Meeting Minutes 2008


MINUTES OF THE

PUBLIC HEARING OF THE

PLANNING COMMISSION OF

GARDEN CITY, UTAH

 

The Garden City Planning Commission held a Public Hearing on Wednesday, August 6, 2008 at the Garden City Office Building located at 145 W. Logan Rd. Commission Chair Jennifer Huefner opened the Public Hearing at 6:30 p.m.

 

Commission Members Present:

 

Scott Gough

Jennifer Huefner, Chair

Greg Bills

Frank Smith

Excused: DJ Ballingham

 

Others Present:

 

Sharlene Millard Ellouise Sims

Don Webb Paul Nance

Mark Daines Larry & Lana Hodges

John & Joan Loosle Milt & Jean Erickson

Phil Gertge Brian House

Anita Weston

 

RASPBERRY RIDGE, Phil Gertge

 

Jean Erickson asked if the property has been sold yet. Mr. Phil Gertge said it’s in the process of being purchased. He had some larger plats revised which were submitted to the Town Council. There were no substantial changes, i.e. widening the roads and making sure that 300 W. lines up correctly. The road north of Milt Erickson’s is no longer on the map. Access onto Highway 30 is on Street A. They will have their two accesses; one east of their subdivision and one on Kimball Lane.

 

John Loosle said his family has had property in Hodges Beach for 50 years. He said people come to Bear Lake to use the lake. He’s concerned that when his property was purchased; there was an agreement that the right of way from the road to 250 E. would be an access to the beach. He’s wondering about his access being public. He was told that that access was just for those in that subdivision. A few years ago, a few of them got together and with approval from the state created a launching pad. Now the town has decided to make that access available for anyone to get on the beach. He feels the town has taken the property away from them or someone didn’t document things right.

 

 

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Mr. Loosle is concerned that if this project comes in, it will increase the traffic because there’s no other place to access other than for $7.00 a day. It will be a very busy place, especially on the holidays. He feels the town has not recognized the asset we have and made provisions. He’s afraid that if this problem isn’t solved and the water comes up, that launching pad won’t be able to handle everything. There’ll be too many people.

 

Mr. Loose wondered when the town took over their property. They used to be in Pickleville and were annexed into the town. Then they helped pay for the new water system. He also had to fight the Corp. of Engineers and also the town because they had no record of him paying. But the most serious situation we have right now is the town not having adequate services for the people coming in and using the lake and he hates having that kind of traffic in front of his home.

 

Lana Hodges wondered who has addressed the water situation to service the units? Council Member Brian House didn’t think it was brought up. Jason Linford has said our water system is maxed out. Everyone that comes in now will have to bring in their own tanks, or piggyback on another development.

 

Commission Member Smith said they suggested Mr. Gertge getting together with Kent Fisher of Lighthouse Pointe to create a tank that will help with the gravity flow which would be of adequate size to help both developments. Ms. Hodges said neither project has land high enough. Commission Member Smith said that’s up to the engineer. Ms. Hodges said we’ve got to take care of this infrastructure before this project is approved. The water capacity and distribution is not there.

 

Commission Chair Huefner said it’s in the ordinance that they would have to install

improvements first.

 

Milt Erickson asked where the new tanks get their water? Commission Member Smith said they get it from city water and their own water shares. They’re also talking about an option of developers getting together to drill a well. Commission Member Gough said the engineer is the one that determines if there is enough water or not.

 

Ms. Hodges said she questions that. The development behind her, Cherimoya, was approved by the engineer for water pressure and capacity. But they don’t even have enough water to flush their toilet. These things should be in place before a development is approved. Commission Member Smith said he’s concerned also. Commission Member Gough said it has to be in place through the ordinances.

 

Ms. Hodges is also concerned about the irrigation lines. There is a water user who gets water from a line that goes through that property. She would hope that all those irrigation lines will be addressed and the irrigators won’t be disturbed. The Planning Commission said that was discussed at the last meeting.

 

 

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A member of the audience asked what the land is currently zoned. Commission Chair Huefner said it is Recreational Residential. She explained that Mr. Gertge is essentially doing a mixed-use PUD, which has commercial mixed in with residential.

 

A member of the audience asked questions about the process and what the town has done.

