed to change the order of the agenda.

 

DISCUSSION REGARDING THE PROPOSED ZONING MAP AND COMMUNITY COMMERCIAL ZONE ORDINANCE

 

Commission Member Ballingham stated that as per the Commissions discussion last month he has updated the commercial zone.  He said that we need to have a place where we can set aside areas  for retail and light industrial.  He looked at a number of different cities and pulled from their ordinances to created the proposed ordinance, and he feels that he stayed true to what was discussed last month.

 

Commission Member Ballingham explained that Zone 1 will be considered the retail zone area, which will be for restaurants, stores, etc.   This will be the zone where we want people to really flock to.  He stated that we need to group similar use businesses together in the same area.  That will help direct traffic to some degree.  He suggested that we set aside 400' on both sides of Paradise Parkway for Zone 1 commercial.

 

Zone 2 will be the commercial/light industrial use zone.  These things may not be as aesthetically pleasing as the businesses that are in Zone 1.  This area will be very assessable, very usable, but not visible from the main road.  These type of businesses will be hidden by the retail business.

 

Zone 3 will be a mixed use zone.  It can be commercial and residential.  The homes must meet residential standards.  This zone is the closest to the commercial area that we have right now.

 


Commission Member Ballingham showed the zoning map, which outlines the new zones.  He explained the design for the different commercial zones in Town.  Commission Member Smith said that we may need to look at exceptions from time to time.  He asked if it is an entrance going into a town home project why would we require them to be commercial in front?  Commission Member Ballingham asked what we want our town to look like?  Do we want to have a whole lot of businesses lined up and then all of a sudden we have a town home project or do we want continuity in the uses in specific areas.

 

Commission Member Bills said that there should be a mixture between the town homes and the retail businesses.  He said that he is not sure that we can dictate what we are trying to dictate.

 

Commission Member Argyle said that if 300 West runs from highway 89 to Buttercup it appears this will hold people hostage along that area because it could be 20 years before there is any development.  She suggested that we do more of a commercial blocking instead of a corridor.

 

Commission Member Gough said that he agrees with the plan, it is important to keep the corridor as businesses.  It makes sense to have Paradise Parkway as the corridor and we need to zone this area for retail.  He said that there will be people that will be upset over this change.

 

Commission Member Bourne said that we can protect the corridor with our ordinances such as the architectural standards.  We want them to build within our standards.  He agrees with the proposed plan.

 

Commission Member Bills said that he agrees that some boundaries need to be made, and this plan will help get a lot of our traffic out of the downtown area.  He supports the concept that people should be able to walk to the commercial areas.

 

Commission Member Smith said that 400 feet is a big piece of ground.  He asked if we need that much space?  If a single business goes in that area will they need 400'?  Commission Member Ballingham said that if someone wants to propose a project this plan will give us the opportunity to negotiate and compromise.  He said that we should set the standard high now and the Town can negotiate with the property owner later.  Commission Member Gough said that there will be a lot of negotiating with this ordinance. 

 

Commission Member Ballingham said that 400' is half a block and we would be creating half a block as retail.  He said that there are a couple of areas that can=t really be compromised on unless we feel as a group that we need to change that area.

 

Commission Member Ballingham said that we have projects coming up tonight which this plan will affect.  We are protected and we are able to make a decision tonight based on previous conversations.  From a legal stand point we have the ability to make decisions based on this conversation, even though it has not gone to a public hearing and even though it has not gone to the Town Council.  We can make decisions based on this in anticipation that this will be going to the Town Council and upon their approval a public hearing can be held and this will be approved by them. 

 

 


Commission Member Bills said that he would back that with the provision that if for some reason it is not approved by the Town Council then we approve the project that will be presented tonight contingent on what is on the books now.

 

Commission Member Ballingham asked that the Planning Commission to make a motion to send the proposed zoning map and the ordinance to the Town Council stating that they are in agreement with this plan.

