Meeting Minutes March 2005
MINUTES OF THE
PLANNING & ZONING COMMISSION
MEETING OF GARDEN CITY, UT
The Garden City Planning and Zoning Commission held their regularly scheduled meeting on Wednesday, March 2, 2005 at the Garden City Office building, located at 145 W. Logan Rd. Commission Chairman House opened the meeting at 7:00 p.m.
Board Members Present:
Brian House, Chairman
Sharlene Millard Ken Hansen, Mayor
Randy Erickson Donna Hansen
Doug & Cheryl Madsen Ian and Jane Campbell
Troy Petersen Rock and Judy Holbrook
Mike and Carmen Madsen Newell and Garnet Sorensen
Cherie Henderson Brent and Pat Nickerson
Serena Henderson Nancy Fry
Steve, Carrie and Colton Hislop Curtis and Brandon Moldenhauer
Ivar Akre Nate and Jessica Ward
Joan Akre Dan and Donna Peart
Stan Millard Dustin and Danelle Wasden
Leslie Harris Cameron Pullan
Martie Harris Orville Hagerman
Sue Lutz Wayne Winder
Brent and Diane McMaster Tammy Johnson
Merlin and Karen Goeckeritz Susan Schnetzler
Matthew and Linda Goeckeritz Richard Schnetzler
Becky Green Mark Lee
Tom Weston Dale Stacey
Ned and Tammy Calder Ben Negus
Bob and Jane Betley Pat Argyle
Kip and Richard Armatage Paul and Kathy Webb
Kari Roemer Larry and Margaret Satterthwaite
Scott and Deenna Tolentino Fae Dalke
JoAnne Andersen Norm Weston
Josh and Andrea Andersen Art Fanconi and wife
Brandon Cook Paul and Dotti Nance
Barry and Elaine Negus Clint and Connie England
Gene and Iris Cook Hyrum and Lorri Lantz
Joey Tenhoeve Sue Ann Lantz
Sharlotte Wride Mike and Carrie Knapp
Larry Gray Rich Smart
Mike Leonhardt Vince Lantz
Frank and Sabrina Smith Amanda Lundahl
Jon White Rusty Hoth
Don and Jay Christopherson Dennis Bullock
OATH OF OFFICE
Nate Parry was sworn in as a new member of the Planning & Zoning Commission. He will replace Lisa Hunt, who resigned from this position.
SUBDIVISION APPROVAL, Brent McMaster
Mr. McMaster explained that this subdivision request was submitted months ago but there was a question on the easement which has now been moved 40' from the wetlands and 25' closer inside the lot. The easement will also be 40' from the highway. He showed a map showing the easement going into both lots. The original easement is the one farthest from the road.
Commission Member Bourne made the motion to approve the plans. He said it looks good to him. He=s stepped it off and it avoids the wetlands. Commission Member McFarlane seconded the motion. All in favor and the motion carried.
CONDITIONAL USE PERMIT, Dan Peart
Mr. Peart passed out a packet of information explaining the boarding school program and showing success stories. He introduced the people with him as Cameron Pullan, Orville Hagerman and Tammy Johnson, who are associates and partners in this program. He appreciates the opportunity to talk with the Planning & Zoning. Mr. Pullan said he operates a boarding school in Montana which he feels is successful. He showed pictures and explained the program they have there.
Mr. Peart said he has been in this business for 18 years.
Mr. Hagerman said he=s been in education his whole life. The schools begin small and they grow. The operating budget is $1-2,000,000 a year. Once in full operation, they would generate
about $4,000,000 a year. The money generated will come from out of state. The parents of the students will come for workshops, where they will use area hotels, restaurants, recreation spots, etc. along with the school members and parents spending money here in town. He believes 75 new jobs will be needed. Many of these jobs can be filled from our community. They use a special curriculum. The kids have struggled in private schools from boredom, attention deficit, lack of motivation or structure, and poor family or peer example. They must achieve a minimum of 80% proficiency in school. The staff will be trained for state requirements as well as the schools requirements.
Ms. Johnson said they take full responsibility for any problems. They also have security. They welcome service projects for the students. They want to be involved with members of the community. This school would be for high school kids. The doors to the school have alarms on them. The kids don=t walk the streets. They learn respect and accountability. He recommended looking up their website and talking to people listed there. The websites are: www.blueslide.com or www.midwestacademy.net.
Mr. Peart welcomed anyone to come to Majestic Ranch.
