Meeting Minutes February 2004





The Garden City Planning & Zoning Commission held their regular scheduled meeting on Wednesday, February 4, 2004, at 7:00 p.m. at the Garden City Office Building located at 145 W. Logan Rd.  Commission Chairman House opened the meeting at 7:00 p.m.


Commission Members Present:


Darin Pugmire

Brian House

Lana Hodges

Daniel Moldenhauer

Lisa Hunt

Mel Maynes


Others Present:


Sharlene Millard                                      Pat Argyle

Randy Erickson                                       Cathy Anderson

Margaret Satterthwaite                            Steve Purdy

Brian Hirschi                                           Glenn Biddulph

Mike Leonhardt                                      Sharlotte Wride

Norm Mecham





Commission Member Moldenhauer made the motion to table the Chairman selection until there is a full quorum.




Mr. Hirschi explained that he is applying for  a Conditional Use Permit  for his business at Ideal Beach Resort.  He=s been to the Town Council for a Business License and  was referred to come to the Planning & Zoning for a Conditional Use Permit.  He explained that his business is  the same type of watercraft rental business which Ken Hansen did  the last 6 years at Ideal Beach, and Jim Lundahl before.   His equipment will be stored at the old marina.   The resort owns the property and buildings.   He has sent a letter from Ted Stocker of Ideal Beach with permission to do this.  He will be  leasing this  for 3 years. 



Mr. Hirschi will also have a business at Spinnaker Point. He will have the camping area at the Spinnaker RV park, which will be called the Ideal Beach RV Park.  The patio of the building may be rented out for reunions.  Gas will be run on the beach for boats.  Building Inspector Randy Erickson said Mr. Hirschi will have to go to the County for a Conditional Use Permit for the Spinnaker property.


Commission Member Hodges made the motion to approve the Conditional Use Permit for watercraft rental concessions at Ideal Beach Marina.  Commission Member Pugmire asked if the Conditional Use Permit is ongoing until he=s out of business.  The Commission said yes.  Commission Member Pugmire seconded the motion.  All in favor and the motion carried.




Commission Member Pugmire asked about the application fee of  $1000.00 which the clerks charged Mr. Mecham.   The Planning & Zoning thought the fee was steep.


Mr. Mecham explained that this application is for  the new hotel.  He=s torn down all the cabins on the beach.  The other Hotel buildings will be applied for later. This will change the Lodge at Blue Water to a Condominium Association.   The owners of the Condo=s will only own their individual units.  The owner has the option to rent their rooms out.  It is not a timeshare.  The Plat and CC&R=s are the only things that will need to be recorded.  Mr. Mecham said the engineer will still have to sign off on this.


Commission Member Maynes suggested holding the $1,000 application fee until everything is done and finalized.  Just to make sure it happens.   This type of project  won=t have the problems that a subdivision would have, so they=re not too worried about it.


Commission Chairman House said we should hold the $1,000 and if the Town Engineer or Town Attorney have any fees related to this project, we will use it towards that.  Mr. Mecham agreed with that.


Mr. Mecham said he will not permit satellite TV=s in the Condo=s.  He already supplies cable and doesn=t want a lot of satellite dishes around the Condo=s.  That change will be in the CC&R=s.  He said when someone buys a Condo, they also get access to the beach, swimming pool, etc. 


Commission Member Maynes made the motion to accept to sell the units as Condos at 2126 S. Bear Lake Blvd. with the following stipulations: The $1,000 application fee  will be held to pay for any expenses that might occur through plan review.  Any balance should be refunded upon issuance of the Occupancy Permit from the Building Inspector.  Commission Member Moldenhauer seconded the motion.  All in favor and the motion carried.


Mr. Mecham said the spa should be done in about a week.  The Planning & Zoning commended Mr. Mecham on the rock work on the pedestals of the fence.



Pat Argyle of Recreation Realty was here with Cathy Anderson to help explain what she wants to do.  She showed the old map of Spinnaker Point and a new map.  She said they would like to ask if the old utility access lines be dissolved.  There is no reason to have the lines there.  The utilities are elsewhere.  Mr. Babilis  just bought Condo #3 and wants to put a new garage on the side of the Condo.  They would like to do a boundary resolution and have everything signed off.  Commission Member Hodges clarified that the Condo=s were existing, then subdivided for houses.  There was a previous debate over the common area. 


Mrs. Argyle said all the setbacks will be met with the changes. Building Inspector Randy Erickson said there should be 30 feet on the front and back of the building for setbacks and 10' on the sides. Mrs. Argyle said there will be.


Mrs. Anderson will be deeding a portion of her property to the south of the Condo=s for Mr. Babilis to put in a garage.  She would move her property line 10 feet.  She feels she=s given him enough of her land and doesn=t want to give more.  There is a utility easement on her property line, but no utilities are in that area.  They would like to abandon the utility easement.