 

Commission Member Argyle said that she feels that this can=t be approved without a public hearing.  Commission Member Ballingham said that he is just asking to take this to the Town Council.  Commission Member Argyle and Commission Member Smith said that they agreed that this needs to go through the process.  Commission Member Ballingham said that this plan has to do with the future intention of the land and what the Commission wants in that area.  We can=t allow something that doesn=t include the plans and vision of the Town.  We need to make decisions based on the future vision of what we need there. 

 

Commission Member Gough  said that we need to have a plan and we need to have somewhere were we are going to start.

 

Commission Member Ballingham asked for a consensus or a vote on this plan.  Commission Member Smith  said that he is okay with the plan as long as we have some flexibilities to negotiate.  We don=t want to prevent anyone from doing a project but we do want to encourage people to do this.  We need to take care of this right now not 10 years from now.  He said that the Commission agreed that we wanted this.

 

Commission Member Ballingham said that we need to present this plan to the Town Council and agree that this is our vision for the Town.  Commission Member Bills said that he likes the idea but he doesn=t agree that if we don=t have this on the books right now and if someone comes in with a plan that we can say no to their plan without having this on the books.  Commission Member Ballingham said that this is on the books right now.  Commission Member Bills asked if it is fair to someone who has taken the time to make a plan according to what is on the books and we say no based on this being approved later.  He said that is not fair and he will not vote against that project.  Commission Member Ballingham said that it may not be fair but it will be legal.  We can approve it based on our previous discussions.

 

Commission Member Gough  said that we have been working on this for a long time and we need to go through with this and say this is what we want to do. 

 


Commission Member Ballingham made the motion to accept the new ordinance as presented, the commercial zone ordinance, with the understanding that this will go before the Town Council and they will have the ability to adjust, reject or accept this ordinance as it has been presented.   It is also proposed that we accept the map as it is currently designated or drawn up based upon the ordinance as it has been presented to us as a Commission.  It is also a part of that motion that the decisions tonight may be based on this plan as presented however those decisions may change in the future based on the decision of the Town Council to either uphold or to deny this ordinance as presented.  Commission Member Gough  seconded the motion.  A roll call vote was taken: Commission Member Ballingham, for; Commission Member Bourne, for; Commission Member Gough, for; Commission Member Bills, for; Commission Member Smith, for; Commission Member Argyle, opposed.  Motion Carried.  

 

Commission Member Smith said that this ordinance is for the benefit of everyone.

 

Commission Member Ballingham made the motion to move the discussion and approval of the rest of the ordinances down on the agenda after the rest of agenda items are completed. Commission Member Bourne seconded the motion.  All in favor and the motion carried.

 

UPDATE THE MASTER PLAN FOR KOA, Curtis Moldenhauer

 

Mr. Moldenhauer explained that the reason they are here tonight is that they were asked to make sure the Master Plan on file is correct.  The campground sits on 17 acres and they have an additional 8 acres which they are not including on this Master Plan. 

 

The new drawing shows the additional cabins that will be put in and the overflow will just be parking. 

 

Commission Member Ballingham said that this is along the 300 west and it should be grand fathered but creating additional space back there may require additional thought based on the previous discussion.  Commission Member Ballingham asked what can be done to meet both the needs of KOA and the desires of the Town.  Mr. Moldenhauer said that there is not enough property there to meet the 400' requirement.

 

Commission Member Smith said that this is an existing place and everything is there already.  He said that he owns property across 3rd west and he would like to see beautification along 300 west. 

Commission Member Ballingham said that the Master Plan should be brought before the Town Council and determine what they do want in that area. 

 

ZONE CHANGE AT 465 S. BEAR LAKE BLVD., Jim Reese and Lamar Spencer. 

 

Neither Mr. Jim Reese or Mr. Lamar Spencer are attending the meeting tonight.  This agenda item was not discussed.

