Meeting Minutes August 2005





The Garden City Planning & Zoning Commission held their regularly scheduled meeting on Wednesday, August 3, 2005 at 7:00 p.m. located at the Garden City Office Building at 145 W. Logan Road. Commission Chairman House opened the meeting at 7:20 p.m.


Those Present: 11


Lance Bourne

Lana Hodges

Brian House, Chairman

Troy Petersen


Others Present:


Sharlene Millard

David Longfellow

Jean Babilis

Malik & Zella Hamilton

Sharlotte Wride

Randy Erickson

Jay Christopherson

Bryan Lyons

Norm Mecham




Mr. Longfellow is here representing David Dallof. Mr. Babilis said he was requested to go back to the minutes, which he read from. He said there was a plat map originally on file with Rich County. It outlined common and limited common areas at that time. According to the minutes, the map, which was presented to the Planning & Zoning Commission, broke down the common ownership. A new subdivision requires common area space, which requirement has been met. The zoning shows the requirements for height and side yards. All property belongs to Lot #2. The CC&Rs mention an attachment, which changes the approved plat map.


Commission Member Hodges read from other minutes. Lot 2 will remain a single lot. The common area and access to the beach is for each lot owner. Mr. Babilis said he agrees with that. He wants to know who owns it. It’s different than use.


Mr. Longfellow said “we” does not mean “us”. That’s where the differences are. His understanding is that the limited common area is divided between 7 owners. The condos don’t own all of Lot 2. The common area remains with lot 2.


Mr. Babilis said there are limited, common and private ownership areas.


Commission Member Hodges said she recalls talking about setbacks. She asked about Mr. Babilis giving side yards. Mr. Babilis said he came in and with a deed, re-did the maps. He said you couldn’t deed it because you lose the side yards. Mr. Longfellow said the condos still own a portion of the side yards. The limited common ownership belongs to the 7 owners.


Mr. Babilis said it wasn’t presented that way and is an illegal subdivision. The side yards couldn’t be waived. He’s wondering why there are three different types of common area. Commission Member Hodges said she thought it was limited so everyone could go to the beach.


Mr. Longfellow said on page 205 of the amended declaration it states two types of common area on Lot 2. The common area for 3 condos includes the patios, decks, driveways, and parking spaces. The limited common area designated shall be reserved for all lots and units for access to and from the beach, lakefront recreation and parking.


Mr. Babilis said the only place mentioned in regards to the common area maintenance is in the fee section of the CC&Rs. The Planning & Zoning would never have approved that. Commission Member Hodges said the Planning & Zoning would have looked at it for access to the beach.


Mr. Longfellow asked if the CC&Rs were approved by the Town Council. Commission Chairman House said he didn’t see it. Building Inspector Erickson said the Town Council would have approved it.


Mr. Babilis asked if they have a right to everything on the borders, trees, edges or motorized access to the beach? The Planning & Zoning said the ownership remained with those three condos so it wouldn’t be illegal.


Mr. Babilis said you couldn’t have a house without side yards. Mr. Longfellow said there is a side yard because 7 people split the taxes. The limited common area is taxed separately.


Commission Chairman House said the Planning & Zoning approved the plat.


Commission Member Hodges read from the motion of June 21, 2001. It has a stipulation that it be in accordance with town setbacks.


Mr. Longfellow said he bought those lots before Mr. Babilis was around and showed that CC&Rs that were approved.


Commission Member Maynes said that the reason for this confusion is because the plat and CC&Rs are unclear. The Planning & Zoning is only an advisory board. The Town Council didn’t clear it up. It needs to meet the setbacks. It’s a civil matter. Whatever happened between private parties and the Town Council, he doesn’t know. Whatever was done on the final, setbacks have to be met. He doesn’t know who owns the setbacks. The Town Council would have approved the CC&Rs.


Mr. Longfellow said the setbacks are there, but he doesn’t understand who owns the setbacks. Mr. Babilis said it’s a mockery of the Planning & Zoning if someone can change what was approved by the CC&Rs later.




Mrs. Hansen wasn’t here, so Building Inspector Erickson explained that there was confusion at the last meeting about her business. She was told by the Mayor to explain everything that she would eventually do, so she said she would like to have a studio, but in reality, that will be a long way off. She only wants to do on-site photography. Only bookwork will be done in her home. He explained that a handicap ramp would only be needed if her business has the studio, which won’t be for a while. Where she isn’t doing the business inside of her home now, he doesn’t feel it’s needed now. She wants to take pictures at weddings, churches, etc. at on-site places. Her photography won’t be inside of her home for now.


