Meeting Minutes


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, June 6, 2007 at the Garden City Office Building located at 145 W. Logan Rd.  Chairman Seamons opened the meeting at 6:50 p.m.

 

Commission Members Present:

 

           Jared Seamons, Chairman

           Frank Smith

           Greg Bills

           Jennifer Huefner

 

Others Present:

 

           Sharlene Millard                                          Brian Lyon

           Merle Spence                                             Brian House

           James Jensen                                             Penny Fox

           Janet Jensen                                               Susan Hayward

           Donald L. Hunt                                           JoAnne Andersen

           Bobi Clark                                                  Veronica Stucki

           Lawrence Clark                                          Joey Tenhoeve

           Kathy Johnson                                            Ryan Rogers

           Rulon Crosby                                             Jason Welch

           Doug Thompson                                         Elizabeth Seiler

           Anita Weston

          

 

SUBDIVISION OF DUPLEX,  Greg Sheehan

 

Commission Chairman Seamons explained that this duplex is in Foothill Estates and Mr. Sheehan wants to subdivide it.  He asked if there was any public comment.

 

Mr. James Jensen, who owns Lot 17, read from a letter stating this subdivision is not in the best interest of the residents in Foothill Estates.  He’s worried that the duplex will become rental units.  They do not want this in their neighborhood.  He feels the original intent of the duplex was to provide additional property for single-family homes but will depreciate present homes.  He feels the developer is asking for forgiveness not permission because the building is already built.  This should have been handled before it was started.  He would like the town to fix the roads in Foothill Estates and make sure they all have sewer connections.

 

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Mr. Lynn Hilsman, who owns Lot 20, said there is only one septic tank for both houses.  He wondered how that would be subdivided.

 

Mr. Don Hunt said he has offered to buy one side of the duplex and wasn’t aware there was a problem.  He would like to know what there is to know about this.

 

Commission Chairman Seamons said this meeting is for public comment.  The decision will be made in the following regular meeting.

 

Mr. Lawrence Clark said he owns 2 ½ acres in Foothill Estates.  They all knew when they built, that they had to have ½ acre to build on.  Mr. Sheehan is now asking for ¼ acre per unit.  That’s not sufficient and if he is approved, will continue building this type of project.  There is an ordinance that there should be so much property to have a house on. 

 

Ms. Veronica Stucki said she just bought a home and feels ½ acre is small for a home.

 

Commission Chairman Seamons asked if there are CC&R’s for Foothill Estates.  The owners said no.  It is a recorded subdivision.

 

There was a question of building requirements allowing this.  Commission Chairman Seamons said it would have gone through the normal process of the Building Inspector.

 

Commission Chairman Seamons said if you follow the zoning ordinance, there are permitted uses and conditional uses for each zone.

 

Commission Member Smith said this is why we have CC&R’s within the subdivision.  It helps to regulate what goes on inside the subdivision.

 

There was discussion as to which zone the duplex is in. 

 

ORDINANCES

 

Commission Chairman Seamons asked if there was any comment on Ordinances #07-14 or #07-15.  There was no public comment. 

 

Commission Chairman Seamons said the Planning & Zoning and the Town Council is working to continue to refine the process of supporting ordinances so it’s more in alignment of what the city wants.  These ordinances will either be approved or disapproved tonight, so we are having a Public Hearing to get public comment on them.

 

Council Member Seiler said since we’re changing Ordinances #07-15 and #07-17, we need to make sure they’re in alignment with #07-20.

 

There were no comments on #07-16, #07-17, #07-18, #07-19, #07-20.  Ordinances #07-21 and #07-22 are for Town Council’s discussion and approval.

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Commission Chairman Seamons said we can’t make a decision tonight on Mr. Sheehan’s project unless we know what the zone is.  They feel it’s Recreational Residential but would like to make sure.