 

Commission Chair Huefner explained that the Planning Commission is bound by the ordinance. We can’t just approve or disapprove because we like a development or not. If a developer comes in and is prepared with what the ordinance stipulates, we have to make a recommendation to the Town Council to approve it. Sometimes we can make a recommendation to approve with conditions. That way everyone gets treated the same. We are legally bound to the ordinances.

 

Commission Chair Huefner explained that with a PUD, things need to be negotiated and its own zone is created. She said we are actually encouraging a mixed use so that all of the traffic flow won’t be in just one place in our town, it could be spread out a little.

 

A member of the audience asked if the public is able to comment on the impact studies done. The clerk will let the adjacent property owners know when they can come to the office and look at the impact study for Raspberry Ridge.

 

Commission Member Bills said to back up and give the Town Council and the Mayor a lot of credit. They have worked hard to change the ordinances so you don’t have another Cherimoya and those types of problems.

 

Members of the audience want more time to be able to voice their opinions. They didn’t think one public hearing was enough. Commission Chair Huefner said if they feel they still want another public hearing after they’ve looked at the Impact Statement to give her a call and she’ll schedule another public hearing.

 

Ms. Hodges wanted to make sure that this won’t be approved tonight because everything is not ready. Commission Chair Huefner agreed.

 

Ms. Hodges wondered where they are with the commercial zone change. Commission Chair Huefner said that will be determined according to his plat. It’s part of the zone change to a PUD.

 

There was discussion about PUD’s and zone changes.

 

Mr. Loosle asked if we have a planning committee that is looking beyond giving approval to the problems of the town, i.e. the infrastructure. He said most towns have a long-range planner who sits down and works out problems that we are discussing.

 

 

 

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Commission Chair Huefner said we’ve spent the last 2 years and spent $15,000 for a professional to help us re-do our ordinances and look for solutions. We have spent many hours and are very pro-active with this. Things are better than they used to be, but there are probably still things that need to be worked out. Commission Member Gough said there have also been public meetings without much input. They’ll come when there’s a problem that affects them, but when we’re planning, no one wants to come in.

 

Mr. Gertge showed a map of the commercial and residential areas. The plat hasn’t changed. Everything will still be west of 300 W. and the commercial area is still on the flat area. There will be no Wal-Mart, maybe a small gas station with a neighborhood grocery store, a horse stable, etc., nothing high-end commercial.

 

A member of the audience read from the General Plan about not having over-crowding, and fitting what’s there already.

 

Ms. Hodges said she’s sat on that side of the table. She knows what they’re going through, and getting public input is difficult, but the sad part of this community is, that you go on the Internet, and can’t find out any information about a public hearing or an announcement for a meeting that isn’t six months old. So these people who live here part-time have no idea what’s going on. Not everyone goes to the post office every day, so they rely on the Internet for their information. So when you talk about public input, people have to be informed. They should be informed with a newspaper article or a public notice in the newspaper, which they don’t do. They don’t even put agendas on for the meetings, so you are your own worst enemy.

 

Commission Member Bills said it is in the Herald Journal every month. If she looked again, she’d find it.

 

Milt Erickson wondered if the parking problem has been addressed if this project is going through. The Planning Commission stated that’s usually number one of their concerns.

 

RASPBERRY RIDGE PHASE I, Phil Gertge

 

Commission Chair Huefner said we’ve already discussed this, so we’ll go on.

 

PICKLEVILLE COMMONS, Don Webb

 

Ellouise Sims said she’s not for this development. She has the property next to this and is at the end of the line for water and sewer lines. She intends to keep her property next to his as it is now. She might have animals in there. She waters it and floods it. She is not happy about it and feels he’s overdoing a good thing.

 

Ms. Sims said she’s owned that property for 33 years and her family has owned it for almost 90 years. All of these new developments aren’t necessary, especially next to her.

 

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Commission Member Smith said affordable housing is very necessary in this area, because we don’t have it.

 

Ms. Sims said it’s fine to have affordable housing, but it doesn’t need to be on that corner. She doesn’t know what she’ll have on her property and what it might do to them. They might be sub-dried out. She won’t change her land.

 

Paul Nance said as you try to drive down Bear Lake Blvd., the traffic situation is very, very busy. He doesn’t see an easy solution, but this has to be linked to getting 300 W. done. The towns been trying to get it done since he was on the Council. It’s always talked about, but it needs to get done and be done right.