Commission Member Maynes asked about the wage projections on 75 new jobs. The employment would be year round. There are minimum wage jobs. There are also jobs which would pay approximately $24,000 a year. At the school in Montana, a cook can make $8-12.00/ hr.
Commission Chairman House opened the discussion to the Planning & Zoning Commission members. He explained that questions from the audience may come later.
Commission Member Hodges asked if they have other schools in a town. Ms. Johnson said yes, Cross Creek Manor is in LaVerkin. She said they didn=t put much information on their application, but the type of academy which would be here is for behavioral problem kids. A therapeutic school is above a boarding school. It=s for kids that are not to a point of lockdown or medicated. The kids are having a hard time and heading down a hard path. Their parents see that they won=t make it to college because they are doing things such as skipping classes and not following rules. They haven=t been to juvenile court. They don=t have police records and are not placed in the school by a court. If there is drug use, etc., they are not allowed in this school. Ms. Johnson said the governor just signed the Senate Bill #107, Monday. The school will soon be licensed under a therapeutic boarding school.
Ms. Johnson explained that the kids are disciplined by using basic detention or discharging them from the facility. They have different levels which the students work at improving. There are special needs rooms for those who fight. Then the school needs to decide if they=re going to keep them or not.
They are supervised 24 hrs. a day. They=re in a closed campus where there will be a fence around the building. They can leave with supervision. They can open the door, but an alarm will go off. The fences are for privacy purposes. Custody battles happen and they need to protect the kids rights and safety.
Commission Member Hodges read some statistics from a letter which showed past problem calls made to the sheriff=s department from Randolph concerning the boys ranch. She said our law enforcement is usually in Randolph. We don=t have a deputy here in town. Our town also doesn=t have an emergency service. The closest is in Laketown.
Commission Member Bourne asked about the ages of those who would be here in the school. Ms. Johnson said the ages range from 12 to 18, 15 being the average age. Some kids are here for 6 months, some up to two years.
They will honor the lease for those who are presently leasing from Canyon Cove. They would eventually like to use all of the buildings for their school.
Ms. Johnson said people are fearful of kids stealing cars. She said the school will take responsibility. They have an insurance policy and someone that will take care of the student. They have a contract with the student that anything that is damaged, they will take care of it. She said it=s called accountability.
If one of the students come up missing, they have a structured plan that is used. They look for the kids and also call the sheriff. They are actively involved.
The school has a psychologist and therapist that work with the students. Some students are on medication. There are also doctors there that give physicals. The teachers are fully accredited.
The parents of these students choose Majestic Ranch for the structure and values they give the kids. It gives them a good start into adulthood. They also work with the parents, not just the kids. They teach them to communicate.
When the students get to the age of 18, they receive a diploma. Most of the kids will go right into college and are successful.
Mr. Pullan said the price of the school is $3,000 a month. They picked this town because the motel is already for people to live there. They would like to add a gym and have grassy areas for fields. The school would be similar to a high school or junior high with fencing around the facility. There won=t be barbed wire to keep the students inside.
The students won=t be going to classes by themselves or wander around the campus by themselves. They work on independent schooling, using their own curriculum.
The school will operate 6 days a week - year round. There is a 4 to 1 ratio- to- a 6 to 1 ratio of students to leaders. In the evenings, the ratio changes to 8 to 1. Meals are done cafeteria style.
Mr. Pullan said they would like to put this school in Garden City more than Randolph. It=s in a pretty close area to the Salt Lake Valley. They have programs in New York, Jamaica, Iowa, Montana, and St. George. They prefer small communities because it=s humbling for a student to come to a small community when they=re used to large cities. He said they want them to have a different view of life than what they=re used to. Having the connections to the college in Logan is also nice.
If an incident comes up, they would call a sheriff. They also have a resource officer to help, which is also used for high schools.
Commission Member Maynes said the sheriff=s jurisdiction would be a problem where Idaho is only 4 miles away. He said we=ve got too much information to digest tonight. He would like them to bring in a comprehensive plan on how the Rich Co. Sheriff and Bear Lake County Sheriff would coordinate if they needed to. He is also concerned that the hotel would be taken out of existence. He said it=s our only hotel.
Mr. Pullan said they can make a better list within the next day or so.
Commission Member Hodges asked about the Majestic Ranch near Randolph, it=s not that far away. What would go out there? Mr. Pullan said that school is for elementary/jr. high age. That age of students and the high school aged students don=t work well together. They don=t want the kids to feel like they=re rejects, etc. They would like this area because of our programs, drama, etc, which is good for kids.
