Meeting Minutes 2006






The Garden City Planning & Zoning Commission held a Public Hearing on Wednesday, December 6, 2006 at the Garden City Office Building located at 145 W. Logan Rd.  Commission Member Smith welcomed everyone here at 6:00 p.m.


Commission Members Present:


            Frank Smith

            Lance Bourne

            Jennifer Huefner

            DJ Ballingham

            Dennis Salzetti


Others Present:


            Sharlene Millard                                               Alice & David Conder

            Anita Weston                                                   Rob J. Wilson

            Bobie Corey                                                     Ted Wilson

            James Blotter                                                    Howard M. Pope

            Leon Hyde                                                       Scott Bessinger

            Tom & Gaynell Hutson                         Debbie & Gary Forakis

            Skip Duffin                                                       Norman Mecham

            Kent Fisher                                                      Brian House

            Margaret Satterthwaite                         Steve Hislop

            Loretta Fidler                                                   David Stringham

            Marty Adams

            Mike DeBloois




Commission Member Smith explained that this subdivision is located on 200 N.  He wants to subdivide the property into 7 lots.  There were no comments from the audience.




Ted Wilson of Bridgerland asked if Mr. Mecham has filed a master plan approval before anything was proposed.  Howard Pope said Mr. Mecham wanted input from the town years ago about this.


Commission Member Smith said all developers have to show what is proposed before it can be approved.  They will address the issues of Bridgerland when Mr. Mecham comes.  Tom Hutson said there is not enough information presented for anything to be approved. 


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He said if we can get their input, we could discuss it in an open forum.  Commission Member Smith said we can’t require that the developer be here for the Public Hearing.  Mike DeBloois asked Commission Member Smith to read the letter sent from Bridgerland.  There was a question about how the property owners would get to the forest and also concern about them using Bridgerland roads.


Mr. DeBloois said we don’t have enough information to hold a Public Hearing tonight.  Mr. Wilson said if Mr. Mecham and Mr. Elliott are not here to answer questions, we won’t have our answers.  Commission Member Ballingham asked if we could postpone the Public Hearing until later tonight.  The audience didn’t think they would be here then.


Mr. DeBloois said two accesses are very important for emergency situations.  One access won’t work.  He was told that the roads and cul de sacs will be addressed through the town’s ordinance.  Mr. DeBloois said city ordinance is one thing but safety concerns are another.  A lot of people are in danger in this situation.  Things need to be planned better.

He thinks there should be a north and south entrance.


Commission Member Bourne said we’ll discuss that, it’s part of the safety issues that will be addressed.


Commission Member Smith said Bridgerland borders this subdivision by 3 sides.


Dave Stringham said there has been no request for sewer yet.


Mr. Hutson said filling their water tank is his concern.  He wonders if the town will have enough water.  Services here are strained, including law enforcement.


Mr. Mecham and Mr. Elliott arrived.


The questions that were asked from the audience were:  the water reservoir – will there be enough pressure for all of the lots?  Mr. Elliott said there is enough fall from the top to service 22 lots.  They will have a boost station to help with the rest.  There was a question about the 2 entrances/exits.  Mr. Mecham said there is one shown and one lower that isn’t shown and is already actually in.  It is where the rocks have been dumped.  It is to the east of their subdivision.  There was a concern of a bottleneck at the end of the road.  They wondered if the property below is going to have access through that “other” road to the highway?  Mr. Mecham said that’s 80 acres of national forest ground. 


Mr. DeBloois asked about fire prevention anticipation issues.  They’re concerned with subdivisions that bottleneck people in.  A north exit would help with the issue of safety.  There was a question as to where the north exit would lead?  It wouldn’t be the highway.  There was also a question as to how the homeowners would get out in the winter?  There was a question if where the roads intersect, could they be rounded?  They are at a point. There was a question about the grade and turning radius? 


Commission Member Bourne said the grades are shown on the map, some of the grade is 13%.  Mr. Elliott showed a new map and said there is a short section-150’ on “Street B”

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that precedes 8%.   Mr. Elliott said they knew there were a lot of questions about the road before they came, so they started addressing some of the road issues and have presented a different map.


There was a question about trails heading to Bridgerland.  Mr. Elliott said the trails will be on the border of their subdivision.  They wanted to provide walking and hiking trails. ATV’s will be restricted to the roads.   Some horse trails are in a different part of the subdivision.  The trails will come to the periphery of the property.  They can make loops throughout the subdivision.  It will go through the old Val Woodward property also.  The subdivision of 15 acres of Mr. Woodward’s property will be participating in all the amenities of their subdivision also.  They will have to go through their own subdivision process.


Mr. Elliott said all the roads within the subdivision will be asphalted.  They will have a private Homeowners Association.  The town will not be maintaining the roads. 


