Meeting Minutes 2008


MINUTES OF THE

PUBLIC HEARING OF THE

PLANNING & ZONING COMMISSION OF

GARDEN CITY, UTAH

 

 

The Garden City Planning & Zoning Commission held a Public Hearing on Wednesday, January 2, 2008 at the Garden City Office Building located at 145 W. Logan Rd.  Commission Chairman Huefner opened the Public Hearing at 6:30 p.m.

 

Commission Members Present:

 

            Jennifer Huefner, Chairman

            Frank Smith

            DJ Ballingham

            Greg Bills

            Pat Argyle

            Lance Bourne

            Scott Gough

 

Others Present:

 

            Sharlene Millard                                             Carol Bills

            Anita Weston                                                   Bess Huefner

            Bobbie Coray                                                  Kent Fisher

            Darren Lutz

            Darin Pugmire

           

Chairman Huefner said the purpose of this Public Hearing is to get public comment about the items on the agenda.

 

BEAR’S DEN 

 

No comments from the audience.

 

BEAR LAKE LANDSCAPE

 

Jennifer Huefner said they will add a greenhouse and expand their Bear Lake Landscape business.  They won’t be growing plants there.  A semi-truck and smaller truck will bring in their plants.  They plan to have the semi’s use 300 W. She doesn’t know how it will work on 100 W.

 

 

 

 

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RAIN DANCE @SHUNDAHAI

 

Darren Lutz showed a map of the plans for Rain Dance at Shundahai.  Phase I will include 9 condo buildings.

 

ADJOURNMENT

 

Commission Chairman Huefner closed the Public Hearing at 6:40 p.m.

 

 

 

 

 

 

APPROVED:                                                  ATTEST:

 

 

 

_________________________________     ________________________________

Jennifer Huefner, Chairman                             Assistant Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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MINUTES OF THE

MEETING OF THE

PLANNING & ZONING COMMISSION OF

GARDEN CITY, UTAH

 

The Planning & Zoning Commission held their regularly scheduled meeting on Wednesday, January 2, 2008 at the Garden City Office Building located at 145 W. Logan Canyon Rd.  Commission Chairman Huefner opened the meeting at 7:00 p.m.

 

Commission Members Present:

 

            Jennifer Huefner, Chairman

            Frank Smith

            DJ Ballingham

            Greg Bills

            Pat Argyle

            Lance Bourne

            Scott Gough

 

Others Present:

 

            Sharlene Millard                                             Carol Bills

            Anita Weston                                                   Bess Huefner

            Bobbie Coray                                                  Kent Fisher

            Darren Lutz                                                     Marty Phipps

            Darin Pugmire                                                 Dave Stringham

            Angie McPhie                                                 Kim Nilson                             

            Bryce Huefner                                                 Lance Andersen          

            Nate Parry

 

MINUTES

 

The minutes of the regular meeting of December 5, 2007 were presented.  Commission Member Gough made the motion to accept the minutes as written.  Commission Member Bills seconded the motion.  All in favor and the motion carried.

 

REVISION OF BEAR HOLLOW APARTMENTS,  Tony Johnson

 

No one was here to discuss this project.

 

CONDITIONAL USE PERMIT FOR THE BEAR’S DEN,  Marty Phipps

 

Mr. Phipps said they would like to put in an ice cream cabinet to sell ice cream at their

 

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strip mall.  If they get approved, they will have to put in a sink.  It will be a 16-flavor

shop.  They will put rock in the front and siding to match the rest of the corner.  Commission Member Smith said the building looks good.

 

The ice cream shop will be on the west side.  The other store will have souvenirs and furniture.  Commission Member Ballingham said to make sure they’re up to speed with food handler’s permits and all regulations required from the health dept.

 

Commission Member Ballingham made the motion to approve the Conditional Use Permit for the Bear’s Den so they can begin offering ice cream as one of their services.  Commission Member Argyle seconded the motion.  All in favor and the motion carried.

 

REVIEW OF LIGHTHOUSE AT LIGHTHOUSE POINTE, Kent Fisher

 

Commission Member Gough asked if there will be any power or water to the lighthouse.  Mr. Fisher said there will be power, but no water.  The lighthouse will be the icon of the subdivision.  Commission Member Ballingham asked if this is more of a monument?  Mr. Fisher said yes, there will be very little use of this building.  There will be a staircase to the top.  It won’t be open to the public.  There will be a handrail and a light.  The light will only be a light bulb, not a beacon.

