Meeting Minutes November 2005







The Garden City Planning & Zoning Commission held a Public Hearing on Wednesday, November 2, 2005 at 6:45 p.m. at the Garden City Office Building located at 145 W. Logan Rd. Commission Chairman House opened the meeting at 6:45 p.m.


Commission Members Present:


            Brian House, Chairman

            Lance Bourne

            Lana Hodges

            Jared Seamons


Others Present:


            Sharlene Millard

            Kathy Hislop

            Elizabeth Seiler

            Margaret Satterthwaite

            Jeannie & Terry Willis

            Candice Smith

            Jackie Criswell & Husband

            Josie Kunz





Elizabeth Seiler asked about the definition of daycare. She wondered if this will be a home situation and will there be employees?


Commission Member Bourne said it will be a Conditional Use Permit situation. They will have to come in for their conditions.


Ms. Seiler asked if they are required to be licensed? Commission Member Seamons said yes, there will be heavy requirements. Margaret Satterthwaite asked if our ordinances are in line with the state requirements? Commission Member Bourne said it can be made as a condition that they meet all the state requirements.


Ms. Seiler said if they are licensed, they can have only so many children. If they’re not licensed, there is no limit to the amount of children they can have there. Commission Member Bourne said the amount of children can also be in the conditions.


Ms. Seiler is also concerned with the parking area. Commission Member Seamons suggested making it a stipulation that there needs to be a turn around. Ms. Satterthwaite said it makes sense to have a daycare in a residential area. But most centers have fences to make it more confined. But, she wouldn’t want that type of business next to her. She asked if we have checked any other towns ordinances on daycare. The Planning & Zoning said no.


Commission Member Bourne said they should look up the state and federal regulations. Ms. Satterthwaite said it might be good to learn from the experience of other towns.


Commission Chairman House said if we are going to adopt putting daycares in all zones, we should have age restrictions. This also opens the door for a boys ranch. It should be called a “preschool” and set an age limit.


Commission Member Hodges said that was the whole reason they put daycare/preschool in a commercial zone was to keep the boys ranch out. She said before we do anything, we should have a definition of daycare/preschool. We aren’t like other communities. She doesn’t understand putting a daycare in all zones. There are a lot of people who aren’t here all the time to see to their premises.


 Ms. Seiler said the area where the daycare is proposed seems close together. She’s concerned about the cul-de-sac with people turning around. She said the law says 6 children up to 1 daycare person.


Ms. Satterthwaite asked about the pool at the residence. The Planning & Zoning thought it would be a big concern with the state licensing board.


Ms. Criswell said let’s just do it. They want to have the daycare in a residential area.


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





APPROVED:                                                               ATTEST:




_______________________________________ ___________________________________

Brian House, Chairman                                     Assistant Clerk












The Garden City Planning & Zoning Commission held their regularly scheduled meeting on Wednesday, November 2, 2005 at 7:00 p.m. The meeting was held 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

            Lance Bourne

            Lana Hodges

            Jared Seamons

            Troy Petersen


Others Present:


            Sharlene Millard                                               Josie Kunz

            Kathy Hislop                                                    Teresa Pugmire

            Elizabeth Seiler                                                 Frank Smith

            Margaret Satterthwaite                                     Ken, Hansen, Mayor

            Jeannie & Terry Willis                                       Ned Calder

            Candice Smith

            Jackie Criswell & Husband





Commission Member Hodges said a daycare should only be in the commercial zone. It shouldn’t be included in the residential estates zone, nor the recreational residential or beach development zone. In her opinion, it should only be in the commercial zone. She said we just changed the ordinance less than 6 months ago to include preschool. We didn’t have a place for it and with the problems from the Majestic Ranch, we also need a definition of preschool and daycare.


Commission Member Bourne agrees. He said he would have a problem with that type of business next to him. It’s a commercial establishment and should stay in the commercial zone.


Commission Member Seamons said it’s not the idea of shooting the daycare down. It’s where it’s best suited to be. He has the same concerns with traffic, influx of people, etc. It seems to be best suited in the commercial zone.