There was a concern with increase in traffic flow because of the roads.  Mr. Elliott said there won’t be access through others properties.  They are not anticipating any access through Bridgerland’s roads.  He said to be good neighbors, both subdivisions should keep their fences up.


Mr. Elliott said they have been discussing the size of lots with the Bear River Health Dept.  The size depends on percolation and lot lines.  If they need to go to 1-acre lots, they’ll do it.  The lot size now is ¾ acre.  Mr. DeBloois said there might not be so much opposition with the amount of density.  All of the lots will be septic and they will be approved ahead of time. 


There was a comment that if there is a higher density, it will require them to have sewer.  Mr. Elliott said that would be fine.


Mike DeBloois asked about the restrictions for Bridgerland people going across their land to use forestland.  Mr. Elliott said it’s public land; the public can use the forest.  The problem will be to get access.   No one can get in the 80-acre forestland with a 4-wheeler without going through Bridgerland or their road.  NASA’s area is landlocked, gated and private.  There is no public easement or right of way there.  The 80-acres of forestland will probably always be open which is good in terms of density.


There was a question about water and wells.  How will Garden City provide water?  Where will it come from?  Mr. Mecham said he has agreements that were signed years ago.  Water rights for 480 connections have been transferred.  Ned Calder said in the middle of summer we’re drawing 2000 gallons per minute and the town can only draw 1200 gallons per minute, that’s all they’re allowed.  He doesn’t know if the town has transferred some agricultural water to culinary.  Mr. Elliott said there will have to be more storage tanks to hold water and provide for fire flow.  He said the city is transferring irrigation rights into culinary.  Mr. Calder said the town has working on this


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for many years and they still don’t have it all transferred.  Mr. Elliott said it’s a continual process as more agricultural use changes to residential use.  It will be for the town to answer.


The timeframe on the infrastructure will depend on when this is approved.  They would like to start the infrastructure immediately and have it done within 1 ½ to 2 years.


The water tank will hold 500,000 gallons.  It will depend if the lots are ¾ acre or 1 acre.  They have been discussing the size of the water transmission line with the town engineer.  It will be above and below ground; Buried but with some exposed.


Mr. Elliot said there has been discussion with the property owner behind the water tank and agreements signed years ago.


A member of the audience questioned the entrance at J Street; he said you basically only have one entrance.  He wondered if it could it be possible to bring another road down to make it easier for the homes.  Mr. Elliott said the rest of the development will have an entrance with one below.  Mr. Elliott said it meets access reasons and will look at it closer for safety reasons.


There is a 60’ radius, which is recommended by most cities for cul de sac’s.  We presently don’t have an ordinance for cul de sac’s.


A member of the audience asked if there is a proposal to keep people off the fence in Bridgerland to get to the forest area?  Mr. Elliott said we just need to keep our fences up.  The fence is barbed wire.  He said they are just as concerned with Bridgerland coming through their property to use the trails, etc.  It’s a concern from both sides.


Mr. DeBloois asked if the Planning & Zoning could look at this issue in another way.  One feature is snowmobiling.  He asked if there could be a plan to show access for them so it isn’t done illegally.  Mr. Elliott said Bear Lake County and Laketown have planned it so when adjacent subdivisions are built, the roads are planned to be able to go through the subdivisions.  The roads are then owned and maintained through the county.  Balsamorhiza and Bridgerland roads are different, they’re private.  How could they be linked? 


Mr. Elliott said they could connect roads if the county and city owned the roads, but they don’t, they’re private roads.


Mr. DeBloois asked if there could be negotiations made to get to the new trail going through Bridgerland or Balsamorhiza?  Mr. Elliott said they’re all private roads.

Commission Member Smith said in his subdivision they made an allowance so people could get to the public trails through their subdivision. He wondered if Mr. Elliott had a Master Plan where people could go through their property to get to the trails.  Mr. Elliott said they have a plan.  They can go the opposite direction, across the road and up to  Hodges Canyon and to the sinks, all staying within future subdivisions.


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Mr. Elliott said there will be trails throughout the entire plan.  This is a work in progress.  The property adjoins this piece and goes to Hodges Canyon.  Some people will have to access through the 300 W. corridor which they’ll have to get an easement.   3rd West has been designated as an ATV/snowmobile access.


The subdivision, along with the Homeowners Association will have to follow the town ordinances.  Mr. DeBloois asked if there is any restriction on the height of the homes.  The Planning Commission said there is no flexibility over 35’.  The height is determined by the average grade.  The trails will have a 10’ easement with the trail being 8’, not blacktopped.  They will be maintained.  The trail is a firebreak.  It will be nice for homeowner’s.


A member of the audience asked if it can be written that the trails are not for ATV’s?  Mr. Elliott said that will be in the CC&R’s.  There will be some designated horse trails.  There won’t be corrals in this phase.