 

Commission Member Ballingham asked about the access to the lighthouse.  Mr. Fisher said you will need to have a key to open the door.  The lighthouse will be on the edge of their commercial area.  He may let people walk through if they want to go up.  It may become a gift shop at the bottom.  Commission Member Smith said if we let people up there, we will need to look at the liability issues, etc.  Commission Chairman Huefner said all he’s asking for tonight is review of Architectural Standards.

 

Mr. Fisher understands if they open up the lighthouse for public use, they will need extra permits.

 

Commission Member Bourne asked if they are bringing in fill to raise the ground level?  Mr. Fisher said they are building it up with rock to be level with the rest of the ground.  If you’re looking from the road it’s pretty ominous.  There is a canal pipe underground that they need to build above.  The ground slopes in the front and they had to bring it up to put in footings.  It is being built up with rock.  From the street it looks like 7-8’ higher.  If it’s near the existing land, it’s not very high.

 

Commission Member Ballingham made the motion to accept the Architectural Standards of this project and allow him to move forward.  Commission Member Bills seconded the motion.  All in favor and the motion carried.

 

 

 

 

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CONDITIONAL USE PERMIT FOR BEAR LAKE LANDSCAPE,  Bryce & Jennifer Huefner

 

Commission Chairman Huefner excused herself for conflict of interest and let Vice Chairman Smith take over. 

 

Jennifer Huefner said they are moving their business to a new location and expanding. Commission Member Ballingham earlier stated that large trucks are not allowed on 100 W.  Ms. Huefner said they will do a traffic study and present it to the state for permission to use the access near Paradise Parkway.  They hope that Paradise Parkway will be completed by the time their business is ready.  Their plan is to temporarily use an access from 100 W.,  but it wouldn’t be for heavy truck traffic.

 

Commission Member Ballingham said he likes the project and thinks it’s great, other than using heavy traffic on 100 W.  He doesn’t know how they will get semi’s in and out if they used 100 W.    For construction purposes, using 100 W. makes a lot of sense.

 

Commission Member Gough asked if there is a buffer or shrubbery on 100 W.  We talked about that for the storage units.  Ms. Huefner said no, it’s just a big open field and they will be at the west end. 

 

Commission Member Ballingham asked what they’re doing with the eastern portion of the lot.  Bryce Huefner said they will eventually subdivide it into two other sections.

 

They will meet the Architectural Standards.  It was shown on their drawing what they want to do.

 

Commission Member Ballingham made the motion to approve the Conditional Use Permit for the construction of this building with the understanding that semi access will have to come off of Paradise Parkway.  Commission Member Gough seconded the motion.  All in favor and the motion carried.

 

REVIEW OF SHUNDAHAI SALES OFFICE,  Kim Nilson

 

Commission Member Smith said he understood that this sales office won’t be operational until the water tank is done.  Mr. Nilson agreed.  It won’t be in operation until they can get water to it.  Commission Member Smith said it’s interesting that they can build this now.  It hasn’t been done before.  He does think that it sets a precedence that’s interesting.  If a developer can build amenities within their subdivison, and they won’t be used until the entire infrastructure is in, it would allow them to get a jump-start on things.

 

Commission Member Ballingham likes the idea.  It’s good to get started.  It makes their property more sale-able.  It also provides that extra push and gets the ball in their court to get their lots sold. 

 

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Mr. Nilson said the total structure is about 5500 sq. ft.  At the end, it will probably be given or sold back to the subdivision for offices or property management.  It was earlier discussed that the structure may be used as a residence, but that didn’t make sense.  It will stay a part of the subdivision infrastructure.

 

Commission Member Gough wondered about the legality of being able to construct something without having any water or power to it.  Commission Chairman Huefner explained that they were given permission to build by the Town Council.  It was agreed that because it is a part of the infrastructure of the project and it wasn’t involving a 3rd party.  A town policy was set forth to protect homeowners from having a home built and not having utilities, but where this isn’t a home being built by a third party, it’s different.   Commission Member Gough said the town didn’t let his clubhouse be built until there was power and water.  He just wondered how that worked.

