Meeting Minutes 2006







The Planning & Zoning Commission held a Public Hearing on Wednesday, July 5, 2006 at 6:30 p.m. at the Garden City Office Building located at 145 W. Logan Rd.  Commission Chairman House opened the Public Hearing at 6:45 p.m.


Commission Members Present:


         Brian House, Chairman

         Lance Bourne

Jared Seamons

         Frank Smith

         Jennifer Huefner



Others Present:


         Sharlene Millard                         Todd Stapley

John Abraham                            Mark Hislop

Julie Young                               Lyn Hilsman

          Penny Fox                                Mr. & Mrs. Jay Harrison

         Susan Hayward                          Cindy McLaughlin

         Chad Stapley                             Mike & Traci Blair

         Christine Smoot                          Jon White

         Mark Smoot                              Pat Argyle




A member of the audience, Chad Stapley, said he is concerned that Phase 2 is being approved when Phase 1 isn’t even finished.  He has been promised for 1½ years that it would be done by the spring of 2005.  He was also an owner in Harbor Village and doesn’t want things to be done like that was done.  When Phil Hoyt was developing Lake Meadow Phase 2, the Planning & Zoning made him complete Phase 1 – 110%, so he had to wait for his home to be built until Phase 1 was even finished.


Mark Smoot said they purchased some property in Phase I of Elk’s Ridge and tried to do some homework and research.   There was some fear of investing money in this area with development after development that doesn’t get finished.  They were ensured that utilities would be put in and it isn’t happening.  They just hope that the commitment will be finished.  They also have lots in Sweetwater and other places.  They hope that the Planning & Zoning here can do everything they can to make sure that Phase I is finished before any development of Phase II.    If there’s any way the Planning & Zoning can enforce that the first moneys collected are used to complete Phase I before Phase II.


Mr. Smoot said they’re still excited to build here, just concerned.  There was security supposedly posted to ensure that it would be done.  He’s wondering what the timeline is and he would like to know what point does the time frame come to when the town needs to finish the development.  He said they will pursue that with Mr. Smith.


Lyn Hilsman is concerned about dust control on the road into Phase I.  He said there are thousands of four wheelers and dirt bikes speeding up and down the road.  It gets very dusty.  On any construction project, the federal government requires dust control.


Todd Stapley said his concerns echo a lot that have already been heard.  A lot of people have invested money in Phase I.  Phase II is already in action and the Phase I owners can’t even get a building permit.  He feels that if Phase II starts, the people in Phase I should be able to get building permits.  They would like to get those questions answered before Phase II goes in.


Cindy McLaughlin said she sold these people the property.  She said we would like a time line so we’ll know exactly when this is going to be buildable.  Scott Jessen of Utah Power told them when the trenches are done; they will come and get the power in.  They would also like to address the fire protection in Phase I.


Frank Smith, the developer of Elk’s Ridge, said he’s had a couple of setbacks.  There has been an incredible amount of rock to blast through and other unexpected expenses.  Any land sold in there is for that project.  He didn’t use their money for anything else. He does have a letter of credit from Cache Valley Bank.  There has been a large water tank to finish, which the town has a small part in.  The price of rebar has gone up three times, concrete has gone up and they used double steel, which doubled in price.  The contractors and equipment all have a lot of money invested and he appreciates that the buyers bought from him and want to be here.   He also hopes Phase II will be done soon.  The only things not paid for in Phase I is a pump house at the canal crossing, which will be about $70,000, a pressure reducer valve at about $25,000, plus pipe and conduit.  Utah Power has been paid.  There are contractor’s finishing it up.  Timewise, he feels it is close.  They have 800 ft. of steel to order and put in the ground and then the pressure reducer valve.  He’s thinking that within a month, everything should be done.  A man should come out to finish the pumphouse soon.


Phase II will be posted with an irrevocable letter of credit which has been extended. The tank is what is taking so long.  He had to build the water tank for the town also.  It’s the largest in town.   There is probably about $700,000 in the infrastructure, including the water tank lines.  The sewer lines are in and are 12’ deep.  They are stubbed to the lots.  That was expensive.  They’re not pumping water yet.  The water tank is now done.


The feeder lines are almost done.  Out of 8000’, only 300’ still needs to be done.  They’re still waiting for power.  As far as building permits, he talked with the previous building inspector and he said they could build, the present building inspectors say it’s up to the town. 


An audience member said things are being done all the time, but none of these little steps are ever getting completed.  Mr. Smith said the tank was the biggest step and it’s now done.


