Meeting Minutes August 2004







The Garden City Planning & Zoning Commission held their regularly scheduled meeting on Wednesday, August 4, 2004 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:


            Darin Pugmire

            Lana Hodges

            Brian House, Chairman

            Mel Maynes

            Lisa Hunt


Others Present:


            Sharlene Millard

            Kathy Hislop

            Randy Erickson

            Scott Bessinger

            Margaret Satterthwaite

            Norm Mecham




Mr. McKee wasn’t at the meeting, so Building Inspector Randy Erickson explained that Mr. McKee was wondering if his sign for Bear Lake Realty, which is at the Raspberry Square, meets the ordinance.  Mr. Pugmire said he wasn’t sure about how many square feet he could have for off-premise signs.  Building Inspector Erickson showed a picture of the sign.  He wasn’t sure how it would fit in the ordinance. 


The Planning & Zoning looked through the ordinance book. The total allowed signage is 300 sq. ft. per lot – 100 sq. ft. for off-premise signs.  Bear Lake Realty is allowed 2 off-premise signs.


Commission Member Hodges said if Mr. McKee has more than 2 off-premise signs, he should take the others down.





Building Inspector Erickson said it’s the only sign he knows of which Bear Lake Realty has within the town limits. 


The sign is presently in a commercial zone.  Building Inspector Erickson said Mr. McKee will come in for a sign permit.  He will also need a letter with permission to put the sign there from Jeannie Willis, the property owner.


Commission Member Hodges asked Building Inspector Erickson if Mr. McKee complies with Off-Premise signs; 11C-606 – D - #5 in the ordinance.  (Pages 11C-13, 14)  Mr. Erickson thought so.




Mr. Pugmire said there have been some changes with the look of his building.  He has decided to go smaller. There will only be one building.  The only 2-story portion is in the middle.  There will be log siding, not cedar.  The buildings go up fast and the warranty is good.


One side will come out 4’.  The setback of 10’ will still be met.  The building will be centered in the middle of the archway. 


There won’t be as much occupancy in the new building.  There will be restrooms in each unit and they’ll continue that plan as more buildings are built.  Building Inspector Erickson said there won’t need to be handicap access to the upstairs loft because there will be facilities downstairs.


Mr. Pugmire said the roof will be shake shingles, not metal. There will also be a walk-around covered deck.  The entire parking lot will be paved.  Mr. Pugmire wondered if  civil engineering needs to be done before the excavation starts.  Commission Chairman House said it just has to be provided to the Building Inspector.  Mr. Pugmire hopes to start after Labor Day.   He said there will be new plans presented for the Building Permit.  He hopes this will bring a good look to the town. 


Commission Member Hodges made the motion that we approve the amendment for Raspberry Square, as presented, with the Whisper Creek log home drawings and the drainage will be covered with the engineer and given to the Building Inspector.  Commission Member Hunt seconded the motion.  All in favor and the motion carried.


Commission Member Pugmire excused himself at 8:05 p.m.  Commission Chairman House will need to vote for the following items.









Mr. Mecham showed a few changes that have been made to his Preliminary Plat.  The 10% open space has been met and put in several different areas.  The access to the large open space is from the bottom.  Commission Member Hodges asked about the access to an open area by the Bessinger’s on Hodges Canyon Rd.  He showed that at the corner, there is access to the lot.    Mr. Mecham said the survey doesn’t show Larry and Lana Hodges lot, which she is concerned about. He said he can make accesses to the open area between lots 7, 8 or 9.  Commission Member Hodges said the lots she owns have been surveyed. 


Commission Member Hunt asked about 300 W. coming through the subdivision.  Commission Chairman House said the road should be above the subdivision.  Commission Member Hodges said that will be up to the Town Council. 


Mr. Mecham thinks the Town Council has already determined to put the road above the subdivision.  He said some of the Town Council went and looked at it and determined that it would go above.  No one knew of a meeting where a decision has been made on this.


Mr. Mecham said he has done away with the retention pond and made a lot.  He said that was one of Commission Member Hodges’ concerns.  He said page 2 of his plans show how the water will be handled.