Commission Member Hodges suggested amending the Conditional Use Permit to not have anything in her home but bookkeeping. Building Inspector Erickson suggested stating in the Business License that when she has a studio in her home, she will have to have a handicap ramp and meet the handicap requirements.


Commission Member Hodges suggested an 18-month stipulation that if the business doesn’t happen, the Conditional Use Permit is null and void.


Commission Member Maynes said the Conditional Use Permit should be issued for the way a business is, not what it will eventually be. We should know what she wants to do now and for doing something different, she’ll need to come in for an amendment.


Commission Member Maynes is concerned with all the amendments being made to Conditional Use Permits. He said they should live with the conditions or start over with the application process.


It was decided to invite Mrs. Hansen to the meeting and have her explain. (The rest of the minutes for this are below).


MSHAKA’S, Malik Hamilton


Mr. Hamilton asked to add catering off-site to his Conditional Use Permit. He explained that it was an oversight that it didn’t get added earlier. His restaurant should be open next weekend. He would cook off-site, some cooking may be in the restaurant and then it would be transported to the off-site location.


Commission Member Bourne asked about the health code requirements. Mr. Hamilton said the Health Department would be up next week. They don’t give permits for catering.


Mr. Hamilton said they have approved plans and the Architectural Standards are met. Handicap parking has been paved. They just need the Building Inspector to do an inspection.


The restroom requirements were addressed. Building Inspector Erickson explained the previous use of the restrooms and owners having the doors locked. This was referred to with Mr. Wangsgard’s letter, which Commission Chairman House read from. Building Inspector Erickson asked about the firewall around the furnace room, etc. Mr. Hamilton said it’s been done.


Commission Member Maynes said he’s uncomfortable with giving amendments to Conditional Use Permits. He would like to see something in writing about how the project will be done, where it will be, etc. Mr. Hamilton said the catering was originally going to be a part of the Business License, but didn’t realize the application had to be so specific.


Commission Member Maynes asked how the food would be transported. Mr. Hamilton said it would be transported by a van. Commission Member Hodges asked if there would be any advertising on the van. Mr. Hamilton didn’t think it would.


The Town Council approved the Business License for Aroma’s Brassiere, but catering is not part of the Business License.


Mr. Hamilton said the Health Department considers catering as basically a private party. It’s more of a service and doesn’t need to follow Health Department regulations.


Commission Member Maynes said Mr. Hamilton knows how food temperatures need to be regulated. He wants to see a scope of operations, etc.


Commission Member Hodges said she doesn’t have a problem amending the Conditional Use Permit for Aroma’s, as long as it is added to the original application and meets all the standards. She thinks the Health Inspector needs to look at the application. He cooks on site there.


Commission Member Petersen asked if there were stipulations for any amount of people that can be served while catering. Mr. Hamilton said no, it’s just considered a private party. He will use a van with insulated thermals that you slide the hot food into.


Building Inspector Erickson said when Cherie Hendersen was in for her catering business, she didn’t have to have a special license from the Health Department.


Commission Member Hodges told Mr. Hamilton that if he is going to have signage on the van, it would be considered signage for the business. She doesn’t want him to violate the sign ordinance.


Commission Chairman House said he doesn’t have a problem with the amendment as long as any necessary codes from the Health Dept. are being met. Commission Member Bourne said he’s okay with the amendment. Commission Member Petersen said as long as the conditions with the Health Department are being met, he’s okay with the change in the application.


Commission Member Hodges made the motion to amend the Conditional Use Permit for M’Shaka’s Aroma’s to add off-site catering. Commission Member Bourne seconded the motion. All in favor and the motion carried.


CONDITIONAL USE PERMIT, Framing Memories, Gwenda Hansen


Gwenda Hansen came, so this is a continuation of the above discussion.


Commission Chairman House told Mrs. Hansen that all of the Planning & Zoning understood that there would be a photo studio inside her home. Mrs. Hansen said she just wants to take pictures outside of her home. If she has to go through a lot of changes inside her home to do this, she won’t do it. She needs a license to advertise and charge. She asked if she does or not. The Planning & Zoning Commission told her that she needs to have a Business License.


Mrs. Hansen said if she took the pictures inside her home, it would have to be downstairs for lighting reasons. If she has to have a handicap ramp, she can’t afford it.


Commission Member Hodges told Mrs. Hansen if she isn’t doing any photography inside her home, she doesn’t need a Conditional Use Permit. Down the road, she’ll need to come back and apply for a Conditional Use Permit when she uses her home as a studio. She asked Mrs. Hansen if she understands that she can’t do any business in her home. Mrs. Hansen agreed.




