Meeting Minutes 2008
MINUTES OF THE
PUBLIC HEARING OF THE
PLANNING COMMISSION OF
GARDEN CITY, UTAH
The Garden City Planning Commission held a Public Hearing on Wednesday, May 7, 2008 at the Garden City Office Building located at 145 W. Logan Rd. Commission Chair Jennifer Huefner opened the Public Hearing at 6:50 p.m.
Commission Members Present:
Jennifer Huefner, Chair
Excused: Pat Argyle
It was explained that this ordinance is for the cutting of sidewalks and streets, not for placing items on the sidewalks or streets. There were no comments from the audience.
ORDINANCE #08-10 - COMMERCIAL ZONE
Commission Chair Huefner said she was expecting a full house tonight. She really wants input from the community about this ordinance.
Commission Member Ballingham said the opportunity has been presented. A Public Hearing has been scheduled and that’s what the meeting is for. He showed the zone map and explained that he would like to have a type of zone that will be consistent throughout town. He explained the zones. He said the zones would also protect the walking path. The Architectural Standards have been changed to say that 3 sides will need to follow the standard. This will help the town aesthetically pleasing when people come into town.
Bobbie Coray asked if an inside remodel needs to meet Architectural Standards. Commission Member Ballingham said the Town Council would need to decide that.
Commission Member Bourne said it needs to be spelled out better that the Architectural Standards will be for all three zones.
Council Member Bess Huefner said she doesn’t like that 75% of a building has to follow the Architectural Standards. She thinks vinyl is fine. Commission Member Ballingham agreed, but said if he had a million dollars he wouldn’t use vinyl. Commission Member Smith said there is a product that is vinyl or acrylic, but has the look of wood. Commission Member Ballingham prefers to leave the ordinance stating that no vinyl will be accepted. If someone wants to use that type of vinyl, they will need to get a variance or ask when they get their conditional use permit.
Council Member House suggested putting in the ordinance that it be allowed if approved by the Planning Commission.
Commission Member Ballingham said people are paying premium prices on their property. If they go to the expense to make it look nice and their neighbor comes in next to them and makes their place look like junk. They could be very upset.
Bobbie Coray suggested putting stucco in the Architectural Standards. Commission Member Ballingham said we’re not trying to make it look like St. George. We want more “wood” type theme. Commission Member Bourne suggested making it a Conditional Use Permit to use stucco.
MAPLE DRAW @ SHUNDAHAI, Norman Mecham
No comment from the audience.
Commission Member Ballingham made the motion to adjourn the meeting at 7:10 p.m.
Jennifer Huefner, Chair Assistant Clerk
MINUTES OF THE
PLANNING COMMISSION MEETING OF
GARDEN CITY, UTAH
The Garden City Planning Commission held their regularly scheduled meeting on Wednesday, May 7, 2008 at the Garden City Office Building located at 145 W. Logan Rd. Commission Chair Huefner opened the meeting at 7:10 p.m.
Commission Members Present:
Jennifer Huefner, Chair
Excused: Pat Argyle
APPROVAL OF MINUTES
The minutes of the Public Hearing of April 2, 2008 were presented. Commission Member Ballingham made the motion to approve the minutes of the Public Hearing of the Planning Commission of the Town of Garden City, Utah of April 2, 2008 as they have been presented. Commission Member Bourne seconded the motion. All in favor and the motion carried.
The minutes of the Regular meeting of April 2, 2008 were presented. A few minor changes were made. Commission Member Ballingham made the motion to accept the minutes of the Planning Commission of the Town of Garden City of April 2, 2008 as they are currently presented with the previously mentioned updates. Commission Member Bourne seconded the motion. All in favor and the motion carried.
Commission Chair Huefner wanted to address item #5.
RE-ZONE, LaMar Spencer
Mr. Spencer said he is remodeling his place at 465 S. Bear Lake Blvd. and would like to change the zone from Single Family Residential to Community Commercial. This property is just south of the next commercial property. He’s not sure what type of business will go in there yet.
Commission Member Ballingham said the home is currently about 1200 square feet. He thinks one side is commercial and the other side is residential with three homes in a row. He wondered about parking. He asked if he could ensure adequate parking. Mr. Spencer said it would hold about 6-8 cars. He said it wouldn’t be restaurant, maybe a tanning salon. He’s not sure what type of business will go in. He just wants to rent it out to a commercial business.