Mayor Hansen said he doesn’t share the same concerns. If he had a child going to a daycare, he would feel much more secure having it in a residential zone. There’s more security where parents are local. When he asked for some consideration with this item on the agenda, he wanted it as a conditional use permit in residential in order to regulate it and get feedback from the property owners around there. If you talk with other towns, you’ll find they’re in residential zones.


Mayor Hansen said that our community is growing. There are a lot of children here now. This service would be very beneficial to this area.


Commission Member Hodges said we have a lot of area in Garden City where this type of business could be put. There’s plenty of properties and facilities available in a commercial zone.


Mayor Hansen said it’s a type of business that would be compatible in either zone.


Ms. Seiler said we still don’t have a definition of what a daycare is and that’s getting in our way. A center with one provider is different than a center with several providers. She asked what is a daycare?


Frank Smith said he feels a daycare is needed in this town. He doesn’t have a problem with it being in a residential area. He doesn’t see a lot of options in town for this being in a commercial environment now. He knows of several families that could use a daycare right now. But the rent around here is huge. It’s not a high profit type of business.


Candice Smith said she knows of a lady who has gone everywhere in Garden City looking for a place in the commercial zone. There is nothing to be found. Even realtors couldn’t find one for her. She can’t find a place that she can leave her children, but she also needs to be able to work. A lot of parents need this. It will limit who can live here.


Mr. Smith said this area will be growing even more. We also need affordable housing.


Ms. Criswell said she has her other daycare in a residential zone in Montpelier. She knows the cars that should be there and those that shouldn’t. This daycare will be on a dead end street. It will have an outdoor exit, fenced yard, square footage, kitchen, bedrooms and the space required by law. No other house here meets these requirements. She doesn’t want to see any of the children get hurt. She wants to help them.


Commission Member Hodges said as a Planning & Zoning member, she’s not against having a daycare, but she needs to look at the community as a whole. This community needs this, but we are not like every other town. There are a lot of people that are here part time. She cannot vote for it in a residential zone.


Mr. Criswell said when they put their daycare in Montpelier, it was as a Conditional Use Permit. The town also worried about these issues. They wanted to be able to control where to put businesses.



If adjacent property owners around there supported it, then they would let them do it. If not, then they wouldn’t. He agrees that it shouldn’t be a blanket decision. Some people won’t want it next to them. Neighbors need to know it’s coming. That’s why a Conditional Use Permit is good. It shouldn’t be forced on anyone.


Mrs. Criswell said there will be employees. There will be a maximum of 36 children. She doesn’t think that will be that many. She receives many phone calls of people around here that need this.


Josie Kunz said she has worked at a different place before she worked for the Criswell’s. She knows that there are things that are needed, like a kitchen, etc. for all of the children. The backyards have to be fenced. She’s never had anyone complain. The children are watched well. They can’t throw rocks, scream, etc. They have to behave. She said it’s much more of a home environment. The children feel safer. She’s seen daycares in commercial zones. They have people come in that they don’t even know, there’s a lot of traffic etc. They have to use a dead bolt because of that. If a child ever did get out, they could be picked up by strangers a lot easier in a commercial zone.


Ms. Criswell said no one will be living there. They may stay if demand becomes great and they would need to spend the night.


Commission Member Hodges made the motion to come up with a definition of preschool/daycare in our ordinances before we come up with a conditional use permit for preschool/daycare. Also, that it stays in commercial zone.


Commission Member Bourne seconded the motion. The vote was taken: Commission Member Hodges, yes. Commission Member Bourne, yes. Commission Member Petersen, no. Commission Member Seamons, no. Commission Chairman House voted to break a tie. He votes yes. Motion Carried.


Commission Member Hodges suggested this item be on the planning meeting agenda. Commission Member Bourne said if this goes to a residential zone, we should set the amount of children that can be there.


Mayor Hansen commended the Planning & Zoning Commission for their actions and how they’re doing their job. He explained that the planning meeting is a public forum meeting and it’s also the community’s opportunity to give guidance and input. Otherwise, three of four people are making the decisions. We do need to work on our definitions. That will be the key.


Commission Chairman House invited the Criswell’s to the planning meeting on November 16th.


Commission Member Petersen would like them to find out the limit of children that can be there. Ms. Criswell said it really depends on square footage.


Council Member Leonhardt said the state has heavy regulations on the amount of children that can go in a daycare.