 

Commission Member Bills said he agrees, but it’s like sheep. As soon as one road will start on 3rd West, many others will come along. Every single developer has the same goal. They’re willing to donate land and money; they want to get it done too. As soon as someone starts, others will follow.

 

Commission Chair Huefner said it is being surveyed this summer.

 

Anita Weston said at the Commissioner’s meeting, it was stated there’s no oil for asphalt in Utah. They’ve put off roads for a few years. Paul Nance said concrete is about the same cost.

 

Don Webb said his affordable housing would be from $79,000 to $159,000. It will be the only place for average wageworkers and their families to ever live in Bear Lake again.

 

Ms. Sims asked where the children will play if this is on the highway. Mr. Webb said his planners approached him about putting 40 units on this lot. He’s dropped it down to 20 and they have landscaping and a playground. The whole project will be fenced. They’re all single units. He doesn’t know if they’ll just be sold or rented out. He feels he’s doing a service to the community.

 

Mr. Webb said we’re all trying to be attorneys and we’re not. Anita Weston said the parking is different when rented than when bought.

 

Commission Member Gough said he understand that most of you have lived here for a long time and hate to see change, but change is going to happen. Farmers will know that their land is worth a fortune. When you landowners want to make your millions, you’ll be able to do that. We are just trying to make the change happen responsibly.

 

Larry Hodges said you need to do it right. Lana Hodges said we just need to get the infrastructure done right.

 

 

 

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ADJOURNMENT

Commission Chair Huefner adjourned the Public Hearing at 7:30.

 

 

 

 

 

 

 

APPROVED: ATTEST:

 

 

 

_________________________________ _____________________________________

Jennifer Huefner, Chair Assistant Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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MINUTES OF THE

PLANNING COMMISSION MEETING OF

GARDEN CITY, UTAH

 

The Garden City Planning Commission held their regularly scheduled meeting on Wednesday, August 6, 2008 at the Garden City Office Building located at 145 W. Logan Rd. Commission Chair Huefner opened the meeting at 7:35 p.m.

 

Commission Members Present:

 

Scott Gough

Jennifer Huefner, Chair

Greg Bills

Frank Smith

Excused: DJ Ballingham

 

Others Present:

 

Sharlene Millard Ellouise Sims

Don Webb Paul Nance

Mark Daines Larry & Lana Hodges

John & Joan Loosle Milt & Jean Erickson

Phil Gertge Brian House

Anita Weston

 

CONFLICT OF INTEREST

 

No conflicts were stated.

 

RASPERRY RIDGE PRELIMINARY, Phil Gertge

 

Commission Chair Huefner said this is for a 350-unit townhome development west of SR30 and will include about 95 acres of land.

 

Mr. Gertge showed the Preliminary Plat. Commission Chair Huefner said she likes the parking. Mr. Gertge said the commercial isn’t necessarily decided yet. He’s thinking of putting in boat rental shops, antique shops, mom and pop type shops, etc. on the north side.

 

Commission Member Gough said there is a lot of land from the highway to where this subdivision begins. A lot of people won’t even see that. He also likes the parking. Mr. Gertge said the commercial parking would be behind the buildings. That will give them better opportunity for landscaping. Nothing is set in stone at this point.

 

 

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Mr. Gertge said they’re trying to put the quieter part of the commercial next to the existing homes. He has called Kent Fisher 11 times and can’t get a response from him. Commission Member Smith wondered if we could help get them together. The Planning Commission would like to meet with both Mr. Gertge and Mr. Fisher to discuss this, the color of the lighthouse and the Pickleville Parkway connection. Mr. Gertge plans on connecting to Hodges Canyon.

 

Commission Member Smith said we should make sure the PUD’s fuse and have roads that connect. We need to make sure it will work for the benefit of the community.

 

There was discussion about putting a walking strip on the side of the road with a piece between for safety. His roads will be 30’ wide. He likes the gate for the selling point. But he’s not really that worried about it. He could go either way. Commission Member Gough said if there’s a gate, he believes there should be a cul de sac before it in case the emergency vehicles are on the wrong road and they need to turn around.

 

They need to have street names. Mr. Gertge said he’s thinking of using a variety of raspberry names. Council Member House said Cambry has already been taken.

