Meeting Minutes 2007






The Garden City Planning & Zoning Commission held their regularly scheduled meeting on Wednesday, December 5, 2007 at the Garden City Office Building located at 145 W. Logan Canyon Rd.  Commission Chairman Jennifer Huefner opened the meeting at 7:00 p.m.


Commission Members Present:


           Lance Bourne

           Greg Bills

           Scott Gough

           Pat Argyle

           Frank Smith

           Jennifer Huefner, Chairman


Others Present:


           Sharlene Millard                                         Anita Weston

           Kelly Harmon                                            Paul Webb

           Jim and Barbara Graham                             Bess Huefner

           Carol Bills                                                  Kathy Stringham

           John Alter


Commission Chairman Huefner welcomed everyone to the Planning & Zoning meeting.  She said this is not a Public Hearing, but she will be happy to take comments from the audience and include everyone in the discussion.




The minutes of the meeting of November 7, 2007 were presented.  Commission Member Bourne made the motion to approve the minutes as written.  Commission Member Bills seconded the motion.  All in favor and the motion carried.




Mrs. Graham showed a map of her property east of Buttercup.  It also showed where Paradise Parkway may be coming through.  She said they’re not sure where it will go through.  The map they were using was given to them by the previous owner, who was thinking of subdividing, so the map showed their lot as a subdivision.  The Graham’s said they’re not subdividing. 



Mr. and Mrs. Graham said they are looking into re-zoning their property from residential to commercial.  Commission Member Smith wondered about it creating and island of commercial within residential.  He said commercial is coming in along the highway, but where this property is further from the road, there isn’t as much commercial.


Mrs. Graham said they had a realtor call her and ask if she was interested in changing the zone to commercial.  They might get a seller if they changed the zone.


Commission Chairman Huefner shared the same concerns.  She said it’s all residential in that area, and she is concerned about putting a pocket of commercial into a residential area.  She said when Paradise Parkway comes in, there will be commercial along the highway, but not in that area.  She is concerned about changing the zone in that area to commercial.  She said the south area is in the county and that remains to be seen as to what zone that will be.


Commission Member Smith talked about a PUD being put in that area.  He said a PUD allows you to cluster homes closer and have more open space.  A pocket of commercial might be good.  Commission Member Huefner talked about a home-based business within a residential zone.


Commission Member Gough said if they want to create an island of commercial for no reason, he doesn’t see the point in changing the zone.


Commission Member Smith said if the Graham’s came in with a big plan, the Planning Commission might think differently about changing the zone.


Commission Member Bourne said right now it would be creating an island to change the zone to commercial.  When Paradise Parkway comes through, we could look at it at that time.  Commission Member Bills agreed.


Commission Chairman Huefner said the recommendation to them is that if a buyer wants them re-zone, then the buyer should come in.  But if there isn’t a plan, she would advise them to keep it the existing zone.


Commission Chairman Huefner said we now have the financing to get Paradise Parkway surveyed.  When it’s done, we can tell you exactly where the road will go.  She also said the property owners will be putting in Paradise Parkway.




Mr. Webb said there is a 16-acre parcel between Ed Price and Arlo Price’s homes that he would like to know if there is a possibility of re-zoning from recreational residential to community commercial.  Part of the property will go along Paradise Parkway.  He said the first request is to get their feeling of changing the zone to commercial, which is already the zone on 3 sides of it.  He is representing a buyer for the property.


Commission Chairman Huefner said Commission Member Ballingham, who couldn’t be here tonight, wondered what type of business would be there.  He wondered if they would be willing to leave a portion the rear of the property commercial and a portion of the front residential.  Commission Chairman Huefner said she understands why he would want to do that.   It makes more sense to her to have it all commercial.  The only access now is off of 100 West. 


Commission Member Gough asked what the commercial plans are.  Mr. Webb said the prospective buyer wants to take the east portion and put in storage units.


Commission Member Bills said he’s for this because it’s not creating an island.  There is commercial on three sides of this. 


Commission Member Bourne asked if anyone has talked with the Price’s?  Kathy Stringham asked how would you like storage units across from your house?  There are residences all around there.  There is a ton of commercial property in town.  She suggested leaving commercial along Paradise Parkway, but leaving a buffer of residential along 100 W.


Mr. Webb said the sheds would be behind the property, almost to 200 West.  Anita Weston said we’ve got a very small section that is original.  We’re losing so much of what made Garden City.  We’re losing anything historical.  Not everyone wants to live up on the mountain.  We have no historic district.  We’re losing it all.


Kathy Stringham said there is a bike trail and small kids on that road.  The buyer will be facing some strong willed opposition.


Mr. Webb said the town has gone to the trouble to zone the whole basin with mostly commercial.  There is a small area that is an island of residential.  He doesn’t see why it couldn’t be re-zoned.


It was stated that maybe there could be a buffer where the red shed is.  A home could go there to prevent looking at the storage sheds.