There was a question about the conditions put on the crusher.  Howard Pope said all restrictions are already in force with LeGrand Johnson’s.  It limits hours and seasons.

Mr. Mecham said they plan to use the crusher from January 2007 to July 2007.  But in reality, they should be able to have the crusher in and out within 2 months.  The crusher will be where the rock pile is presently.  They’re crushing what was taken from the highway and using it for their roads.




Mr. Elliott said they need to amend the plats for Phase I and II of the Cottages to show the additional paved parking.  The Homeowner President, Leon Hyde, was satisfied with the change.




Mr. Fisher said the 20 acres behind the Pickleville Playhouse, where he would like to have a PUD is currently zoned Recreational Estates.  They would like to have more affordable housing in this area.  They would like to zone it applicable for a PUD. He said the area needs a type of affordable housing.  He explained that he has already been to a variance meeting where someone was able to find a lot at a very reasonable price and had a hard time building a home on the lot.  His intention for the PUD is to have patio-style homes, similar to the Cottages.  They won’t be federally qualified.  He has another piece across the road, which will be for town homes and a commercial piece.  People will not necessarily live there year round.


Bobbie Coray said one benefit of a PUD is that there is more green belt space.  Mr. Fisher said there is some planned.  He’s not sure how much.  He has a place for a clubhouse for those that live in that area.    Anita Weston said a lot of that land is wetlands.  Mr. Fisher said a lot of that has been farmed, it is not a slew.



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Gaynell Hutson asked how many lots the PUD will include.  Mr. Fisher said it could be 100 lots.  Because it’s a PUD, they’re given more leniencies for density.


Tom Hutson asked if the town has any plans to bring in other businesses besides the Chevron to serve our needs.  Commission Member Smith said that is under way.  There is a lot of encouragement for that to come.


Anita Weston asked if Mr. Fisher would be using the town’s water.  Mr. Fisher said yes, they have plenty of water shares.  Travis Hobbs has tested their water and there is over 55 lbs. of pressure.  They will connect to the town’s sewer system. 


Mr. Fisher said he understood Mr. Stringham to say there will be extended sewer service in that area.


Mr. Fisher said he would like to talk with the town to see what would be allowed.  He said he didn’t know anything until Monday about 300 W. going through his property. 


Bobbie Coray asked about the design standards for the PUD, i.e. manufactured housing, etc.  Mr. Fisher said the PUD won’t be for manufactured housing, it will be on-site construction.


Gaynell Hutson wondered about 300 W.  There are right of ways along there.    Council Member House said we have it in our general plan.




Mr. Fisher said their subdivision, Lighthouse Pointe, goes from highway 30, along Kimball Lane, west to Sweetwater and from the bottom of Sweetwater to the Hodges Creek Rd.  There is a chunk of land that is 500’ behind the state road, which is currently zoned as commercial.  They would like to leave that area zoned commercial.  Behind that is an area designated for town homes and will be more affordable.  Adjacent to that are lots of 1/3 to ½ acre to the canal.  Above the canal and towards Sweetwater, the lots will be ¾ acre lots.


Mr. Fisher said the road will accommodate 4-wheelers once it hits the canyon road.  The roads will be paved on both sides.  They would like to deed the roads in the PUD and their subdivision to the town.  Commission Member Smith said most people don’t want to turn the roads over to the town.


Bobbie Coray is concerned about the size of Kimball Lane for access and egress for Sweetwater and these new subdivisions.  She asked if that could be a road that will be a traffic jam in the making.  Mr. Fisher said these subdivisions won’t be done for years. 


Ms. Coray asked if the developer should be required to widen the road.  Mr. Fisher said there will be 3rd West that will help with congestion.



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Ms. Coray asked about the water pressure.  She said as wells are drilled, does that change the water pressure for everyone in Sweetwater?  Mr. Fisher said no, and they will build a tank to provide for help with that.


As far as water tanks, the developer builds them, the city maintains them. 


Commission Member Smith adjourned the public hearing at 7:15 p.m.




APPROVED:                                                               ATTEST:





______________________________________       ______________________________

Frank Smith, Commission Vice Chairman                      Assistant Clerk































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The Garden City Planning & Zoning Commission held their regularly scheduled meeting on Wednesday, December 6, 2006 at the Garden City Office Building located at 145 W. Logan Rd.  Commission Vice Chairman Smith opened the meeting at 7:20 p.m.