Commission Member Ballingham said he’s concerned about breaking up a string of residential houses. It might be okay if the neighbors were on board. He’s wondering what the reason is to change the zone. Mr. Spencer said he wants to rent it to a commercial business. Commission Member Ballingham said he doesn’t know if that’s a good enough reason. Mr. Spencer said it for monetary reasons. Commission Member Ballingham said he doesn’t know if it’s a vested reason. There’s three homes in a row, with one of them coming in as commercial, when the current intention is to have it as a home doesn’t make a lot of sense to him.
Council Member House said there were people that came to the meeting last month and were opposed to it.
Commission Member Ballingham said if the neighbors were on board with this, it would be a different story.
Commission Member Smith said Ned Calder’s property to the north is zoned Community Commercial. Council Member House said yes, but there’s a ditch just to the north of the house that separates the zone. Mr. Spencer said there’s a right of way further back.
Council Member Huefner said there’s a right of way there and it is in the historical road plan. The road is on the north side of Mr. Spencer’s. Commission Member Ballingham said he doesn’t think this will work.
Council Member House said Mr. Spencer could rent the house out as a home business in a Residential zone.
Commission Member Bourne said the house is now being used as storage. Before we vote for any business, Mr. Spencer needs to stick to the ordinances and clean it up. Mr. Spencer said it will all be cleaned up. He just got his Building Permit.
Commission Member Ballingham made the motion that we deny the request to turn this .22 acre piece of property into commercial property. It should remain at this time, as a residential property. Commission Member Bourne seconded the motion. Roll Call Vote:
Commission Member Ballingham for, Commission Member Bourne for, Commission Member Bills for, Commission Member Gough for, Commission Member Smith abstained from voting.
SUBDIVISION DISCUSSION, Mel Maynes
Mr. Maynes showed a map of Kimball Lane. He explained that he needs a second access next to Lighthouse Pointe Subdivision. He has a 60’ private right of way, but needs two ingress/egresses. He showed a cul de sac within the Lighthouse Pointe Subdivision that he wondered about extending to meet his lot.
He showed another previous subdivision and wondered about how to subdivide it.
It was decided that the transportation board will have a meeting with Kent Fisher, Mr. Maynes and Hugh Barlow. They will give a recommendation to the Planning Commission.
Commission Member Ballingham would like to have it come in all at once.
Mr. Maynes also talked about a 40’ road that stops at Hugh Barlow’s lot. He’s wondering if he can go ahead and subdivide or if it’s Mr. Barlow’s job to take care of the road. He has already annexed this lot into the town and subdivided part of it. He said he should have taken that lot off of commercial.
Commission Member Ballingham suggested using the 40’ road and subdividing the lot.
Mr. Maynes said he’s thinking of making two lots and leaving one. The road is already wider than Kimball Lane.
Commission Member Gough thinks the road would work, but is concerned about future development.
Commission Member Ballingham said he thinks the town should contact Mr. Fisher to work out an agreement.
There was discussion about a road that would be considered a driveway and the lot would be a flag lot. Commission Member Ballingham wondered about putting in a cul de sac.
Commission Member Gough suggested Mr. Fisher putting the cul de sac in another place; it would allow him to build two other lots.
Commission Member Ballingham made the motion to provide a recommendation to the Transportation board to get in contact with Mel Maynes, Kent Fisher and Hugh or John Barlow to discuss the roads along the property Mel Maynes owns and come to a
determination as to how we’ll provide access for him to his property. Commission Member Gough seconded the motion. All in favor and the motion carried.
PRELIMINARY FOR MAPLE DRAW @ SHUNDAHAI, Norman Mecham
Commission Chair Huefner said Shundahai is a PUD that was approved many years ago before our new ordinances were in place, which presents some challenges. This is a new phase for the PUD and we’re treating it as such. Even though the application says subdivision, it’s just a new phase of the PUD.
Commission Member Ballingham said Shundahai is the best example of a true PUD. It’s a mixed-use area. This won’t fit as a subdivision, but it will as a PUD. It doesn’t have to have open space because the open space is throughout the whole PUD. This fits the current ordinance that was just approved pretty well.
