Meeting Minutes 2006


MINUTES OF THE

PUBLIC HEARING OF THE

PLANNING & ZONING COMMISSION OF

GARDEN CITY, UTAH

 

The Garden City Planning & Zoning Commission held a Public Hearing on Wednesday, November 1, 2006 at the Garden City Office Building located at 145 W. Logan Rd.  Chairman Seamons opened the meeting at 6:50 p.m.

 

Commission Member Present:

 

            Jennifer Huefner

            Jared Seamons, Chairman

            Dennis Salzetti

            DJ Ballingham

            Greg Bills

            Frank Smith

 

Others Present:

 

            Sharlene Millard                                               Cindy McLaughlin

            Anita Weston                                                   Margaret Satterthwaite

            Mike Knapp                                                     Rusty Hart

            Rich Smart                                                       David Roberts

            Penny Fox                                                        John Andersen

            Susan Hayward

 

SMART SUBDIVISION

 

Chairman Seamons welcomed everyone here.  He said we are discussing the subdivision application of Smart Construction to divide property at 300 W. – North into 3 lots.  This is north of LeGrand Johnson Construction.  It is zoned commercial.  There have been comment letters received from the attorney and engineer.

 

Commission Member Huefner asked if this has been subdivided from Mr. Hildt or are they co-owners of the property.  Mike Knapp feels they are not co-owners of the lot with Dee Hildt. 

 

Commission Member Ballingham is concerned about this subdivision being done illegally.  He said we would be setting precedence if we let this pass.  We should follow the Garden City guidelines.

 

Chairman Seamons closed the meeting at 7:00 p.m.

APPROVED:                                                   ATTEST:

 

 

___________________________________   ___________________________________

Jason Seamons, Chairman                                Assistant Clerk

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                                          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, November 1, 2006 at 7:00 p.m.  The meeting was held in the Garden City Office Building located at 145 W. Logan Rd.  Chairman Seamons opened the meeting at 7:00 p.m.

 

Commission Member Present:

 

            Jennifer Huefner

            Jared Seamons, Chairman

            Dennis Salzetti

            DJ Ballingham

            Greg Bills

            Frank Smith

 

Others Present:

 

            Sharlene Millard                                               Cindy McLaughlin

            Anita Weston                                                   Margaret Satterthwaite

            Mike Knapp                                                     Rusty Hart

            Rich Smart                                                       David Roberts

            Penny Fox                                                        John Andersen

            Susan Hayward

 

MONUMENT SIGN, BODEAN’S,  Jim McLaughlin

 

Cindy McLaughlin was here representing her husband. 

 

Commission Chairman Seamons said his biggest concern is not knowing the dimensions of the sign.  Ms. McLaughlin showed pictures of what the sign will look like.  She said it will have the same type of stone as Bodean’s and there will be bottom pillars for a bench to sit on.  They would like a community bulletin board.  She wondered about covering it with pexi-glass.  “Bodean’s” will be written above the sign.  She wondered if the height of the sign needs to be 6’ or 8’?  If it’s 6’ it won’t work for them.  She would put the sign on the corner of the lot.  Commission Member Huefner told her it couldn’t be within 2’ of the lines of the street.

 

Ms. McLaughlin said they would continue with the landscaping.  There will be no internal lighting.  But would like lights facing the sign.  Commission Member Ballingham said the spotlights would be best with a wood sign anyway.

 

Commission Chairman Seamons said he would like to see a better location for the sign on the lot.  He would also like more information, i.e. dimensions, height, what she’s thinking

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for lighting, landscaping looks okay.  He would just like more specific details.  That would be helpful.

 

 Commission Member Ballingham said this is a fantastic idea.  He recommended covering the sign with the pexi-glass.  He’s worried about wind blowing papers around and distributing garbage throughout town.  Sometimes the bulletin board at the post office even looks junky. 

 

Ms. McLaughlin said she would put pexi-glass over it.

 

SUBDIVISION, Smart Construction

 

Commission Member Huefner said she has a conflict of interest with this, but will plan to vote.