Commission Member Maynes said she will need a new plot plan and make sure that Mr. Erickson reviews the setbacks.


Building Inspector Randy Erickson said that Debbie at the Recorder=s Office just needs an amendment to the Plat. 


Commission Member Maynes said that for the Town=s purpose, we need a new plot plan to verify where the setbacks are.  He explained that some subdivisions are such a mess with property lines.  He said with this subdivision, it shouldn=t be hard.  The stakes should already be there.  Then we=d have a corrected plat on file with the city.  He would like it physically verified.  Mrs. Anderson will have to come back next month.  This is just for discussion tonight.  Commission Chairman House said if the setbacks aren=t met, she=ll have to go to the variance board.


The Planning & Zoning Commission said they didn=t think they could get a variance.  It=s not a hardship.  They feel the property will have to be deeded between the two parties.  Commission Member Maynes suggested Mrs. Anderson doing an actual plot plan with a blow up, and Mr. Erickson actually verify the setbacks.  That=s the only issue he has.




Commission Member Pugmire questioned the 28 days to start with a Conditional Use Permit. Commission Chairman House explained that flow charts help people realize why they don=t always get their project done as  fast as they think, or if they=re prepared, it will go through faster.


Commission Member Maynes said most plans have a lot of information about the project on the front page.  He feels it should be a part of the flow chart.  He said that a good design specialist will do that.  It makes the Planning & Zoning=s  job a lot easier.  It has to be done anyway.  It should be explained and required at the pre-meeting.  They should be told they=ll need a survey, rating of building, occupancy, square footage, restrooms, etc.  If they can get it done in 28 days, no problem.  All of that should be done before it can be approved. 


There was discussion about Mr. Goeckeritz wanting his done all in one meeting, but wasn=t prepared.


The Planning & Zoning said the Town Council doesn=t need to approve this flow chart, it=s the Planning & Zoning=s  responsibility.


Commission Member Pugmire feels the pre-meetings are great.  Commission Chairman House said if they listen it helps.  Commission Member Maynes said if we can get all of this laid out before they come, it=s easier for us when they come.


Commission Member Maynes made the motion to accept the flow chart.  Motion died for lack of second.


Mr.  Erickson reviewed the flow chart and said if the project involves the canal company, it would also involve the water and sewer departments.  Commission Member Hodges said if the property is on the canal, it would need the canal=s involvement.  Mr. Erickson also said the Building Inspector is not listed in the 28 days.


Commission Member Maynes made the motion to accept the flow chart of the Conditional Use Permit process with the following stipulations: That in the third box, it should include that it not be required, but  recommended to do a property survey, have an occupancy load by a design specialist, structural plans, utility and civil drawings, square foot requirement, restrooms, water and sewer checkoff from the water and sewer districts, also the canal company if involved.  Add Building Inspector to second box.  Commission Member Hodges seconded the motion.  All in favor and the motion carried.


Commission Member Pugmire said it would be good to explain at the pre-meeting that it may take awhile to get it passed.  Commission Member Maynes said if they=ve got a good design specialist, it will be done. 


Building Inspector Randy Erickson asked if the Planning & Zoning will be approving a project if they have all of the above done.  By that time, they=ve spent a lot of money to get to that point.  Commission Member Hodges said if they don=t have it, it will delay them.  Commission Member Maynes said Mr. Erickson had a good point.  He doesn=t have a problem as long as a design specialist does his part.  He said these are recommendations that could be checked off in the pre-meeting.


Commission Member Maynes said a Conditional Use Permit comes with the building.  Commission Member Hodges said sometimes it=s good just to have someone come and talk to us as a discussion so they understand what is expected.


Council Member Leonhardt said we also need to educate people on what the system is.  Commission Member Maynes said it=s not our intent to stop the little guy.  Commission Member Hodges said if they read and follow the ordinance, we don=t turn them down. 




The Planning & Zoning Commission reviewed Ordinances #1 through #5.  Commission Member Hodges determined that a new legal description needs to be on Chapter 2.  It should include Pickleville and the new annexations.


Commission Member Maynes looked at Ordinance #3-403 and recommended that the Mayor and Council Members need to have a raise.  He said they spend a lot of time helping the Town.  Commission Chairman House said it needs to be added to the ordinance, that the Planning & Zoning and the Variance board should also be paid, since they are currently being paid.  The rate per mile should also be increased.  Commission Member Hodges said the ordinance requires a performance bond for Planning & Zoning members and Town Council members at # 3-401.  She doesn=t think it is currently being done and should be.


There was discussion on #5-305.  Commission Member Maynes talked about the cement companies double invoicing so they don=t have to pay more taxes being above the $2,500.