 

 

 

 

 


PLANNED UNIT DEVELOPMENT APPLICATION FOR TOWN HOMES AT 100 WEST 350 SOUTH,  Shawn Strong and Charles Webb

 

Mr. Strong stated that under the current ordinance he is proposing 152 units on the property for a planned residential unit development for town homes.  They have common areas, a clubhouse and a pool in their plan.  They feel that it is adequate parking according to the current ordinance.  He stated that each unit has a double garage plus a 20' driveway for 2 cars.  There is also 57 additional parking stalls.

 

Commission Member Gough  asked about parking for large boats and RV=s.  Mr. Strong showed the larger parking area on the plat, which are scattered throughout the development.  Commission Member Gough said that the parking lot is not deep enough for a trailer on a truck.  They would have to drop off the trailer and park next to each other.   He said that there are areas that can be changed to accommodate the longer vehicles.

 

This project will be done in phases and phase I will come off of 100 west.  Mr. Strong said that he can do a temporary egress on 350 S.  Commission Member Ballingham stated that the infrastructure needs to be in prior to building all the buildings.  Commission Member Gough  said that they could allow phase 1 to be done with the temporary access but not beyond that first phase.  Commission Member Ballingham stated that 350 South needs to be developed all the way for this development.

 

Mr. Strong said that he is proposing this plan as it is right now based on the current ordinance.

Mr. Webb said that Mr. Strong has come in, spent money, time, and effort to meet the current ordinance and he feels that the Commission is hurrying to change the ordinance.  Commission Member Bourne  said that we have been working on this for over 3 months and it just happened to be on the same night as their proposed project and it is very unfair for Mr. Webb to state that the Commission has an agenda. 

 

Mr. Webb said that this proposal should go under the current rules.  Commission Member Ballingham stated that he doesn=t really care about the town homes coming in down the street from him.  He said that he looks at everything from a safety standpoint.  We need to watch out for what is in the Towns best interest and he doesn=t feel that this, as it is currently presented, is in the Town=s best interest.

 

Commission Member Smith said that for this project on 300 west we can compromise and keep the commercial to 200'.  That would still allow for an access through to their project. 

 

Commission Member Ballingham said that if this plan is a conceptual plan there are a couple things that they need to change. We need the commercial corridor but it may not need to be 400', we may just need to require 200' but that would be up to the Town Council.  We also need to see what roads will be developed for the project.  They must have an ingress and an egress.  He recommends that they have 3 accesses, 2 on 350 south and one off 300 west.  If they need a temporary access that is okay.


Commission Member Bourne said that they need a dumpster location or a plan for the large black garbage cans.  Mr. Strong said that they will probably use dumpsters.  

 

Commission Member Smith suggested that they come back in with an updated plan including what was discussed and propose tonight.  He said that he would suggest 200' on 300 west for commercial, and that could be the compromise.

 

Commission Member Bourne said that this project will be done in phases and when they do the last phase they may agree that the commercial area is a great option.

 

Commission Member Ballingham moved to invite the gentleman to come back next month with the changes that were proposed so that we can review them and look to see how each phase is going to develop, identify where their ingress and egress is going to be legitimately and at that point in time we can re-address this issue. Commission Member Argyle asked if we could pass this based on them coming back next month with the changes.  Commission Member Ballingham said that we don=t have enough information.  Commission Member Bourne said that we need to see a map laid out with their ingress and egress.  We can=t approve this because the ingress and egress is not established.  Everything must be drawn out to scale and shown on the map.  Commission Member Bourne seconded the motion.  A roll call vote was taken: Commission Member Ballingham, for; Commission Member Bourne, for; Commission Member Gough, for; Commission Member Bills, for; Commission Member Smith, for; Commission Member Argyle, opposed.  Motion Carried. 

 

PLANNED UNIT DEVELOPMENT FOR THE LODGE AT BEAR LAKE, Norm Mecham and Bret Peterson

 

Mr. Bret Peterson explained the project for the Lodge at Bear Lake.  They will have the  commercial area along Bear Lake Blvd.  The plan is to have a large open lodge where people can walk through.  They are trying to create a nice pedestrian area in the front of the commercial area. 

