Meeting Minutes 2007


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, July 11, 2007 at the Garden City Office located at 145 W. Logan Rd.  Commission Chairman Seamons opened the Public Hearing at 6:30 p.m. 

 

Those Present:

 

           Jared Seamons, Chairman

           Frank Smith

           Greg Bills

           Jennifer Huefner

 

Excused:  Lance Bourne

 

Others Present:

 

           Sharlene Millard                                          Lori Dahl

           Anita Weston                                              Carol Bills

           Merle Spence                                              Kent Fisher

           Penny Fox                                                 Paul Webb

           Susan Hayward                                          Cindy McLaughlin

           Kent & Ernest Korgenski                             RuthAnn Jarman

           Rod Thompson                                           Alma Mitchell

           Troy Oldham                                              Bobbi Coray

           Scott Galbraith                                           Dave Stringham

           Brian Lyons                                                Ryan Rogers

           Jason Welch

 

BEAR COUNTRY VILLAGE

 

Commission Chairman Seamons explained that this is located just east of the Post Office.  He wants to remind people that this meeting is for public comment.  The decision will be made afterwards.  There were no other comments.

 

PUD – SEASON’S RESORT

 

Penny Fox asked for clarification about the density required in the general plan for a PUD.  Commission Chairman Seamons explained that 70% of a PUD has to be held out for open space.  That requirement doesn’t have to mean a park, it can be roads, etc.  It’s just for everything other than the footprint of the house.

 

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ORDINANCES

 

Ordinance #07-24, - A Condominium within the Single Family Dwelling Zone.  Commission Chairman Seamons explained that they’re addressing this because it was sent from the Town Council.  Anita Weston wondered why there would be condo’s in a Single Family Residential zone.  Commission Chairman Seamons agreed that it might not be the best place for condo’s.

 

Ordinance #07-25, - A Condominium within the Multi Family Residential Zone.  There were no comments.

 

Ordinance #07-26, - A Condominium within the Recreational Residential Zone.  Anita Weston asked about the parking requirements for a condo.  Commission Chairman Seamons said it depends on the amount of units.  They have previously required two vehicles inside garages and two off-street parking spots per unit.  He said we’re asking developers to put in extra parking for people’s toys.

 

Ordinance #07-27, - A Condominium within the Community Commercial Zone.  There were no comments.

 

Ordinance #07-28, - A Condominium within the Highway Commercial Zone.   There were no comments.

 

Ordinance #07-29, - A Condominium within the Beach Development Zone.  Commission Chairman Seamons said developers would still be bound by the setbacks, and requirements of the individual zone.

 

Commission Chairman Seamons closed the meeting at 6:45 p.m.

 

 

 

APPROVED:                                              ATTEST:

 

 

 

_________________________________       _________________________________

Planning & Zoning Chairman                        Assistant Clerk

 

 

 

 

 

 

 

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MINUTES OF THE

REGULAR MEETING OF THE

PLANNING & ZONING COMMISSION OF

GARDEN CITY, UTAH

 

The Garden City Planning & Zoning Commission held their regularly scheduled meeting on Wednesday, July 11, 2007 at the Garden City Office located at 145 W. Logan Rd.  Commission Chairman Seamons opened the meeting at 7:00 p.m.

 

Those Present:

 

           Jared Seamons, Chairman

           Frank Smith

           Greg Bills

           Jennifer Huefner

           DJ Ballingham

 

Excused:  Lance Bourne

 

Others Present:

 

           Sharlene Millard                                          Lori Dahl

           Anita Weston                                              Carol Bills

           Merle Spence                                             Kent Fisher

           Penny Fox                                                 Paul Webb

           Susan Hayward                                          Cindy McLaughlin

           Kent & Ernest Korgenski                             RuthAnn Jarman

           Rod Thompson                                           Alma Mitchell

           Troy Oldham                                              Bobbi Coray

           Scott Galbraith                                           Dave Stringham

           Brian Lyons                                                Ryan Rogers

           Jason Welch

 

 

APPROVAL OF MINUTES

 

The Minutes of the Public Hearing of June 6, 2007 were presented.  Commission Member Smith made the motion to approve the minutes as written.  Commission Member Huefner seconded the motion.  All in favor and the motion carried.