 

Commission Chairman Huefner said we’re looking at changing that policy.  Where this is a part of the infrastructure, it should be allowed in certain cases.  Commission Member Smith said it’s also on the developer’s neck to get the utilities in, not the homeowner’s.

 

Commission Member Bourne wondered if we should pass this with conditions that it won’t be open to the public until they have their water and power.  They have to have their occupancy permit first.  Mr. Nilson said Norm Mecham was going to write a letter stating that they understand there will be no certificate of occupancy issued until the utilities are done.  This has no third party interest other than the developer. No one but the developer can get hurt.

 

Commission Member Ballingham made the motion that we accept the application for the sales office at Shundahai and approve it to go on to the Town Council with the following conditions:  1) it will not be open to the public until the utilities are fully in place and in operation and 2) that the certificate of occupancy permit won’t be offered until that time.  Commission Member Argyle seconded the motion.  All in favor and the motion carried.

 

APPROVAL OF RAIN DANCE @ SHUNDAHAI, Norman Mecham

 

Darren Lutz is here representing Mr. Mecham.  He showed a map of the 9-unit condo buildings.  Frehner Construction has already built the road.  It’s called Eutaw Road.  The grade on Eutaw Road will be 4%.   The ingress/egress will be the same as Eagle Feather.

The utilities are in. They’re just waiting for construction of the water tank in the spring.

 

Commission Member Gough asked how high the buildings are.  Mr. Lutz wasn’t sure.  Commission Member Gough asked if there is enough parking.  Mr. Lutz said every condo will have a double car garage with additional parking in front of the buildings.  He’s not sure of how many bedrooms will be in each unit.  Commission Member Argyle said she understands there is overflow parking.  Mr. Lutz said there is.

 

 

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The roads are 28’ of pavement.  The right of way is 60’.  Commission Member Ballingham talked about overflow parking.  He said people bring families and toys.  We would like to see a more finished plan showing where the overflow parking will be, so people can park their vehicles as well as their toys.   Mr. Lutz said they have plenty of overflow parking in their plan.  In Eagle Feather, there’s a large parking lot that was built for snowmobile trailers.  They plan on having one also in this area.   The final will show that.

Mr. Lutz showed the master plan of this area and the style of the condo’s. 

 

Commission Member Ballingham made the motion to accept the preliminary plan presented by Darren Lutz.   We don’t have any stipulations.  At this point of time we’re just waiting for more finished plans to come in.  Commission Member Bills seconded the motion.  All in favor and the motion carried.

 

REVIEW OF ORDINANCES

 

Short Term Rental

Nate Parry asked the Commission why they didn’t ask the Bear’s Den about their parking.  Nothing was required.  Commission Chairman Huefner said they weren’t really adding another business, it’s just an aspect of the same business, so she didn’t really think about requiring that.  The Commissioners agreed that they didn’t think about requiring it. 

 

Commission Member Ballingham wondered about the first sentence in C and the last sentence, they contradict each other.  He also thought we were going to increase the fee of $1000 and made the penalty to $2500- or the maximum of a misdemeanor.

 

Commission Member Ballingham said the property management places should be the ones to enforce the ordinance.  They need to make sure things are legal.  If someone is going beneath the property management, that directly affects their business.

 

Commission Member Gough said the neighbors will be the ones to complain.  The Town Council will go through the procedure of fining them.  Parking would go through the Police Dept.  Alcohol problems also go through the law enforcement.  Then the Town Council would review the complaints.

 

Commission Chairman Huefner said there is a deadline of April 1st for all existing short-term rentals to apply for their license.  There will be letters sent to everyone.  Commission Member Ballingham questioned the deadline date.  What happens if someone comes in after the deadline?  It will be a challenge because the Building Inspector needs to inspect all of them and identify if there is a problem or not.  Also, what if they are under construction at that time and aren’t ready until after the deadline.  It was stated that this deadline is for existing rentals.

 

Nate Parry wondered about people who only rent during the summer, and wondered if

 

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they still need to get their license by April 1st?   Commission Chairman Huefner said yes, it’s a license for a year. 

 

 

Commission Member Ballingham said there’s got to be some type of fine for those who won’t be ready to rent by then.  Council Member Huefner the town’s intention is to have a grace period for the first year.