 

Commission Chairman Seamons said a couple of items have been brought to his attention.  There are some discrepancies in the legal description. That needs to be re-visited and match with the ownership.  Because the subdivision wasn’t done legally through the town, it’s as if they just bought half of someone’s property. 

 

Mr. Knapp said this is a 10-acre piece.  They bought Ted Hildt’s half.  He said it hasn’t been subdivided.  Commission Chairman Seamons said it’s recorded, but has not gone through the town’s subdivision process.

 

Commission Member Huefner explained that they need to divide their property from Dee Hildt’s.  As of right now, the town understands that they all co-own the whole lot.  It needs to be divided legally.  It could be done as a 4-lot subdivision.

 

Mr. Knapp said Mr. Hildt is willing to sign to do that.  Commission Chairman Seamons said it wouldn’t do us any good to move forward until that has been arranged.  He needs to make sure the discrepancies get addressed. 

 

Commission Member Seamons said for Mr. Knapp to come back next month and include Dee Hildt’s lot in the subdivision.  He will also need to make sure the letter from the attorney will be addressed. 

 

Commission Member Ballingham talked about the water rights and setbacks.  They will need to go to the Town Council to discuss water rights.

 

CLARIFICATION OF THORNBERG SUBDIVISION CC&R’S,  John Andersen

 

Mr. Andersen said he has a couple of issues with the Thornberg Subdivision.  Some of them are Homeowner Association problems, but they are interested in advice.  He said

the 1967 legal description talks about the roads being used for public use.  They would like to re-clarify what private and public land is.  They would like to make sure it’s private.  The lots are private.  They maintain it along with the common areas.  The county recorder said where it says public, anyone would think they can use it.

 

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Commission Member Huefner said subdivisions must have a certain percentage of open area.  The town requires an easement over the open area to keep it open.  It clarifies that it’s not public land.  It’s private and is only for owners use.

 

Commission Member Bills asked as a Homeowner’s Association, can’t you supply the county with some amended rules?  You could just write up a simple definition and have the Planning Commission and Town Council sign it.   Commission Member Ballingham said it would need to be signed by all the homeowners also.  It’s not so much of a change as it is a clarification.

 

Commission Chairman Seamons said when you make an amended portion to the Homeowners Association, it needs to be recorded for title companies to do a search and it will need to be supplied to all owners.  They didn’t think it needed to go through Planning & Zoning.  Debbie could probably use a copy of the minutes to see that it was talked about.

 

Commission Member Smith said it’s better to do an amendment to clarify everything.  He thinks everything will be fine.

 

Commission Member Ballingham said minutes specifically say that the Planning Commission feels that this is something that needs to be taken care of through the Homeowner’s Association and is not our jurisdiction.

 

Commission Chairman Seamons reminded them to follow the requirements through the Homeowner’s Association so that it’s done through the proper procedure.

 

Mr. Andersen said the second question is that when this subdivision was put into place, the area was divided into 15 lots.   Person who owns Lot #14 sold some land which was not part of the subdivision and gave the new buyer 1/15th of the common area.  The person has been given rights for 50’ of the north lot, without talking to the homeowners, they never imagined anyone would be piecing off part of their rights.

 

This new person has created a motor home pad, etc.  They have cleaned up their lot and it does look nice.  He wants all the rights of the Homeowner’s Association, but doesn’t want to pay for anything.

 

Commission Chairman Seamons feels this was not done legally.  He suggested taking this to an attorney.  He said they should find some legal ramifications.  He said we really can’t make a decision on this.

 

Commission Member Ballingham said to be able to deed the rights of a 50’ parcel, he wondered if that would go through a subdivision process.  According to the town, this doesn’t even exist.   Mr. Andersen said they’re okay with them making an extra lot #16 for the subdivision.

 

Commission Chairman Seamons said when they start with a new subdivision, they’ll have to adhere to our present ordinances.

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The Planning Commission said they will do research and decide if the motor home should even be there.