 

The Minutes of the regular meeting of June 6, 2007 were presented.  Commission Member Huefner made the motion to approve the minutes as written.  Commission Member Bills seconded the motion.  All in favor and the motion carried.

 

 

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BOUNDARY LINE CHANGE, Mike DeBloois

 

Mr. DeBloois said would like to deed a portion of Lot #8 of Bridgerland Village to his neighbor, Mr. Harris in Lot #9.  Mr. Harris built his house and in the process, he inadvertently encroached on Mr. DeBloois’ lot.  The house is 12 ft. from the property line.  It’s on a strange shaped lot.  The triangle-size portion they would deed over is large enough for the neighbor to have a circular driveway. 

 

Commission Chairman Seamons asked if he is familiar with the ordinances.  He said the ordinance won’t allow a portion of a parcel within a subdivision to be deeded to someone else.  However, he could request an easement or some type of agreement to allow a recorded document to be recorded with the county.    An easement will allow them to do that. 

 

The next step is to have it surveyed.  They will need to have a recordable plat and have it recorded with the county.

 

COTTONWOOD FINAL, Rulon  Crosby

 

Mr. Crosby said the width for a private street is 26’ so he feels he has tried to accommodate them.  Commission Chairman Seamons asked about an agreement to get to this property.  Mr. Crosby said they have a verbal agreement with Mr. Mecham, Mr. Elliott and the Mel Larsen’s.  The survey will be signed on the final plat, which will be recorded. 

 

Commission Chairman Seamons asked about the storm drainage.  Mr. Crosby said he has heard that the town doesn’t want sidewalks, curb or gutter, etc.  They want a berm type of drainage.  Commission Chairman Seamons said the drainage is just for the road, there should be enough drainage for that. 

 

Commission Member Huefner asked about the diameter of the cul de sac.  Mr. Crosby said it will be 70’.  He has checked with many people up to the national level.  There is no requirement; it’s just up to the situations of the individual towns and equipment. 

 

Commission Member Huefner asked about the width of the right of way.  She thought it should be 30’.  She said it was stipulated in the past and what we want in the future.  He will need to have it 30’ wide if he ever wants the town to ever take it over. 

 

Commission Chairman Seamons said he would appreciate Mr. Crosby changing the road to 30’.  He can’t make him, but would strongly encourage him because an ordinance will be passed tonight.  Mr. Crosby said he will do it.

 

Commission Member Huefner went through the checklist.

 

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Commission Member Huefner made the motion that we recommend to the Town Council to approve the final plat for the Cottonwood Subdivision with Rulon Crosby with the following exceptions:  The plan needs to show the storm water drainage system calculation and be approved by the engineer and the engineered drawings need to be submitted to the engineer for final approval with the recommendation of the 30’ right of way.  Commission Member Bills seconded the motion.  All in favor and the motion carried.

 

BEAR COUNTRY VILLAGE, Kent Korgenski

 

Mr. Korgenski explained that in 2003, they were approved for a retail office village, which consisted of 8 individual foundations, for a total of 12 shops.  It was to be built in phases.  They started construction and put the foundations in.  Since then, they’ve run into some roadblocks and are not able to finish the development.  They currently have an investor who is willing to complete the plan, but to complete those requirements, he will need to re-align the boundaries that will put the lots into two different parcels.  He would maintain the one building and the other buyer would buy the other lot where the rest of the buildings are.  The new buyer will finish the project as was approved. 

