Meeting Minutes 2006


MINUTES OF THE

PUBLIC HEARING OF

GARDEN CITY, UTAH

 

The Garden City Planning & Zoning Commission held a Public Hearing on March 1, 2006 at the Garden City Office Building located at 145 W. Logan Rd.  Commission Chairman House opened the Public Hearing at 6:45 p.m.

 

Commission Members Present:

 

            Brian House, Chairman

            Jared Seamons

            Lance Bourne

            Jennifer Huefner

            DJ Ballingham

 

Others Present:

 

            Sharlene Millard

            Randy Erickson

            Mike Leonhardt

            Elizabeth Seiler

            Robyn Thomas

            Curtis and Brandon Moldenhauer

            Ted Wilson

 

BRIDGERLAND PLAT G, PHASES 1-3,  Ted Wilson

 

There were no comments or questions about the approval for Bridgerland Plat G, Phases 1-3. 

 

ADJOURNMENT

 

Commission Chairman Brian House closed the Public Hearing at 7:00 p.m.

 

APPROVED:                                                               ATTEST:

 

 

 

 

______________________________________        ______________________________

Brian House, Chairman                                     Assistant Clerk

 

 

 

 

 

THE MINUTES OF THE

MEETING OF THE

PLANNING & ZONING COMMISSION OF

GARDEN CITY, UTAH

 

The Garden City Planning & Zoning Commission held their regular meeting on Wednesday, March 1, 2006 at the Garden City Office Building located at 145 W. Logan Rd.  Commission Chairman House opened the meeting at 7:00 p.m.

 

Commission Members Present:

 

            Brian House, Chairman

            Jared Seamons

            Lance Bourne

            Jennifer Huefner

            DJ Ballingham

            Troy Petersen

            Frank Smith

 

Others Present:

 

            Sharlene Millard                                               Krista Klein

            Randy Erickson                                                Ken Hansen, Mayor

            Mike Leonhardt                                                Ursula Smith

            Elizabeth Seiler                                                 Norm Mecham

            Robyn Thomas                                                 Bill Shupe

            Curtis & Brandon Moldenhauer                        Merlin & Karen Goeckeritz

            Ted Wilson                                                       Paul & Kathy Webb

           

 

CHAIRMAN VOTE

 

Commission Member Bourne made the motion to nominate Brian House as the Chairman over the Planning & Zoning Commission.  Commission Member Seamons seconded the motion.  All in favor and the motion carried.

 

Commission Member Huefner made the motion to nominate Jared Seamons as the Vice Chairman over the Planning & Zoning Commission.  Commission Member Ballingham seconded the motion.  All in favor and the motion carried.

 

FINAL APPROVAL OF PLAT G, PHASES 1-3, BRIDGERLAND VILLAGE, Ted Wilson

 

Mr. Wilson read through the letters sent by the towns engineer and attorney.  He questioned item #2 on the attorney’s letter.  Commission Chairman House thought hewas referring to Payne Springs and feels Mr. Wilson has met that obligation.  Mr. Wilson said his agreement is in place to purchase the water out of Swan Springs and said he is allowed 180,000 gallons per minute.

 

Mr. Wilson is working with Utah Power to help with the tank.  It will take the next couple of years to complete and will be located on the top of Rocky Point.  There will be a pressure reducer coming downhill.  The pressure reducing station will be in phase I, and is #5 in the engineers cost.  He’ll pump the water to a reservoir through a dedicated line into Plat A, B and C, to a companion reservoir.  He intends to enlarge the tank by  150,000 gallons.

 

Mr. Wilson will contact his engineer and the town engineer to work out the other problems mentioned in the letter.  The storm drainage was also mentioned in the letter.  He said it will be on the property lines and naturally flow to the natural drainage.  The piping should be adequate for any high drainage years.

 

Commission Member Seamons asked about the grade of the roads.  Mr. Wilson said he’s allowed 10% with short segments of 12%. 

 

Building Inspector Erickson reminded Mr. Wilson that the town needs to have their engineer inspect the roads before the water is in.  Mr. Wilson said he’d call and make the arrangements for his engineer and the town engineer to inspect the roads.

 

Commission Chairman House read from the requirements for a subdivision.  There was discussion about him having no retention ponds and no pavement.  The street names have been approved by the county.

 

The legal description for his property needs to be changed.  All water lines will be 8” main lines with 6” lines to the hydrants.

