Meeting Minutes December 2005






The Garden City Planning & Zoning Commission held their regularly scheduled meeting on Wednesday, December 7, 2005 at 7:00 p.m.  The meeting was located in the Garden City Office Building located at 145 W. Logan Rd.  Commission Vice Chairman Hodges opened the meeting at 7:12 p.m.


Commission Members Present:


Lana Hodges, Vice Chairman

Nate Parry

Lance Bourne

Frank Smith

Troy Petersen


Others Present:


Sharlene Millard                                               T.A. Schaefer

Darren Lutz & son                                            Brad Davis

Dennis Ashton                                                  Jayne Hodges Davis

Ken Hansen                                                     Margaret Satterthwaite

Elizabeth Seiler

Larry Hodges




Frank Smith was sworn in as a new member of the Planning & Zoning Commission.  He will replace Mel Maynes, who has resigned.


EXTENSION OF CUP, Frehner Construction, Dennis Ashton


Mr. Ashton said because of weather and the rock situation at Rocky Point, they didn’t get as much done as they thought they would.  The rock wasn’t consistently hard enough to make road base.  They are about 30,000 yards shy of rock to crush.  He feels if they had two more months, it would conservatively help.  He hopes to start the first of May and should be done by the end of May, but would like to the end of June. 


Mr. Ashton said he has only had one or two calls about the dust.  Commission Member Hodges complimented him on how they handled the dust and the work this summer.




Commission Member Petersen made the motion to accept this application and let them keep on crushing from the first of May until the end of June, 2006.  Commission Member Bourne seconded the motion.  All in favor and the motion carried.




The order of the agenda has changed because Mr. Sheehan and Mr. Cox are not present yet.




Mr. Smith explained that they have done some calculations with the Cache Landmark engineers and have checked the figures.  They have a letter from the bank stating that they will re-issue a letter of credit by the end of the month.  The President of the bank signed the letter.  Commission Member Hodges read from the letter.  The amount on the letter of credit will be reduced.  The original amount was $640,000.  The letter shows that $240,000 is still left.  The project has about $800,000 into it now.  There are a few more things to be done.  The water line, sewer line, electrical, finish grade of roads, pump house, pressure reducer are almost done.


Mr. Smith said he would bring in the letter of credit before December 29th, 2005.  He said the letter of credit will be for 6 months or for 1 year.  The bank doesn’t care which.  Commission Member Hodges suggested making it for 1 year.  Commission Member Bourne suggested 9 months.


Commission Member Parry made the motion to accept Mr. Smith’s letter of credit for 9 months as soon as he gets an official letter from the bank for $240,500.  Commission Member Seamons seconded the motion.  All in favor and the motion carried.




Ken Hansen was here representing Mr. Mecham.   He said this is the last phase of Cherimoya subdivision.  There will be 11 lots in this phase with the total being 57 lots.


Mr. Hansen did receive copies of letters from adjacent homeowners from Mr. And Mrs. Davis and Mrs. Fraughton..


Adjacent property owner, Brad Davis, was here and said his letter is very self-explanatory.  He said he is the property owner that is closest to the subdivision.  He said there are lots that are being built in Phase I without sufficient roads to get in or out.  Even the road signs at the bottom of the hill have been knocked down.  No boundary agreements have been executed.  If Phase 3 is approved, he’ll be left with no option and the subdivision will be done without these things being taken care of.  This is their only leverage.  He feels the developers should be forced to live up to their agreements.


Mr. Hansen said there are two issues here:  Cherimoya subdivision is different than the Hodges Canyon Road.  The Hodges Canyon road is what the Planning & Zoning have been working on for 4 years.  The town had been receiving threatening letters from an attorney for Mr. Ron Hansen.  The town has purchased property from Ron Hansen, which was out in the right of way.  They have also worked with the Hodges on the other side of the road because of discrepancies in surveys.  They have boundary line agreements with Larry and Lana Hodges.  The boundary line agreements are completed and in place.  The Davis’ letter was about work done last summer.  However, some issues have been delayed in the better interest of the town.


As the mayor, Mr. Hansen and Council Member Wride stood at the bottom of the lane with only 35’ in width.  Since that time, Mr. Ron Hansen has sold his property.  The Mayor has elected to work with the new property owner.  They have a verbal agreement to widen the road at the bottom, possibly adding 30 more feet.  It will make the road more conducive for more traffic.  There is an issue with the power pole on the bottom and a drainage issue.  He said we need good engineering to determine how it will lay out.  We also need to get the rest of the property acquired.  The town has been working for 4 years now to get this road workable.  There are things they will be doing for Jayne Davis, and Larry and Lana Hodges, but that can’t be done now because it’s so late in the year.  The road is going to happen.