 

DISCUSSION ITEMS

 

Right of Way/Flag Lot Discussion

Commission Member Ballingham talked about Smart Construction’s subdivision.  He said dividing the lot up the center is good.  If they shifted it to the side, it would be a flag lot.  He’s seen flag lots work well if there is a 4-5-acre piece of land for a fire truck to turn around.  In smaller ones, he said we’re dealing with lots less than 1 acre.  If there is a flag lot situation and a house starts to burn down, what’s to say all the homes there wouldn’t burn also and how would the people get out.  There are no good answers.  We need good guidelines.

 

A lot of people like to let their child have a piece of their land.  If someone lets their child build behind them with a small path to get there and there’s a disaster, they’ll come back to the town.  We shouldn’t say they’re not allowed.  Just make them safe.  There should be a 60’ turn around for emergency vehicles.

 

There will be some people who will build without trying to get a building permit and go through the Planning & Zoning.  That’s a big problem to him.  If we say they need a 60’ turnaround, it’s taking a big chunk of their ground.

 

Commission Member Smith said perhaps we need to make delineation between residential and commercial flag lots.  A commercial flag lot would have a parking lot in front.  If someone isn’t subdividing their own lot, it’s different than deeding off the lot.  But residential and commercial flag lots need to be treated differently.

 

Commission Member Ballingham said he has seen a fire truck pull up to a rear home and the first home starts on fire.  The firemen end up dead.  Also, some might say it’s the addition is an extension, they don’t need a building permit, but the second home won’t be built to code if they don’t get a building permit.

 

Commission Member Bills said in convenience of the homeowner, if people bring in a boat and can’t back it up, it makes for a problem.  Commission Member Ballingham is thinking of access so a truck can go through.  He feels this situation should follow a minor subdivision procedure including a place to turn around.  They might get back there okay until an emergency vehicle needs to get through.  Also, if flag lots are allowed on small lots, the front home will be de-valued if there is a bunch of apartments or kids behind.

 

Commission Chairman Seamons said we need to come up with some type of delineation saying flag lots are only allowed on a certain amount of land.  Commission Member Ballingham said according to our current subdivision ordinances, it doesn’t allow that, there’s not enough room.

 

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There was discussion about making the lots have a certain acreage.  We need to define if it requires an egress/ingress and turn-around.  Also, maybe decide where the road goes through the middle or side.  That will make a difference.

 

The house that was discussed last month was okay to approve because there’s a parking lot on the next side.  If it were on a hill, a fireman would be killed.

 

Commission Chairman Seamons wondered if we’re making it easy for people to come in and make a subdivision without coming through the Planning & Zoning Commission.  It makes it easy for them to keep coming back dividing off chunks of a lot.

 

There was discussion about people coming back time after time and dividing chunks off the land.  They wondered how it could be tracked.  They may not be here in a few years to catch it.

 

Commission Member Ballingham said we are the ones to catch it.  It’s our job. We need to do something to stop it.

 

Commission Chairman Seamons said we need to catch it so the next people won’t have a mess when we leave.

 

Commission Member Huefner suggested we look at what other communities have done to solve this issue.  She suggested making an assignment for someone to find out.  She shares the concerns but doesn’t want to make it impossible to subdivide.  Commission Member Ballingham will do some research on this.  He has already looked up some information.  He will take the lead and bring back information to our next meeting – for at least 3 communities.

 

There was a question as if a flag lot is a minor subdivision.  Commission Member Ballingham said he would look into that.  Commission Member Bills said it should be a minor subdivision.  Commission Member Ballingham said Ogden doesn’t believe in flag lots, but minor subdivisions.  Commission Member Bills said he would like to do away with the term “flag lots”.

 

Commission Member Ballingham said we’ll see land of ½ acre and someone will bring in their RV.  We do have an ordinance for that, but he thinks they’ll just do that instead of a minor subdivision.

 

We also need to have civil remedies or penalties to our ordinance so they can be enforced.

 

APPLICATION OF RESIDENTIAL VS COMMERCIAL REQUIREMENTS

 

Commission Member Ballingham said there was a question that if you build a residential home on commercial property, do you go by the commercial rules or the residential rules?  He’s not sure the standards apply to a residence.