 

Mr. Wilson said he’s put in a 30’ easement in Phase 3 for vehicles to get to the groom trail.  His Letter of Credit will be submitted with the final.  He plans on doing Phase II first.

 

The road for Phase 3 will be finished to town standards.

 

Commission Member Bourne made the motion to approve Plat G, Phases 1-3 of Bridgerland Village subdivision.  He said one area of road will exceed the 10% for a short distance.  The water contract with the town will be done.  The legal description needs to be changed.  The letter of credit, with cost estimate needs to go to the town engineer.  Commission Member Ballingham seconded the motion.  All in favor and the motion carried.

 

 

LEGRAND JOHNSON, Bill Shupe

 

Mr. Shupe said he did get the company’s blessing to build a new building.  He would like to get going on it.  He’s replacing the batch plant with a newer one.  He would also like to put in a storage/office facility.  He said he was told that he didn’t meet his Conditional Use Permit and asked about that.  He assumed that not having the trees was basically what was left.

 

The town hasn’t received complaints about fires.

 

Mr. Shupe said his bosses feel that having trees every 20’ will draw too much attention and wondered if they could put in clumps of trees.  They feel it would be nicer looking.  Commission Chairman House said having scattered clumps of trees would be good, if they’re live trees.  Mr. Shupe said they can’t put trees in some places because they’re still working in those areas.  The east end and south to the office have been reclaimed.  Part of the Cook piece is also reclaimed. 

 

Commission Chairman House asked if they could put in larger trees.  The other trees were very small.  Mr. Shupe said yes, and they will start putting trees in the northeast corner. 

 

Commission Member Bourne said the reason they ask to have trees is to make the property look nice.  He thought even having a nice berm or putting in rocks would be really nice.  He said the Planning & Zoning just wants it to be more attractive.

 

Commission Member Bourne feels this should be reviewed at the end of the summer.

 

Commission Member Smith asked if the pit would be filled in by the time 300 W. goes through?  Mr. Shupe said Frehner Construction was going to fill it in when they do the road.  He said he understood when the town took the land it would be filled in.

 

There have not been many complaints about dust.

 

Commission Chairman House asked about a reclamation plan.  Mr. Shupe thought it was decided that a 3 to 1 slope and re-seeding would be all right.  Commission Chairman House said a reclamation plan is more of the idea of what the place will look like in 100 years.

 

Commission Member Smith said he’s seen places where they have reclaimed gravel pits into city parks and soccer fields.  He said they look really nice.

 

Mr. Shupe said the new plant will be quieter and cleaner than the existing plan.  It’s a portable 15 year old plant.

 

Mr. Shupe said he likes evergreen or blue spruce trees, that way, no leaves get in their cement.

 

There was more discussion about having clumps of trees.  It was suggested putting 3-5 trees in a clump and mixing the spruce and leaf trees, as long as it’s not against the nuisance ordinance for trees.  It would be nice to start by Mike Green’s home and coming to the corner on the east and across the east end, finishing with the south end.  The clumps could be in a random order.  Mr. Shupe said he will experiment with a berm the first part of this fall.  There was discussion to review the progress of requirements in November, 2006.

 

It was stated that not much of the storage belongs to LeGrand Johnson.  Mr. Shupe was asked if they could ever do what they do in half the space.  He said they probably could.  Commission Member Smith said half of the pit could be used by the town for a park or something and used as a tax write-off.  Mr. Shupe said not actually.  There is some good material still in the pit.  The east end will be the first to be finished off.

 

The building will be lap siding on bottom with vinyl on top.  It will be a tan color, the roof will be a charcoal color.  The building will go by the new plant.  The old buildings will be moved.  There should probably be some rock, stone and brick there also.

 

 Commission Member Bourne feels if he goes with the vinyl, it will clean up better and the cement could be sprayed off easier.

 

Mr. Shupe asked if they have thought about putting in an industrial area and not have those buildings adhere to the architectural standards?  Commission Member Smith explained that the architectural standards were started for new buildings along 3rd west, but slowly grew to be for the whole town.

 

Mr. Shupe said he has some blocks with cut stone finish.  He wondered about putting slab wood half-way up with vinyl on top.  It would have the cedar shake look.  He knows his employers won’t pay that much for rock.  The slab wood will work for him.  He wants this to look good.