Brian Lyons said most of everything that has been required has been taken care of. He has contacted Roger Earley of the sanitation department. Mr. Early said he is okay with the amount of dumpsters in the PUD, which amounts to 6 - 8 homes per dumpster. They have downsized and used some of the lots for dumpsters, propane tanks, parking, etc. The other phases were just too tight. There will be 85 established lots to get everything in.


Mr. Lyons said they do have the letter from Sunrise Engineering, dated June 13, 2005. The changes stipulated have been taken care of. He showed the clubhouse on the plat, which may vary slightly. Commission Chairman House reminded Mr. Lyons and Mr. Christopherson that the next phase won’t be approved until the amenities are in for Phase I. They both agreed.


They plan on having two accesses. The second access will be a gravel road to 300 W. The future phases will be asphalted.


Commission Member Hodges asked Council Member Wride how far the plans are for 300 W.


Council Member Wride said the north and south road is all recorded, but not the intersection. She said she and Lochwood have each done a Traffic Impact Study. The town and Lochwood are both required to put in a left-hand turn lane. If they weren’t doing the development, the town wouldn’t be required to put in a left-hand turn lane. Mr. Christopherson disagreed. He said he’s talked with someone who has done a Traffic Impact Study and said that’s not right. There’s no way 300 West can’t be called a collector street. He had a letter stating what percent of impact will be on the road. He wants to make sure everyone’s on the same foot.


Council Member Wride said she doesn’t want to argue. She said she’s not an expert on this at all. UDOT just interpreted the study and she has to go by that. If you want to challenge that, you need to go back to them. Mr. Christopherson said he’s not going to challenge it.


Council Member Wride said the recommendation from UDOT was to have one continuous left-hand turn lane, not two. The town would have to have one eventually, but not now. She showed the General Plan to show that 300 West has already been planned.


Commission Chairman House said who knows what will happen with 3rd West when the state park builds a larger marina. Council Member Wride said they won’t move the road.


Commission Member Hodges asked Council Member Wride about the 3rd West plat. Council Member Wride said it’s all recorded. She doesn’t have a projection date. She hopes it will be a road this year. The goal is to have the road chip asphalted. It depends on Frehner Construction. They are filling in Circle C’s pit now. We can’t do the intersection yet because it hasn’t been resolved with UDOT. She’s also working with the state to get for money for the intersection, etc. Their requirements make it hard to be able to do everything.


Commission Member Hodges is concerned with the two ingress/egresses for Lochwood PUD. Council Member Wride doesn’t have an exact date for completion. She said Frehner Construction is behind schedule. She’s anticipating it to be done this summer.


Mr. Lyons said he’s talked with Mayor Hansen who thought they could connect on the other part of 3rd West until 3rd West is ready.


Council Member Wride said when the road goes in, the town and Lochwood both have to have a left-hand turn lane. Mr. Frank Smith has given an easement.


Commission Member Maynes is concerned with the use. He wants to know what the fair use is going to be and the amount of money they would have to pay for the turn lane. He would also like to see from UDOT their cost. He would like the attorney to look these over.


Commission Member Hodges would also like to see the permit from UDOT.


Council Member Wride said the Town Council was in favor of having Lochwood pay for the left-hand turn lane because of their development. She’s trying to find other money from other places. It’s a definite hardship on the town.


The 3rd West doesn’t have to be a thoroughfare right now. The minute it hits the highway, it’s a collector road.


Lochwood has been annexed into the sewer district.


Commission Member Maynes said he doesn’t know how to get around UDOT and the town’s rules. It needs to be coordinated to the best of both interests.


Commission Member Bourne said everything needs to be answered before the final approval.


Commission Member Maynes said we can’t let what Lochwood wants to do jeopardize what the town wants to do. He said we can’t throw undue burden onto the town.


Commission Member Bourne said there are a few more items in the letter that needs to be addressed. If everyone is using the neck of the road, it could be a disaster. It needs to be resolved before it is approved. It’s our job to make sure we don’t create more problems. Nothings ironed out right now.


Commission Chairman House said the three people; UDOT, the Town and Lochwood, need to sit down and come to an agreement with the road and this development.


Mr. Lyons said they meet next Tuesday with UDOT. He asked if they have that meeting, could they come in two weeks after for a special meeting? The Planning & Zoning Commission said yes.


Commission Member Hodges said storm water needs to also be addressed.


Commission Member Petersen said as a town, we need to make a special meeting with Lochwood and UDOT, and work with them. We need to meet halfway.


Council Member Wride said the town does want this development here. She can help with the roads but the Planning & Zoning Commission needs to approve the other issues. She will try and meet with them and Lochwood.