SUBDIVISION, Jeannie Willis


Jeannie Willis said her whole lot is now annexed into the town. As far as she knows, she’s complied with everything. Her lot goes from 3rd West to 100 West. The utilities are along the outside of the lot. They are in the sewer district. The water is on either street in the road. It has been annexed as commercial.


Fire Chief Mike Leonhardt said there are fire hydrants on the corner of 3rd West, by the motel and on the corner of 1st West, by Bennion’s house and by his house on the north of 100 W.


Commission Member Seamons made the motion that we allow Jeannie Willis’ subdivision, 4 lots, which approximately extend from 1st West to 3rd West, based upon what she has on her drawing. It’s called the Berry Patch. Commission Member Petersen seconded the motion. All in favor and the motion carried.


REZONE, Ned Calder


Ned Calder showed a map of his property. He said the town just annexed some of this into the town. It is commercial.


Town Clerk Kathy Hislop looked at the maps and showed what was recently annexed. She also showed what areas are commercial.


There were two annexations of the same area. Some of the property owners were in a hurry to have their property annexed, so they were ahead of the others. Most everything around his property is commercial. He said the town is buying part of this property. He has agreed to give a total of 50’ for a right of way.


Commission Member Hodges said she doesn’t have a problem with it being commercial, as long as there isn’t an island.


The town has notified adjacent property owners and has received no responses.


Commission Member Petersen made the motion to accept Mr. Calder’s and Mr. Nance’s rezone and change from residential to commercial. Commission Member Bourne seconded the motion. All in favor and the motion carried.




Ms. Criswell said she doesn’t know what else to say. She showed a letter from adjacent property owners – Ramona Harris, Julie Stringham and Cathie Rasmussen, showing support of her daycare in the area. She doesn’t think there is any opposition. She feels that this is a very secure place to have this. She doesn’t mind coming in as a conditional use permit. The pool is 3-4 feet deep. If the state has a problem with the pool, she will make it a ball or foam pit. It’s locked now and she can keep it locked.


Commission Member Hodges said right now, a daycare is not permitted, even as a conditional-use permit until we resolve our ordinances.


Commission Member Bourne would like to see this daycare happen. He’s concerned with the amount of children there and the amount of cars on the dead-end street. It might be difficult to get cars in and out.


Ms. Criswell said the ages of the children will be from 0 to 12. Some will be there for a couple of hours, some all day. Very rarely are there more than 2 mothers there at the same time. She said the driveway is adequate. She will keep the noise level down. She said she’s been doing this for 11 years now and hasn’t had any problems. She will stay within the state guidelines.


Commission Chairman House said at this point, we’re waiting for the next meeting. No decision will be made at the next meeting. We’ll just be coming up with a definition for daycares.


Commission Member Hodges said she would like to see what some of the state regulations are for that night.


Ms. Criswell said she works with a lot of people who all have different regulations. She invited the Commission members to pop in at anytime at her daycare. All employees are fingerprinted and have had background checks for drugs, etc. Ms. Kunz added that there has to be someone there who knows CPR.


Commission Member Hodges made the motion that this will be tabled until we have a workshop to come up with definitions and information to come up with in a zone and to work things with the ordinances.




Commission Member Hodges asked Mr. Smith where he’s at on this project. She also wonders if his letter of credit needs to be renewed.


Mr. Smith said he’s doing a lot and getting a lot done. The water tank is poured and they just need to finish the top. He said they are grading the roads, but they need to be finished more for driving on them, the power has been paid. They are planning on putting in the conduit and leaving the rest until spring. The last bit of water line also needs to be put in.


As far as percentages go, Mr. Smith said he is probably about 80% done. It will depend on the weather. The scope, size and price of the tank have all gone up. Most of the materials have doubled. The lots are being sold. That should leave enough money to finish what needs to be



done. He was hoping to get building permits this year. The open trenches need to be completed.

There is one tank now. If the town wants to have another one, Mr. Smith said he’ll donate the ground, but doesn’t want to be involved with the building of the tank. He said it’s a monster, but it looks good. It will hold 500,000 gallons.