Commission Member Hodges explained that Garden City doesn=t have any type of proms, drama, etc., Randolph has the High School there.
Mr. Pullan said in order for this to work, the community has to be open to this idea. Majestic Ranch has a past and the community is looking at that. It=s a lot different now than it was 10 years ago. This is a new vision with new philosophies. Majestic Ranch once took kids that were in custody of the state. These kids are all voluntarily put there by their parents. It=s a completely different set up. The students now fit this criteria.
Commission Member Maynes said this will be a hard sell to sell this to the community. He suggested they do some PR work and change the list a bit. We need more information and more time to study this. We want to know what this will do to our tax base, such as with the Resort and Bed tax. We need to see what it will do to our town. He said you=ve got a hard sell, but he=s okay with it. Also, the senate bill #107 has not been signed by the governor yet. It=s up for review.
Commission Member McFarlane said there are 55 to 70 people at Majestic Ranch right now. Their experience is way out of town. This will be in the middle of town and on only 5 acres. There=s a swimming pool, but only 5 acres for that many kids. She wondered if they needed more space.
Mr. Pullan explained that the students can go off grounds every other week if their status level is low. They would leave mostly for activity. They could go to the ice cream shop, skiing or to Logan. In the summer, there=s the lake they could go to.
Cross Creek Manor in LaVerkin has 400 students and they manage. It=s been there for 16 years. The kids may participate in parades, etc., but they wouldn=t be leaving on a daily basis.
Mr. Pullan said the staff resides at the facility such as a fireman=s schedule; 2 days on, 3 days off, etc. They also see the benefits of coming here as the students can participate in summer activities, clean up highways, work with nursing homes. He=s not sure of what=s available here or even what the population is.
Ms. Johnson explained that in some areas, the kids feed the whole town for Christmas, help with town decorations, celebrations, Huckleberry Days, nice floats for parades, or they do a carnival for kids. Montana has really enjoyed how the kids have enhanced their area. They have a choir and have raised $80,000 for the high school every year. They=re active in the Chamber. They educate kids, that=s what they do. They would like to provide these opportunities to this town also.
Commission Chairman House pointed out that the Canyon Cove Motel is currently in the Community Commercial zone. In this zone a boarding house is not a permitted use. His feeling is that we can=t change the use because we need a hotel more than we need a school. He doesn=t feel that the Planning & Zoning can make a decision about this tonight.
Mayor Hansen said he doesn=t think we can afford distracting what is in this community. It=s taken a long time to get where we are now. He don=t feel we have to lock our cars and doors. He doesn=t think we=re willing to modify our lifestyles in any shape or form. If something happens, we know you=ll deal with it, but it changes everything. The town has worked hard on getting the 3rd West corridor. The Planning and Zoning should consider the impact of future buyers wanting to locate their businesses on that corridor. There may be benefits from having the school here, but the long term reasons people come here are for recreation. Right now, the property values are rising. He would hate to see that stop. People here have waited and worked hard for a long time. There needs to be a lot of thought into this decision. He said he=s disappointed with the law enforcement service for this side of the hill. There is also no real close ambulance service. We lack this for our community. There needs to be a commitment of Majestic Ranch to do a study themselves. They=re telling us the best case scenario. We would deal with the same type of teenagers as in our own homes. He suggested the Planning & Zoning work together and study this out.
Council Member Gray questioned the student to teacher ratio. He said if they are the trusted kids, wouldn=t the ratio be more like 12 to 1. The training is done by them and it=s their curriculum as to what they might need. The senate bill #107 addresses standards, but they=re not going to set up the training. They would do it according to their needs. He said a kid needs control. He asked how they=re trained to handle kids when the ratio is 12 to 1, or even 4 to 1?
Mr. Pullan said they use the Mandt method. The kid would be restrained if he needed to be.
Council Member Gray asked about the situation of runaways in Randolph. Mr. Pullan said a couple kids this winter made it to the junction. No law enforcement was involved. 6 members of the staff were searching. There has only been one incident in three years that they made it to where they were going. They can=t say that there will be no runaways. These kids would rather be home than with us. They=re not perfect. Their parents are required to go to seminars.
Commission Member Hodges questioned the law summary report from 1995 to 1997 and 2002. She asked about the incidences reported to police while in Randolph. Mr. Pullan explained that it is a different type of facility now. It was less of a family involvement program. He asked everyone to keep an open mind. He said there has been involvement with the sheriff=s department. But, the incidences have decreased greatly. There are things in the High School now that we wish wasn=t going on.