Commission Chairman House suggested having Representative Fred Hunzaker to the meeting also. Maybe he would help with getting some money for the road.


UDOT has copies of both traffic studies that have been done.


Council Member Wride said she’s concerned of safety. She doesn’t want accidents.


Commission Chairman House went through the PUD requirements in the ordinance.

Mr. Christopherson and Mr. Lyons didn’t think they should have to address the dumpsters or propane tanks on the final plat. The streets will be private. They are named and have addresses. They will need an annexation letter from the sewer and an irrevocable letter of credit. They did show an estimate of costs for Phase I.


Commission Member Hodges has concerns about the letter from the attorney regarding the CC&Rs. Mr. Christopherson thinks it’s a matter of two attorneys just talking to each other.


Building Inspector Erickson said it looks like the fire code will be met. If there is to be 6' between each structure, the walls will have to have firewalls.


Mr. Christopherson said there will be a no build zone between these homes. He doesn’t want motor homes in there either.


Commission Chairman House said it looks like everything else has been met. Commission Member Hodges wants to make sure the attorney’s comments are addressed.


Commission Chairman House said it needs to be stipulated in the CC&Rs that no RV’s are allowed. Commission Member Hodges said they also need to be referred as a PUD in the CC&Rs, not condos. She said our Attorney, Tony Martineau also talked about allocation of funds. Mr. Christopherson said they will revise the CC&Rs and Mr. Bullock will get a letter of credit.


Council Member Wride said she’s been working with them since February. She has requested for them to work with her, but hasn’t heard anything from them. They need to dedicate the road. Mr. Christopherson said it’s on there and has been since May.


Mr. Christopherson said they’ve tried to accommodate what is in the best interest of the community. They feel like the community needs to give back.


Commission Member House said to waive the fees for any special meeting they will need.




Mr. Mecham did receive the letter from Mr. Martineau. Commission Member Hodges asked about the open space. Mr. Mecham explained that when he got ready to record this, the common area was shown on the plat. It had already gone through Planning & Zoning and Town Council as that. But when it went to Debbie to be recorded, she explained the difference between open space and common space. The difference is open space can be deeded. Common area is an undivided interest for all lots. She said it should be changed to the same on Phase I. That way it can be deeded to the HOA, the town, or other entity. If you have a common area for 20 lots, everyone has a 1/20th interest in that area.


Mr. Mecham said his preference was to make it easier and deed it to the town, or whomever. The preference seemed to be to make it all open space. Commission Member Hodges asked if changing it to open space mean the HOA doesn’t own a percentage of it? Mr. Mecham said right. They have a percentage of the HOA, not the individual lots. If the HOA wants to deed it, they can.


Commission Member Hodges asked about the access on Phase II. Mr. Mecham said his surveyor didn’t quite get it right. There should be an open space in Phase II to make it compatible to Phase I. There should be no common area in all of Cherimoya Hill subdivision. It will all be open space.


Commission Member Hodges had a question about dedicating all of that area to the town for public use. She wondered if the town will have to participate in the maintenance of open space. Mr. Mecham said no. He has a problem with the word dedicate. He thinks it’s unclear. It sounds like ownership. It’s really not. It’s not much different than an easement. He would rather make it clear about granting and dedicating an easement for public utilities to the Town of Garden City. He sees it as still being owned by the HOA. They’re responsible for what happens as far as liability, etc. Mr. Mecham said the CC&Rs are what is correct about his open space.


Mr. Mecham said he can prepare a deed on that open space and deed it to the HOA, with an easement to Garden City.


There are 56 lots in Cherimoya.


Council Member Wride said the state can require open space because of the wetlands. But having the open space doesn’t mean you can do something in the future with it.


Council Member Maynes said that should have been identified at the beginning.


Mr. Mecham said he thinks you can build a park on open space.


Commission Member Hodges asked Council Member Wride about the road situation. Council Member Wride said she hasn’t done too much yet. It needs to be engineered, and drainage addressed, etc. She doesn’t have a lot of money to work on it this year. Probably no paving this season. But she could get the engineering started. She’ll see what she can do.’


The bridge over the canal isn’t done yet.


Commission Member Bourne asked about some wording in the CC&Rs that Utah Power & Light would like changed.


Commission Member Hodges said Mr. Mecham will have Phase III in and the road won’t even be ready. Commission Chairman House doesn’t think Mr. Mecham should be held up because of that. Commission Member Hodges said the property owners have signed the boundary agreements and no road has started. The Town needs to improve the road so Mr. Mecham can have his two accesses. The bridge over the canal will be widened as well. Mr. Mecham hasn’t done anything with the canal either.