Mr. Peterson said that they want to be a part of creating a new image for Garden City.  He feels that it could be a nice signature piece right in the center of Town.

 

This project will be built in phases.  They want to start the project along the highway and on the north side and move towards the south.  They want to redevelop where the Motor Lodge is right now and that will be included in the commercial area.

 

Mr. Peterson said that the mixed use is needed for the commercial.  Mixed use is getting more and more popular everywhere.  The residential is making the commercial viable.  They envision that this is a 12 month project and when it is finished it will be a year round commercial business area. 

 


Mr. Peterson said that based on the earlier comments, they have looked at the parking in depth and it meets the current ordinance.  They are willing to work with the parking along 150 S. and try to limit the access onto that road.  They are trying to move the traffic around in different directions.  They have planned for 3 different accesses.  They tried to provide a place for someone to come and park their car and leave it there for 4 or 5 days and stay there without having to drive to go somewhere else.  

 

The amenities in this development are available to all the owners in Shundahai.  They will have access to use the pool and the open areas in this development.  Commission Member Ballingham said that 351 parking stalls for the people who live in this development should be adequate but it may not be enough for all the other people who are given access to this area.  They will need to drive to this project and there should be more parking for them.

 

Commission Member Ballingham said that according to the plan there is 157 protected stalls for the homeowners and 152 units that means that they only have 1 stall per unit.  He said that is no where near adequate.  The remaining stalls are for the commercial area.  Mr. Peterson said that they will probably allow short term rentals for the condo=s.

 

Commission Member Bourne said that in the new PUD ordinance spells out the parking requirement for these type of developments.

 

Commission Member Bourne asked about the wetlands.  Mr. Peterson stated that they are working with the Army Corp of Engineers but they may be able to create more parking if they mitigate some of the wetlands.  They are open to that type of idea depending on the decision of the Army Corp of Engineers.

 

Commission Member Ballingham said that as soon as they invite everyone in Shundahai down to use the amenities then that creates a problem with parking and the accesses that surround the Huefner=s.  That access is too close to the main road.  Mr. Peterson said that they may be able to move the access off 150 S so that it is further off the Blvd and further from the Huefner home.

 

Commission Member Gough said that he is concerned with the commercial parking and that the people from Shundahai can park there.  If the commercial area is full they will start parking on the streets.

 

Mr. Peterson said that he thinks that the food and retail establishments will draw people to the development.  They plan to have retail shops and services in the commercial area that are good for new cabin owners who may be outfitting their cabins or homes.

 

They will need a UDOT permit for their access on and off Hwy 89.  They will also have to get the traffic study from UDOT for the accesses.

 


Mr. Peterson said that they maybe able to help the access and the parking issue if the Commission is open to talk about the height requirement and allow them to be able to add more vertical height on the condominiums.  Commission Member Ballingham said that he is not opposed to that.  Mr. Peterson said that if they were able to add one more level on the buildings that are next to the parking area then they could add more parking areas.  Commission Member Ballingham would also like to see the commercial building raised to allow more parking. 

 

Commission Member Ballingham also said that 150 S. is the primary access to the beach and there are some improvements there that can be done on that lane that would be a huge improvement to the town road.  Mr. Norm Mecham said that they would be interested in making sure that the view access on 150 S. is maintained.  He said that they are willing to help improve that road and widen it.  They can widen that road and take out some of the trees and ditches that would make 150 South better.

 

The Commission agreed that they can go up around 42' on the front buildings that are along the Blvd.  The next building would be about 45' high.  Commission Member Smith  said that during the last few months they have talked about the 35' and that it may not be high enough for what we may be getting in town in the future. 

 

Mr. Peterson said that every building will have a sprinkler system in them for fire protection.  He said that the access in the development will be designed so that the big trucks, fire trucks and emergency vehicles, can get in to all areas of the development.  The landscape will be constructed so that the fire trucks can get through there.