Council Member Leonhardt stated that this town is a recreational place for 3 months of the year. All it takes is one incident. There is a campground right next door to the Canyon Cove. Their customers could have their vehicles. Then what would happen to that business? No one would eventually come. They=re very concerned about that. This is a recreational town. We don=t have those problems now and we don=t want them.
Mr. Pullan said most people are probably leaning towards no. He said that=s understandable. We can get more statistics later. Maybe this won=t work out. We don=t want to create havoc. We want to work with the town. We can=t guarantee that things like that won=t happen. We won=t lie to you. We are here for education. We work with teenagers. We just wanted to have the opportunity to present ourselves and invite you to go to Majestic Ranch and see the kids. They=re great kids.
Mr. Pullan invited those here to visit Majestic Ranch. He said having the business here would bring in a family or more every week. He said he doesn=t think this would work well in this town. He would like to pull out of this and having it here. He said he appreciates all of their time.
Commission Member Hodges made the motion that we deny this request solely on our ordinance book, where we don=t have a zone for a boarding school.
Motion died for lack of second.
Mr. Pullan said he has withdrawn this request. Mr. Peart said he will never bring this back to Garden City again.
Commission Chairman House said he appreciates all the community members, commission and sheriff members coming. He appreciates their involvement.
Commission Chairman House recessed the meeting for 5 minutes so those who wanted to leave could.
REZONE, Troy Petersen
Doug Madsen explained that Steve Hislop currently owns Lot C-10 in Foothill Estates. Mr. Madsen and Mr. Peterson would like to put up a storage facility on that lot. They didn=t realize there was a new Architectural Standards ordinance which will make it harder, financially, for them to build a building to store their equipment in. They would like to change the zone from Community Commercial to Manufacturing to make it fit their needs better.
Mr. Hislop wants to take 15' on the west end for a right of way. Lot #C-9 will also have a right of way. There will be a road between Lots C-9 and C-10. Mr. Madsen said they=re not giving a true right of way. They are going to go ahead and keep it the way it is. Mr. Peterson said there will be a 15' easement for Mr. Hislop to get to his shop.
Lot C-9 is used as a parking area for the dance place. Mr. Hislop said everyone uses the road on a daily basis. If the HOA were willing to provide rock, etc., they could put in a new road. But he can=t shut both roads down.
Mr. Madsen doesn=t think the road is an issue right now.
Commission Member Hodges said the Planning & Zoning Commission has been involved with the Architectural Standards ordinance. The ordinance was just passed and in light of what is re-iterated here tonight, it was to improve that area. She said she stands by this ordinance. She doesn=t want to make this lot an island of a Manufacturing zone solely for circumventing the Architectural Standards ordinance.
Mr. Madsen doesn=t think the ordinance would need to apply in that area. There are already 5 other metal buildings around him. Their building would stand out if they had to use the Architectural Standards. Mr. Peterson said if they have to have a log shop, it will be a fire hazard. Commission Member Hodges said the Architectural Standards is based on what we want the town to look like.
Commission Member Bourne said he was also a part of the Architectural Standards ordinance. He suggested starting with Lot #23 and going to #C-6 and making all of that area a Manufacturing zone. He said he=s talked with homeowners in that area and they wouldn=t mind, but they would like restrictions on what could be done in the Manufacturing zone.
Mr. Peterson said he=s not trying to change a Residential zone to Manufacturing. He didn=t think it would be much different than a Commercial zone.
Mr. Hislop said there ought to be a place where a small businessman can build a business. Currently there=s not a Manufacturing zone anywhere. Mr. Peterson said the only road to that lot isn=t a county or city road.
Mr. Hislop said there should be one spot in town that someone can put in a metal building. Commission Member Hodges said we=re setting a precedence. If we do it for you, we=ll have to do it for the next guy.
Commission Member Bourne said we need to be fair with everyone. That=s why he would like to create a larger zone of Manufacturing. It would be a place for more people to go with that type of business. He said if we include all of these lots, then we=re not just dealing with a favor for one person. Most of the buildings in that area are already metal buildings.
Mr. Hislop wondered about the present use of his building not being permitted in a Manufacturing zone. Commission Member Hodges explained that he would be grandfathered as of now. If he does anything different in the future, he would have to comply with the Manufacturing zone requirements if this is approved.