Mr. Davis said his issue with the town is that the road is one of the two ingress/egresses.  Nothing has been done on the roads with the homes being built.  The road is unsafe and inadequate.  He suggests slowing down on the development of the subdivision and finish the roads.  It’s just not safe. 


Larry Hodges agreed with Mr. Davis and said that the top of the road is the most narrow and requires the contractor to put in a road over the canal, which hasn’t been done.  To have another subdivision, he’d be totally surrounded.  He thinks it would be to everyone’s advantage to have this tabled until the roads etc. are done.  That’s the reason for phases he said.


Mr. Hansen said the culvert wasn’t put in because the water was in the canal all summer.  Darren Lutz said he may be able to do it.  He said it wasn’t good planning on his part.  Commission Member Smith said the culvert could be done now.


Mr. Lutz said everything has been purchased and is sitting on the lot.  Commission Member Parry asked about a timeframe to get the culvert done.  Mr. Lutz said it should be done now, but it got too late in the year.


Mr. Hansen said he’s here for final approval of Phase 3, so they can do construction on the Tamarind road.  The water, sewer and phone are in.  The power is not, but the conduits under the canal are in.  The fire hydrants are also in.


Commission Member Smith asked if there is adequate water for the fire hydrants.  Mr. Hansen said there is 42 psi on the highest lot, which is straight up from the highway.  They have water from Swan Spring.  The flow is adequate.  Phase 3 has more pressure than Phases 1 or 2.


Commission Member Parry asked how the Planning & Zoning could slow down anything that

has been approved.  It’s only 11 lots.


Mr. Hansen said he doesn’t want to rush into doing the road until they can do a good road.


Mr. Hansen said Mr. Davis just brought up an issue with safety of the road.  Making it larger with help with the safety concern.  He’s been in negotiation to acquire property.


Commission Member Hodges said the subdivision was approved subject to Hodges Canyon Road being widened.  Mr. Hansen said it approved with concerns about the road.  There have already been two final approvals on this subdivision. 


Commission Member Hodges asked Council Member Wride if there is money earmarked for the Hodges Canyon Road.  Council Member Wride said she would have to look for sure.


Mr. Hansen said Hodges Canyon Road and 3rd West are the only two roads that are of concern right now.  Commission Member Hodges wondered if the roads were prioritized.


Mr. Davis wondered when the funds for Hodges Canyon Road will be available?  Mr. Hansen said it was allocated the first of July.  It’s in this year’s fiscal budget.  It’s realistic to think that the road could be done in the summer.  It’s a priority to get something done with that road.  The right of way is 60 feet.


Commission Member Hodges said she has some concerns with safety issues.  There are 5 houses going up right now with one road coming out above the canal and down Hodges Canyon.  If we approve this phase, there’s no secondary access.  Mr. Hansen said there is an access on Tamarind Way.  Mr. Davis said that access is currently less than 30 feet wide and can’t be passable.  It’s mud this time of year.  It’s not usable in its current condition.  Mr. Hansen said that’s why we’re here to get final approval to finish it up.  He said he’s not going to leave the road like it is now.  Everything has been paid.  It just got too late in the year to do it.  They do have a letter of credit.  Commission Member Hodges asked if it includes Phase 3.  Mr. Hansen said it wouldn’t be a problem.


Commission Member Parry wondered if an approval could be given, but not give out any Building Permits until the roads are done. The Planning & Zoning didn’t think so.  They asked if the power is in.  Commission Member Bourne said the power is in.  Mr. Hodges said he hears a generator all the time at Larry Gray’s home.


Mr. Davis asked how Building Permits were approved for the previous phases if the road wasn’t finished?  Mr. Hansen said the only thing that was required for Phase 2, was to have a description on the inside of the road.  After the boundary line agreements were done, they had to get the boundary line recorded, and he has done that.   The entire piece of property is in the town’s name.


Commission Member Smith said it takes a while to get things done.  All the easements have been deeded to the town, except the piece by the entry.


Commission Member Smith said it sounds like the subdivision is headed in the right direction.  The only other way in or out of the subdivision is through Hodges Canyon Road.  Mr. Hansen said the Planning & Zoning said they wouldn’t approve it until the boundary line was complete.  They weren’t happy with it but they approved it.  Mr. Hansen and Mr. Mecham are just trying to make the situation better by adding the piece down at the bottom of Hodges Canyon.


Commission Member Smith said every subdivision has to have two ingress/egresses.  He wanted clarification on that situation.  It was explained that one road is grubbed out and isn’t very good, the other is Hodges Canyon road right now.  Mr. Lutz said something has to be done with the road on Tamarind to make it better.