 

 

 

APPROVED:

 

 

 

_______________________________________________

Jared Seamons, Chairman

 

 

ATTEST:

 

 

 

_______________________________________________

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, June 6, 2007 at the Garden City Office Building located at 145 W. Logan Rd.  Chairman Seamons opened the meeting at 7:25 p.m.

 

Commission Members Present:

 

           Jared Seamons, Chairman

           Frank Smith

           Greg Bills

           Jennifer Huefner

 

Others Present:

 

           Sharlene Millard                                          Brian Lyon

           Merle Spence                                             Brian House

           James Jensen                                             Penny Fox

           Janet Jensen                                               Susan Hayward

           Donald L. Hunt                                           JoAnne Andersen

           Bobi Clark                                                  Veronica Stucki

           Lawrence Clark                                          Joey Tenhoeve

           Kathy Johnson                                            Ryan Rogers

           Rulon Crosby                                             Jason Welch

           Doug Thompson                                         Elizabeth Seiler

           Anita Weston

 

Commission Chairman Seamons said he is in the position to vote tonight because of the lack of members.

 

APPROVAL OF MINUTES

 

The minutes of the regular meeting of May 2, 2007 were presented.  Commission Member Huefner made the motion to accept the minutes as written.  Commission Member Bills seconded the motion.  All in favor and the motion carried.

 

The minutes of the Public Hearing of May 2, 2007 were presented.  Commission Member Smith made the motion to accept the minutes as presented.  Commission Member Huefner seconded the motion.  All in favor and the motion carried.

 

 

 

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REVISION OF FINAL PLAT FOR COTTONWOOD SUBDIVISION,  Rulon Crosby and Doug Thompson

 

Mr. Crosby said this was previously approved, but Mr. Larsen is no longer a partner.  Mr. Larsen had a problem with Hodges Canyon Rd and wanted it to be resolved before he proceeded with Cottonwood Subdivision. 

 

Mr. Crosby said he has presented a plat that maintained the original plans as close as possible.  He hoped the Planning & Zoning Commission wouldn’t make him start from the beginning to get this approved.  He is now presenting a 4-lot subdivision and can’t afford to have a 50’ wide paved road and is proposing a 28’ gravel road serving the 4 lots.  This road will intersect a private graveled road that will go over existing lands deeded from Mr. Larsen, Mr. Elliot and the Mecham brothers.  They have allowed them to put in a 28’ gravel road from the end of their lane along up the existing deeded land that was intended for a right of way to Hodges Canyon Road.   It is just a temporary plan until the intersection for Hodges Canyon Road and 100 W. will be complete.  They will then be happy to donate 50’ of the right of way and participate in a pro-rata basis in the cost of paving the road. 

 

Mr. Crosby said they could install an 8” sewer line and possibly a 14” water line across their property to tie into 100 W.  They would like to accommodate any of the city’s plans for the development and the intersection.  He hopes the commission can give them the approval tonight so they can go to the Town Council for approval.  He believes they have come up with a concept that shouldn’t penalize the town in any way to accommodate the surprising development with his partner.

 

Commission Chairman Seamons asked Mr. Crosby to look at the letter from Sunrise Engineering of June 5th; these are all the items that need to be addressed.  The engineer has pointed out a few and Mr. Crosby has already addressed some of those.

 

Mr. Crosby questioned an item about the right of way.  He said the 28’ street should qualify.

 

Commission Chairman Seamons said the addresses are on the plat.  Mr. Crosby said the storm water drainage systems were originally approved.  It just doesn’t have Mr. Larsen’s part.  Commission Chairman Seamons said that is still needed as well as the Power System.  There is no canal running through this property.  There was discussion about the difference between a right of way and a roadway.

 

Commission Chairman Seamons said they would require a 30’ right of way because that’s what they’ve required in the past on similar projects.  Mr. Crosby is okay with that. 

 

Commission Chairman Seamons said before this is recorded, the Mayor and the Planning Commission will check the Mylar to make sure all the changes are on the final plat and that all the requirements have been met.