Commission Member Maynes said Mr. Hislop already has a Conditional Use Permit on all 3 lots of his property. It was stated that Mr. Hislop=s Conditional Use Permit states that it=s for Lot 23, not all three lots.
Commission Member Maynes said the Planning & Zoning has allowed Scott Bessinger to add to his Conditional Use Permit. We could do that for Mr. Hislop.
Nate Ward said the new standards will be expensive and the building won=t be worth as much because he=s surrounded by metal buildings.
Commission Member Hodges said if we do it for him we=ll have to do it for others.
Commission Member Bourne said we need to make that area into a Manufacturing zone.
Mr. Peterson thinks the others businesses won=t want to put their business in a Manufacturing zone. They=re already established. Commission Member Bourne said we=re not really changing anything other than not being subject to the Architectural Standards.
Commission Member Maynes said for Mr. Peterson to build to the standards, it will make his building far above what is already there. Commission Member Hodges said it=s setting a precedence.
Mr. Peterson said it boils down to the circumstance.
Mr. Hislop has had all 3 lots for years. Now if he wants to build a new building on one of those lots, it has to be built within the Architectural Standards. He doesn=t know if he can afford it.
Commission Member Bourne said we have worked for 6 or more months on the Architectural Standards with no input from the public. Not one person came in, and now we have all this opposition.
Mayor Hansen said there was discussion of the possibility of amending the standard because we didn=t anticipate this problem. He believes there may be something that can be addressed. He thinks that imposing the standard for that area for one person is difficult. It may take some time, and may not work with Mr. Peterson=s timeframe, but if we took the ordinance back under consideration and amended it properly, maybe we could help make this work.
Commission Member Wride said she doesn=t know how we could do it.
Council Member Leonhardt stated that the standard started for 3rd West and it grew to be throughout the whole town. We may need to revisit it and stick with the standards being only for 3rd West. He agrees that there have been several meetings and no outside input.
Commission Member Wride said the committee was an advisory committee. They advised and it was passed.
Mr. Madsen agreed with Council Member Leonhardt. He said they should have been more of a part of the community. That type of ordinance is going against the people who have been here a long time. We do need to upscale things here, but this has gone too far. Mr. Hislop said we need to have an area that a small business owner should be able to start a business.
Frank Smith said maybe there could be a compromise with only using logs on corners, etc. It would serve the purpose. He wondered if the two zones could be blended, so that he could still build a metal building.
Commission Chairman House said we all like Mr. Peterson, but we can=t just give an exception to him. He=d have to go to the Town Council if he doesn=t like out decision. Mr. Peterson said he was told to come here by the Town Council. He said there=s nothing in the ordinance saying that you can=t make an island of a zone.
It was stated that property owner, Jon White, who owns the Inn, is concerned if the zone is changed to Manufacturing and the business is sold to someone else later on, it would change what is permitted and also change the value of the property. Mr. Peterson said unless there are conditions to follow. He also said he=s not doing anything that isn=t there already.
Commission Member Hodges said she stands firm about not creating an island.
Commission Chairman House said the state statute doesn=t allow islands.
Mr. Hislop asked if the Architectural Standards could be modified so that Mr. Peterson could still build a building and have it work?
Commission Chairman House said the process would start by going to the Town Council to amend the Architectural Standards. The Planning & Zoning can=t amend them. There will be a process to go through, which may be at least 2-3 months. Mayor Hansen said the amendment part is not something that will work, but may be the best solution.
Mayor Hansen said not having a Manufacturing or Industrial zone is a problem. He was hoping the Architectural Standards would have stayed with 3rd West, not throughout the whole town.
Commission Member Maynes suggested giving 30-45 days for people to show the lots they think should be exempt from the standards, or islands for zones. A committee, chaired by the Mayor, should be able to assist and evaluate the lots and then that would be the end of it. That way it could be revisited. All applications need to be made, brought to the committee, discussed and decisions made. After that, the standards will stand.
Commission Chairman House told Mr. Peterson he could always go to the Variance Board.
Commission Member Maynes said he wouldn=t have a problem with a few outside changes on the front to make it look like he=s following the Architectural Standards. He suggested Mr. Peterson look through the ordinance and see what he could do with his building. That would be the quickest way to do this. Trying to go through a re-zone would take longer.
Mr. Peterson said an ordinance like that should have been sent out by mail. Mr. Hislop said they=ll figure out what they need to do.
Mr. Peterson said his building would be engineered for wind and snow load. It will be a really nice building.