Mr. Hansen said getting the road done is the town’s responsibility.  There are a few exceptions that Mr. Norm Mecham has promised to do to help some of the neighbors.


Commission Member Hodges wondered about the letter of credit including Phase 3.  Mr. Hansen said the only thing that needs to be put in is the road and power.  The power is paid for.


Commission Member Seamons asked if the stipulations have been met for the first two phases.  Mr. Hansen said yes, except the road.  He has gotten the boundary line agreements and that is what was required.  He said it doesn’t make sense to do a small road then add to it later.  The town has the responsibility over the road.  Cherimoya was required to put in the culvert at the top.  It’s sitting there, ready to go in.


Commission Member Hodges, said as a property owner watching the construction and the traffic, she feels if there is any more traffic on that road without it being widened, someone will be killed.  Mr. Davis agreed and said if the boundary line was required in the phases, both the town and Mr. Mecham are in default with the agreements.  Mr. Hansen said they have done what was required.


Commission Member Parry said Hodges Canyon is being affected by more than just Cherimoya.  The Planning & Zoning shouldn’t hold them up because of the boundary agreements.


Mr. Davis said he’s not a resident here, but feels this is a situation where the Mayor has a conflict of interest.  In Sandy, this is illegal.  He thinks that Mr. Hansen should decide if he’s here as a Mayor or as a developer.  He needs to wear one hat.


Mr. Hansen said he’s here with Cherimoya tonight.  He said there were two issues, one was with the town and the other was with Cherimoya.


Commission Member Parry said this is a small town and he’s only one voice.


Mr. Davis said if the Planning & Zoning keeps approving these things, there won’t be a safe access in or out of the subdivision.  If a car goes through his house, he’ll sue the town.  He doesn’t want anyone killed.  He said to get the road widened before there are so many people up there. 


Mr. Hansen said they’ve lived up to every agreement they said they would do. 


Mr. Davis said unfortunately what they haven’t done is live up to the boundary agreements.


Commission Member Hodges said this has been hashed out enough.


Mr. Frank Smith said as a resident of this small town, there is a conflict of interest with a lot of things.  He can understand Mr. Hansen’s position.  He said as far as the boundary agreements, everything in the subdivision looks like it’s moving in the right direction.  He feels that someway a safety issue could be addressed with the road, even if it is a temporary fix to alleviate the concerns until spring.  If no power is in, no Building Permits should be given out.


Commission Member Hodges said the developers will start building as soon as this phase is approved.  No roads will be done.  Most everything is already sold.  Come spring, everything will be starting all over again.


Council Member Wride said we did require that both roads be accessible now.  Besides the design and engineering, the town will also need to work with UDOT for the intersection.  The process hasn’t started.  We needed to get the width first and it is a steep road.  It will need to be engineered and approved by UDOT.


Commission Member Hodges said she doesn’t foresee anyone living up there this winter.  In all fairness, the concern is that we need to get the road taken care of before the approval


Commission Member Smith said obviously Hodges Canyon Road can’t be done right now, but asked if something else can be done for the other access?  Commission Member Parry said no one will be living there or using the road.


Council Member Wride said if everything went perfectly, Hodges Canyon road could be done around June,  2006.


Commission Member Hodges said she does not have a problem with the development of Cherimoya, but it should be done according to the ordinances.


Mr. Davis said he doesn’t have a problem with the subdivision itself.  As soon as Phase 3 is approved, he’ll get a lot up there.  It sounds like the roads will be getting widened at the same time homes are getting more work done.


Commission Member Petersen wondered about the road being widened for this winter to get trucks in and out.  Mr. Hansen said they were hoping to pave all the roads at the same time. 


They will use part of Ron Hansen’s property to get trucks in and out.


Commission Member Hodges said she does have a conflict as a property owner.  She doesn’t have any financial gain.  She also said Mr. Parry and Mr. Seamons should have a conflict of interest.


Commission Member Bourne made the motion to approve Phase 3 and said we need to pressure the town to get their part done.  Motion died for lack of second.


It was said that the town has things lined up to get things done.  They know about the safety issue and think the town will get their part done.  The issue with the power line will also need to be addressed. It was suggested to make a stipulation that no Building Permits may be issued for Phase 3 until the roads are completed.


Commission Member Hodges said she doesn’t want Phase 3 to be approved until the roads are done.


Mr. Davis said the precedence is that there will be two accesses before the buildings are done.


Commission Member Bourne said they will have two entrances.  The issue is Hodges Canyon.  It’s not real safe now, but it will be.