Mr. Mecham showed a map of Shundahai and the open space. He thinks with the current routing of the golf course, and some other close open space, there should be 50% open space overall.
It was suggested to add to the application: PUD Conceptual, (instead of permit) PUD Phase application and PRUD Concept, PRUD Phase application, so it won’t be so confusing.
Mr. Mecham talked about a few changes they want to make. The entryway will shift to the east, so it will be more in line with the road. They will eliminate lot 1 and move lot 2 above lot 3. It will make a more consolidated open space. There won’t be much room for a lawn, if any, on these lots. No outside watering will be needed for landscaping. The right of way of 50’ sometimes becomes a problem. They don’t want on-street parking. He’s looking at increasing the pavement about 3’ on each side with a 3’ striped bike lane on each side. It should only be accessed by those within the area, so the traffic should be slow.
That will leave 10’ on each side, which they will want to landscape. They will have zero-scape landscaping using bark or rocks over fabric with trees, which will lengthen the driveways by 10’ and will give them a 40’ driveway in front of the garage, which will give 6 parking spots.
They would like to pull the house in front of the garage would leave a front setback of 5’ and a garage setback of 10’. They’ll be attached. That way, you don’t see a lot of garage doors. He also talked about a 10’ public utility easement. They would like to put a portion of that in the road. There would be 14-15’ of the easement, 5’ on the property line and 10’ on the driveway. Commission Member Bourne said they require 8’ utility easement and only a portion of that to get a backhoe in. He even thought 4’ would be okay with the power company.
It would also give them a place to plow snow. Every driveway will have a culvert underneath.
Mr. Mecham would like 5’ off of the property line for the front setback. They’re looking at 10’ and 2’ for side setbacks with no windows on one house. There will be no fences. There will be no water tanks in this phase.
Commission Member Ballingham said truly, you’re 15’ off the road with the 5’ front setback, so he thinks it’s okay.
Commission Member Ballingham made the motion that we accept the Preliminary Plat of Maple Draw at Shundahai as it has been presented including the minor changes that Mr. Mecham has presented to us. Commission Member Smith seconded the motion. All in favor and the motion carried.
Council Member House said there is a concern about the sign of Shundahai with the trailer. Mr. Mecham said it will be coming down.
#08-09 - ENCROACHMENT ORDINANCE
Council Member Bess Huefner said there are a lot of encroachments on the right of ways and the back streets. She worked on the ordinance and has tried to keep it short.
#10-103 is what Elizabeth Seiler and Jennifer Huefner put together to protect the roads. Commission Member Huefner said that portion is not in encroachment ordinance. She wondered if they want the present ordinance to be scaled down?
Council Member Huefner felt the ordinance was not good to charge a letter of credit or a bond. They’re paying a permit to build. We just want them to fill in the cut when they’re done. She feels like we’re charging too much. Bobbie Coray feels people won’t fill in their cut until they’re charged.
Commission Member Ballingham said the sewer district is who cut the road in front of his place. Council Member Huefner said if a utility does it, then they don’t have to apply, but they need to let the office know.
Commission Member Gough said when you pay for a connection; they should bring the water or sewer to your property line. So, they should have to fix the road.
Commission Member Ballingham agrees that that’s a lot of money. There needs to be some type of offering for what they’re doing.
Commission Member Ballingham agrees that that’s a lot of money. But there needs to be some type of offering for what they’re doing. Municipality shouldn’t have to apply.
Commission Member Ballingham thinks we should say that contractor’s are not allowed to cut the roads without permission from the town. Commission Member Smith asked if this is just on town streets. Yes.
Commission Member Ballingham said if 90% of the time the roads are cut by the town, this ordinance would only be used a short time. This ordinance could be used for only those rareties; water, sewer or power.
Commission Member Gough said he could understand this for the bike path. It shouldn’t be the contractor’s responsibility. It should be the town and sewer’s responsibility to get a line to the homeowner. He wondered about the situation of having a cement driveway and then backing onto asphalt and then mud and then the asphalt road.
Commission Member Gough said we could re-do the draft so that some things coincide with the other ordinances.
Council Member Huefner said maybe we should work on this some more.
Commission Member Ballingham said there needs to be some additional collaboration for coordination for thinks it’s a nice ordinance – #08-09, but as long as it’s understood that it will only be used for rareties.
