Meeting Minutes October 2004







The Garden City Planning & Zoning Commission held their regular meeting on Wednesday, October 6, 2004 at the Garden City Office Building located at 145 W. Logan Rd.    Chairman House opened the meeting at 7:00 p.m.



Those Present:


            Brian House

            Darin Pugmire

            Lana Hodges

            Lance Bourne


Excused:  Lisa Hunt


Others Present:


            Sharlene Millard                                               Matthew Goeckeritz

            Kathy Hislop                                                    Scott Bessinger

            Sue Ann Lantz                                                  Norm Mecham

            Rachel Lantz                                                     Brent & Diane McMaster

            Merlin & Karen Goeckeritz                              Tim & Mary Ellen Durham

            Chuck & Nancy Thomas                                  Steve Durham

            Ray Elliott                                                         Dave Stringham

            Cindy McFarlane




Mrs. Lantz explained that she would like to turn the building of her old business - Rocking Chair Ranch into a scrapbooking and quilting retreat.  She will let the groups come in for 48 hours at a time.  The scrapbookers and quilters will bring their own supplies.  She will supply the bedrooms.  Her home is already licensed as a business and has a fire alarm and wheelchair ramp, etc.  She said there is plenty of parking.  She will try to use the food businesses in town for meals.  Other than that, the customers will bring their own food.  She may have small meals and brunches.  She has a clearance for a food business from the Health Department for her old business.  She does have a food handler’s license.


Merlin Goeckeritz said if she doesn’t have a food handler’s permit, she’ll have to go to the Bear River Health Dept.  She will also need to take a food service managers class.  Mrs. Lantz said her daughter, Rachel, has a standard food handler’s permit.


Council Member Hodges made the motion to approve Mrs. Lantz’ business, saying it was a business before and Mrs. Lantz is set up with rooms, etc.  There is a stipulation for her to have all Board of Health permits and that they also inspect to make sure it’s all up to standards.  Commission Member Pugmire seconded the motion.  All in favor and the motion carried.





Mr. Elliott is here for final approval of the monument sign at the Cottages at BlueWater.  He feels most people are trying to put in monument signs.  He said this sign turned out good.  He plans on putting the fence to the end of the property as homes are finished along Hodges Lane.


The Planning & Zoning Commission said the monument sign looked good.


Commission Member Pugmire made the motion to accept the monument sign for the Cottages at Blue Water.  Commission Member Bourne seconded the motion.  All in favor and the motion carried.





Mr. Goeckeritz showed a plan of his project.  The Planning & Zoning Commission pointed out some items that are not on the plans right.


Mr. Goeckeritz would like to add a real caboose behind his restaurant. It will be used as a gift shop. He said it’s still within the dimensions of the original approval for Phase I.  He’s not going past the area he originally planned for.  The caboose is approximately 10’ x 35’, depending on which one he chooses.  He showed a picture of the caboose.  He will get it from Montpelier and bring it over here.  The caboose will be brought over on its side so it will be lower and won’t hurt any power wires.  It will not have the wheels. 


The caboose will be on a permanent foundation.  There will be a deck, which will go around the north, east and south sides of the caboose and will join the restaurant with steps.  There will be handicap access on one side.  There will be umbrellas with tables in front of the caboose.  No food will be served in the caboose.  The caboose will be plumbed to the sewer for a restroom.   The restroom will be for employees only. 


Karen Goeckeritz said the caboose will be a conversation piece.  It will be painted with the colors they have and will blend with their other building.


Mr. Goeckeritz said they will be losing 4 parking spaces.  The area is just gravel right now.  He will put the Union Pacific logo on the caboose.  He said Ray Lutz doesn’t have a problem with it at all.  He said no garbage blows from his business.  He keeps his place nice.


The Planning & Zoning Commission questioned Mr. Goeckeritz about the fence requirement in his Conditional Use Permit.  Mr. Goeckeritz doesn’t agree that the fence is supposed to be put in all along Ray Lutz’ property right now.  He said he’s still in the Phase I area. 


Commission Member Pugmire said he talked with Mr. Ray Lutz.  Mr. Ray Lutz would like to have the fence all the way back.