 

Commission Member Ballingham recommended that we adhere to people who say they didn’t know about the deadline and want a license.  Nate Parry said they should comply.  Commission Member Ballingham said if they’ve been told by a letter, there should be a fine of $1,000 per day that they’ve rented their place because they’re not in compliance.

 

After some discussion, Commission Member Ballingham suggested fining the rental businesses $100 per week after April 1st if they don’t have their licenses.

 

Commission Member Argyle thinks the fines are too harsh.  She said we all know what’s going on, but the general public doesn’t know about this. They know very little.  Nate Parry said we’ve had a 6-month no-build moratorium, which was in every Salt Lake newspaper. We’ve been working on this for half a year and if they’re not responsible enough to at least come to one meeting, then take our resort tax and take business from all of us then rent without paying what we have to, that’s too bad.

 

Commission Member Gough said he can’t imagine people not knowing about this if everyone who gets a water bill will get a notice of the ordinance. 

 

Commission Member Ballingham said we in the town spend a lot of time looking out for those folk who are not citizens of our community.  It’s time we start looking out for our citizen’s and businesses.  Let’s look out for the people who live here year round.  We provide services for other people, that is our lifestyle and we should continue to do that.  But at the same time, we shouldn’t keep making exceptions for those folk who don’t live here year round and don’t contribute year round.   If there’s adequate notice and if they decide to ignore their duties as a citizen, even if they are part-time citizens, there’s not much we can do.  Commission Chairman Huefner said that’s the only recourse we have as a town.

 

Commission Member Argyle said there will be people who don’t even look at their mail or notices that might be sent until they’re ready to rent or come in the spring.  She thinks we need to do more than put a notice in the water bill. 

 

Bobbie Coray said people who are renting right now are already breaking well-known Utah State Law as far as paying room tax.  They are still required to pay it even if they rent once a year.

 

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Commission Chairman Huefner said we are limited to our notification abilities.  She wondered if anyone had any suggestions how to let those who rent know this.  Commission Member Argyle said right now we’re in a small time frame to let them know by April 1st.

 

Kim Nilson suggested telling people that if they don’t have their fee paid by April 1st, they can’t rent their place for a year, existing or not.

 

Commission Chairman Huefner said this can still be a work in progress and if things need to be changed after it’s passed, we can change them.

 

Commission Member Bills recommended that we appoint someone to notify the online advertisers.  Judy Holbrook knows who they are.  Commission Member Bills said they will be the ones in violation.  He suggested an e-mail sent from Garden City reminding them they have a new short-term rental ordinance, they will need a license, and a fine is required by April 1st.

 

Bobbi Coray said at the Rich Co. Commission meeting, it was noticed that the town was going to buy the Canyon Cover motel.  They thought it was a great idea.  It was also noted that Ray Elliott will be tearing down their motel and putting in condo’s.  So, there will be no motels left in Rich Co.  It was stated that we attract over 400,000 people a year and we spend $80,000 a year advertising for tourism.  She asked why we are even advertising, we don’t have accommodations for them?  One of the commissioners said that there are thousands of places to rent here.  It will all be done through property management.    Ms. Coray realized if all of those rental properties don’t pay their room tax, the town is paying for all the services with nothing coming back.

 

CONCEPTUAL OF BEAR LAKE CONDO’S,  Lance Andersen

 

Mr. Andersen said this is just conceptual.  He’s asking for comments from the Commission as to how this is laid out.  He said this property lies at the raspberry field where Price’s old van is.

 

Commission Member Smith said as a disclosure, he was the real estate agent involved with the sale of this property.  Commission Chairman Huefner said she and her husband sold the property to the new owners.  This is no conflict for them

 

Mr. Andersen said they want to build 21 buildings with a clubhouse and amenities; tennis/basketball court area, play area, pool and parking associated with those areas.  There will be a trail connecting to the clubhouse with buildings also connected to that.  There is a canal that separates the two phases.  There will be buildings above so it would be like stair stepping with parking underneath the buildings and surface parking nearby.  He showed how they would like to connect to the 300 W. and 350 S. roads.

 

 

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Commission Member Smith said once Paradise Parkway is in, most of the traffic will use it.  The access off of those roads will need to be resolved for the final approval.

 

Mr. Andersen said Shundahai plans on having their sewer coming down in that area and they would connect to their sewer.  There is an agreement that says the town’s water line will be going from Chevron to Bridgerland and they would like to connect with that. 