 

Commission Chair Huefner asked about the oversized parking for boats and trailers. Mr. Gertge said they have a parking lot of 80 spots on the lower end that are 50’ and longer for the trailers. They’re still going to discourage having the trailers on their property so they won’t have to park up on the hillside. The parking will be secured. It will be included on their Phase I plat.

 

Commission Chair Huefner asked about UDOT approval for their access. Mr. Gertge said they have had preliminary talks and they don’t seem to have a problem with it. They will have to do some studies. A turning lane will depend on the studies.

 

Commission Chair Huefner asked about the possibility of using his canal shares for secondary water. Mr. Gertge said that’s what he is planning.

 

Mr. Gertge said he didn’t know that the Impact Study was part of the preliminary. His engineer didn’t see that as part of it.

 

There was discussion about the main collector street being a little larger.

 

Mr. Gertge asked if the tank needs to go in before anything else. He said he was told that he could build below the canal, but not above. Council Member House said that everything from here on out has to have their own water source. The Engineer will have to determine that.

 

(The motion is made at the end of Phase I).

 

 

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PHASE I RASPBERRY RIDGE, Phil Gertge

 

Mr. Gertge said the units would be sold to individuals who will have the option to put them in a rental pool. They will have their own rental program.

 

Each unit will have a 2-car garage, 2-car attached garage and a minimum of 30’ driveway. They don’t have anything bigger than 3 bedrooms. Every one of the units should have 4 parking spaces with additional at ends of streets and various places. Commission Member Gough said to make sure you have the parking for it and the parking for boats, trailers, etc. also needs to be in tact. He likes it and the roads.

 

Commission Member Gough said if the units have the option for short-term rentals, the parking will increase and that needs to be looked at and make sure there is parking for boats. He likes the roads and the cul de sacs.

 

There are two accesses that go onto Pickleville Parkway

 

Council Member House asked that the map be a little more accurate following the highway and showing the right property owners.

 

Commission Chair Huefner is concerned that the engineer hasn’t read the ordinance thoroughly because there are a few things that they still need. She wanted to go through a few things in the ordinance about PUD’s; They show the drawing and organization of the structures, their proposed uses, provisions for off-street parking needs to be shown on the plan, internal and external traffic circulation is shown, but the streets need to be named, schematic architectural drawings showing fire hydrants, etc is shown, landscape plans are shown, large block plan shown, 60’ right of way (45’ will be paved), survey of the plat is done. The drainage plan needs to be shown for the whole PUD; Mr. Gertge said they’re staying away from curb and gutter. Commission Chair Huefner wondered about the open space, Mr. Gertge said it is 70/30, which doesn’t include the roadways or buildings.

 

Commission Chair Huefner said the parking shouldn’t be included in the open space unless it’s being used for the clubhouse. She would like to know how that was tabulated. Extra parking is also not included.

 

Mr. Gertge said all of the parking lots on the lower would also be calculated as open space and the engineer hasn’t calculated that in.

 

Commission Chair Huefner said there is passive and active open space. Mr. Gertge has great open space. She’s not too worried about that.

 

Commission Chair Huefner said they would need to go through the engineer for water.

The dumpsters will be in the commercial area and hidden. They will have plenty of room for the trucks to turn around.

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Commission Chair Huefner said she likes the Phase I plan because it can exist independently from the other phases.

 

Commission Member Gough asked if the improvements would be completed in Phase I. Mr. Gertge said they would be completed with Phase I, but not necessarily before the buildings are complete. Commission Member Gough said he is still upset about the golf course in Shundahai. He thinks we need to make sure those amenities are finished.

Council Member House said he was told it’s a buyer beware. Commission Member Gough said buyer beware is nonsense. Commission Member Bills said anywhere else in the country, that would go in first.

 

The items that are missing for the Preliminary are: Impact statement, street names, drainage plan for whole subdivision, extra parking on Phase I, calculations on open space done and appropriately tabulated, dumpster locations, water issues and street widths.

 

PUD

Commission Member Smith made a recommendation to the Town Council that they approve the Preliminary for the PUD based on certain conditions. Those being: street names, impact statement, which is important, a drainage plan, parking for Phase I, open space calculations appropriately tabulated, dumpster locations, water and street widths. Commission Member Gough seconded the motion. All in favor and the motion carried.

 

Phase I

Commission Member Bills made a recommendation to the Town Council that the Planning & Zoning approve Phase I with all the provisions that were laid out for the PUD preliminary be met. Commission Member Smith seconded the motion. All in favor and the motion carried.