 

Mr. Peterson said that they would like to complete the first phase by the end of the summer.  This should be a 3 phase project.

 

This is just a conceptual of the Planned Unit Development plan and it will go to the Town Council next week for their review, with the changes that have been discussed tonight.

 

ORDINANCE DISCUSSION/APPROVAL

 

Ordinance  #08-05, Dark Sky Ordinance.

 

The Commission agreed that this new ordinance is pretty concise and it just encourages people to use down lighting.

 

Commission Member Gough made the motion to accept Ordinance #08-05 as written.  Commission Member Ballingham seconded the motion.  All in favor and the motion carried.

 

Ordinance #08-06, Planned Unit Developments and Planned Residential Unit Developments Ordinance.

 

The reason this ordinance is back on the agenda is because no one really understood the ordinance that was just passed.  It was so cumbersome that it was impossible to follow.  This new ordinance is to make it understandable and easier to follow the process.


Commission Member Bills made the motion to accept the PUD ordinance #08-06 as written.  Commission Member Gough seconded the motion.  All in favor and the motion carried.

 

Ordinance #08-07, Subdivision Ordinance.

 

Commission Member Ballingham stated that he feels that we need to require curb and gutter in the flat lands.  The Commission Members discussed at length a curb and gutter and what we would like to require.  Commission Member Gough said that we may have a problem with the bike path and that the curb and gutter will allow the gas and oil to run to the lake.   Commission Member Ballingham said that we will need some type of a drainage system in the flat lands.

A curb and gutter was discussed versus allowing a swale.  Commission Member Gough said that we would have to designate an area where we would require this.

 

Commission Member Ballingham recommended that we include a provision that any development in the flat land, that has less than a certain grade, they need to have some type of a man made drainage system for their subdivision.  Commission Member Bills suggested that it be a 10% grade.

 

Commission Member Ballingham made the motion to accept Ordinance #08-07, which is a Land Use Provision Ordinance, as presented and have it go to the Town Council with the following addition that there be some type of provision made within this ordinance indicating that any subdivision that is constructed or created in an area that has less than a 10% grade or a grade as determined by the Town Engineer will be required to have in place a manmade designated engineered approved drainage system that will be on their master plan and approved by the Town Council. Commission Member Smith said that we should make sure that this doesn=t apply to anything on the hills.  There are flat lands on the hills. Commission Member Ballingham added that these stipulations will apply only to subdivisions that are located down in the valley in this region and will not apply to subdivisions that are up on the hillsides.  Commission Member Bills  seconded the motion.  All in favor and the motion carried.

 

Ordinance #08-08, Zone for Planned Unit Developments and Planned Residential Unit Developments.

 

The current Planned Unit Development and Planned Residential Development Ordinance requires that these type of developments be re-zoned to the PUD/PRUD zone.  This ordinance includes the requirements for what is allowed in that zone.  Commission Member Gough asked if the current ordinance requires a certain amount be commercial. 

 

Commission Member Ballingham made the motion to accept as a Planning and Zoning Commission the Ordinance #08-08 which requires Planned Unit Developments and Planned Residential Unit Developments to be re-zoned as PUD zones or PRUD zones as in accordance with our current ordinances.  Commission Member Gough seconded the motion.  All in favor and the motion carried. 

 


ROAD PLANNING DISCUSSION

 

The Commissioners reviewed the roads on the Master Plan and where they go and what to plan for in the future.

 

ADJOURNMENT

 

There being no further discussion, Commission Member Bills made the motion to adjourn the Planning Commission meeting at 10:30 p.m.  Commission Member Ballingham seconded the motion.  All in favor and the motion carried.

 

APPROVAL:                                                                  

 

 

 

 

__________________________________________          

Frank Smith, Planning Commission Vice-Chair                  

 

 

 

Attest:

 

 

 

 

__________________________________________

Town Clerk