Commission Member Bourne said he has talked with the homeowners and they don=t want any raw materials stored there and all equipment stored inside. Mr. Peterson said the only thing that would be outside would be a dump truck and maybe a trackhoe. That=s the whole purpose of the back building. The pitch on the roof wouldn=t work for him either. Mr. Peterson said his building would be engineered for wind and snow load. It will be a really nice building.
Commission Member Wride said the standards committee said no steel siding because they don=t want metal buildings all over. Mr. Peterson said his lot is not even on 3rd West, or a main road.
The Planning & Zoning Commission said they understand, but they can=t bend the rules for everyone.
Mr. Hislop said they=ll check the Architectural Standards and look at their options. He asked what they could do other than that. Commission Chairman House said they could look at ways to amend the ordinance, which the process would be to come to the Planning & Zoning, have a Public Hearing, then Town Council for approval. He apologized to Mr. Hislop and Mr. Peterson. He didn=t think about this type of business coming in when they approved the standards.
PUD, LOCHWOOD AT BEAR LAKE MARINA, Dennis Bullock
Jay Christopherson and Dennis Bullock are requesting to put in a PUD just south of Harbor Village. Jay Christoperson said he has created the Cobblestone buildings in Cache Valley. Dan Christopherson is the builder.
Dan Christopherson said he feels it=s very important for a community to have a sense of place. This place is beautiful and he has a vision that goes along with that.
He likes to create a sense of arrival at this community. The plans show a double entry, where there will be a single entry on the highway, which UDOT suggested and an entrance off of 3rd West. There will be a common area with clubhouse and pool. It will also be highly landscaped. It will create a neighborhood feel to the community.
There will be a HOA, which fees will include snow removal and maintenance of amenities.
Dan Christopherson showed what he has done in Cache Valley and how it looks. Their development is just east of Macey=s. He said landscaping is a key part of making the community beautiful. This will also create a great neighborhood in Garden City.
Jay Christopherson referenced the earlier discussion about Architectural Standards. He said people come in with a metal building and all they=re putting up is a square box. There=s many ways to add character. He encouraged the Planning & Zoning to keep up their standards. He said depending on the width of the building, there=s a point where you can start pitching the roofs and they look like barns. Some schools don=t want to have to clean the snow off the roof, so they let it fall off by the pitch on the roof, or by using a parapet, etc. He thinks we should have a sense of unity in our community.
Jay Christopherson said he likes the rock look. He uses a 6:12 pitch on the roofs in his subdivisions. He uses earthtone colors and exterior materials that last. He uses stucco with wood trim. He said if you use too much wood, it doesn=t hold up very well. It eventually needs to be painted.
He wants to add shutters for the windows, and planter boxes. He says it adds a lot of character. A sense of entry is a must. There is an open area in the back to throw a football. He wondered
what would be needed in a seasonal area. There will be shops and stores with upstairs living
space and a pool that could be rented for lessons, kayacking or fishing demonstrations which would add to the community activity. He wants to create something that will help the community and make people want to come here.
He will need a small office for real estate needs.
He is design conscious. He would like to have trails and places for people to have picnics and look at the lake while being near the canal. The walking trails would be the number one amenity.
Dan Christopherson said one way to get all the information is to answer any questions the Planning & Zoning might have. It=s not a typical subdivision. The lots are smaller. He uses a different profile on the street. It=s a new urban type without curb and gutter. It=s a swail with rock and vegetation to give a country feel. It also absorbs surface water, which is becoming more important.
Commission Member Hodges said his plan looks very nice. We have something similar in town already. She said it=s a PUD and the Planning & Zoning will need to follow the guidelines and go through the steps. There was a pre-meeting. We do need a plat showing the actual setbacks, size of lots, drainage, canal easements, dumpsters, utilities, fire protection. We need maps with all dimensions. Mr. Christopherson said this is only a conceptual plan. Those will come with the preliminary plans.
Commission Member Bourne would like to have the Christopherson=s do a soil study on the canal before anything is approved. The Town Engineer needs to look at the study.
Jay Christopherson said the units by the canal will have a different plan. They will have a garage on the ground floor and the main level above it. He wants to make it attractive. This project will be done in phases. He also wants to make it marketable.
Commission Member Hodges said as far as concept, density and open space, it meets all the criteria.
Mayor Hansen wondered how marketable this could be. He said the legislation is starting to see that PUD=s are causing people to be Agrouped@ instead of bringing everyone together. He wondered if Mr. Christopherson had heard anything like that. He said it=s classifying people. Dan Christopherson asked if we felt a gated community was needed here. Mayor Hansen said probably not. If there are seasonal people there, they might like the sense of security.