As far as a timeline, the power should be in within 1 month.  The grade on the road should be done within 30 days.  The water and sewer lines are almost done.  One spur goes to Phase II, another one goes to the state parks, one goes towards the RV park and one goes towards Harbor Village.  The water line has to come from Phase II because it comes from the tank.


There were 900’ of pipe that was put in wrong, so they’ve had to re-do that.  It is just a correction.


Troy Petersen is actually the contractor.  Mr. Smith wishes Mr. Petersen were here tonight.  He would know more about the timeline.


The power is paid for.  As soon as the conduit is inspected, they will bring in the power.  The trench work is done.


Chad Staples asked if we should just wait for approval of Phase 2 so we can hear the answers from Mr. Petersen.


Commission Member Bourne said as far as Utah Power & Light is concerned, as soon as the concrete is established and the stakes are visible and conduit in, they’ll be on the project.  It will take them 2-3 weeks to put the power in.  When the subdivision is done and the final grade is established, he’ll personally do the inspections and double-check all the conduits.  Once it’s ready, it will take about 3 weeks to get power.


A member of the audience said to get the entire infrastructure in, they’re looking at the end of August and then trying to start a house right before the winter months won’t work.  Mr. Smith said if someone is disappointed to the point that they don’t want to be there, he’d buy their lot back, but he does want them to be able to build.


Cindy McLaughlin said these people love the view.  They want to be here. 


Chad Stapley said they just want this done.  They’ve already waited a couple of years.


Mr. Smith said it’s taking a while, but it will be done.  He apologizes for the inconvenience.  They’re trying to get some things done every day.




Commission Chairman House asked if there were any comments on Ordinance No. #06-26, #06-27 or #06-28.  There were no Comments from the audience.




The meeting was adjourned at 7:15 p.m.




APPROVED:                                     ATTEST:





_________________________________      ________________________________

Brian House, Chairman                          Assistant Clerk







The Garden City Planning & Zoning Commission held their regularly scheduled meeting on Wednesday, July 5, 2006 at the Garden City Office Building located at 145 W. Logan Rd.  Chairman House opened the meeting at 7:15 p.m.


Commission Members Present:


         Brian House, Chairman

         Lance Bourne

Jared Seamons

         Frank Smith

         Jennifer Huefner



Others Present:


         Sharlene Millard                         Todd Stapley

John Abraham                            Mark Hislop

Julie Young                               Lyn Hilsman

          Penny Fox                                Mr. & Mrs. Jay Harrison

         Susan Hayward                          Cindy McLaughlin

         Chad Stapley                             Mike & Traci Blair

         Christine Smoot                          Jon White

         Mark Smoot                              Pat Argyle





Mark Hislop said he has a business license to do project management.  He works as a manager for general contractors.  Sometimes they bite off more than they can chew.  He will help them stay on top of things.  He also does bookwork for them. 


Mr. Hislop said he would like to build a nice monument sign on the northeast side of his lot.  He would like to build it along the same lines as the scenic byway signs with rock and logs and a big wooden slab that will hang from chains.  He will do the framework himself.  Someone else will build the sign.


Mr. Hislop said there should be no problem with the covenants of Bridgerland for this sign.


Commission Member Bourne said he thinks it will look nice and will meet the standards of what the town would like to have.  He reminded him to call Blue Stakes when they start digging. 


Commission Member Bourne made the motion to approve the sign for Mark Hislop’s business at his residence.  Commission Member Seamons seconded the motion.  All in favor and the motion carried.




Commission Member Smith removed himself from the panel for this approval.


Mr. Smith said he feels the audience would feel better if we didn’t proceed with the approval at this time.  He would like to have things move along and this may push the project until next year in getting it done.  Commission Chairman House said he is aware that it’s taken him a long time to get things done.  Things have streamlined quite a bit since he’s started. 


Mr. Smith said he’s just a guy, not a wealthy one.  It would be helpful to get things moving along.  He said he was required by Cache Valley Bank to go through his expenditures with them.  There were a few lots that weren’t in that agreement


Mr. Smith said no money has been pocketed.  Things are just taking a while.  The Planning & Zoning Commission and the Town Council have given developer’s requirements and he thinks that’s a good thing.  He understands where people are upset and would just like Phase I to get done.   He’ll leave it to the board to decide about approval.  A lot of the money has gone to the watertank.