 

They are working on the egress and they will have to have it done so they can use 350 S.

Commission Chairman Huefner said that may be his biggest challenge, especially with that many people coming and going.  But she thinks it’s in the town’s interest to work with him to get that road.  Commission Member Smith said especially with this being affordable housing.

 

The condo’s will have 2-3 bedrooms.  There will be close to 2 parking spaces for each unit.  The condo’s will not have garages.  It will be outside parking.   Commission Member Gough said they will need more parking.  It may need to be in the other area. 

 

Mr. Andersen said it’s all “affordable” housing, but he has worked with affordable housing and doesn’t feel 250 units are needed here.  It’s structured so they can find out how many units will be needed.

 

Commission Member Ballingham said most people in affordable housing situations won’t have trailers, boats, etc.  We have a huge need for increased parking.  It would be good to have more parking even if it means giving up some of the buildings to have parking.  He would like to know how much parking will be for affordable housing and what isn’t for affordable housing.  He would like to see additional parking to accommodate for tourists.

 

Mr. Andersen asked if there’s anything in the ordinance that states how much parking is needed.  Commission Member Ballingham said there’s not right now, but we need to be looking for a lot more parking for the visitor’s.

 

Mr. Andersen was asked if he’ll be renting these buildings.  Mr. Andersen said he can’t control how the housing goes.  An association is not set up yet.  He thinks the condo’s will be sold.  They won’t be timeshares.   He understands in equal housing that they can’t be told they can’t rent.  But there are issues that can be in the CC&R’s.

 

Commission Member Ballingham said he’s right if it’s all affordable housing.  Affordable housing is geared to offer housing to those who live here year round.  If someone comes in and buys the condo, they can regulate how much parking is needed and tell them a license is needed, etc.

 

Commission Member Bourne said it will also make a difference if it’s their primary residence or not.

 

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Commission Member Smith talked about vouchers from the federal government to help with affordable housing. 

 

Mr. Andersen said there may be some they may want to deed restrict as far as being affordable long-term wise.  It would help with the service related workers here.  They know there’s a need for affordable housing, they’re just not sure what the need is.

 

Commission Member Argyle wondered if the commission would agree to get rid of some of the landscaping so they can put in more parking.  Commission Member Ballingham said that’s just the opposite of what we’re looking for.  If we decide we need more than the 2 spaces per unit, then so be it, but if we’re providing a certain percentage that is affordable housing, and then increasing density by putting those parking spaces for all the boats, etc.  We’re essentially increasing density to have more visitors.  When this comes in for preliminary, he would like to see how much will be affordable housing and all the affordable housing should be deed restricted.  Otherwise it defeats the purpose.

 

Commission Member Argyle agrees that 2 parking spaces are enough for affordable housing, but not for the condo’s.

 

Mr. Andersen said if a project is affordable, it doesn’t always pencil out.  There are some projects they’ve worked on that have worked out.  They do all the affordable housing with non-profit in Cache Co.  There are different ways of making it work. 

 

Commission Member Ballingham said if we find there is a need for that much affordable housing, we may agree to compromise with the landscaping.   It would be a benefit and we could show a need.  But he’ll have 50% of them that will be for sale in the open market, rather than having it being deed restricted.  There would be a compromise made as long as the primary reason is affordable housing.  But we also make it viable from a financial standpoint for the developer by creating additional parking and not creating further problems for the town.

 

Commission Member Smith talked about housing credits and affordable housing.

 

Mr. Andersen said they will probably do this project in three phases.  Part of the price points will be the finishes within the condos.  Exterior wise, they will all look the same.  He’s not looking at low-income housing, just affordable housing.

 

There are 496 parking spaces, which is a little over 2 per unit.  They have also included oversize parking.  Commission Chairman Huefner asked if there could be more.  She doesn’t feel the affordable housing area needs more.  The rest of the development will have a need for more parking.  She doesn’t feel you can have too much parking.

 

Commission Member Ballingham said we need to recommend to the Town Council to have a set number of parking spaces.  He thinks there should be two parking stalls

 

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required with at least one or two over-sized spaces per unit.  Mr. Andersen disagrees that that many are needed.  He said there won’t be full occupancy at any time.  He agreed that there may be a need as far as recreational use goes.  He has 15 over-size stalls now. 