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No water rights have been turned over to the town for water.  Mr. Crosby said he wants water from the town and understands that he needs to pay for it, but is still being worked out by the town council and engineer.

 

Mr. Crosby said the fire hydrants will be shown and will be in the same place as their last plat.

 

Commission Chairman Seamons said we’re working to raise the bar within the town to improve the process by which the developers and others are coming for approval.  We’re just asking that when they come for approval, to have everything required ready.  If things are not ready, we’ll just tell people to come back when everything’s all-together.  He understands that this is a special circumstance with Mr. Larsen backing out of the project.

 

There was discussion about needing a cul de sac.  Mr. Crosby showed that he would like to use a “hammerhead” instead of the turn around circle.  He would be happy to provide the circle, but it takes a lot out of the land.  Commission Chairman Seamons said he likes the idea, but it’s not permitted in the ordinance so it can’t be approved that way.

 

Mr. Crosby wondered if there was any way to give approval based on the few items that need to be done.  Commission Chairman Seamons said no, it’s too much of a process. 

 

Commission Member Huefner doesn’t feel that we could give approval because there are too many things that need to be done.  She doesn’t feel comfortable with that.

 

Mr. Crosby explained that he doesn’t know if Mr. Larsen will want to continue the partnership very soon.  He would like to get this approved during this building season.

 

Commission Chairman Seamons said it has been the intent of the Planning & Zoning to get this process down to a more smooth and fluid movement.  This is the determination of the board tonight:  All those things required by the city engineer, and anything else required under normal circumstances, such as showing the fire hydrants and the drainage etc., need to be shown on the map.  When it’s brought back, we can give you an approval.

 

Commission Chairman Seamons said this area is growing exponentially.  In order to do our job properly, the only thing we are requiring from developers is that they bring the required documentation with them to the meeting, so when this board reviews, it can be a very simple process.  You’ll have all the requirements that we need.  That way you can do your job, we can do ours and it can be approved.

 

Mr. Crosby asked if all of these things could be completed soon, could it be approved?  Commission Chairman Seamons said they could call a special meeting.  Developers need to come in and be prepared.  It makes the  process so much easier.

 

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FINAL APPROVAL FOR PHASE I, LAKEVIEW MANOR,  Ryan Rogers

 

Commission Chairman Seamons asked Commission Member Smith to remove himself for a conflict of interest.  There is no longer a voting quorum but Commission Chairman Seamons would like to discuss some items with Mr. Rogers.

 

Commission Chairman Seamons wondered if there is an agreement with the landowners next to them for access across their property.  Mr. Smith said yes, the McCord’s.  Commission Chairman Seamons said they will need to have a copy of the access agreements with the landowners before the approval can be given.  The right of way agreement will need to be recorded with the plat.  We can’t allow a subdivision to go in without agreements for access.  Mr. Rogers said they couldn’t do a subdivision without the agreement either.

 

They will wait until then to go over the checklist.  Commission Chairman Seamons asked them to go through the checklist and make sure all is there.  He has reviewed it and only had a couple minor questions on it.  He feels it may be a smooth process.

 

SUBDIVISION OF DUPLEX IN FOOTHILL ESTATES,  Greg Sheehan

 

Regarding the question of the zone, JoAnne Andersen said she has tried to call Marilyn Adams, but couldn’t get a hold of her.  She has information in her office that says there are CC&R’s for Foothill Estates, but they’re very general and minor.  She said it is zoned Recreational Residential.  The lot is 21,000 sq. ft. and is plenty large for this project, but as far as she understands, once a subdivision is recorded, you can’t subdivide within it.