 

Commission Member Petersen made the motion to accept the building of LeGrand Johnson’s with the conditions to meet the landscaping design that was talked about.  We will review the landscaping in November.  Commission Member Huefner seconded the motion.  All in favor and the motion carried.

 

KOA, Curtis Moldenhauer

 

Curtis Moldenhauer showed the master plan that his brother, Daniel, had brought in previously.  They would now like to add 5 more cabins for this summer.  They will be the same type as what is there now.  The cabins will have heat and air conditioning.   These are already on their master plan.  It won’t put them over their required density.  Mr.

 

Moldenhauer said they still have quite a ways to go before their density is reached.

There will ultimately be 32 cabins.  Fire Chief Mike Leonhardt asked if they have thought of putting in some fire hydrants.  Mr. Moldenhauer thought that was a good idea.

 

Commission Member Seamons made the motion to approve the addition of 5 cabins that have already been approved on the master plan for KOA.  Commission Member Ballingham seconded the motion.  All in favor and the motion carried.

 

HOLEY COW,  Krista Klein

 

Krista Klein said she thought she would have had the Health Dept. letter by now, but doesn’t have it with her.  She needs a Building Permit for wiring and wants to put in floors, countertops and an ADA bathroom.  The property is zoned community commercial.

 

She would like rough-cut lumber on the outside like Bear Lake Realty’s.  The handicap ramp will be in the back.  She will be serving Aggie Ice Cream.

 

Building Inspector Erickson said there is plenty of room for parking.  Ms. Klein said there is more parking in the back.  It will be gravel.  Her structural engineer has allotted the parking.  She won’t be using all of  the house for customers.  The rest of the house will be shut off and used for storage.

 

Ms. Klein said she’s working with UDOT for access, but it’s a 45 day process. 

 

Council Member Seiler wondered if a fence would be needed for the residential trailer to the north of the property.  She also asked about the width of the road going to the rear of the lot.  Ms. Klein said she has talked with owners and they don’t want fencing right now.  They would like to see how it goes for a year.  It would make their lot a lot smaller.

 

Council Member Leonhardt said if she’s talked with the owner, it would be good to get a letter from them stating they don’t want a fence. 

 

Karen Goeckeritz said it was stipulated for their business that they had to have a fence between commercial and residential, so she feels Ms. Klein should also have one.

 

Ms. Klein said her right of way accesses two other lots, but if the residence next to her is alright without a fence, it should be okay.

 

Ms. Klein said she has a letter from Paul Webb about him not requiring a fence.

 

Kathy Webb said the road is 24’ wide and her aunt, who is in the north trailer, is looking into getting a fence.  The customers might park in her front yard if she doesn’t.

 

Ms. Klein said she will work the fence issue out with the neighbor.

 

Commission Member Ballingham asked about the access to the lot behind her.  Ms. Klein said there is another road behind that intersects the rear lots.

 

Merlin Goeckeritz asked if the sanitation issue has been explored?  He had to pour a pad and fence it off to stop the garbage from blowing.  He also questioned the access for the garbage trucks.  Can they get in and out during the summer when a lot of people are here?

 

Ms. Klein said the dumpster is in the middle of the lot.  The garbage truck can pull in and out.  She’s not having any hazardous foods, i.e. meat.  She would like a lid on the dumpster so things won’t blow around.  She would like the cars to be out of sight.

 

Commission Chairman House said all Conditional Use Permits are different.  Ms. Klein doesn’t need a concrete slab.

 

Ms. Klein said she will get copies of the health dept. letter to the office.

 

The items Ms. Klein needs to address are:  ADA access with ramp, ADA bathroom, ADA parking and parking lot, letter for UDOT access, letter for fence, rich county sanitation with where the dumpster will be and have it drawn on her plans, health department letter, handicap access should also be on the plans, she will need to meet the architectural standards.

 

Ms. Klein said she will get new plans to the town. 

 

Commission Member Ballingham made the motion to accept the plan with above changes.  Commission Member Huefner seconded the motion.  All in favor and the motion carried.

 

VISTA REALTY, Norm Mecham

 

Commission Member Seamons stated that he has a conflict of interest.

 

Mr. Mecham said he wants to put in an addition to the Vista Realty Office.  He showed the plans.  He said it could stucco, but thinks hardboard siding would be good.  The whole addition and building will be the same material.  There are two plans because it’s a split level.

 

Commission Member Bourne said it looks like the architectural standards will be met. 