Commission Member Gough said that would be okay for the affordable housing.  If it’s for weekenders, it won’t be enough.

 

Commission Chairman Huefner said he will need to meet the Architectural Standards.  She is concerned with him having a good ingress/egress.  There needs to be more than one way out especially with that amount of people.  She said the town needs to help him get the access he needs.

 

Commission Member Smith said most people coming in for developments are contingent on Paradise Parkway being built.  It puts it back onto the town.

 

Commission Chairman Huefner wondered about getting 350 S. through to Highway 89 done.  It will be awhile before Paradise Parkway will be usable.

 

Commission Member Ballingham feels the residents in that area won’t have any problem with finishing 350 S.

 

Mr. Andersen recommended that the town gets 350 S. on their master plan to get it done.

 

Mr. Andersen will need to follow the new subdivision ordinance.

 

Commission Member Ballingham said he needs to leave soon and wondered if we could go to item #11-Zone Planning Discussion.

 

ZONE PLANNING DISCUSSION

 

Commission Member Ballingham feels we need to break up the commercial zone into 3 or 4 levels.  There are zones that are ugly; manufacturing, storage units, etc., they should be tucked away so people won’t be offended by them.  When people come to Garden City, it should be beautiful to them, especially on Main Street or Paradise Parkway. If our main roads look like junkyards, then that’s what people think we are.  He recommends that we have a manufacturing/storage zone.  Also a zone of retail within the commercial area.  An outlet mall may be coming in.  We need a zone that will accommodate those types of businesses as well.  Maybe we could have certain types of commercial in the same area.

 

He said North Logan is creating an area of smaller shops where people can walk from one place to another; restaurant or theaters, and they are all connected through a network of bike paths.  It’s all created through zones.

 

Commission Member Smith said they’ve been talking about putting certain businesses in certain zones.  Commission Chairman Huefner said we would like to have it clear what

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can go in each zone, so every business doesn’t have to come before the Commission for a

Conditional Use Permit.  We need to have businesses defined in the zones so people can just come in for a Business License.

 

Commission Member Ballingham said we need to be aggressive with property owners.  There’s an issue with a few different zones within one neighborhood.  He suggested working with the property owners to consolidate some zones.  

We need to make entire blocks the same zones.  So we have similar projects within the same zones.

 

Carol Bills said you might want to consider people with businesses and a residence above it. It should be written in the zones to cover them.  Commission Member Gough said it could be cushion between residential and commercial.

 

Commission Member Bills said with commercial, we should add one more designation – industrial or light industrial.    Not just blanket everything under commercial.

 

Commission Member Smith is concerned about the existing property owners and changing the zones on their land.

 

Commission Member Ballingham said we tell people what they can and can’t do all the time based on the town ordinances.  Our goal now is to become the geniuses that people 20 years from now will say…I’m sure glad they did that.  If we don’t step up to the plate, those people may say…boy those guys didn’t know what they were talking about.  The town is always changing, we need to take a good look, make wise decisions and set a standard.  Then we can base our future decisions on that standard.

 

Commission Chairman Huefner said it’s good to take input from property owners as well.

 

Commission Member Bourne likes the idea of the overlay.  When we’re talking about Paradise Parkway, he feels we should say a certain amount of the frontage should be a certain type of business, i.e. restaurants and retails stores, behind that could be industrial or storage sheds, etc., but the sexually oriented businesses need to be tucked away.

 

Commission Member Gough said we need to define businesses and where they can go.

 

Commission Chairman Huefner wondered what we could name zones. Some ideas were: manufacturing, industrial, light industrial, industrial parks, retail, small, medium and large accommodations.

 

Bobbie Coray suggested planting trees so less desirable businesses wouldn’t be seen.

 

Commission Chairman Huefner talked about the land getting so expensive; one way to make things more affordable is to allow more height.  She thinks if it’s allowed in strategic ways, it won’t ruin people’s views.

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It was also suggested to have different architectural standards for different zones.

 

Commission Member Smith said he agrees with Commission Member Bourne about delineating which roads we want to work around first and plan what we would like near those roads.

 

Commission Member Bourne suggested three commercial zones; retail shops/restaurants, hotels/motels, manufacturing/industrial/sexually oriented business. 