Commission Members present:


Frank Smith

            Lance Bourne

            Jennifer Huefner

            DJ Ballingham

            Dennis Salzetti


Excused:  Jared Seamons


Others Present:


            Sharlene Millard                                               Alice & David Conder

            Anita Weston                                                   Rob J. Wilson

            Bobbie Corey                                                   Ted Wilson

            James Blotter                                                    Howard M. Pope

            Leon Hyde                                                       Scott Bessinger

            Tom & Gaynell Hutson                         Debbie & Gary Forakis

            Skip Duffin                                                       Norman Mecham

            Kent Fisher                                                      Brian House

            Margaret Satterthwaite                         Steve Hislop

            Loretta Fidler                                                   David Stringham

            Marty Adams

            Mike DeBloois




Mr. Bessinger showed a new plat to the board.  He said he is working with Dan Stringham and will finish the water line to 300 West this spring.  This is a regular Subdivision and is zoned Community Commercial.  He’ll put buildings similar to what’s on the other lots.  Commission Member Smith said where this is in the commercial zone, he’ll need to conform to the new architectural standards.  Mr. Bessinger said he’s fine with that.  He will build them as “build to lease” and “build to suit”.


Council Member House said he appreciates Mr. Bessinger coming in for the full subdivision instead of breaking off chunks as a minor subdivision.  Commission Member Smith said Mr. Bessinger has done a good job with everything he’s done so far.


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Commission Member Ballingham doesn’t have a problem with this, however, he wants Mr. Bessinger to let any residential owner know that this is a commercial zone and will have businesses next door to them.  Mr. Bessinger said this will only be for commercial businesses. 


Mr. Bessinger will need to change the number on the lots on his plat.


Commission Member Ballingham made the motion to accept the subdivision as plotted and allow him to move on to the approval stage standpoint.  Commission Member Huefner seconded the motion.  All in favor and the motion carried.




Ray Elliott said they worked out the road issues before they came so he showed an updated map.  Commission Member Bourne said he’s seen everything on the roads at 12% or less.  Mr. Elliott said everything is 8%, other than around a corner that has 12%.  They couldn’t figure out how to eliminate the corner.  Mr. Elliott said there is a provision in the ordinance that a short distance that can be approved for the higher grade.


Commission Member Ballingham said after reading the ordinance, he understands it to say as long as it’s not a main artery the provision can be given for 12%.  Mr. Elliott said it’s for a very short stretch only.


Commission Member Smith said this is a preliminary.  Open spaces are delineated.  They will be putting in a park at the entrance.  It will show on the final plat.  He said there is 80 acres of greenspace in the center of Balsamorhiza, which is the national forest.  The trails will go around the property and be part of the open space.


Commission Member Smith asked how the water is going to get from below up.  The transmission line is currently 8’.  They discussed if that should be changed or not, but decided to leave it at 8’.


Commission Member Bourne asked about the RV parking.  He said when people come up in the winter, Bridgerland has an area for trailers that is really nice.  Norm Mecham said that isn’t planned in this phase, but maybe in other phases.  He doesn’t want to turn his open space into a parking lot.  Commission Member Bourne said it should be fairly accessible by the highway.


Commission Member Bourne said dumpsters are a big issue.  Mr. Mecham said they can be put into the open space.  Commission Member Bourne suggested hiding them so people who are not in the subdivision won’t use them.  Mr. Mecham said that will be on the final plat.


Commission Member Bourne said he would really like to see a master plan of all of Balsamorhiza.  Mr. Mecham said this was all approved in 1999 for 120 lots.  There is a master plan on file and this is actually very close to the master plan filed then.


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Council Member Bourne said the biggest problem he sees is that the whole area would be landlocked if something happens with the main access.  He wondered if the forest service would give them any way to access through there.  Mr. Mecham said no, they would have to access through Bridgerland, but Bridgerland is very opposed to them using their roads.


Mr. Mecham said there are two concerns; fire and safety issues with their subdivision going through Bridgerland and, are people going to access for reasons other than emergency purposes.  He doesn’t think that’s up to him to solve.


Commission Member Smith said it would be nice if there were a gate and only emergency vehicles, developers and HOA’s had access through it.  Mr. Elliott said in a perfect world that would be great.  They don’t know if it would work.


Commission Member Ballingham asked about the trail to the water tank.  He’s wondering if there are service vehicles that would need to get there.  Mr. Elliott said the trail to the tank is actually wider than 10’ and would be the access to the tank.  Commission Member Ballingham said that may be an ideal place for another access to the Bridgerland road as an emergency access.


Ted Wilson said he doesn’t have any say on letting Balsamorhiza residents use the Bridgerland road for emergency access.  He won’t make that decision.  He would have to meet with the HOA’s.


Dave Stringham said speaking for the Fire District, he would be opposed to them having the responsibility of unlocking a gate for an emergency.  Mr. Fisher suggested having a crash barrier.  It wouldn’t have to be un-locked.  Council Member House asked if he could have another road and make a “Y” instead of having a turn, you’d have a junction. Mr. Mecham said UDOT strongly disgreed with having junctions straight across from each other.