 

Commission Member Huefner made the motion to approve the addition to Vista Realty.  Commission Member Smith seconded the motion.  All in favor and the motion carried.

 

 

REZONE, Merlin Goeckeritz

 

Mr. Goeckeritz said he’s here to change the zone on his three lots in Triangle Estates.  He’s seen the protective covenants that state no lot should be used for any purpose other than residential purposes.  He’s aware of that.

 

He said he maintains that the corridor north of highway 89 will be commercial in the near future.  He said the lot just south of him will also be coming in next month for a re-zone request.  He feels this should occur.

 

Commission Member Ballingham read through the protective covenants.  He said it gives Mr. Goeckeritz an out.  #11 states that after 25 years a majority of the owners of the lots could agree to change the covenants.  He feels that is the key.  It would take Mr. Goeckeritz getting letters from everyone to change the zone.  Without that, he wouldn’t feel comfortable changing it without that.  Karen Goeckeritz thinks the subdivision was originally put in as a campground.

 

Commission Member Smith agreed.  The covenants run with the land.  It’s not our position to change the laws.  Mr. Goeckeritz will need to get letters from the majority of the property owners stating they are willing to change the covenants.

 

There is not an active HOA. 

 

Mayor Hansen said from a Town Council perspective, his concern is that there will be a precedence set to all the subdivisions in town, they can’t guarantee that other people won’t be coming in to do the same.  This is a great concern to him.  Commission Chairman House said there will be adjoining property owners that this will also affect. There needs to be some type of scale to meet to get this accomplished.

 

Mayor Hansen said he understands the zone along Highway 89, but this needs to be done so that it won’t set this type of precedence for the future.

 

Commission Chairman House said we can’t grant this request at this time.  It’s not up to the town to change the CC&R’s within a subdivision.  There are 26 lots, so the majority of homeowners that need to agree would be 14.

 

Mayor Hansen said he sees a way to do this, but it may take awhile.  He feels that the owners would be more comfortable allowing the zone to change in the front and not the back.  He said Mr. Goeckeritz could vacate the present plat and start over.  He could exclude the lots along the front and make them commercial.  The sizes of the lots could also be changed.  He would have to get a consensus from the property owners and come to the Town Council to have a legislative act to vacate the subdivision.  Then he would  

need to start all over with the Planning & Zoning to start the subdivision process.  That would be the only way not to set a precedence.

 

Building Inspector Erickson feels Mr. Goeckeritz will need 100% of everyone in the subdivision to agree.  He said he would check on that.

 

Mayor Hansen said other subdivisions won’t be in the same situation where this subdivision is along the highway and commercial property is the most popular.

 

The process was explained to Mr. Goeckeritz that he will need to petition the lot owners, come to the Town Council to vacate the subdivision, which they will approve or disapprove.  Mr. Goeckeritz will need to have a plan of what he wants to do with the subdivision, get a revised plat showing the improvements.  If it’s approved, he will go to the Planning & Zoning.  It may take 2 or 3 meetings.  We need to find out for sure if he will need a majority or 100% of the property owners to agree with vacating the plat.

 

He could replat it as one lot.

 

Mayor Hansen told the Planning & Zoning that when subdivisions are platted, we should make sure there is a mylar which the clerks will keep in the office.

 

ORDINANCES

 

Commission Member Huefner said she really liked what John Nelson said about the manufactured home ordinance last month.  She also thinks we should just do away with the present ordinance and just specify who large homes could be in town.

 

Building Inspector Erickson said that manufactured homes that are built now are just as good as stick built homes.  All the standards are met.  Mr. Nelson had said the ordinance could say a home has to have gabled roofs, so many square feet and so much of a roof pitch.  You’re not eliminating a modern standard, only the older manufactured homes that don’t meet the standard.

 

Mayor Hansen disagrees, saying if you’re building a large house and you have a HUD home move in right next to him, how can you protect yourself?  Does it go through the HOA?  The state also requires that there needs to be affordable housing somewhere in the town.

 

There was discussion about park models and where to put them in town.  Commission Member Smith thinks that and the seasonable employment housing needs to be addressed.

 

Building Inspector Erickson suggested letting John Nelson look at the ordinance and give us some suggestions on how to address the ordinance. 

 

Commission Member Seamons made the motion to send the ordinances #06-01 through #06-10 to the Town Council for approval.  Commission Member Smith seconded the motion.  All in favor and the motion carried.