 

Commission Member Gough wondered about changing some residential areas within commercial to a residential zone.

 

Commission Chairman Huefner thinks we should use Paradise Parkway as the buffer.  A street is a great zone change area. 

 

Commission Member Gough talked about using trees also as a buffer between residential and commercial zones.

 

Commission Member Bills said we need to look out for upcoming RV parks.  The one we have now is going away.

 

Commission Member Gough said that is why we need a buffer between residential and commercial.

 

Commission Chairman Huefner would like the Commissioners to define the different commercial zones, look at their maps and determine where they would fit.  She would like them to start at Paradise Parkway and Highway 89.  Decide how we would like them to look in the future and look at outlying commercial zones.

 

Commission Member Argyle asked if we could be sued by an individual by changing their zone?  Commission Chairman Huefner said zoning is something the courts allow municipalities to do.  We just need to study it, state our reasoning, and it will hold up in court.

 

Commission Chairman Huefner said if we are thinking of changing a zone, we need to come up with a plan, have a Public Hearing and get input.  We are dealing with other people’s property.

 

Commission Member Smith suggested letting the property owners know that we’re considering changing the zone and let them suggest any ideas.

 

Commission Chairman Huefner wondered what to call the three major zones.  Bobbie Coray suggested looking at Park City’s website.  They’ve already figured out a lot of zones.  Commission Chairman Huefner will look at that.  She would also like the

 

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Commissioners to look at higher height restrictions on hotel accommodations and office space.

 

Commission Member Bourne suggested having a commercial a, b and c zones and list what would be permitted in each of those zones.  He doesn’t think they would get in trouble changing the zones.

 

SUBDIVISION/PUD ORDINANCE

 

This item will be looked at during the next meeting.  The Council decided to change the Citizen Input Meeting to January 24th, 2008 so Rick Fawcett could attend.

 

Commission Chairman Huefner would like the Commissioners to read the Subdivision Ordinance for the Citizen Input Meeting.  She said we have gone to great lengths for the opportunity to make this ordinance right.  We have put a lot of the contractor’s out of their way to do this.  We owe it to them to read this word for word. 

 

TRAINING

Conflict of Interest

Commission Member Huefner showed the Conflict of Interest form.  She said this is something that you state your conflict of interest and sign it.   If something becomes a conflict later on, then you need to fill out another paper.

 

As an item comes before us, you will need to disclose your conflict of interest as the meeting starts.  She said you can state it three ways;  State that you have a conflict of interest or a potential conflict, state what it is and that you will still vote; I have a conflict of interest and will not vote; or excuse yourself from the table. 

     

Bobbie Coray said you need to disclose the conflict.  If you don’t, you’re in big legal trouble.

 

The Conflict of Interest Forms will be reviewed by the Town Council and filed in the office.

 

MISCELLAENOUS

Public Clamor

Commission Member Bills talked about how easy it is for decisions to be swayed because of public clamor.  Commission Chairman Huefner said our job is pretty easy.  We follow the ordinances and if it fits, that’s great, if it doesn’t fit, it doesn’t get approved.  As Commissioners, we don’t always have to agree with each others decisions.  As a Planning Commission, you should listen to the public clamor and take it into consideration.  But, you as a Planning Commissioner are more informed as to what your job is than they are.  Public clamor is important, but it has a place and you need to leave it in its place.

 

 

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Anita Weston said on any kind of touchy issue, the people that it touches come, the ones who don’t have a problem with it, don’t worry about coming.

 

Commission Member Smith compared it to the moratorium.

 

Commission Chairman Huefner said as planning commissioners, we need to develop a thick skin.  We’ll never make everyone happy.

 

Shundahai Sales Office

Commission Member Gough said he was originally frustrated with the idea of letting Shundahai put in a sales office without water and power.  He wasn’t able to do it with his project.  But he thinks it’s a good idea and would like to be able to do it in the future.  He is concerned if a fire starts at the sales office.  There won’t be any water to put it out and the fire will spread to the homes in the area.

 

Commission Chairman Huefner said she never thought of that.

 

ADJOURNMENT

 

Commission Member Bills made the motion to adjourn the meeting at 10:00 p.m.

 

 

 

 

APPROVED:                                                  ATTEST:

 

 

 

__________________________________   __________________________________

Jennifer Huefner, Chairman                             Assistant Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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