Commission Member Gough said we could re-do the draft so that some things coincide with the other ordinances. Commission Member Ballingham suggested looking at Chapter 10 and finding a marriage, so there’s no conflict between the two ordinances.
Commission Member Ballingham made the motion that we rescind #10-103B along with doing that, we replace it with #08-10, which will be relabeled
Commission Member Ballingham made the motion that we rescind Ordinance #10-103B along with doing that we replace it with #08-09, which will be re-labeled as #10-104. Commission Member Gough seconded the motion. All in favor and the motion carried.
#08-10 - COMMUNITY COMMERCIAL ZONE.
Commission Chair Huefner said she would really like to have the agenda written differently and have another Public Hearing about this ordinance. Commission Members Ballingham and Gough both disagreed. They said it’s been posted. People should be here if they have a problem with it. They’ve had their chance. This needs to be done as soon as possible. Commission Member Bourne said on #11C-1505 – Height; he wondered if we’ve taken out the average grade. Commission Member Gough said it should be up to John Abraham, the building inspector.
Commission Member Bills said most of the time, a HOA approves the plans first. Most of them are stickier with the height getting through them, but the Building Inspector has
his own approval. Commission Chair Huefner said you should go with the average grade. Commission Member Bills said he feels we shouldn’t have so many laws so that people in America can make some of their own choices. He likes to see a little bit of freedom.
There was discussion about different ways to measure the height. It was stated that it is up to the Building Inspector and should be with the average grade.
Commission Chair Huefner said she likes it but it should be used as a policy.
Commission Member Smith said we need to have room to negotiate, because there are no hotels in town now. But we don’t want to ruin anyone’s view corridor.
Commission Member Bills didn’t like the 75% Architectural Standards especially for strip malls. He wondered about all the glass that’s included in those buildings.
Commission Member Ballingham made the motion to accept Ordinance #08-10, which is the Commercial zone aspect of the zoning ordinances. #11C-1500, this will replace the current #11C-1500. The previous one will be rescinded. It will be as has been presented with the following additions: Under #11C-1505 Height Regulations should read; that no buildings shall be erected to a height greater than 35’, unless otherwise negotiated with the Planning & Zoning Commission subject to approval by the Town Council. Under #11C-1508 it shall read; Architectural Standards to ensure that Garden City continues to be aesthetically pleasing, all business buildings will be required to meet certain Architectural Standards. We require that all business buildings shall have an outer appearance that is consistent with surrounding structures. We require that all business buildings have 3 exterior walls (one of which will face the street) that are at least 75% wood, lathe, stone or brick, unless negotiated with the Planning & Zoning Commission subject to approval by the Town Council. Vinyl or aluminum siding will not be allowed on any of these three sides, but may be permitted only on the back of the building where it is not visible from the street. Architecture must be presented and approved by the Planning & Zoning Commission and the Town Council. Commission Member Bills seconded the motion. All in favor and the motion carried.
Commission Member Ballingham made an amendment to the above motion. Just before the last sentence; All materials are to have an earth tone color in nature and appearance. Commission Member Bourne seconded the motion. All in favor and the motion carried.
Commission Member Ballingham said the corridor will stop before Shundahai and won’t go all the way up the canyon. Commission Member Gough asked about the C3 zone in the area west of town. Commission Member Ballingham said that area hasn’t been annexed into the town.
Commission Member Ballingham made the motion to accept the zoning map as currently presented and that it be forwarded on to the Town Council and for their final approval, after which it will be implemented. Commission Member Bills seconded the motion. All in favor and the motion carried.
Council Member Huefner said she has visited with UDOT. They’re studying whether or not we’ll put in 3 stop signs at the junction of US 89 and SR 30. They didn’t seem to think it was necessary. She tried to tell them how important it is to have a light. Commission Member Ballingham doesn’t think a sign will be adequate. He suggested putting in a sign that is overhead and flashing red light. No one will see a sign.
Council Member Huefner said they’re counting their pennies this year. Commission Member Bourne said they’re asking for trouble. It will cause more accidents not to get it taken care of. Commission Member Gough said they put their testers out in the winter, when no one is here. Why don’t they do it when we really need it?
Council Member Huefner talked about parallel parking along US 89 and SR 30. Some property owners want the other parking. Only one wants the parallel parking. They’re worried they won’t get many people in if they can’t park in front. UDOT wants the town to write a resolution stating that we are in favor of parallel parking.