Commission Member Smith said the entrance is a concern.  The second road is already developed and will be usable for a fire truck.  It’s in another phase of this and will be improved when the other phase goes in.


Commission Member Smith said the state requirement for pressure of the water tank booster pumps is 20 lbs.  If you’re trying to get 20 lbs. for culinary, the location is very important.  You need to see if there is enough fall so that it’s gravity fed.  Mr. Mecham said he’ll talk with the engineer and have it ready for the final.


Commission Member Bourne said the utility easements are not on the map.  There was a discussion about what daylight means.  Dave Stringham said it means a line surfacing on the ground.  All fire hydrant lines have to be 8”.  He would like to see a master plan for everything.  Mr. Elliott said it should be filed with the city.  Commission Member Bourne would like to see the egress/ingress and a layout to see how it all ties together. 




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Mr. Mecham said he’s done the road as a platted part of the first phase.  That road will belong to that phase.  Mr. Mecham said he’ll make sure the deeded right of way becomes a part of the plat for the final.


Debbie Ames has requested for them to change the name of part of Street B that turns the opposite way for emergency vehicles.


Mr. Mecham said he’s had a discussion with UDOT and they strongly want one entrance. UDOT feels it’s easier for traffic control.  There was a discussion about doing a primary entrance for the whole phase, but the part on the lower side becomes an emergency entrance.  It doesn’t have to be gated.  That’s what UDOT would prefer.   Commission Member Smith said as long as the main entrances look like main entrances and they’re wide that may work.  Mr. Mecham said there will be a turning lane off the main road.


Commission Member Ballingham made motion to accept the plat as indicated with insurance that there is open space of 10% which shall be named on the final plat, allowing a 12% grade on a short span of Street B with consideration of parking for RV’s and ATV’s, dumpster location be indicated and identified within the final plat, that we will have formal paperwork on water pressure relating to fire protection, as well as 20 lbs. of pressure, as well as the diameter of pipe to be laid, utility easements will be identified, egress/ingress issue will be taken care of by planning the egress on the total overall plat, identifying the 2nd entrance which is directly east of the current plat. Change of name of streets, specifically Street B be split and given 2 names for identification purposes. All streets be named as well.  Also that we have identifying papers that this is in either the county or the city and a letter from the health department indicating that the septic system is appropriate with the lot sizes.  Commission Member Huefner seconded the motion.  All in favor and the motion carried.


Mr. Elliott said their CC&R’s will be ready for the final approval.  Commission Member Bourne suggested addressing on-street parking in the CC&R’s.




Commission Member Smith had a question about time requirements.  Mr. Elliott said they would be fine with living by the same restrictions as LeGrand Johnson Constructions Crusher.  No contractor is in place for sure at this time.


Mr. Mecham said the time limit could be shortened to June 1st.  It would be good to get the crushing done before the majority of people and trucks start coming.  He feels they should have the crushing done within 2 months and hope to start by March 2007.  The location of the crusher won’t affect anyone around it.  It’s a remote area. 


Commission Member Bourne said he lived with Frehner’s crushing for 2 years.  It was annoying, but not a big issue.  The backup beepers were very irritating.  The Hislop’s are the closest to the crusher – about ¾ mile away.  If a dust complaint comes in, we’ll notify them to put water down.


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Commission Member Bourne feels the timeframe is okay.  Council Member House said there shouldn’t be a dust problem with the crushing done in March and April.


Commission Member Smith said that Chairman Seamons wanted us to be specific.  They think if we pull the restrictions of LeGrand Johnson’s, they’ll follow them.  Commission Member Bourne said we should just say daylight hours and let them get it done.


Commission Member Ballingham made the motion to approve the Conditional Use Permit for the crusher with the stipulation of utilizing it during daylight hours as well as changing the timeframe from January 1,2007 through June 1, 2007.  Commission Member Salzetti seconded the motion.  All in favor and the motion carried.


FINAL PHASE III, COTTAGES,  Norm Mecham and Ray Elliott


Commission Member Bourne questioned the parking.  Mr. Elliott said page 3 shows the parking.  All parking will be paved to the fence.   This will phase will complete the Cottages. 


The call out numbers on the Boundary Description needs to be changed.  There was a question about the storm drainage.  Mr. Mecham said he hasn’t done a storm drainage in Phase I or II.  He said he brought the drainage down to the common area or on the road.  It will be done the same for Phase III.


Council Member House wondered if there are many people from the Cottages that are accessing the beach through the Hodges Beach right of way.  Mr. Mecham said yes, but not too many. One is getting resolved right now that was closed off.


Commission Member Salzetti questioned why there are dumpsters instead of individual black garbage cans.  There was discussion about dumpsters and black garbage cans.   Bobbie Coray said the cans have less spillage.  Mr. Elliott said the dumpsters will be fenced off.