Mr. Hansen said they can’t do anything until this phase is approved.  Mr. Davis said if they can sell the lots, there’s no reason to finish the road.


Mr. Hansen said they are working to get things done.  It’s not like they’re not even trying.  They are lacking gravel on the road and it will be paved in the spring.  They have a commitment to the new property owners.


Mr. Davis said one of the boundary agreements with Norm Mecham is with the second exit.  It’s worse now than when he signed the agreement.  Everything has been bowled into Phase 3 to make room for Phase 2.  Mr. Hansen said they have purchased gravel and it’s ready to go.


Commission Member Hodges would like the Planning & Zoning Commission to recognize what has been signed off with the boundary agreements that would need to be with this approval.  Mr. Hansen is okay with that.


Commission Member Hodges said the property owners signed two agreements and they signed in good faith.


Council Member Wride suggested that because of Mr. Hansen’s position, that there be a condition that the Town Council approves this.


Commission Member Smith said if this is approved, but no Building Permits are issued until the road is put in, then there would be a secondary entrance.  They could sell the property under the condition that the road comes in.  The road should go in quickly.


Commission Member Bourne made the motion to approve Phase 3, with the conditions that no Building Permit will be issued until Tamarind Way is completed, and the boundary line

agreements have all been met with Norm Mecham and the town.   They can sell the lots, but not actually build.  He’s confident that the road will get done.  He said we need to pressure the town to get the road finished.  Commission Member Seamons added that the time for boundary line agreements to be done is August 31, 2006.  Commission Member Smith added that Tamarind Way will be completed first.  Commission Member Hodges added that we address the Town Council with concerns about Hodges Canyon to be completed by August 31, 2006.  There should be a proper letter of credit for Phase 3.


Commission Member Parry seconded the motion.  Roll Call Vote: Commission Member Bourne for, Commission Member Parry for, Commission Member Petersen for, Commission Member Smith for, Commission Member Hodges against.


Commission Member Hodges explained that this is a recommendation to the Town Council.  Mr. Hansen said he will get a breakdown and a cost estimate and amount accordingly.




Mr. Sheehan showed new plans of what he would like to do.  He did send a draft and brought minor changes.  This will be a business plaza to help attract a variety of businesses, i.e. financial, doctors, lawyers, etc.  There is a possibility for a café.  There is such a mixed use, it’s hard to figure out the parking requirements.  He is concerned that standards for parking are so high in Garden City.  He’s looked at other towns and we have the tightest parking standards.  He feels this project will be good for the town.  He also feels the pressure for roads in town and thinks the taxes from this project will help. 


They will share an access with their neighbor to avoid problems with UDOT.  The access is shown on the survey.  Their neighbor, the Bodrero’s, have deeded over a 26’ easement to his property. 


Council Member Wride said 3rd West will happen.  We were promised that it would be done this last fall.  It is in conjunction with the Logan Canyon project, so our road got put back.  It’s anticipated that it should be done this next summer.


Mr. Sheehan said he is willing to work with the town.  If the town requires something, he will be happy to do it.


The water, sewer and power are next to them and go along the highway.  Mr. Sheehan said he owns the property.  The easement description is on the plans and has been recorded.


Mr. Sheehan said as far as the exterior of the building, he’s tried to put some things in there to make it fit in with this area.  He would like to use a lot of stone; natural, traditional colors; no shiny, bright steel; redwood color, finished pre-metal wood system; log beam accents; asphalt shingles with a shake appearance; river rock products.  The canopies will have wood trusses with tongue and groove wood soffit.  The foundation will be colored and there will be no windows on the side towards the KOA.


Commission Member Hodges asked Mr. Sheehan if he owned the property.  He said yes.


Mr. Sheehan said the products are expensive and will add to the value of what the Planning & Zoning wants to see in the community


Commission Member Smith said this looks great.  Mr. Cox said they tried to listen to what the Planning & Zoning wants the town to look like.


They would like to get letters of commitment from prospective businesses and get them solidified.


Mr. Sheehan and Mr. Cox said they appreciate the consideration of the Planning & Zoning.  They will try to find tenants and build in the summertime.


The Planning & Zoning members agreed that this would be a nice looking building.  They will need to get with the town office for water connection fees.  If they use propane, their tank will need to be buried.


Commission Member Bourne said the Architectural Standards, parking and landscaping are all being met.  There are two entrances, so he doesn’t see a problem.


Commission Member Smith made the motion to approve the commercial building for Greg Sheehan, based on what we see here.  Commission Member Parry seconded the motion.  All in favor and the motion carried.