 

It was stated that the Town Engineer had no problem with this.  The Water Dept. said he will need to get a second meter.  The Town Attorney had a problem with the actual legal description, but Mr. Korgenski explained that the legal description was for the other lot.  He has since confirmed it and found that there was no problem.  Mr. Korgenski had a legal document so the parking, which was originally approved, will be adhered to.  Mr. Korgenski will also show a definition of responsibility and who will maintain the buildings, which will need to be reviewed by the Town Attorney.

 

Commission Member Huefner made the motion that we approve Bear Country Village’s re-alignment of the borders on the two lots.  We recommend to the Town Council that they accept it based on the conditions that we have our Town Engineer review the dedication of reciprocal easements and approve them, and that we have an engineered drawing on a Mylar to be recorded prior to the final approval of the Town Council.  Commission Member Bills seconded the motion.  All in favor and the motion carried.

 

LIGHTHOUSE POINTE SUBDIVISION, Phase I, Kent Fisher

 

Mr. Fisher showed a new plat of Lighthouse Pointe Subdivision showing the Fire Marshall and Attorney blocks. 

 

Dave Stringham said the sewer line has not been designed yet and they will need to make some adjustments.  Mr. Fisher said he might make the sewer for the PUD flow into one spot.  Mr. Stringham said he won’t hold up the project.  They will work with it as they make the design available.  He may need to adjust to help make it work.  Mr. Fisher will have his engineers contact Mr. Stringham.

 

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Commission Member Huefner made the motion that we recommend to the Town Council that we approve the Lighthouse Point Phase I Subdivision Final on the condition that the checklist be completed to the Town Engineer’s satisfaction per his letter and also that the discussion items for the attorney be addressed, and water and sewer.  Commission Member Smith seconded the motion.  All in favor and the motion carried.

 

Commission Member Smith said that being on the transportation board, they are trying to provide access to the national forest from Sweetwater and to the beach.  Even though it’s not Mr. Fisher’s responsibility that people from Sweetwater get across the highway down to the beach.   Pickleville Playhouse is very congested and the customers park on the road.  He wondered about getting an access on the front of his subdivision.  Mr. Fisher said his property, either the subdivision or the PUD, is not close to the Pickleville Playhouse.  It’s on Kimball Lane.  3rd West comes along the side where there will be access.  

 

Bobbie Corey showed where they would like the access.  Mr. Fisher said he doesn’t own the property they’re looking at.  It’s Ellouise Satterthwaite that owns that property.

 

Commission Chairman Seamons wondered if he could plan to have an access to help with any access they’ll need in the future. 

 

It was mentioned that beach access is going to be a big problem.  The homeowners association in Sweetwater has been talking about getting an access to the beach.

 

Ms. Coray said it makes everyone’s property more valuable if there’s beach access.

 

VILLAGES AT LIGHTHOUSE POINTE,  Kent Fisher

 

Commission Member Huefner made the motion that we recommend to the Town Council to approve the PUD, Phase I for Villages at Lighthouse Pointe with the conditions that they meet the requirement listed by Sunrise Engineering, the Attorney and the Town’s water department and that they meet the checklist requirements of the PUD checklist.  Commission Member Bills seconded the motion.  All in favor and the motion carried.

 

Mr. Fisher questioned the master water meter for PUD’s.  He wondered why each individual residence can’t have their own meter.  Commission Chairman Seamons suggested him talking with our water operator, Travis Hobbs, to discuss that with him.

 

Mr. Fisher questioned the permit for the lighthouse.  He wondered if he needs special approval if he stays within the requirements.  Commission Chairman Seamons said they recognize the lighthouse as a building and he will need to go through the building permit process, not back to Planning & Zoning.

 

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LAKEVIEW MANOR, PHASE I, Ryan Rogers

 

Commission Member Smith excused himself from the Planning Commission due to a conflict of interest.