Mr. Smith said financially, by postponing the tank for 60 days, he’s paid almost $1,000,000 in interest.  He’s trying to get things sold this year.  An irrevocable letter of credit has been posted.  Phase II will go faster because the tank will already be in.


Cindy McLaughlin and Chad Stapley said they don’t care if he goes ahead with Phase II.  They don’t want to bankrupt Mr. Smith.  They just don’t want any selling or dirt moved, etc., in Phase II until Phase I is completed. 


The pumphouse and pressure-reducing valve is all water related.  The sewer is done.  He feels the only thing in question is the final material for the roads and pumps.  He’s seen the letter from the town engineer and his engineer said all the concerns can be addressed, but he hasn’t faxed his comments yet.


Mr. Smith said his engineer has told him that the road grade could be cut and filled to do grade.  The only one that is close is Elk’s Ridge Road at 12.5% for 1300 ft.  The other road of 150 feet can be done to meet grade.  


Mr. Smith addressed some items of issue and said the plans for the booster pump is in the first phase, not the second and has already been approved.  The fire hydrant question will be corrected. 


He said his engineer said all of the concerns can be addressed other than the 12.5% road grade.


Commission Chairman House reminded Mr. Smith that the distance of the grade of road needs to have a variance. 


Mr. Smith addressed item #6 of the engineer’s remarks.  The difference adds up to 6/10ths of a foot.  Mr. Smith said he owns the property on the other side and will give up that much.


 #5 of the engineer’s remarks about calculations for the retention ponds can also be corrected.  Mr. Smith said there are huge areas in the back for the retention ponds.  Commission Member Seamons said the engineer probably just wants to see the calculations.


Mr. Smith said he would love to have houses up on top.  He is still committed to make this one of the nicest subdivisions around.  Once the water comes in, they will do landscaping and make it look really nice.


A member of the audience stated that he is concerned if there is a mortgage on the land.  He wondered if when Mr. Smith sells lots, what percentage of the proceeds can go to the development vs. requirements associated with the land or any other type of requirements where money can get diverted from one phase to help with another phase.


Mr. Smith said he brought in partners for Phase II to help bring more money into Phase I.  He has wholesaled some of the lots.  Money is coming from Phase II to go to Phase I.  He’s not in risk of defaulting on any loans.  Phase II is all paid off.  Phase I is sold out.


The money brought in from the partners has helped to pay for the dynamiting.


Mr. Smith said there should be some brine on the Elk Ridge Road next week to help with dust.  He said he is fine with whatever decision the board makes.


Commission Chairman House went through the requirements.  He doesn’t see any utility easements on Mr. Smith’s map.  Mr. Smith stated that 10% of the public areas are required for open space.  Commission Member Bourne said that 50% of that needs to be usable. 


Commission Chairman House referred to question #7 on the letter from Sunrise Engineering stating that the town should furnish all supplies and install the water service.   Commission Chairman House stated that the town doesn’t do that.  But it’s on the plat that way.  There is also no square footage listed for the lots, just acreage.  


Mr. Smith said the fire hydrants will be addressed by his engineer later.  The physical marker has been lathed in the front.


Commission Chairman House said there should be a 1 ½” x 5” space on the plat for official use.  Mr. Smith said Howard Pope of Bear Lake Communications is aware of the subdivision.  The curb and gutter is not required.  They will be using catch basins, but the calculations as to how the size was determined, needs to be submitted.


Commission Chairman House said there are 3 lots without measurements.  Mr. Smith said they’re actually part of the covenants but are non-buildable and can’t be used.  Mr. Smith said Dave Stringham has approved the sewer to go in there.  Commission Chairman House would like a letter submitted stating that.


Mr. Smith said before a letter of credit is issued, the project needs to be approved.


Commission Chairman House stated the following as engineering questions that need to be addressed:  Dusting on Phase 1, Utility easements need to be on the plat,  #7 from the engineers requirements need to be off the plat (stating town will supply materials for water service), fire hydrants, catch basin calculation to engineer and a letter from the sewer dept.


Commission Member Bourne asked about #1 of the engineer’s letter – road grade requirements.  Mr. Smith said 12.5% is the best that can be done for the small area there.  Another area is 13% for about 1200’.  He said the paving will be addressed with the homeowners later one.  Commission Chairman House said a 12% paved road is different than a 12% gravel road.