 

PICKLEVILLE COMMONS, Don Webb

 

Commission Member Gough said UDOT may want them to have a turning lane, but he has no idea what they would stipulate. Mr. Daines, a partner, said they should be comparing it with the Cottages across the street, but the Cottages are on a town road, and they’re not.

 

Most of the back open space is delineated wetlands. Commission Member Gough said the parking has already been addressed, they have an impact statement, fire hydrant on each end, landscaping between the buildings. Mr. Webb said it wouldn’t be an eye sore. They do still need to figure out their water.

 

The sewer main and manhole are in front to the west. They will get with the sewer dept. They will bore the road for extra water. For the drainage - everything goes to the retention pond. There was discussion what to call this development, there’s not enough land for a PUD, they’re not considered individual lots, the units are not connected; Mr. Daines said he considers them stand-alone condos. The units are 10’ apart.

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Commission Member Bills thinks it should go through a title company. Normally, within a condo, they only own the inside. He recommends that we talk with the title company first.

 

Commission Member Gough agreed and wondered about the 10’ property line; will that fit into the condo criteria? PUD’s have 10’ front and back setbacks. Norman Mecham had 3’ in the front of one of his developments, so they wondered if it is negotiable.

 

Commission Member Bills said he likes the affordable housing. He would like to see more like it. Commission Chair Huefner said we just need to make it fit somewhere in our ordinances.

 

There was discussion about owning the walls, and a question about a condo changing a commercial zone into a residential. The 30’ front setback also needs to be checked.

 

Commission Member Gough made the motion that we recommend to the Town Council that we approve the Preliminary Plat for Pickleville Commons, a condominium subdivision, with the recommendation that they check the front setback. Commission Member Bills seconded the motion. All in favor and the motion carried.

 

APPROVAL OF MINUTES

 

The minutes of the Public Hearing of July 2, 2008 were presented. Commission Member Bills made the recommendation that we approve the minutes for the Public Hearing of July 2, 2008 as we have them stated. Commission Member Gough seconded the motion. All in favor and the motion carried.

 

The minutes of the regular meeting of July 2, 2008 were presented. Commission Member Smith made the motion that we accept the minutes of the regular meeting of the Planning & Zoning Commission on July 2, 2008. Commission Member Gough seconded the motion. All in favor and the motion carried.

 

The minutes of the special meeting of July 8, 2008 were presented. Commission Member Gough made the motion that we accept the minutes of the special meeting of the Planning Commission of Garden City, Utah on July 8th as written. Commission Member Bills seconded the motion. All in favor and the motion carried.

 

TRAINING

 

There will be no training tonight.

 

MISCELLANEOUS

 

Commission Member Smith said he also has a problem with the Golf Course not needing

 

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a letter of credit. It’s one thing to work within a phase, but this is something that could come back and bite us and we could be sued as a town.

 

Commission Member Bills said something has to be done, but if they started bringing in equipment and moving dirt, it would increase sales. They’re punishing themselves because they’re not making anything happen. This subdivision isn’t moving. If you went anywhere else, it would be up and green right now.

 

Commission Chair Huefner said we would have to specify it in our ordinance. Improvements need to be defined better.

 

Commission Member Smith said most everywhere else, anyone would have to apply to the state for their developments.

 

Commission Chair Huefner said we are not required within the ordinance to bond for things. In order to protect our citizens, we need to put something in our ordinance. She agrees and would like Commission Member Gough to bring a letter next month and we’ll sign it and forward it on to the Town Council. We also need to show up and defend our position.

 

Commission Chair Huefner told Commission Member Gough to do a simple paragraph that could be added as an amendment to our ordinance. Do a cover letter with wording that we would need to use. He’ll need to put it in #11E-404. Also look at #11E505 and add it to a section below that. She suggested having him look at other town’s ordinances to see what they’ve done. Commission Member Gough said he would do that.

 

Commission Member Smith said this is our town. We are responsible for the decisions made here.

 

Commission Member Bills made the motion to adjourn at 10:00 p.m. Commission Member Gough seconded the motion. All in favor and the motion carried.

 

APPROVED: ATTEST:

 

 

 

______________________________________ ________________________________

Jennifer Huefner, Chair Assistant Clerk

 

 

 

 

 

 

 

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