Mr. Smith said the tank is engineered well and will be a plus for fire protection. There’s not another tank that meets fire regulations. It should put out 1500 gallons per minute for 2 hours to be up to standard. It’s also been very expensive. He said Troy Petersen has come through unbelievably.


Mr. Smith said his intention is to use the tank for one year, then turn it over to the town. Troy Andersen has been up there to look at it too. Having an adequate water supply lowers insurance for homeowners. There are a few lots that may need to have a pump. The subdivision will be on the sewer system.


The water will be connected to 3rd West. The water line is 7700 ft. long, which is a mile and a half. It’s made of steel for good pressure. There will be a pressure reducer. He said there is probably 2800 lbs. of rebar in the lid. It’s 8” thick. He said this tank has been a big deal. The town felt like they could only help with 25%. This tank will help the development and will also help Foothill Estates for pressure and fire protection. There will eventually be telephone poles up there. He would like to extend the letter of credit until June, and use it on what is in the ground. All they’re dealing with now is maybe $100,000 off of the letter of credit to be finished. He suggested evaluating the figure to bring it down.


Commission Member Hodges said the original letter of credit was based on what the engineering bids would be when the subdivision was approved.


Commission Member Hodges made a recommendation to the Town Council that we get a new letter of credit reflective of what is left and what the town engineer recommends. She suggested the letter of credit be for the same amount as engineering costs are so expensive.


Mr. Smith said he is trying as hard as he can to get this project done.


Commission Member Hodges suggested that the letter of credit be renewed by the next Planning & Zoning meeting. She would like to get a breakdown of how the engineer came up with the figure. Commission Member Petersen said we’ll agree with what Mr. Smith’s engineer comes up with.


Mr. Smith said the water lines are done, the sewer is almost done and there’s no power yet. He said Utah Power is already booked for the year.


Commission Member Petersen suggested to keep on going with the project. He wondered if Utah Power could put the conduit in as soon as possible and finish later. Mr. Bourne with Utah Power said they’ll do it as fast as possible.


Commission Member Hodges made the motion that he will have at the next meeting, which is December 7th,2005, a new letter of credit for what the engineer has determined to be the completion of his project with broken down figures - for 6 months. Commission Member Seamons seconded the motion. All in favor and the motion carried.




Council Member Leonhardt said the state fire marshal office does regulate the amount of children that can be in daycare situations. He’ll try to find the information. Commission Chairman House asked what would happen if more children were in a daycare than should be. Council Member Leonhardt said they would shut them down.


Council Member Leonhardt said he’s concerned with the grade on roads. Mr. Smith has one approved at 16%. That’s very steep for a fire truck to go up. Our ordinance says 10%, no more than 12%. We really need to get that out to these developers when they come in.


Council Member Leonhardt said there are homes being built with only the back roads in. They are going to require fire systems in those homes. If an insurance company calls, the insurance will skyrocket, as Sweetwater’s is doing. He really needs to get fire systems up there. He just wants to make sure we remember that when a subdivision comes in.


Commission Member Hodges suggested that when we come for the planning meeting, we need to look at the ordinance on zoning. There are a lot of things that we can clean up. We need to get rid of the phrase, “other uses similar to above judged by planning commission to be in harmony”.


Commission Member Seamons said we definitely need to get more feedback on daycares. Commission Member Hodges said it’s one thing to do babysitting and another to have 36 children with all the cars coming and going all day. The road is a dead end and hard to turn around in.


The Planning & Zoning Commission said the parking and turn around needs to be addressed.

They feel they need to get a better definition of daycare. We could get some wayward kids here if we’re not careful. Commission Member Bourne suggested making daycares a Conditional Use Permit in residential and limit it to 12 children.


Commission Member Petersen would like to see the regulations of a daycare. Commission Chairman House wants to know who licenses Ms. Criswell.


Commission Member Hodges said she doesn’t like to hurry something that is happening right now. She feels it’s better to think things through.




The minutes of October 5, 2005 were presented. Changes were made. Commission Member Petersen made the motion to approve the minutes as corrected. Commission Member Hodges seconded the motion. All in favor and the motion carried.




Commission Member Seamons made the motion to adjourn at 8:45 p.m.




APPROVED:                                                               ATTEST:




_______________________________________ ________________________________

Brian House, Chairman                                                 Assistant Clerk