There was a question from Debbie Ames that where Phases I and II needed to be amended, will they also need to amend this phase?  Mr. Mecham said no, they’re making the changes now.


Commission Member Ballingham made the motion to accept the final plat as proposed and move on to Town Council. Commission Member Salzetti seconded the motion.  All in favor and the motion carried.


Mr. Mecham asked the Homeowner’s committee about letting the Salzetti’s and the Wolfley’s occasionally access their road to get to their backyards.  Mr. Mecham is okay with it and has provided gates to help them.  He said it’s basically to get trailers to their homes, etc.



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AMEND PHASE I AND II,  COTTAGES,  Norm Mecham and Ray Elliott


Mr. Elliott said they want to amend Phase I and II of the Cottages for additional parking.  This is the second amendment for Phase I.  The amendment basically re-adjusts lot boundaries to actually put the lots under the homes that are on them.  It does the same thing for Phase II.  It shows lots that will be eliminated.  There will be common space with additional parking as well.  There was a letter from the town attorney with concerns that each lot be surveyed and monumented.  Mr. Mecham said that has all been done.  Before it will be recorded, every owner will sign an agreement with deeds of corrections.  Mr. Mecham said that will all be changed before it can be recorded.  He said the attorney’s concerns were valid.  Mr. Mecham said they have already re-surveyed and shifted the boundaries to make sure there are 5’ setbacks.


Commission Member Smith said developers usually get caught in the crosshairs.  He commends Mr. Mecham and Mr. Elliott for making this nicer.  The Homeowners Association said this is a positive for them.


Council Member House asked about the landscaping.  Mr. Elliott said it’s not completed.


Next they will get signatures on the plat and get it recorded.


Commission Member Huefner made the motion to approve the amendments to the Cottages Phase I and II plat.  Commission Member Ballingham seconded the motion.  All in favor and the motion carried.




Mr. Elliott said they would like to have any suggestions for this subdivision.  He would like to make a slight change of the exit and entrance to the property.  This is for 12 lots south of Hodges Canyon.  There will be 6 lots from ½ to ¾ acres.  The other 6 lots, which are closer to the mountains, are 1 ½ to 2 acres.  The six lower lots will be in the sewer district.  The higher six lots will have septic.


Mr. Elliott suggested moving 3rd West coming down Hodges Canyon to where the canal comes around.  It now follows the canal and he suggested they continue it to the section line which already has a 50’ easement and almost adjoins where the road comes in and follows the canal.  They would give an additional 50’ to make 3rd West 100’ wide.  He’s talked with Rulon Crosby and Mel Larsen.  They have agreed to give up enough to make the road 100’ wide.  He has talked with Dave Stringham about a trunk line for the sewer going down and he thinks it would be good. 


Mr. Elliott said the engineer suggested a 14” line going up Hodges Canyon Road.  There is an 8” line going to Cherimoya.  He thought bringing a 14” line to the intersection to go and across to 300 W. would help for the future.


Mr. Elliott said the easement has been done and is wide enough to put the line in.   The trees are not yet down.  Eventually, people from both sides of the road will use the line


                                                            -Page 6-

from the sewer district. 


Commission Member Smith questioned the access.  Mr. Elliott showed 3 entrances to the lots with culverts under each.  The area is steep and they may have to build higher so they can have a view.  Commission Member Smith was concerned about how steep some of the area is.  Mr. Mecham said it may be good to revisit that.


There was discussion about moving 300 West close to the section line to help with the corner of the road.  Mr. Elliott suggested that when they come back for preliminary, he would like enough voices to give permission for the road change.




Mr. Fisher said the current zone for his PUD land is Recreational Estates.  He would like to change the zone to one that fits a PUD.  It is a 20-acre parcel and there will be about

100 – 120 lots.  The access will come off of Kimball Lane and there will be open space all through this development.


As far as dumpsters, Mr. Fisher will have whatever the town wants him to have.  He doesn’t know if dumpsters would work better or having individual black cans.  He said there will be an association, so someone will be here year-round.  If someone takes their cans out, the person can bring them back in.


Commission Member Ballingham said he has no problem with the conceptual PUD plan.  They will need to meet setbacks and thinks he can only build on 65% of the property.  Council Member House gave a little history of the area to the east of Pickleville Playhouse and west of the Pickleville Store.  He said the property owner got in trouble with the state because they filled in the wetlands.  Mr. Fisher said he’s already had a geo tech punch holes.  They know what they’re up against.  Commission Member Smith said he would like the Planning & Zoning to get a copy of that report.