Mr. Mathews thinks this area is growing and would like to build a business here.  He’s a small businessman.  He would like to build a lot north of Ed Price and bring in a pre-built home, big enough to have a viewing and meet families.  He will do the embalming in Montpelier.  He said there hasn’t been a big increase in business here. 


He wondered if the zone would be compatible for that type of business.  He was told that it’s in the process of being annexed and will be zoned commercial.


Mayor Hansen said the ordinance doesn’t show a zone for mortuaries.


Mr. Mathews said the building would be a 1200 sq. ft. manufactured building with a garage.


Commission Member Bourne said if this is in the commercial zone, it would have to meet the Architectural Standards, parking and landscaping.


Commission Member Hodges said the community commercial zone does include businesses performing a service.  Parking would be an issue.


Mr. Mathews said his property would be about 2 acres.  He would like a layout situation so the land won’t be landlocked.  He likes this location because it’s quiet and more secluded than on the highway.  He will not hold services in that location, just viewing.  The funeral would be in the church.  He would also sell caskets out of the building.  The home would be constructed for his needs.


Commission Member Hodges feels this is a permitted use for the community commercial zone.  He will need to meet the Architectural Standards, parking and landscaping.




Commission Member Bourne said a daycare should be kept in the community commercial zone.  If someone wants a home in a residential area, they don’t expect there to be a business next door. However, he likes the idea of having a daycare in town.  We need it.


None of the Commission members had any definition changes.  Commission Member Seamons questioned the number of children that would be allowed, which is already highly regulated by the state now.  He feels if daycare is a Conditional Use Permit in a residential area and the property owners have been notified and have the right to protest, we should entertain the idea.


It was said that fire chief Mike Leonhardt checked about the state fire regulations on daycares.  There can only be 16 children in the daycare at one time.


Commission Member Smith said if there’s a chance the daycare could be next to a convenience store, someone could buy a coke and grab a kid.  That’s scary.


Commission Member Seamons said he’s had three kids in daycare and has had experience with them.  He said it’s a lockdown facility.  No one will allow you through the door unless they recognize you.  They can’t even leave the building without someone pushing a button.


Mayor Hansen said you hear about children being abducted all the time, but he has not heard of one being abducted from a daycare.  This is a hard decision.


Commission Member Hodges suggested having two definitions for daycares; one for residential and one for commercial.  If one is residential, they can’t have more than 6 children in the home.  It could be like a home occupation.


Elizabeth Seiler said a home daycare with a single provider is licensed by the state.


Commission Member Hodges suggested the definition for commercial should include no more than 6 children and be determined by square footage.  It would be good to also include “those who aren’t violent, drug users,” etc.  That way, you can have those in a home situation and those who want to run a daycare. 


Ms. Seiler suggested including an age range and to be in accordance with state licensing.


Commission Member Hodges suggested putting daycare as a permitted use in the commercial zone and as a Conditional Use Permit in the residential zone.  She said we need that facility here and it gives people two different ways to do it.


Commission Member Seamons like that recommendation.  He said we need to change the definition and determine which zones to work on and put daycare in as a Conditional Use Permit.

He said we need to look closely at the zones. 


Commission Member Hodges said we really need to take out “ Other uses similar to above judged by planning commission to be in harmony.”  She said she’s gone through all the zones and found things that need to be changed.  She suggested for the next meeting, all of the Planning & Zoning Commission look at the zones and bring them up to speed. 


Commission Member Smith said Mr. Sheehan’s development is just he tip of the iceberg.  He said with all the new annexations, there will be a lot of new businesses.


Mayor Hansen suggested putting daycare as a Conditional Use Permit in any zones decided.


It was stated that next month, all the Commission members should come prepared with their definitions.  




It was discussed that the Planning & Zoning Commission does care about the citizens of the town.  They know the members of the community.  The larger the towns are, the more they go by the book and don’t care about the people.  The Commission members have heard how hard they are to deal with and they don’t understand it.




The minutes of the Public Hearing of November 2, 2005 were presented.  Changes were made.  Commission Member Seamons made the motion to accept the minutes with changes made.  Commission Member Bourne seconded the motion.  All in favor and the motion carried.


The minutes of the regular meeting of November 2, 2005 were presented.  Changes were made.  Commission Member Bourne made the motion to accept the minutes with changes made.  Commission Member Seamons seconded the motion.  All in favor and the motion carried.




Commission Member Seamons made the motion to adjourn at 9:50 p.m.


APPROVED:                                                               ATTEST:




___________________________________________________       ____________________________________            ___________________________________

Lana Hodges, Vice Chairman                                       Assistant Clerk