 

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Commission Chairman Seamons thinks as a board, the Planning Commission can make that decision on each basis.   There is nothing set in stone.

 

Commission Member Ballingham said to look at what precedence has already been set.  Should a residence follow the architectural standards?  What if they haven’t and then they change their home into a business?

 

Commission Member Seamons thinks it all comes down to prudence on our board to make that determination.   We need to see what they’re coming in for i.e. a Conditional Use Permit and some of the requirements would be that they follow the architectural standards.  Commission Member Huefner thinks we could legally do it

 

GENERAL PLAN

 

Commission Chairman Seamons would like to assign each commission member a portion of the general plan to go through and start attacking.  They can each give their own feedback.

 

He said he can’t think of anything more important than this right now.  It’s okay to talk about this with the Mayor or Council Members outside of this meeting.

 

Council Member Satterthwaite suggested the Utah League of Cities and Towns as a website that may be helpful.  She said the website gives you a list of towns.  You can go in their area and it will show the ordinances and general plans of other towns.  She said Ivins is a comparable town.

 

Commission Chairman Seamons said his intent is to get everyone familiar with at least one item and when we come back, we can talk intelligently about it.  He requested that the commission read the general plan.  Council Member Satterthwaite said the general plan does require approval of the Town Council.  She said she has asked to talk to a consultant out of Ogden who does this type of thing.  It may cost us $1,500 for a workshop, but she’s good.  Her name is Pat Comrell.  She will be presenting this to the Town Council.

 

Commission Member Ballingham said he would like the opportunity to work through this first.  Council Member Satterthwaite agreed.

 

Commission Member Huefner said we also have good information from training we’ve been through.  She’ll get some copies made for them.

 

 

Commission Chairman Seamons said the chamber is conducting a meeting on the 15th of November.  He would like them to go so they know we’re serious and want to make a difference.  Penny Fox said they want to see what resources are available in our town.  These people are the ones to help us get grants, etc.  The Commission thanked her for putting this together.

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Commission Chairman Seamons said as the Chairman of the Planning Commission, he would like to recognize Penny Fox for taking the lead.  We appreciate all she’s done to put the chamber meeting together.

 

DECISION APPROVAL FORMS

 

Commission Member Huefner said the approval forms are a way we are documenting our findings.  It’s what we need to do for state law.  She would like the commission to let her know of their suggestions.  The forms aren’t done right now.  We’ll put in on the agenda next month.  She’ll also do approval forms for signs, subdivisions, PUD’s, etc.  She would also like to see these forms on town letterhead.  The Commission thanked her for putting the forms together. 

 

Commission Member Ballingham made the motion to accept these as part of our procedures, with the only adjustment of placing them on town letterhead so that they do appear not only official but will be come part of the town’s official paperwork. Commission Member Salzetti seconded the motion.  All in favor and the motion carried.

 

APPROVAL OF MINUTES

 

The minutes of the Public Hearing of October 4, 2006 were presented.  Commission Member Huefner made the motion to approve the minutes as presented.  Commission Member Ballingham seconded the motion.  All in favor and the motion carried.

 

The minutes of the regular meeting of October 4, 2006 were presented.  Commission Member Ballingham made the motion to accept the minutes as presented.  Commission Member Salzetti seconded the motion.  All in favor and the motion carried.

 

MISCELLANEOUS

 

Commission Member Huefner said she’s not sure we can have an agenda item labeled miscellaneous.  We need to specify what we are addressing so people know what we’re discussing.  Commission Chairman Seamons said if there is something they want to be discussed, get it to the clerk 2 weeks prior to the meeting so it can be on the agenda. 

 

Commission Member Ballingham made the motion to remove the miscellaneous items off the agenda.  Commission Member Salzetti seconded the motion.  All in favor and the motion carried.

 

ADJOURNMENT

Commission Member Ballingham made the motion to adjourn the meeting at 9:00 p.m.  Commission Member Bills seconded the motion.

 

APPROVED:                                                               ATTEST:

 

______________________________________     _______________________________

Jared Seamons, Chairman                                             Assistant Clerk

 

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