Jay Christopherson said he likes to put in gates for aesthetic reasons. It causes a little intimidation.
Dan Christopherson said in a sense, that=s what they=re trying to create.
Mr. Bullock said it=s also a way to blend the ATV trail and the bike trail. Mayor Hansen liked that idea.
Commission Member Hodges questioned the plans. She said there=s no overflow parking. If people come to Bear Lake, they bring boats, ATV=s, etc. Jay Christopherson said there are 4 parking spaces per lot. A place in back for boats. Their covenants will be so that they can=t leave a boat there for a long time.
Dan Christopherson said the streets are wide enough to bring toys through. There will be space for 2 cars inside the garage and 2 outside.
Commission Member Hodges asked showing on their map where the dumpsters will be and how the waste will be taken care of, so there won=t be an area that=s an eye sore.
Council Member Wride said she has driven through the Cobblestone community. It was lovely.
These gentlemen have been working with UDOT, which concerns her because she=s over roads. She=s wondering how she can have 3rd West meet the highway. She thinks the way they have 3rd West intersecting Highway 89 is fine, but it hasn=t been approved by the engineer yet. UDOT has told her that we have to do an impact study. If during any one hour, anytime during the year, twenty cars go through there, we will have to put in a left-hand turning lane. We will have to pay for the study and the new road. She was told the entrances have to be 600' apart. Jay Christopherson said it=s 300'. They need to find out the correct one.
The Harbor Village entrance will be impacted by this, so we need to make sure it will work. Council Member Wride asked Mr. Bullock where the bike path and the ATV trail will be through Harbor Village. Mr. Bullock said Harbor Village is a separate issue.
Council Member Wride said if UDOT requires us to have a right-hand turn lane, that will impact our ATV trail and the bike trail. They will have to try and make this work. She=s working with UDOT and the engineer. There are issues that need to be resolved.
Commission Chairman House said as far as the concept goes, they meet the open space, entrance, exit is a question, the entrance to Harbor Village should be shown as to how not to do it. The engineer needs to look at the drainage, and see the actual plats. 3rd West will be an issue. The PUD will be for year-round use. He would like them to show extra parking somewhere, regardless of already having 4. They also need to show where fire hydrants and dumpsters will be located. They will need a copy of the CC&R=s. The canal company has the right of way with the canal.
Commission Member Maynes said there are 40' roads which needs snow removal. Their plan will need to show easements. The canal will have seepage. They will need to have the study done to make sure it won=t break. This year will be a test when runoff the comes. There is a 33' easement from the middle of the canal. They will need to work with the canal company for any crossings over the canal. He would like to see an agreement for 3rd West. Also a letter of credit for each phase, with one or two bids so we know we=re covered.
Commission Member Bourne gave them the new requirements for power from UP&L.
They already have a copy of the PUD ordinance.
Mayor Hansen said he would like to meet with them and the water operator to talk about water.
Commission Member Hodges asked if the town has sufficient water for this development. Mayor Hansen said we=ll know shortly. Our engineer is figuring it up.
Commission Member Wride said they will adding a new community and if it increases traffic by 20 cars a day, UDOT gets involved.
Commission Member Parry made the motion to accept the conceptual plan as presented. Commission Member Bourne seconded the motion. All in favor and the motion carried.
All property will be owner owned.
BUSINESS DISCUSSION, Amanda Lundahl
Ms. Lundahl said she is thinking of putting in a dollar store. She has two locations in mind; one lot between Pickleville store and the Pickleville Playhouse, and one lot by the car wash on 3rd West - North. Each lot she=s thinking of buying is a commercial lot. The Planning & Zoning said both lots are zoned Commercial. They told her to come in and apply for a Conditional Use Permit. She=ll need to get a copy of the Architectural Standards for her building. It=s a permitted use, as long as they=re not preparing food.
For a Building Permit, she=ll need to fill out a Building Permit application and bring the plans to the Building Inspector, making sure it will meet the Architectural Standards. She will also need to bring plans to the Planning & Zoning to show what she=ll be doing.
Commission Chairman House said we=ll postpone the approval of the ordinances for our Planning Meeting.
MANUFACTURE ZONE DISCUSSION, Troy Petersen and Steve Hislop
Commission Chairman House invited Mr. Petersen and Mr. Hislop up to discuss the Manufacturing Zone.