 

Mr. Sheehan thanked everyone for coming and showed pictures of his duplex.  He said he purchased this lot last year.  Prior to purchasing it, he communicated with Kathy and Sharlene with the town and was told that it was an approved use within the subdivision.  He wants to develop affordable, good quality housing.  He was told by the realtor that we need affordable housing, so he wanted to do that, but make it good quality.  The duplex will have garages, fireplaces, stone, and tile on the interior, the interior walls are 2 x 6 construction and rebar enforced.  He’s tried to make it an affordable but very nice home and feels he’s done that.  He met with the Bear River Dept. of Health and they recommended the septic that met their requirements.  He was charged 2 sets of impact fees and has two water meters.  He has always intended to sell them separately and has never made it a secret.  This is not a non-conforming use.  It is permitted, approved and has been inspected all the way through.  He has the Certificate of Occupancy. 

 

Mr. Sheehan didn’t realize there was trash being blown around. 

 

All the setbacks have been met and approved through the Building Inspector.  He can work on the road to help with the ruts.  He hasn’t seen any covenants that would restrict this. 

 

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Mr. Sheehan has talked with the town attorney.  His only concern is how the two owners would interact.  He was comfortable with the concept of this.  The survey work has been done.  The engineer didn’t have any issues with the structure.  Mr. Sheehan has prepared the covenants and gave the Planning & Zoning a copy of them. 

 

Mr. Sheehan said he built the duplex within the requirements of the town.  If he’s not allowed to sell them, he’ll have to resort to making them rental properties.  That would also conform with the town’s ordinances. 

 

Commission Member Smith said they could have an agreement with someone and buy the duplex together, then take turns using it.  You’d have to be sure you got along with each other however.

 

Commission Chairman Seamons said we’re in a bit of a quandary because the duplex has already been built.

 

Commission Member Bills said he understands how this fell through the cracks.  The definition is a little vague.  If a twin home is brought into an area and the building permits have been issued, it’s under the original intent that they will be for rent.  It would be better to have owners.  He thinks owners would take better care of the property.   The concept behind the twin homes is that you own it and rent out the other side to supplement your income.  It’s a gray area.

 

Commission Member Bills said he would be very skeptical to approve this.  It would open Pandora’s box, especially where it’s within a subdivision.  He thinks for future development, and prior to any building permit being issued, it should be stipulated what it’s being used for.

 

Mr. Sheehan said if this is subdivided, it would look no differently or operate no differently.  Commission Member Bills said but many others will want to subdivide this way and it may cause problems.  Mr. Sheehan understands.

 

Commission Member Smith said having a duplex is a great idea, but we have to have a way to deal with that through the ordinances.

 

Mr. Sheehan said when he had separate connections for everything and paid the fees for them, he thought it would be fine.

 

Commission Member Bills asked if there was one address issued or two.  Mr. Sheehan said the Building Permit only had one address.

 

Commission Member Smith said the difference between a town home and a condo is;  a condo is you own the walls, on a town home, you own the land under it.

 

 

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Commission Member Huefner said our policy has been that we don’t subdivide within a platted subdivision.  She doesn’t see how we can subdivide something within the subdivision.  She doesn’t think we have the ability to subdivide it.  She wondered about talking with the attorney.

 

Mr. Sheehan said he’s talked with the attorney, he’s fine with this.

 

Commission Chairman Seamons said he would like to have the time to talk with the Mayor about this.  The building has already been built.  We’re dealing with a situation that should or should not have gotten to this point.  He wants to make sure it has legal standing, and not just have a decision made with pressure from the developer or adjacent property owners.  He wants to make sure when this board makes the decision, it’s the right one.  We’ll speak with the town attorney and make sure we’re in alignment.  We’ll check with the county etc.  He knows Mr. Sheehan has done his homework, now we need to do ours in making the right decision and not a decision we’ll regret down the road.

 

Mr. Sheehan feels that would be appropriate.

 

Commission Chairman Seamons said he’ll talk with the Mayor and the Attorney by next Friday.

 

Mr. Sheehan said his desire is not to have rental properties.  His goal is to see owners.

 

Commission Chairman Seamons would like to have more members of this board here to participate in the decision also.

 

ORDINANCES

 

Ordinance #07-14 is for the Town Council to make a decision.