Commission Member Smith said the Planning & Zoning is trying to get an ordinance about affordable housing.  We are looking into helping developers find ways to facilitate affordable housing within their developments.  At some point, we are looking into requiring developers to put in some affordable housing in their development. Mr. Fisher is putting in patio lots, which may be less expensive.  Mr. Fisher said in the other phase there is a section for condo’s that will be more affordable.  The lots by the canal are also smaller and more affordable.  Commission Member Smith said that’s what we would like to see. 


Commission Member Ballingham doesn’t think newly married couples are the ones we’re looking for.  We’re looking for homes for police officers, etc.  Mr. Fisher said they could also live there.  This subdivision won’t be for slums.  They will be protecting the development.  Commission Member Smith said affordable housing doesn’t have to mean cheaply done.




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Mr. Fisher said there will be CC&R’s for both projects to control the areas.


Mr. Fisher said in the PUD, they would maintain control.  As far as water, they’re looking at doing an entirely different sprinkling system to take care of the lawn.  It would cut using the water in half.  It’s called Netafin.  He’s concerned about the environment as well.


Mr. Fisher showed pictures of a lighthouse he would like to add to his subdivision.   He said it would be a landmark for the town.  The light will be facing upwards.  He’s hoping to put in a 100’ tall lighthouse, which he will be going through a variance for.


There was discussion about which zone Mr. Fisher could use for his PUD.  Commission Member Ballingham preferred a Recreational Residential zone.  This PUD will be primarily for summer home people.  He feels that zone would fit the best.


Commission Member Salzetti is concerned with the traffic on Kimball Lane.  Commission Member Smith said all roads are getting impacted.  A PUD is required to have two entrances.


Mr. Fisher said he has talked with Ken Tuttle and he and the town has given guidelines for water for recreational property.  They guessed 20% would be for year round usage.  He knows the water rates are based on year-round usage.  Council Member House suggested using bulk meters.  They said they would talk with the Mayor about water issues.


Bobbie Coray said she’s concerned about the amount of traffic on Kimball Lane.  She doesn’t think it’s wide enough.  Council Member House said it’s a unique road.  There was an individual who paid for it.  It’s pretty narrow.  Mr. Fisher said 3rd West would help alleviate traffic.


Mr. Fisher asked if the Planning & Zoning would be willing to put 3rd West down either side of the section line.  They thought that would be fine.  Commission Member Smith said he was involved with 3rd West and he had to buy tons of property and donate to the town.


Commission Member Ballingham made the motion to change the designation of the identified property from Recreational Estates to Recreational Residential.  Commission Member Huefner seconded the motion.  All in favor and the motion carried.




Because of above conversation, the Planning & Zoning Commission said Mr. Fisher will just need to follow the PUD ordinance.  Dave Stringham said Mr. Fisher could put the sewer line along the outside of the project.


Council Member House said the concept looks good.  He said to include the 3rd West proposal on his plans.  Commission Member Huefner said she likes the open space


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behind the PUD.  The Homeowner’s Association will maintain the CC&R’s. 


Commission Member Bourne said Mr. Fisher will need to get with Rocky Mountain Power as well as the sewer department.  The power company has items to be moved, but it’s busy now and he should start planning now to get it done in the future.


Commission Member Ballingham made the motion to accept the conceptual plan as proposed in anticipation to see preliminary plat that will be in accordance with open space and lot perspective with current regulation with PUD ordinance.  Commission Member Salzetti seconded the motion.  All in favor and the motion carried.




Mr. Fisher said he didn’t know anything about 3rd West coming in until this week.  Commission Member Smith read a letter from the town engineer about 3rd West and water.


Mr. Fisher said there is enough water pressure up to the canal.  After that, they will need to put in a tank.


Commission Member Smith said he appreciated Mr. Fisher showing the master plan.


Commission Member Smith read a letter from an adjacent property owner, Ellouise Sims, with concerns of water from the Hodges Canal being routed to her.  She wants the water line to be protected.  Council Member House said there is a 30’ easement from the center of the canal.  Mr. Fisher said he is aware of that.


Commission Member Smith said in every phase of the subdivision there should be open space with 10% of it usable.  Mr. Fisher said there will be a clubhouse with amenities and some grassy areas.  Commission Member Smith said there needs to be 10% in every phase.  It looks like it’s been planned in the upper areas, but not the lower.


Commission Member Bourne said there is no open space in the first phase.  There is only one entrance onto Kimball Lane.  He feels Mr. Fisher should have two entrances.  He could gravel one entrance like they made Norm Mecham.  Mr. Fisher said for one entrance in the first phase, it would adequate.  Commission Member Bourne disagreed.


Council Member House suggested including more of the subdivision for the first phase, which would include another road.  Mr. Fisher felt he could do that.  The construction will enter from the lower road anyway.  That way the lower road isn’t being ripped up.  Commission Member Bourne said there does need to be two entrances, but they both don’t need to be asphalted.  Mr. Fisher didn’t think there would be a problem doing that.