Mr. Webb said the buyer will also want to do a lot line adjustment to change an internal line.  Commission Chairman Huefner said the new ordinance will have provisions for that.


Commission Member Smith said there are two residences on each side of the property.  That also sets precedence.  If the other two houses weren’t there, it would be a different argument.  If we change the zone, we should have them put a fence between the properties. 


Commission Chairman Huefner said we need to consider at least mitigating the effect this would have on the neighboring property.  We need to talk to the neighbors.  She would recommend that there be some discussion with the owner and the neighbors and come up with an impact upon those neighbors.


Kathy Stringham said there will be an increase in traffic.  There’s a reason the bike trail was put there.  Mr. Webb said she’s saying that we want to invite commercial use, other than this area.  Commission Member Argyle said they told the last people that if they came with a plan, it could be re-zoned.  Now someone is coming in with a plan, and it can’t be done?  Commission Member Gough wondered how we are basing our decisions.


Commission Member Argyle said now that someone knows what is going in, and everyone hates storage sheds – it’s a problem.  It’s fairly clear.  If they wanted to just change the zone, it would have been no problem, because there’s commercial all around this lot.


Anita Weston asked why not make the 3 blocks north all into residential.


Mr. Webb said the buyer could do what they want within a Conditional Use Permit to minimize the impact to the residents.  The access will be off of 1st West.  Maybe in the future, it could be off of Paradise Parkway.


Commission Member Gough said it will still need to be appealing to 1st West.


Commission Chairman Huefner said when he comes in for a Conditional Use Permit, that’s when we will put on the conditions. 


Bobbi Clark said she took Anita Weston through Park City.  It’s very dense, but very charming.  She wondered if we are making a mistake by allowing so many storage sheds.  She wondered if we could stipulate what would go in different zones.  She thinks more money could be made by subdividing than putting storage sheds on the property.


Commission Member Smith said we need to be careful of the placement of the sheds.  Commission Member Argyle said if it becomes commercial, it’s still with a Conditional Use Permit.  We can’t judge what’s on there.  We are just here to make our decisions through the ordinances.


It was stated that the mitigation of the zone being Recreational Residential in the front could be with a Conditional Use Permit.


Commission Member Bills said his feelings have changed.  It makes very good sense that we shut down the earlier re-zone, but now he’s wondering if we’re making too many areas commercial.  His vote would be to leave it Recreational Residential. 


Commission Member Bourne said if we could entertain having the sheds on the 200 West side and having access from 100 West, then close it off when Paradise Parkway comes through,  there would be a buffer of residential.  He would like to see a fence between the residential and commercial properties.




Commission Member Gough said we need to decide which zones can have what type of business in them.  Kathy Stringham said that’s why we have you guys on the boards.


Mr. Webb asked if the lot could be divided to put a house on it.  They agreed that it may work. 


BIG BEAR CONDO’S,  Kelly Harmon


Mr. Harmon said he is representing the property owners.  They already own this property and would like to get feedback about putting the old Moose Canyon RV Park into a 64-unit townhome development on the 7.64 acres.  He’s using 23% of the property which he said the ordinance states.  Commission Chairman Huefner said that’s something we’re debating right now with the moratorium.  So we can’t give him any guidance until that’s finalized.   The ordinances may change from what they are now.  We’ll know when the subdivision ordinance comes out.


Mr. Harmon said he’s just trying to get a feeling for the development.  It would be for Recreational Residential property.  He’s interested in the onsite professional management.  They would also be interested in the short-term rental portion of the new ordinance.


Commission Member Smith said we have required two entrances in the past.  He wondered why the plan only showed one access.  Mr. Harmon said that was required in the earlier ordinance.  He’s just wondering if it will be required with the new ordinance.

There is an easement that goes to the house and it would be tied into it.  They own the right of way.  Snuggle Bunny has the right to use it.


Commission Member Gough said one issue is parking.  The rentals will need a ton of parking.  Mr. Harmon said they have 204 parking stalls that are 9’ wide and the driveways are 18’ wide with a garage.


Commission Member Gough said most people bring boats, RV’s, 30’ trailers, etc.  He doesn’t see where they would be parked on the plan.  Mr. Harmon said he’ll have to include that.


Commission Chairman Huefner said people bring a lot of things up here when they come.  She would recommend providing a large parking lot, with one over-sized parking stall for each unit.  Mr. Harmon said they designed these townhomes with 28’ deep garages to store some of the toys.  Commission Member Bourne said there are people with boats that have towers that won’t fit in garages.  Commission Member Gough said it’s worse if they have rentals.


Commission Chairman Huefner said Bear Lake is a family gathering spot.  Everyone brings up boats, etc.  Parking is a huge problem here and we are addressing that in our new ordinances. 



Commission Member Smith said the easement going to the house would need to be widened to the ordinance standards if they used it as an access.  Mr. Harmon said there is no way to plan for drainage.  That’s why he’s moved things back


Commission Member Bourne said parking issues will be addressed in the new ordinance.  Also some of the small streets will create turn-around problems.  He wondered about putting small cul de sac’s there.