 

Commission Chairman Seamons said we need to address and clarify the accesses, especially where there is a PUD inside a Subdivision.  Essentially, we’re coming through Elk’s Ridge and Harbor Village for the access.  Frank Smith said he’s a partner with this and there is access.  Commission Chairman Seamons said we need to have the easement shown on the final plat and how it goes through the other subdivisions. 

 

Mr. Smith said Harbor Village is just a secondary access.  Commission Chairman Seamons said the accesses need to be open at all times.  The gate up there is now locked.  Mr. Smith agreed that it needs to be opened.  Commission Chairman Seamons is worried about the access because after they’ve been given approval and haven’t shown where their accesses are, and try to get a building permit, people might say they don’t want the people going through there.

 

Mr. Smith said the master plan of the subdivision showed the road going through.  Commission Chairman Seamons said it still needs to show on the final plat how someone will get from the public roads, through the subdivisions, and to their PUD.  They’ll need to have that on the title report.

 

Mr. Smith said there will be a primary and a secondary access.  It will be written in the CC&R’s that they would prefer them to use one road over the other.  They have about 40 amenity packages to be used.  Commission Chairman Seamons said he just wants to make sure there is something showing the road all the way through and that it will be recorded with the plat.  It needs to be on the final plat.  Mr. Smith said they are trying to keep the traffic down in Harbor Village.  Commission Chairman Seamons said there needs to be an entrance and an exit.  There shouldn’t be a distinction between primary and secondary accesses.

 

Commission Member Huefner said there’s a reason for 2 accesses.  Commission Chairman Seamons said people are going to take a path of least resistance.  He just needs to show the right of ways to the roads.  He wants to make sure everyone has access to their property.

 

Commission Member Ballingham said the accesses need to be accessible and maintained.

 

Commission Member Ballingham made the motion to recommend to the Town Council that we approve Lakeview Manor with the following requirements:  Platted documentation in getting the accesses and that those accesses are to be passable at all times.  In addition, a requirement that the definition be recorded with the county as well as the information given to the town for his representative of legal documentation that

 

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provides that information.  Commission Member Bills seconded the motion.  All in favor and the motion carried.

 

PRELIMINARY APPROVAL FOR SEASONS RESORT, Rod Thompson/Troy Oldham

 

Mr. Thompson explained that they are doing a gated, 104 Condominium subdivision at 100 N. 100 W through to 300 W.  They will do 2 phases.  The parking will be self-contained and have internal traffic circulation.  They have changed the looks of the exterior.  They will have bike paths, parking for boats, a swimming pool, etc.  They want to make this a very nice place.  There will be granite, hardwood floors, room rentals, and an office.  There will be a two-car garage and one garage option and carport, two and three bedroom units, with a possibility of a fourth bedroom unit.  There will be a number of different elevations and styles of the buildings.

 

Commission Chairman Seamons said they will need to be sensitive to off-street parking and provide plenty of parking.  They said each unit will have parking with auxiliary pocket parking and a large overflow for parking.   He said they will meet the requirement of 30% by having 22% of actual buildings

 

Commission Chairman Seamons said it looks like a nice project. 

 

Mr. Thompson said for the fence, they would like to have a 6’ cinder block rock wall or vinyl fencing.  They want something that can’t be seen through.  They are including some commercial also.  They want people to know this is a resort area.  They would like to be a boon to the area.  There will be an entrance on each end.

 

Commission Chairman Seamons said they will need a plan for an emergency, a button to let the emergency services in.  They may also work with Penny Fox and Susan Hayward for their commercial area to maybe look the same, with possibly an access for the residents of the area to pass through.

 

Commission Member Ballingham wondered about people purchasing property and then renting it out.  Renters bring up way too many people.  He wondered about sufficient parking where the plat shows only 10 parking spaces.  Mr. Oldham said there is actually 40 stalls that are 22’ deep, large enough for boat trailers and each unit will contain 4 parking places with an auxiliary parking lot.  Commission Member Ballingham suggested when they promote being able to rent these out, having a limitation on the extra curricular vehicles they can bring up.  Also regulating a length of time vehicles parked.  It should be regulated as per unit.  There will be no RV hookups and no camping trailers allowed.