Council Member House suggested reserving some of the lower lots for open space.  There are amenities there and in the past they have been required to complete them before they can move to the next phase.  Commission Member Bourne said if you’re going to sell the lots with the amenities, they need to be done first.


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Cul de sac’s need to have a 60’ radius.


Council Member House said the traffic needs to be addressed.  It’s never been up to the developer to fix the streets on Kimball Lane and by the commercial corner on Kimball Lane and the highway.  But it would be in the best interest to address it.  Commission Member Bourne said UDOT will need to be involved.  They may require a turning lane.


Canal users need to have their rights protected.


Commission Member Ballingham made the motion to accept the preliminary plan as platted with the following reasons; 1) the canal users come to an agreement and we have some type of written evidence of this agreement that their rights be protected, 2) the appropriate amount of open space is contained in the by-laws to be recorded, 3) that there be an egress/ingress demonstrated on the preliminary plat.  The Amenities be identified as open space or specifically as will be required to be completed prior to ability to move on to phase II.  Commission Member Huefner seconded the motion.  All in favor and the motion carried.


Commission Member Bourne said the main feeder for power comes from Laketown and near the corner of the subdivision.  Mr. Fisher said he would like to start in spring 2007. 




Council Member House explained the right of way deeded by the town that would make Lochwood landlocked.   So the town has recorded a quick claim deed that gives them an easement. 




A flag lot is a lot that is an island and needs a driveway to get to.


Commission Member Ballingham said he has looked up some information from comparable communities to see what they allow for flag lots and what their regulations are; North Ogden does allow flag lots and it is growing rapidly.  They identify that in order to have a flag lot, the right of passage has to be 30’ wide and no longer than 220’ long.  It’s only allowed for a one-home residential lot.  No information on flag lot for commercial areas.


Commission Member Smith asked how parking would be provided on a commercial lot.  They thought there should be parking behind.


Commission Member Ballingham said Pleasantview doesn’t allow for flag lots.  St. George does allow for flag lots.  They have to be a minimum of 25’ wide.  No building or construction can be allowed on the staff portion of lot.  Staff portion of a lot doesn’t count as part of the total acreage.  The setbacks have to be met.  Two lots can be served by one driveway.


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In Layton, the minimum width for the staff of a flag lot is 30’.  The length can be up to 170’.  There can be no more than two flag lots that can be contiguous to each other.  No more than 2 lots can share the staff portion. 


There was no minimum size for flag lots.


Commission Member Ballingham said the lots will still need to meet the setbacks. That will limit the size of the lot to be divided.  He thinks setting minimum requirements for lot size would be good.  He’s now opposed to flag lots, but is concerned with the lack of access.  He doesn’t want to cram too many homes in too small of a space.  He said maybe we can set our own requirements that limit the ability of individuals to put flag lots in areas that are overly dense.


Council Member House suggested writing up an ordinance and sending it to the town council.


Commission Member Smith suggested Commission Member Ballingham to write the ordinance.  Commission Member Ballingham said he wouldn’t mind getting a draft of the ordinance ready.  It may take more than a month or two.




Commission Member Smith said Chairman Seamons would like to have us meet on the 3rd Wednesday to discuss this.  We all have homework to do on for the General Plan.




Commission Member Huefner passed out the approval forms.  They are now on letterhead. 


She said the Zoning Change Form had no changes.  The Subdivision Preliminary and Final Plat Requirement Form will need to have the clerk add the checklist to it. 


Commission Member Ballingham suggested putting the preliminary and final as separate forms so it won’t be so bulky with the checklists included.


Council Member House feels it would be nice to get away from the Special Provisions of Subdivisions of not more than 4 lots ordinance.  He suggested the Planning & Zoning recommend that to the town council. 


The PUD approval form will also need to have the PUD checklist added.


Commission Member Ballingham said these forms look fantastic.  He would like to see at the bottom; The Planning & Zoning finds “the PUD complies with the following requirements except…” If they don’t comply, we won’t be signing it.  Commission Member Huefner said if they didn’t get something checked off, we wouldn’t be signing off on it anyway.  There could also be a spot for denial.


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Sign Approval forms; it was stated that the Building Inspector takes care of the sign approvals, other than the monument sign approval.  There will be a Preliminary Sign Approval form and Final Sign Approval form for Monument Signs.


Commission Member Ballingham made the motion to approve the above-mentioned changes.  Commission Member Bourne seconded the motion.  All in favor and the motion carried.




Commission Member Ballingham made the motion to adjourn the meeting at 10:16 p.m.


APPROVED:                                                   ATTEST:




__________________________________     _________________________________

Frank Smith, Vice Chairman                             Assistant Clerk































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