Council Member Huefner stated that Stan Lamborn has said that by next summer, we’ll have curb and gutter up to 200 N.
We are going to bid for a center lane that will run from 300 W. going north to the marina. We have to do one more engineering report for UDOT. It won’t be done before Memorial Day.
Council Member Huefner said there is a topo map of the road at Hodges Canyon and Paradise Parkway going south. Jason Linford is working on the exact route. Ned Calder came to them and would like the road to go through the bottom of his property by Buttercup. At least he’s on board.
They have signs ordered for the trailhead. There is a national ATV ride on June 7th for an ATV ride to go as far as they can go. The ATV law will go into effect in October. As long as they have turn signals and license plates, they can ride on the roads.
Commission Chair Huefner wanted to talk about #11B-Land Use Regulation. She assigned the Planning Commission to read about their job compared to the Town Council’s.
She said the term of the office is 4 years. Vacancies are filled by the Mayor and approved by the Town Council. She read about the powers. The motion should include a recommendation to the Town Council.
The Planning Commission is just an advisory board. Don’t be offended if the Town Council changes our decision. Our role is very important and we do the legwork for them.
She thinks it’s very healthy to have a variety of opinions. It’s human nature to get your feelings hurt sometimes. But we come out with a better product in the end. She hopes we can have a discussion and debate. She wants the Planning Commission to know she appreciates all of their opinions. It makes it a healthy board. She values them and their opinions. She wants each of them to feel valued. She feels we have a great Planning Commission. They each add a tremendous value to the Planning Commission.
Commission Member Bourne wondered about the yellow lighthouse at Lighthouse Pointe. The Architectural Standards state that it should be earth tone colors. He recommends that the Building Inspector go talk with Mr. Fisher about using earth tone colors.
Bear’s Den Parking
Commission Member Bourne said when Tom Bashford came in for approval he had parking. Now the parking is filled with swingsets, etc. with little storage area. He did have parking in the rear, but you can’t even get to the back. He needs to have parking in the front. He recommended that Mr. Bashford get told that he needs to move that stuff. Council Member House said there’s a liability issue with the swingsets. He’ll talk with the Building Inspector about it.
Commission Member Bourne said we have a definite sign ordinance. He thinks we’re letting that carried away. A realtor is allowed to put their standard real estate sign, but they can’t have larger signs that the regular ones. The Cottages have huge signs. Milt Erickson has two signs; those need to be enforced. He feels too many signs are looking trashy. We need to make sure the realtors know the size of their signs.
Commission Member Smith suggested highlighting that part of the ordinance and letting them know about it.
Commission Member Gough said he doesn’t’ like signs on semi’s.
Jack Dahl Development
Commission Member Gough also wondered about the parking at the Jack Dahl development.
Council Member House doesn’t know what happened with that. It was supposed to be a village. Commission Member Ballingham thinks their Business Licenses should be revoked until the parking can be resolved. They’re out of compliance with the ordinance. If it’s different than what was approved, we should shut them down.
Commission Member Bourne said they were supposed to have 45* angle parking along the east, but now the building has encroached so much he doesn’t know if that’s even possible.
Commission Member Gough said the Building Inspector should be watching for that.
Enforcement of Ordinances
Commission Chair Huefner wondered if the Town Council would work on enforcement of the ordinances. She said we’ve finally gotten our Ordinances and General Plan done. Her next goal is to get the enforcement taken care of. She would like to make that a formal request.
Shundahai’s Golf Course
Commission Member Gough asked about the Golf Course at Shundahai. He said it’s a huge subdivision. He wondered, what if, they go bankrupt before it’s done. What do we do? Commission Member Bourne said he has talked with Norm Mecham. He said he doesn’t want to put open space in the Maple Draw portion. We can put conditions that the Golf Course would be designated open space. Mr. Mecham agreed that we could put that condition on him. It’s designated space, not designated ownership. They don’t want it to be like Harbor Village. Economy will dictate how fast they can develop the subdivision.
Commission Member Ballingham said he has voice some displeasure about a subdivision that came through and was approved by the Town Council without an approval of the Planning Commission. He’s not sure we understand the PUD ordinance. He’s spent a lot of time wondering how it works. There’s no such thing as a PUD Permit. It means nothing. When that subdivision came to us, we laid out some specific items that needed to be done. None of which was resolved by the Town Council. He doesn’t know what a PUD Permit is.