Ordinance #07-15 regarding cul de sac’s.  There was a discussion about suggested changes and the difference of listed roadways.  Ordinances #07-16 and #07-17 – no changes made.  #07-18 changed to Manufactured Homes instead of Mobile Homes.  Ordinance #07-19 – no changes.  #07-20 is for the Town Council to make a decision.

 

Commission Member Huefner made the motion that we recommend to the Town Council to approve Ordinances #07-15, 07-16, 07-17, 07-18 and 07-19 with changes made.  Commission Member Bills seconded the motion.  All in favor and the motion carried.

 

GENERAL PLAN DISCUSSION

 

Commission Chairman Seamons said he talked with Mike Fawcett of Whisper Mountain.   They are seeking for funding to help us get this done.  We could spend endless hours working through this.  He feels we’re changing ordinances and even though our intent is good, we’re running in circles.  He sees an opportunity to help make this community

 

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even better than it is now.  In talking with Mr. Fawcett, and other commission members throughout the valley, he feels Garden City is just now coming into a whole new phase. 

 

 

Living here and being a part of the community, and becoming more “green” conscious adds a lot of validity and social consciousness of who we are.  He would like us to be more thoughtful of the environment through building and landscaping.  If Park City had had the opportunity 20 years ago, it would even be more successful than it is now.   We have an unbelievable opportunity to be conscious about that.

 

Commission Member Huefner said people that come to Bear Lake feel like they’re away from the city and going back to nature.  We just naturally think of taking good care of what we have, even though we are going to grow.  We should make provisions in the general plan and also start relying less on the county and making more plans for the town for services.  It would be nice to have a recycling program. 

 

Commission Member Seamons said there are many towns in California that that’s just what they’re known for.  It would really put Bear Lake on the map by being an example of doing something right. People would know us because of us being more green friendly.  He feels we could be active in this and stake claim to that in our general plan and feels it would absolutely change Bear Lake.

 

Commission Member Smith said we can really do something more different and build more efficient homes. 

 

Commission Chairman Seamons said we can decide what we ultimately want Bear Lake to look like.  We can get people excited to be part of the community because we are more green friendly.  He would even like to have an open market in Garden City every Saturday.

 

Commission Member Smith said it would be nice to have more parks for children.  There’s so many ways to be green i.e. catching rainwater for the use of watering trees, etc.

 

Commission Chairman Seamons said it would be great if we put a lot of trees around town.  It would give more shade, oxygen, etc.  We are Garden City and we can be green conscious.

 

Commission Member Smith said it would be good to have some volunteers come in and explain how to be more “green” conscious. 

 

Commission Chairman Seamons said Mr. Fawcett will be good to pick our ordinance apart and he’ll do it fast so he can get paid.  Each Planning & Zoning board has been working on the ordinance, but now we have a group that can really support us in this and do it right.

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MISCELLANEOUS

 

Commission Chairman Seamons was okay with the changes on the checklist.  Commission Member Huefner asked about trying to have the attorney and engineer fill out their own checklists.  She feels it’s confusing having all the checklists and trying to combine them for each project.

 

Change of Meeting Date for July

 

It was determined that July’s meeting will be held on July 11th, 2007 because of the holiday.

 

Two-Family Dwelling

 

Commission Member Huefner wanted to have this on the agenda for next month.

Commission Member Bills said for a duplex, there are certain building regulations that need to be met, i.e. fire blocks.  He thinks any two-family dwelling is a duplex.  Most duplexes have one owner and they rent to two different people.  Commission Chairman Seamons said the reason they do that is because you can’t get title insurance unless you sell them individually.  There needs to be two tax ID’s for two separate dwellings.

 

ADJOURNMENT

 

Commission Member Bills made the motion to adjourn at 10:00.  Commission Member Huefner seconded the motion.  All in favor and the meeting adjourned.

 

 

APPROVED:

 

 

 

______________________________________________

Jared Seamons, Chairman

 

 

ATTEST:

 

 

 

_______________________________________________

Assistant Clerk

 

 

 

 

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