Commission Member Maynes said there is a safety issue with the school bus stopping there. He explained that there were some boundary line disputes there. He said he had earlier made the motion that Hodges Lane be straightened up. It’s part of the approval process, but it’s up to the town to complete it.


Commission Member Hodges said the town has made promises to other people and the town hasn’t held up their promise to all of them. She said she’ll be glad when they’re done digging. Mr. Mecham said they should be done with the power in about a week.


Phase I is almost sold out.


Commission Member Hodges said that item #3 of the letter from the attorney needs to be addressed. Mr. Mecham said he has changed the common area to open space.


There was a question about the dedication of open space being on the plat to show that the town is not responsible for maintenance. Mr. Mecham feels that it reads okay.


The CC&Rs for Phase I need to be amended to show open space, not common.


Commission Member Petersen made the motion to accept the final plat for Cherimoya Hills with the changes of clarification of open space for Phase II. The CC&Rs will be changed on Phase I. Commission Member Bourne seconded the motion. All in favor and the motion carried.




Building Inspector Erickson explained that our old definition of heights on buildings isn’t what we want. We want the verbiage added of “to the top of the peak of the roof”. Not changing this could get us into trouble. He feels this needs to be done soon.


Commission Member Hodges said to send it to a Public Hearing.


Building Inspector Erickson said our Master Plan had 3rd West in it. If it means Lochwood doesn’t go in, it doesn’t go in. The Master Plan takes precedence. He thinks Lochwood is pushing the Planning & Zoning to make a decision they’re not ready to make.




3rd West

There was discussion about 3rd West. Some feel it’s UDOT’s responsibility to put in a turning lane. Commission Member Petersen wondered since we all pay taxes, why doesn’t UDOT pay for the turning lane.


He said the state is making us put in a $3.5 million treatment plant, UDOT wants us to pay for their road and have it up to their specs, with engineering, construction, etc.


Commission Member Hodges said Lochwood needs to get the road worked out with the town, Council Member Wride, etc.


Building Inspector Erickson suggested putting Lochwood on hold until the town road - 3rd West is done. Then they’ll start helping. Commission Member Hodges said Mr. Bullock is holding the land while the others go in and build the houses. It won’t happen. 3rd West will be a road, but when?


Hodges Canyon Road/3rd West


Council Member Petersen asked why the town agreed to pave Hodges Canyon Road? Cherimoya is impacting that road, and the town is helping to pave that road. The Town Council said that road had to be improved before the subdivision could go in. But they’re not making that same stipulation with Lochwood.


Commission Member Hodges said it’s who you know. Building Inspector Erickson explained about Ron Hansen being hard to work with to get it started.


It was stated that if someone comes in with a development, and we make some developers do the improvements, then we should make all of them do the same improvements.


Commission Member Maynes said the Planning & Zoning is a negotiating body. We all do the best we can for the town. It’s not always the same for everybody. We negotiate the best deal we can.


Access to Beach


Commission Member Hodges said she had a call from Joan and Ivor Akre about the house east of Town and Country Realty. They have a lot of trailers, etc. so people can’t get down to the beach. Building Inspector Erickson will look into it. Council Member Wride is having a survey done. She should know by Monday about the access. Building Inspector Erickson said he staked out the town property. The public parking signs had been thrown in the back by the bushes. Those need to be put up. He said he would visit with them. He doesn’t think they’re blocking access to the lake. They’re using public parking as their private parking.


Council Member Wride said 200 N. is a nightmare. She doesn’t know what to do with it. There’s a 3' piece that is part of the street, but it’s private. She’s working on that.




Commission Member Maynes asked Commission Chairman House if he would accept his resignation. It was stated that he needs to present a letter.


Raspberry Stands


Commission Member Hodges asked what we’re doing with the raspberry stands. It was stated that Larry Gray is the Council Member over Businesses. It’s up to him to decide. There has been a truck parked in front of Pugstones. He has no food listed on his Business License.




The minutes of the Public Hearing of July 6, 2005 were presented. Commission Member Hodges made the motion to accept the minutes as presented. Commission Member Bourne seconded the motion. All in favor and the motion carried.


The minutes of the meeting of July 6, 2005 were presented. Corrections were made. Commission Member Hodges made the motion to accept the minutes with corrections made. Commission Member Bourne seconded the motion. All in favor and the motion carried.




The meeting adjourned at 10:45 p.m.




APPROVED:                                                               ATTEST:




_____________________________________ ____________________________________

Brian House, Chairman                                                 Assistant Clerk