Council Member House said the conceptual plan was brought in and that was approved. They now come in for their preliminary and final phases. Both of those approvals need to happen before they can start building.
Commission Member Ballingham said the zone was also not changed to a PUD zone. So they will be very upset when they come back and the zone’s not what it should be. Things have not legally been put into place so we can’t carry out their project.
Commission Member Bills said he would like to see a friendship-type of syndrome when people come here. He wondered why some items even end up on the agenda. Some of the questions should be asked before they ever come here. Assistant Clerk Sharlene Millard explained that when someone comes before them, it’s not always with the same request as was explained to the clerks.
Commission Member Bills wondered about the hard feelings with the Cobblestone development. Someone heard it was going to be storage sheds so it just mushroomed. Now there are bad feelings about that development. He’s wondering how it can be screened better. Council Member House said he doesn’t think you can screen them all out.
Commission Member Ballingham said the Planning Commission is the screen. We are where people come before the Town Council. Commission Member Bills said he thinks it’s wrong that people come in and are so scared to talk with them. People should have to be afraid to talk with us. He would like more of a friendship situation. He feels people think the Planning Commission is a lynch mob.
Commission Member Gough said why does the Planning Commission go through all the processes for approval if it’s in vain and the Town Council doesn’t look at it but just passes the project. They don’t even look at our knowledge.
Commission Member Ballingham feels the precedent has been set that if a developer doesn’t like what the Planning Commission says, you can just go to the homes of the Town Council and they’ll approve it anyway. If that’s going to happen, then we are wasting our time. He doesn’t think that’s their intention. Those recommendations were put in place for good solid reasons. If we were wrong, or working outside of the ordinances, then that decision should be overturned or changed. But he feels they provided them with some very good recommendations and yet they were ignored. The town may have been in a lot of trouble and may still be because of the Town Council’s decision.
Council Member Huefner said this is something new to all of us. We’re experimenting with it. We’ve created something new and now we’re all working together to make it work. 90% of the time, the Town Council goes with what the Planning Commission recommends. This time, it got emotional and blown out of proportion.
Commission Member Bourne said when someone comes in and things aren’t ready, we just need to say we’ll see you next month. Whatever they present to us before the meeting is what is looked at. That way, we have time to research it, but when they have major changes, we need to see a new plan. There’s no use presenting it if it’s not right.
Commission Chair Huefner said the Town needs a full-time person who knows the ordinances, to help applicants with planning, and walk them through the process. Then they don’t come to us until they get through that. She wants someone to make it happen with the budget. She’s tired of being the filter. Our town is at the point that we can’t afford to have volunteers doing that. We need a professional to be able to have every applicant go through a professional first, and then we’d get some really clean applications.
Bobbie Coray suggested having the applicant go to someone who is a planner and they pay them directly for their service.
Commission Member Ballingham would like the Town Council to read aloud the recommendations from the Planning Commission before every project and when some issues aren’t taken care of that the Town Council tells them to go back to the Planning Commission to resolve them.
Commission Member Bills wondered if we could cut our meetings down to about 2 hours and not re-hash the same stuff over and over. He would like to support the Town Council and maybe have some of the Planning Commission go to their meetings and answer questions, so things don’t fall through the cracks.
Commission Member Smith said he’s still furious about the Town Council doing the moratorium. He was furious about that; not that it’s not legal; it’s nice to have a heads up. Not one of the Planning Commission was aware of it. He feels that was a huge offense. He feels you can state that you have a conflict of interest but you can still vote.
Commission Member Ballingham thanked the members of the Planning Commission. He appreciates that he didn’t have to defend himself last month. This is not something that was just thrown out to hurt their project. It made it so no personal attacks were taken.
Commission Chair Huefner said we all have the responsibility to excuse ourselves from the conversation if there is a conflict of interest.
Council Member Huefner would like to add to the building application that every home or development needs to have a dump trailer. Commission Member Gough said legally, they should have a porta-potty and a dump trailer.
Commission Member Ballingham made the motion to adjourn at 11:00. Commission Member Gough seconded the motion.
Jennifer Huefner, Chair Assistant Clerk