 Mr. Smith said he knows this is a delicate position and doesn’t want to put the Commission in a weird position.  He feels it might be better to postpone this decision until next time.  It may make people feel better.  He said he doesn’t want to, but he’s willing to postpone the decision until next month.  He said if the engineer were here, items could be explained and addressed better.


Commission Member Seamons thinks that when we re-visit this issue, he needs to come back with a solid timeline as far as expectations for power.  Mr. Smith said he will be further along and will know more where they’re at.  There are issues that need to be dealt with.  He said he helped get 300 W. to go through and it’s taking longer than they expected to get the road in.  Sometimes, things just take a while.


Commission Member Seamons said it will give him time to address the issues and can  have more answers for the audience.


Commission Member Bourne said when he comes back, he should be able to address items #1 – 7 from the Sunrise Engineering letter and the attorney’s letter.


This issue is tabled until next month.




Mr. Harrison is asking for an amendment to his Conditional Use Permit on Lot #C-4 in Foothill Estates.  He’s just asking for a change of configuration of the sheds.  It will be a fewer number than originally planned.  He has 35 sheds already there and wants to add a building with 33 more units.  He has a water connection for landscaping.  He’s asking for the required 20% of the landscaping to be waived to 10%


Commission Chairman House said it’s in the commercial zone and he will need to meet the Architectural Standards.


Commission Chairman House suggested Mr. Harrison doing the landscaping like LeGrand Johnson’s.  They have rocks in some areas with clusters of live watered trees. 


Commission Member Smith asked about water retention for the storage sheds.  He said in the spring, water has come into some of the sheds.  He wondered if Mr. Harrison has a plan to keep the water out.


Mr. Harrison said there is a puddle in the back, but he will grade that away from the building. He didn’t know of any other problems.  Building Inspector, John Abraham said he would have to see the area to see if it would sink.  That’s one of the last things they check on for the final inspection.


Mr. Harrison said he would be happy to meet with the Building Inspectors to discuss this.


An adjacent property owner, Jon White, questioned the street.  He said it started as a through street and has become a private street.  Commission Member Bourne said they moved the fire hydrant to make the road.


There was a discussion about the road in Foothill Estates.


Mr. White asked about the requirement of 20% landscaping.  He said the present building has 0%.  He said this area is turning into an industrial area.   There’s no landscaping.  He feels there should be 20% on each lot.  The older buildings and the newer ones should both be 20%.  Not 10% on each lot.


Mr. Harrison said he would landscape 20% of the whole area.  Mr. White would also like a buffer from the street.  Commission Chairman House said the Architectural Standards do have to be met.  Commission Member Bourne said everything there now is grandfathered.  Mr. White would also like Mr. Harrison to take care of water retention.

Mr. Harrison said he would be happy to meet any requirements.


The chain link fence is approved because it’s been grandfathered.  The change is inside the fence.


Mr. White said he bought the lot on his north to stop the intrusion of it feeling like a manufacturing zone.


Commission Member Smith said there could be a compromise.  There is 20% minimum for landscaping on commercial and is based on the size of the lot.  Commission Member Bourne feels that where part of the lot is already developed, we can’t require more on that lot.


Commission Member Smith wondered if Mr. Harrison could put the landscaping on the east side where Mr. White is located.  Commission Member Bourne suggested putting the landscaping everywhere so that others in town could also be affected, especially the front.


Mr. Harrison said he would like to meet with Mr. White to help him determine how to help his lot look better from his angle.


Mr. White owns lots C1 and C2.  His Inn is on Lot C1.  Mr. Harrison owns lots C3 and C4.


Commission Member Seamons made the motion to approve the extension of the Conditional Use Permit for JK Storage with the following conditions:  Storm water retention be resolved and shown on plans.  All the Architectural Standards must be met with the building, 10% landscaping with his support to get it arranged to have it look better for his neighbor and be around the existing building.  Have a mix of living trees and rock in the landscaping.  Commission Member Smith seconded the motion.  All in favor and the motion carried.


Commission Chairman House wants the clerk to give Mr. Harrison a copy of the Architectural Standards.




There was a correction of a misspelled word in Ordinances #06-26 and #06-28.


On Ordinance #06-27 Commission Member Huefner suggested simplifying the term for this (instead of subdivisions of not more than four lots), and define it as an ordinance for a minor subdivision.   Commission Chairman House explained the history of that and said too many people were abusing the subdivision ordinance.


Commission Member Huefner made the motion to move all three ordinances with changes to the Town Council.  Commission Member Seamons seconded the motion.  All in favor and the motion carried.