Mr. Mecham said there is no curb and gutter, but the road will be paved.  Every lot will have its own retention pond.  Commission Member Maynes thinks that will work okay.


Commission Member Hodges said she has a concern with knowing where the bypass road will be.  She said we need direction from the Town Council about that.


Commission Member Pugmire asked about the ingress and egress.  Mr. Mecham said it’s between lots #49 and 50.  There is also an access between Larry Hodges and Jay Hodges’ lots.  All accesses will exit onto Hodges Lane.


Commission Member Hodges suggested going through the ordinance book with a step by step procedure.  She started with #11E-6 and asked Mr. Mecham the questions.  Commission Chairman House agreed for her to go through the ordinances step by step.


The owners of the subdivision are Darren Lutz and Norm Mecham.  The utility easements will come off of the state highway.  They will be underground and won’t be going up Hodges Lane.  John Hansen and Barbara Patterson are the neighbors to the west.  All common areas are for the homeowners to use.  This property has already been annexed.  It is zoned RR.


Commission Member Hodges again stated her concern with the bypass road.



Mr. Mecham said this property doesn’t impact any other properties.  He passed out a map showing Hodges Lane, how it was deeded, etc.  He showed how the property line would go right through Jay Hodges’ home.  He’s shifting the road as far as possible to the north, without impacting any other buildings.


Mr. Mecham doesn’t think Ron Hansen will cause any problems.  His deed line is north of the pavement.  Mr. Hansen can’t close it off.  It’s an established right of use.  It’s been there 100 or so years. Mr. Mecham doesn’t think he’ll need a boundary line agreement between himself and Mr. Hansen.  He’ll do a boundary agreement between himself and Larry and Lana Hodges and family.  The public has use of everything north of the fence.


The road will be 60’ wide and narrows at the bottom to 30-40’ wide.  Commission Member Maynes said he’s worried about the safety at the smaller end of the road.  He said he’d like to find a way to get more land at the bottom.  He doesn’t want to see another mess as Kimball Lane had.  Mr. Mecham said he thinks there will be at least 30’ on the bottom of the road.  Commission Member Maynes said he’s worried about the traffic flow.


Commission Member Hodges wanted the Commissioners to know that one property owner who doesn’t know about this will be contacted this week.


Commission Member Maynes said he likes the way the retention ponds will be.  He’s a little worried about the easement on the canal, but that’s not a big problem.  Mr. Mecham said he’ll still make it an easement.


The subdivision will contain 57 lots. 


Commission Member Maynes said he would like to have the road big enough for two way traffic.  Commission Member Hodges said if the town would step up to the plate and condemn some property, they should do it.  Commission Member Maynes said only 10-12 feet are needed.  It’s the town’s responsibility to take care of this so no one gets killed on that road.


Mr. Mecham said he will make that suggestion to the Town Council.  It should be done whether his development goes through or not.


Commission Member Maynes said he likes how Mr. Mecham does his plans.  They look nice.


Commission Member Hodges asked about widening the road over the canal.  Mr. Mecham volunteered to fix the problem.  Commission Member Hodges said someone has already gone in the canal this year.


Commission Member Hodges reminded Mr. Mecham that he’ll need to get approval from the Hodges Canal Company for the canal crossing.





Commission Member Maynes made the motion to approve Norm Mecham’s Cherimoya Hill subdivision Preliminary Plat with the following concerns:  Safety issues of Hodges road as it intersects with Highway 30 – that the town does whatever needs to be done to make that at least a 45’ road.  Mr. Mecham has stated that he will handle the canal crossing and it will be a two way street also.  Fully realizing that this is a situation that Mr. Mecham has stumbled into and feel that the history of Hodges Canyon Road needs to be addressed before this goes forward.  Access to the 2.77 acres of common area with more accesses will be provided between lots 9 and 10, or wherever Mr. Mecham decides and he’ll re-submit those plans to the Town Council.  Since the Planning & Zoning and the Town Council have not made a decision on the bypass road, Mr. Mecham will not be responsible for that.  Agreements from the adjoining property owners and boundary agreements will have to be approved between all parties involved.  Letter from the canal company will be filed with the town. 