 

 

LAND USE REGULATION BOOKS

 

Mayor Hansen led the discussion.  He talked about our ordinances.  He’s been wondering about hiring a professional to go through our ordinances.  He also thought we could enlist the help of the Utah League of Cities and Towns.    He said we all mean well, but  wondered if we are using the right terminology, are we being fair to everyone and could we defend it?   He wondered if they would like to make a motion to that effect.

 

Council Member Leonhardt asked if their ordinance books are not up to date,  let the clerks know.

 

There was a suggestion about making a checklist for developers.  Mayor Hansen said there would be so many checklists that we couldn’t do that.

 

 Commission Member Petersen recommends to the Town Council to get some funds and hire professional help to go over our ordinances.  Commission Member Ballingham seconded the motion.  All in favor and the motion carried.

 

Mayor Hansen talked about the Planning & Zoning getting training.  He wondered about taking the night of the Planning Meeting and schedule  training for that night.  He would like them to read a chapter from the book each month.  He would like them to learn the difference between administrative and legislative decisions.  The Land Use Regulation Book actually has cases that have gone to court.  We will need to have a recorder at the meeting, but no action will be taken that night.

 

Mayor Hansen said he or Council Member Leonhardt would lead the discussion.  We’ll just discuss what we read.  He would also like to invite other individuals to discuss and give training. He would like to invite Laketown, Randolph and Woodruff to the meeting.   He encouraged the Planning & Zoning Commission to go to any training that is available.  He feels by doing this that they’ll serve and protect our community better and respect the people that come in.

 

He asked them to read Chapter 1 out of the book.  He thanked them for being a part of the Planning & Zoning Commission.   He knows it’s a big job.

 

MISCELLANEOUS

 

Aerial and Zoning Maps

 

Commission Member Huefner asked about getting a zoning map for each member of the Planning & Zoning.

 

Building Inspector Erickson told Mayor Hansen that the county will be getting a grant to help with aerial pictures.  It’s a matching grant and we could help by paying $3,000.  It would help with better maps for our area.  It will be on the Town Council agenda. 

 

Commission Chairman House said if we can get the photos, we can do overlays and put zones on the map, then the Planning & Zoning could get an updated map.

 

Website

 

Commission Member Huefner also wondered if it would be possible to change our website so that we can do a search.  It would make it so much easier to find things.  Mayor Hansen said he would talk with our webmaster and see how hard it would be to do a query.

 

Trendwest

 

Building Inspector Erickson said he talked with Lance Andersen.  Mr. Andersen is confused as to what the Planning & Zoning wants done with the parking lot at Trendwest.  He’s wondering what they need to do to make it acceptable.  Commission Chairman House said they need to use the 2 acres they had.  Commission Member Smith said the lot isn’t all theirs.  There’s an existing parking lot that was talked about being expanded.  He suggested them using that parking lot and then turning it over to the master association. 

 

Building Inspector Erickson wondered if they would like Mr. Andersen to come to the meeting.  Commission Member Bourne said  every meeting Trendwest has come to, they’ve been told about this parking lot.  He’s heard everyone there uses this parking lot.  He feels they should all share with the cost.

 

Building Inspector Erickson said they don’t care about the cost of the parking lot.  They just need to know what the Planning & Zoning is envisioning.  We didn’t give them any guidelines.  Commission Member Smith said we talked about doubling the size of the lot that is there and turning it over to the master association.

 

It was decided that they need to come up with the size, turn it over to the association with a letter about who has the right to use it.

 

MINUTES

 

The minutes of the meeting of January 4, 2006 were presented.  Commission Member Bourne made the motion to accept the minutes as presented.  Commission Member Smith seconded the motion.   All in favor and the motion carried.

 

The minutes of the Public Hearing of February 1, 2006 were presented.  Commission Member Seamons made the motion to accept as presented.  Commission Member Petersen seconded the motion.  All in favor and the motion carried.

                                                                       

The minutes of the regular meeting of February 1, 2006 were presented.  Commission Member Petersen made the motion to accept the minutes as presented.  Commission Member Smith seconded the motion.

 

ADJOURN

 

Commission Member Ballingham made the motion to adjourn the meeting at 10:20 p.m. 

 

 

APPROVED:                                                   ATTEST:

 

 

 

_______________________________           ______________________________

Brian House, Chairman                         Assistant Clerk