Mr. Harmon said he had anticipated no on-street parking for fire reasons.  Commission Member Smith said there may be only 6 weekends a year, but those 6 weeks are crazy.


Commission Chairman Huefner told Mr. Harmon to look for the ordinances to be finished.  But the issues of parking and ingress/egress will definitely need to be addressed.


Mr. Harmon said the overall height of the building is 28’.




Commission Chairman Huefner said this ordinance has been discussed a lot lately.  She asked for any feedback regarding the current version.  Commission Member Gough said under violations, it would be good to put per violation after each paragraph.


Commission Member Bourne asked if we should be having them show proof of rental insurance?  The insurance will be different than a motel.


Council Member Bess Huefner said the property management may also have an umbrella of insurance for all of their homes.  Commission Chairman Huefner said she will pass that on to the Town Council.


Commission Member Smith wondered about requiring the $100/year.  He doesn’t feel it’s too steep.  It’s important to keep in contact with the owners even once a year.  The tracking for problems is through the sheriff’s department. 


Council Member Bess Huefner said the inspection would he held yearly so people can’t change the use.


Commission Member Bourne likes the idea of a sticker in the window showing occupancy and parking so when a sheriff comes he’ll know what is supposed to be there.


Commission Member Gough questioned the condo’s, their parking spaces and the new ordinance.  Commission Member Smith said some things should be grandfathered in.  Commission Chairman Huefner said just because some places have been rented out with 20 rooms, doesn’t mean they should still be allowed to.


Most of the Planning Commission feels that 2 parking spaces per sleeping area is too steep.  Commission Member Argyle asked if it was going to be okay for people to park in the new area by the church as an overflow parking area.  Council Member Bess Huefner said it should be okay.  She didn’t know about overnight parking.  That hasn’t been addressed yet.




Commission Chairman Huefner said we should review what our responsibilities are for re-zone situations.  She wanted to review a section in the land use book.  She said we’ve been given some time to think about the zone changes.  So we need to brush up on what our responsibilities are and then we’ll have a better knowledge of how to base our decision.


They read from pages 64 to 68 of the book.


Commission Chairman Huefner explained that during a Public Hearing, the public is invited to come and talk during the meeting.  A Public Meeting is where the public is invited to listen to the Planning Commission and she, as the chairman, has the option to invite the audience to talk and discuss items on the agenda.


On a re-zone, you need to look at the influence it would have on the property around the re-zone area and base your opinion on that.  If the zone isn’t compatible, the approval can be denied.


Commission Member Argyle said this earlier re-zone is surrounded by commercial property.  Would you want to be the person whose property is surrounded by commercial?  You don’t know what commercial business is going in.  It’s not fair to not change it to commercial, but it will be surrounded by it.  She knows of people who want to put in auto/boat repair stations in that area.


Commission Member Gough said that whole block is commercial but three homes.  We should be able to list what can go into the different zones.  If you’re going to reserve that one little spot for residential, you need to look at the whole area and see what you’re going to do with the whole area.  Some may be heavy commercial, some apartments, etc.


There are a lot of roads in the area, but there’s one area that’s called the city center.  So are we saying the only area for commercial is the city center?  Everything past that is not commercial?  If it is, where are we going to put different commercial businesses?  We need to look at the density and not just make everything commercial.


We need to talk about the zones; where we want the zones and what we want in the zones.  Commission Member Bourne said we have a few different residential zones, what about doing that with the commercial zone.


Bobbi Coray suggested putting residential within the commercial zone to help with crime.


Commission Member Gough wondered about designating a specified amount of a commercial development into parking.  We are requesting developers to come up with affordable housing, what about asking commercial businesses to put up a certain amount of parking?


Commission Chairman Huefner said we have required a certain amount of parking in the past, but it hasn’t been enforced.  Their impact has to be directly correlated with what we’re asking them to do.  We need to be careful about what is considered “taking” their land for parking. 


Bobbi Coray said we should get our sexually oriented business ordinance planned in a zone.  We should also be looking into a school zone.  Those should be a high priority.


This will be on the agenda next month.  Everyone come with their ideas.


Commission Member Bourne suggested breaking up our zones into categories.

Commission Member Gough said there could be light and heavy commercial.  Commission Chairman Huefner said we also need to look at new proposed roads. 


Commission Member Gough said we need to require subdivisions to put in wider roads so they’re not so impacted by the subdivisions connecting to them.  Commission Chairman Huefner said they could have the easement, but the road doesn’t need to be that wide until the subdivision comes in.  She thinks it would be good to have a 5, 10, 20 year plan.


Commission Chairman Huefner asked Council Member Bess Huefner to look into it as the Transportation Board and have it ready for the February meeting.




Commission Member Gough made the motion to close the meeting at 9:30 p.m.  Commission Member Smith seconded the motion.  All in favor and the motion carried.


APPROVED:                                                        ATTEST:




____________________________________         _______________________________

Jennifer Huefner, Chairman                                   Assistant Clerk