Commission Member Bourne said the variance committee has approached him.  They would like the Planning & Zoning to change the setbacks for just Triangle Estates subdivision. 


Commission Chairman House said people are buying the small lots, they know the size of the lots when they buy them.  They could move their homes a little to fit on the lots.  The Planning & Zoning shouldn’t be in the business of changing setbacks.  He said he wouldn’t feel good doing that. 


Commission Chairman House feels that the issue should go to the variance board.


Commission Member Huefner wondered if the town has a minimum lot size with certain setbacks.  Commission Chairman House said not for a platted subdivision.


Commission Member Huefner wondered if we could make considerations for smaller setbacks for smaller lots.  Commission Chairman House said if we do, we’re setting a precedence and we’ll have to do it for other subdivisions.




Mr. Seamons said he has been working with some people at the state to get fair income housing coming here.  One discussion told him that they have the funding to start this for our community and it’s a federal requirement to have the fair income housing in communities.  He was asked about our needs as far as how many and what type of units would suit our needs.  He wondered if it should go to the town for discussion.


Mr. Seamons wondered if 50 units were too many.  Commission Chairman House didn’t think it would be too many.  He didn’t think 100 units would be too many.  He said many employees that come here and are looking for places to rent.  Rent is too expensive.


Commission Member Smith wondered about finding 30 acres and putting everything from park models to apartments on it.  They could have their own CC&R’s.  There’s a negative stigma for affordable housing.  But there is a need.  The hardest thing to find right now is land.


Commission Member Seamons said there are tax credits available for anyone involved in this.  It’s not like they’re asking you to give land away.  It’s actually a pretty valuable certificate to have.


The fair housing is now able to expand outside of Salt Lake City.  They would like to come here first because they know we need it immediately.


Commission Chairman House said it’s probably related to the census figures.  Commission Member Smith said our community also swells in the summer.  Commission Member Seamons thinks the construction industry would fill up the housing.  He said we really should start looking at this.  His contacts are setting up a meeting within a week.  They hope to view some possible sites.  There have been a couple of people in town who would be willing to participate in the donation of land.


Penny Fox talked about the buildings she’s putting up.  She said it would also help with this and in building the community.  She would like to start with the affordable housing.


Commission Member Smith said we need to look at park models.  They wouldn’t be able to be in an RV Park, yet they’re too small for Buttercup.  He said we need to look at an ordinance that would cover this type of housing.  If we don’t identify certain areas, we could get in trouble. 


Commission Chairman House said KOA is the only employer that currently houses its own employees.


Commission Member Seamons said he would meet with the people from Salt Lake and hear what they have to say and ask questions.  He will be happy to represent the Planning & Zoning and maybe set up a public hearing to hear the public’s opinion on this.  He said it has to be supported by a non-profit situation, which would deal with federal guidelines and funding.




Beach Access

Commission Member Smith said he went to the beach in front of Bear Lake Communications.  All the people are going to the beach and it looks like a minefield.  The potholes are huge.  He’s wondering if that’s our responsibility.  Commission Chairman House said it’s wetlands – Corps of Engineers issues.  We can’t move dirt on the beach.  That’s a main access and people are ruining their vehicles.


Bessinger Subdivision

Assistant Clerk, Sharlene Millard asked the Planning & Zoning about Scott Bessinger wanting to subdivide his property along 200 N. and next to 300 W.  Would they prefer he comes in at one time to divide the property or can he come in every year to divide off a portion of the lot?  Commission Chairman House said he will need to come in with a drawing of his plan and do it at one time.  Not every year.  If he goes more than 4 lots, he’ll need to comply with the subdivision requirements.




The minutes of the regular meeting of May 3, 2006 were presented.  Commission Member Seamons made the motion to accept the minutes as presented.  Commission Member Huefner seconded the motion.  All in favor and the motion passed.


The minutes of the special meeting of May 11, 2006 were presented.  Commission Member Seamons made the motion to accept the minutes as presented.  Commission Chairman House seconded the motion because Commission Member Smith wasn’t at that meeting.  All in favor and the motion passed.


The minutes of the regular meeting of June 7, 2006 were presented.  Commission Member Huefner made the motion to accept the minutes as presented.  Commission Member Seamons seconded the motion.  All in favor and the motion carried.




Commission Member Bourne made the motion to adjourn at 9:00 p.m.




APPROVED:                                     ATTEST:




__________________________________     _______________________________

Brian House, Chairman                          Assistant Clerk