Commission Chairman House said for the next Planning & Zoning meeting, he would like the members to study and go over #6 - Municipal Improvements through #10 - Transportation, Streets and Public Ways.




Council Member Mike Leonhardt is here filling in for the Mayor.  Mayor Hansen wanted him to  talk about the order of meetings.  He said the Planning & Zoning Commission will have a new member next week, after it is announced in the Town Council meeting.


Council Member Leonhardt passed out a AList of Order of Meetings@.  He read through the list and suggested that when someone comes up and talks to the Chairman, the  Chairman should be sitting in the middle of the group.   Assistant Clerk Sharlene Millard said she likes having the Chairman closer so she can hear the motions, etc., and when they=re talking she can=t see if they=re in the middle of the table.  Commission Member Maynes suggested putting the plans on a screen so everyone can see the plans.  There was discussion about  letting members of the audience only speak for 3 minutes.  He said we need to respect the person in charge.


Commission Member Pugmire thinks this is a good idea.


Council Member Leonhardt said that as a Council, they appreciate the Planning & Zoning Commission and how hard they work.


Commission Chairman House asked Council Member Leonhardt how the grant meeting went.  Council Member Leonhardt said he, Mayor Hansen, and Town Clerk Kathy Hislop went to Salt Lake City.  They met with Lyle Hilliard  first, who introduced them on the Legislative floor, and said the Laketown growers have overreacted on the raspberry project.  They also met with Representative  Lorraine Pace, U.S. Senator Orrin Hatch and U.S. Senator Bob Bennett=s office.    By the time they got back to Garden City, Lorraine Pace had already gotten information on the grant and where it is so far.  This is still a little hope.                                                                                                                                            

Council Member Leonhardt said that after they were introduced on the floor, several people said they had cabins up here,  knew about the raspberries not being here, and were hoping we could get them back.


Council Member Pugmire said he is totally against this.  He doesn=t want it to go through.  He feels there are other ways that it can be run, instead of Acutting the legs off others@.  He=s said the museum will be great, but the way to fund it is not right.


Council Member Leonhardt said there is no specific plan right now on how it will be run.  There are a lot of rumors.


Commission Member Pugmire asked how the Town can consider getting a grant, when they don=t have a specific plan on how it will be run after the 4 years.  Council Member Leonhardt said they don=t have to know that right know.  Commission Member Maynes said if the grant is received, there will be a management committee established to develop ideas on how to do that. 


Council Member Pugmire said he has heard that the Town is #12 on the list for getting the grant.  Council Member Leonhardt said he has also heard that.  He=s also heard that there is nothing else in the state like this and they=re interested.


Commission Member Pugmire said if this grant does go through, he hopes there will be good people to develop how this is to work.   Commission Member Moldenhauer said we don=t want to hurt the local businesses.


Commission Member Maynes said it will take a lot of effort to manage the project if we get the grant, but we are going to pursue it.  He thinks that in 5 years there won=t be any raspberries, other than a few here and there.

Commission Member Pugmire said he feels the Town is growing so much now.  The property owners would rather sell their land for homes than raise raspberries.  He thinks raspberries would do better in Laketown or Idaho, where it=s not growing so much.  He asked why not shoot for something smaller?  Commission Member Maynes said we can=t amend this now.  It=s sealed and closed.  We only had 10 days to come up with this.  We have learned a lot on who to contact, etc.


Council Member Leonhardt said we have received word from the state parks that we can receive $92,000 to purchase the land of Huefner=s for the park.  The money will come through about June 2004.


Council Member Leonhardt said the water meeting went well.  He hopes to have a good report on Town Council night.


Commission Member Hodges asked about the two ordinances ,(Abatement of Garbage and Taking Issues), that were just passed through Town Council.  Council Member Leonhardt said they adopted it, but the nuisance ordinance won=t go into effect until 2005.  That will give a grace period to let people know that it=s there, but it won=t be enforced for a year.  We will have one or two Public Hearings during the summer to let people know about the ordinances.  It has passed, but is not effective until 2005.




The minutes of January 7, 2004 were presented.  Corrections were made.  Commission Member Hodges made the motion to approve the minutes as amended.   Commission Member Hunt seconded it.  All in favor and the motion carried.


The minutes of the Public Hearing of January 7, 2003 were presented.  Commission Member Hodges made the motion to approve the minutes as presented.  Commission Member Moldenhauer  seconded it.  All in favor and the motion carried.


The minutes of December 3, 2003 were presented. Commission Member Pugmire made the motion to table the minutes until the March meeting.




Commission Member Hunt made the motion to adjourn the meeting at 9:15 p.m.  Commission Member Pugmire seconded the motion.  All in favor and the motion carried.


APPROVED:                                                                 ATTEST:



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Chairman                                                                                                Assistant Clerk