Mr. Petersen said they=re just trying to make something work. He said he needs to be able to have a place to park his trucks. He=s had a 3rd baby and needs to get an office somewhere else. He=s not opposed to decorating up the front. He just wants it to look nice. He doesn=t want to spend a lot of money on it.
Commission Member Maynes said the town needs to decide if the Architectural Standards meet the zone. He doesn=t see how that will happen very soon. He still thinks people should come in and say why their lots are exempt from the Architectural Standards. Have a committee of Planning & Zoning members and Town Council members to discuss and make the decision. He=s open to suggestions. He understands that it=s difficult when the subdivision is almost complete. The roads in Foothill Estates are a problem, but there=s nothing the town can do about that.
Commission Member Maynes advised Mr. Petersen to decide which avenue he is willing to pursue. The fastest thing to do is to put something in the front of his building to help meet the Architectural Standards. Mr. Petersen said the ordinance just changed all of his plans. He doesn=t want a metal building with stucco on top of it.
Commission Chairman House said the decision can be appealed to the Town Council.
Mr. Petersen said he=s not trying to go over anyone=s head. His business is just as important as anyone elses.
Mr. Hislop said he didn=t think this would be harder than the boys ranch to bring in.
Council Member Wride said one reason this was on the agenda was that Town Council recommended that the Planning & Zoning determine where they want a Manufacturing zone. She asked if they want one and where. Mr. Petersen and Mr. Hislop said there is a need for this type of zone.
Commission Member Hodges said she doesn=t have a problem with Mr. Petersen doing this. She said the landscaping requirements may be reduced when unreasonable. They are flexible on that.
Mr. Petersen asked how many other lots do there need to be to be zoned Manufacturing. Commission Member Hodges explained the previous Community Commercial lots on Bear Lake Blvd. that were turned down so there wouldn=t be an island. Mr. Petersen said he=s not doing anything bad up there. He explained the parking lots and old brown metal buildings that are next to the highway and the eye sore they are.
Council Member Wride said the storage buildings will have to adhere to the Architectural Standards if they add their new buildings.
Mr. Petersen said he=ll have to have time to decide what to do. He doesn=t want to come back and find out he doesn=t have everything.
Mr. Petersen asked if he couldn=t use the approval Mr. Hislop had on his lot? The Planning & Zoning said no, it would be a new person with a new use.
Commission Member Maynes said this Manufacturing zone affects more people than just Mr. Petersen. It also affects Bryan Burr, himself, etc. The surroundings should also be thought of. He=s more concerned with setting a precedence.
There was a question about amending the ordinance or giving 30 days to study this on a case by case situation. Council Member Wride didn=t think it would work.
Mr. Petersen said he=s already got a cost breakdown. He=s ready to roll. He doesn=t see following the ordinance to a tee. It=s not worth it he said. He=s not putting up this building to make money. It=s not in the middle of town. He feels this would be the safest area to put his equipment. The reason he=s putting in the back building is to keep things indoors. He thinks being in town it would look nicer to have the equipment inside. He=s also putting gravel on the ground.
Mayor Hansen said everybody is right here. If we make a precedence, it will come back to haunt us. The Planning & Zoning would like them to be able to put this building up, it=s just a legality.
He said he=s seen little companies where they get to the point of being on their own and we should have a place for them to be.
Sabrina Smith said there does need to be an Industrial or Manufacturing area. The jobs they would create would be year round jobs.
Frank Smith said it=s a good compromise to put a little wood on the outside of his building.
Mayor Hansen said the town does need to give everyone due process. The ordinance was created to preserve the integrity of the town, but could be amended.
Nancy Fry said if you=re going to make a Manufacturing area, that would be a good place. There are already so many metal buildings there. She thought creating a standard for the Manufacturing zone would be a good thing to do. She thinks the Architectural Standard need to be re-defined.
Commission Member Hodges recommended that when an area is being annexed, some of these zones should be in the annexed area.
The Planning & Zoning wondered if they could legally open up the Architectural Standards at the Planning Meeting.
Nancy Fry asked about areas in the RDA and them getting financial help with adhering to the Architectural Standards.
Mayor Hansen said he felt good about the way the meeting was handled with the Boys Ranch.
The minutes of February 2, 2005 were presented. Commission Member Maynes made the motion to accept the minutes with changes made. Commission Member Bourne seconded the motion. All in favor and the motion carried.
Commission Member McFarlane made the motion to adjourn at 10:50 p.m.
Brian House, Chairman Assistant Clerk