 

Commission Chairman Seamons is concerned with the roads dead-ending on the north and south.  He would like them to check with the fire district for their regulations for turn-around.

 

 

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Mr. Thompson said the HOA will maintain the office for people if they want to rent.  Commission Member Smith said the rental agreement needs to be in the CC&R’s.

 

Commission Chairman Seamons said they will go through the Town Council to go through the water process, storm drainage and sewer retention.  There is a checklist for final approval.  Commission Chairman Seamons said if they do those things, it will help them have everything and the process will go much faster.

 

Bond requirements are through the Town Council.

 

Commission Chairman Seamons said they do want to see a more detailed landscaping plan, what they want to do on the fence and final elevations, etc.

 

Commission Member Huefner said she is happy to have the walking and biking paths.  It looks great.

 

Commission Member Ballingham made the motion to accept the preliminary plat of the Season’s Resort with the following provisions as well as those outlined in the ordinances:  Meet all the criteria of a PUD prior to bringing in the final plat, follow-up with the Fire Marshall and receive his approval as to their layout, and they provide better information on the final plat indicating more regarding to actual fencing and landscaping and finally, they strongly recommend to put in the CC&R’s that they do protect the homeowners that live there year round by limiting the number of vehicles, boats and trailers allowed per unit.  Commission Member Huefner seconded the motion.  All in favor and the motion carried.

 

ORDINANCES

 

Ordinance #07-15 - 11E-200 Definitions.   Commission Member Huefner made the motion to recommend to the Town Council to approve the original cul de sac roadway definition.  Commission Member Ballingham seconded the motion.  All in favor and the motion carried.

 

Ordinance #07-24 – An Ordinance to allow a Condominium development within the Single Family Zone.   Commission Chairman Seamons said he is not okay with the ordinance.  A condo shouldn’t go in that zone.  He would rather have someone come in for a re-zone and see if the use would fit within that zone.

 

Commission Member Huefner made the motion to recommend to the Town Council not to include the condo development within a Single Family Residential Zone.  Commission Member Bills seconded the motion.  All in favor and the motion carried.

 

Ordinance #07-25 – An Ordinance to allow a Condominium development within the Multiple Family Residence Zone.  Commission Member Ballingham made the motion to

                                                      -Page 7-

recommend to the Town Council to approve the ordinance to allow a Condominium development within the Multiple Family Residence Zone.  Commission Member Bills seconded the motion.  All in favor and the motion carried.

 

Ordinance #07-26 – An Ordinance to allow a Condominium development within a Recreational Residential zone.  Commission Member Ballingham made the motion to strike item B  - from 11C-1403 Conditional Uses and add to the Conditional Uses, Item G from 11C-1402 Permitted Uses and strike that from the Permitted Uses section. Commission Member Huefner seconded the motion.  All in favor and the motion carried.

 

Ordinance #07-27 – An Ordinance to allow a Condominium development within a Community Commercial zone.  Commission Member Ballingham made the motion to add item E to 11C-1502 Permitted Uses within the Community Commercial zone stating that a Condominium development will be allowed as long as it meets the PUD ordinance   requirements and that we strike item M from the Conditional Use Permits under 11C-1503.  Commission Member Bills seconded the motion.  All in favor and the motion carried.

 

Ordinance #07-28 – An Ordinance to allow a Condominium development within a Highway Commercial zone.  Commission Member Ballingham feels condominiums shouldn’t be along the highway.  He feels we’re creating more traffic along the highway.  Bobbie Coray said studies have shown that crime rates go down when someone is in a building 24 hrs. a day.  Commission Chairman Seamons said as the land prices climb, and storeowners are paying for their building,  it will be easier for them to live above their store and allow them to have a single family home.  He suggested that we re-visit this through a Public Hearing if we change it.  He would like to address this in the Community Commercial zone.  It wouldn’t be considered a Condominium.  There is nothing else that addresses this type of building.