Commission Member Hodges looked at the map and said Mr. Goeckeritz is in the Phase II area of this project.  She doesn’t have a problem with it, he can start with Phase II, or he can come back with a new master plan.


Mr. Goeckeritz said if that’s what he needs to do, he’ll do it.  He can’t put the fence in right now if he has to start with Phase II.


The existing fence goes past the proposed caboose about 10-12 feet.


Commission Member Hodges said in order to approve this, the Planning & Zoning could also approve extension of Phase I  to include the property as far as the caboose will be.


Commission Chairman House told Mr. Goeckeritz that the Planning & Zoning needs to know what he wants to do, so a decision can be made.  It was decided to extend Phase I about 20’, to include the caboose.


The Planning & Zoning Commission said everything in Phase I is still okay.  Everything meets the conditions for their Conditional Use Permit.


Dave Stringham commended Mr. Goeckeritz on his business and said he makes his businesses look good.


Commission Member Hodges made the motion that the Planning & Zoning will amend Merlin’s Conditional Use Permit to extend Phase I to accommodate his proposed caboose.  Phase I will extend 20’ in depth from the east to west, and from north to south at least 50’ to the south property line.  When Mr. Goeckeritz comes in for the next phases, he’ll bring a new map.  The fencing that is on the north, is still in compliance with Phase I.  The caboose will be on a permanent foundation with plumbing, electrical and will be handicap accessible.   No food will be served in the caboose.  It will also meet all the building requirements.  Commission Member Bourne seconded the motion.  All in favor and the motion carried.


Mr. Goeckeritz said the caboose will weigh about 60,000 lbs. with the wheels.









Mr. Bessinger showed a map of his subdivision. 


Commission Member Hodges said his map is not platted for water, power and utilities.


Commission Member Bourne said before Mr. Bessinger can sell these lots, they will need to have power.  The Power Company doesn’t do back lines anymore. 


Commission Member Hodges showed an example of what is needed.  He needs to bring in a Preliminary Plat.  She said if he’ll read the subdivision ordinance and the preliminary plat procedures, he’ll know what to bring in.


She explained that he’ll need to read 11E-7 of the ordinance.  The subdivision he applied for last year was for 4 lots or under.  This subdivision is for a full out subdivision.  The requirements are different.  The Planning & Zoning can’t approve just 4 of these 7 lots.  They need to see the whole preliminary plat.  She explained that he can still do a subdivision and then have them approved in phases.  But he’ll still need to bring in a plat map with water, sewer and power on the plat.  The utility company has to sign off on the plat.


Commission Member Hodges said Mr. Bessinger has to have a water service agreement.  He’ll have to have a letter of credit that shows he has the ability to take care of this project.  He can add those to the mylar we have now.


Mr. Bessinger needs to return with the proper requirements of the subdivision ordinance.




Mr. McMaster explained that they have a family lot on Beach front property.  They have one cabin on it now and would like to subdivide the lot and add another cabin.  Eventually it will be divided into thirds. 


Commission Member Bourne asked about there only being one access.  Mr. McMaster is creating an easement.  Commission Member Hodges said the map doesn’t show an easement.  It should be about regular driveway width.  There needs to be access to the properties.  It has to be shown on the map. 


Commission Member Pugmire said the McMaster’s need to record an easement.  If not, one lot could be landlocked.  He said Jeff Hansen can draw it in and have sufficient width.  He said Mr. McMaster needs to protect his property.  Someone else may someday buy one of these lots. 

The McMasters said they could access from the state highway.  Commission Member Hodges said they will need to contact the state for access approval. She said to make sure the access is 25’.   If the road is through wetlands, they’ll have to contact the Corp. of Engineers to classify it as wetlands.




Commission Member Hodges made the motion to table this until the McMaster’s bring in the correct map to show the easement.




Mr. Durham explained that his family is dissolving the family partnership and they want to get property back into family members names.  It’s all one lot now and consists of 1.94 acres.  They’ve tried to divide it all up equally from the lakefront to the highway.  They’ve tried to work around all existing structures. 


Commission Member Hodges said the 10’ easement is not wide enough.  Mr. Durham said he would try to make it 12’.  It’s all gravel open space.


Commission Member Bourne said there are a lot of stakes up, but the property has not been surveyed.  Mr. Durham said it has been surveyed.  The hoods have been pounded in.