Commission Member Hodges asked about the sewer.  It hasn’t been approved yet, but will for the final.  She said it will need to be shown for the final that Mr. Mecham will be doing this subdivision in phases.  The final plat will show Phase I.  The Hodges Canyon Road needs to be rectified before Phase I will be started.


Commission Member Hunt seconded the motion.  All in favor and the motion carried.




Subdivision, Scott Bessinger


Mr. Bessinger owns the lot on the southwest side of 200 N.  He previously came in for a re-zone and thought it was also subdivided at that time.  Commission Member Hodges read from the minutes.  Mr. Bessinger owns 5 lots.  It wasn’t originally subdivided correctly.  It has been recorded, but hasn’t gone through the Planning & Zoning and been approved.


The May 15, 2002 minutes stated that Mr. Bessinger needs to do water agreements with the town.


The April 17, 2002 minutes regarding the subdivision stated that Mr. Bessinger wanted to split the lot into 4 lots.  There are no longer irregular subdivisions.  Too many people come in with the smaller subdivision to get away with doing a full subdivision.  He needed to come in with plans.  Mr. Bessinger said there is already water on the lot.






Commission Member Hodges explained that the county can record subdivision of lots, but it’s not recognized by the town until it’s gone through the subdivision process.  Mr. Bessinger has this recorded, but now he needs to come in for a subdivision. 


Mr. Bessinger said he would like to build multiple buildings on one lot and lease them, like Darin Pugmire is doing.  He won’t sell the lots individually or he will have to come in for a subdivision later.  All the setbacks for commercial property will be met.  Mr. Bessinger will need a Building Permit. 


Commission Member Maynes said the only problem comes down to when Mr. Bessinger wants to sell them.  Mr. Bessinger said he thinks that when the buildings are done, he might come in and subdivide the lot.  It will be done the same as shown on his earlier presented map.  Mr. Bessinger was told that all the lots will have to meet setbacks.


Commission Member Maynes said it would be good to get this resolved in one year.  Mr. Bessinger said he would like a special meeting and show the first building.  He was told he needs to have everything in the office 2 weeks in advance for the meeting.  The fee is $175.00.


Building Inspector Randy Erickson said the individual lots don’t exist right now.  Mr. Bessinger  said he will be building on one lot, which has the potential of being Lot 18.  He will bring in the plans and tax notice of Lot 18.  He will also stick right to the boundaries of Lot 18.


The Planning & Zoning would like Mr. Bessinger to bring in the elevations and plot plan showing what he’s going to do with the property. 


Mr. Bessinger thinks he may just get on the next agenda instead of a special meeting.


Sign Ordinance, Randy Erickson


Mr. Erickson said he’s preparing a new sign ordinance from the IBC.  He’s re-typing it in the Town’s format and changing terms.  It shows more signs that our town doesn’t address.  It also gives larger lots and more square footage for signs.  He’ll have that done for the next meeting so it can be reviewed.


Trailer of Joel Parrish


Mr. Erickson also said that Joel Parrish has been given a court date for having the trailer on his property.







Utah Water Rights Class, Mel Maynes


Commission Member Maynes talked about a Utah Water Rights Class that he has been to.  He learned a lot, i.e. transferring canal rights to culinary use and how the state perceives water, canal shares are personal property,  culinary water is real property and

soon canals may be metered.


Commission Member Maynes explained that there are more than 4100 canal companies in Utah.  More than half of them are not up on their corporate filings.




The minutes of July 7, 2004 were presented.  Changes were made.  Commission Member Hunt made the motion to accept the minutes as amended.  Commission Member Hodges seconded the motion.  All in favor and the motion carried.


The minutes of the Executive Session of July 7, 2004 were presented.  Commission Member Hodges made the motion to accept the minutes as written.  Commission Member Hunt seconded the motion.  All in favor and the motion carried.




Commission Member Hunt made the motion to adjourn at 9:00 p.m.  Commission Member Hodges seconded the motion.  All in favor and the motion carried.



APPROVED:                           ATTEST:




_________________________________       ___________________________________

Brian House, Chairman             Assistant Clerk