 

There was discussion that the Highway Commercial zone is not even created yet.  As we continue to grow, we need to make sure it’s addressed.  Commission Chairman Seamons suggested that we remember the General Plan and have the zones along the highway as a corridor, and we could have the highway zoning there.

 

Commission Member Smith said the highway is a scenic byway and we have a responsibility to make that a highway commercial zone.

 

Commission Member Ballingham made the motion to strike item C of 11C-1602 indicating that a condominium development is allowed in a highway commercial zone.  We do not want his to be allowed in the highway commercial zone.  Also, at a meeting in the future, we will re-address the highway commercial zone and define and designate an area that will be indicated as the highway commercial zone within Garden City.  Commission Member Huefner seconded the motion.  All in favor and the motion carried.

 

 

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Ordinance #07-29 – An Ordinance to allow a Condominium development within the Beach Development zone.  Commission Member Ballingham made the motion to accept item E in 11C-1702 that a condominium development will be allowed and must meet the Planned Unit Development ordinance under permitted uses in Ordinance #07-29.  Commission Member Bills seconded the motion.  All in favor and the motion carried.

 

GENERAL PLAN DISCUSSION

 

Commission Chairman Seamons said he and Mayor Hansen met with Rick Fawcett of Whisper Creek Homes in a Bear Lake County meeting.  Mr. Fawcett had sent out a big questionnaire throughout the county.  It was interesting to see how the county responded.  The biggest thing they want is jobs.  They also talked about housing.  When you allow for jobs, where do you put the people?  Bear Lake County is really looking at the Garden City area and the potential for jobs and construction, but housing is an issue.  Mr. Fawcett has committed to being here and show what he can do to support us.

 

Those who are riding the bus from Montpelier to Garden City are pleased.

 

Commission Chairman Seamons said we are all in one geographic area and we’re all going to need to work on this together.  Even Randolph and Woodruff will be affected.  Commission Member Huefner said that’s where the affordable housing will be.  Commission Chairman Seamons said he’s so excited to have someone with expertise and knowledge to work on the general plan.  He asked the Planning & Zoning to come to the meeting and help with input when Mr. Fawcett comes to Garden City.  Even the public, please come and voice your opinions so they can get a grasp on what we want from the county.

 

Commission Chairman Seamons suggested that if they need some money, he’d personally go out and help find people to donate.  He’d be happy to do that.  Commission Member Ballingham agreed.

 

Commission Chairman Seamons said we need to work with the county, but it would be nice to be part of the council with Bear Lake County. Laketown and Randolph should be invited to be a part of this.  We should do this as one entity.

 

Resignation

 

Commission Chairman Seamons said he will be resigning as of tonight.  However, he would like for Sweetwater and Swan Creek to become a part of Garden City.  There are talents outside of Garden City.  We are all one community here.  All the decisions that are made affect everyone and we need to get full participation.  He appreciates being able to work with the Mayor.  It’s been an enjoyable experience.  He also appreciates everyone here for their help.

 

He will be applying for the position of the county Planning & Zoning.

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Road to National Forest

 

Commission Member Smith talked about a road in Elk’s Ridge that was left opened to the national forest and was not recorded or surveyed.  He’s owned the property for 10 years and has never seen a document showing the road.  He didn’t know it went with his

property.  His agreement with the town was to leave an access to the forest.  He suggested to the county commissioners that in the future, they might consider surveying them and letting people know they’re there.  The commissioners weren’t worried about it.  They said they would worry about it if they come to a meeting.

 

Commission Chairman Seamons said a big part of getting some support is voicing your opinion. 

 

ADJOURNMENT

 

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

          

 

 

APPROVED:                                              ATTEST:

 

 

 

__________________________________   ____________________________________

Planning & Zoning Chairman                        Assistant Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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