Commission Member Hodges said this area has been a trailer park for several years and has had a business license.  In essence, in dividing this up, all of that will go away.  He won’t need a business license and the trailer park will be dissolved.


Commission Member Hodges said something would have to be done differently with the water connections for the trailer park.  Mr. Durham said all the property is fed off 2 water meters.  He said there are only 2 connections there now.  He is paying for more than one unit now.  There was discussion about connections and water rates.  If he closes off the trailer park water connections, he’ll only be billed a flat rate per quarter for residential use.  When they looked at a map of his property and Mr. Durham explained that he still has trailers, etc on the lot, Town Clerk Kathy Hislop said he will not be able to have a residential rate.   


Mr. Durham said he will vacate 2 trailers and will be tearing down one cabin.  Lot 3 will have 2 connections, lot 2 will have 2 connections and lot 1 will have one connection.  Town Clerk Kathy Hislop will work that out with water and sewer.


Commission Member Pugmire made the motion to accept the minor subdivision for Steve Durham with the stipulation that private access will be at least 12’ wide.  The business license will be cancelled for the trailer park, the water and sewer hook ups will be changed to be individual owners and not on a bulk meter.  Commission Member Bourne seconded the motion.  All in favor and the motion carried.


Mr. Durham’s map doesn’t have to be re-drawn. It will just need to show a 12’ easement to be recorded.  Commission Chairman House will have to sign off on it.




Commission Member Pugmire asked about the size of the buildings and parking spaces in Phase I.  He said the footprints are all the same, but the square footage changes.  Mr. Mecham explained that the larger homes have 6 to 7 bedrooms.  He would prefer to keep them smaller, but some homeowners want them larger.


Commission Member Hodges questioned the 2nd home being as tall as it was.  She said maybe she misunderstood that the double storied homes would be down where they terrace to the open area.  Mr. Mecham said Building Inspector Randy Erickson did talk with him about that.  He explained there would be different floor plans in this subdivision, so Mr. Erickson suggested to him to use one as an example of what it would be. 


Commission Member Hodges said she has received complaints from property owners about the height of the buildings.  Mr. Mecham said he has met the height restrictions for the Beach Development zone.


There was discussion about parking.  Mr. Mecham said a lot of people come to the homes, but there are not excessive cars.


Commission Member Hodges said Mr. Mecham has been very successful.  She didn’t think she’d live to see all of these buildings built.  Mr. Mecham said Phase I is not sold out yet, but there is enough interest to start with Phase II.


Commission Member Hodges said she would like to question a few items about Phase II.

She questioned the parking and dumpsters.  Mr. Mecham said he has gained additional parking by shifting the lots.  Dumpsters are planned.  Commission Member Hodges said he needs to bring in a map and show where the utilities are.  Mr. Mecham said the utilities will be stubbed to the end of Phase II. 


Commission Member Hodges asked about fencing for the property owners.  Mr. Mecham said some of the property owners will be buying a section of his property.  The adjacent property owners really won’t be affected until he gets to Phase III.


Mr. Mecham said the front fence will go to the end of the project.  He’s not sure what type of fence will go along the back.


The Planning & Zoning Commission told Mr. Mecham that his project looks very nice.


Commission Member Bourne made the motion to approve Phase II of the Cottage subdivision.  The fence will be worked out with the neighbors.  Lots #37 to 47 will be shifted so there is more parking and access.  There will be 8 parking sites along Hodges Lane.  Commission Member Hodges seconded the motion.  All in favor and the motion carried.


Commission Member Hodges would like the clerks to send a letter along to the Town Council stating what has been talked about.




Commission Member Pugmire stated that he works for Darren Lutz and has a conflict of interest, but will still vote. 


Commission Member Hodges also stated that she is a neighbor and has a conflict of interest, but will still vote.


Mr. Mecham said he doesn’t have a problem with either of them voting.


Commission Member Pugmire questioned the entry way of Cherimoya Hills.  He asked what the width of the road will be along Hodges Canyon Rd.  Commission Chairman House explained that the Planning & Zoning did recommend to the Town Council to look into widening it.


Mr. Mecham explained the road situation with property owner, Ron Hansen.  He showed the newest survey, which has been done, showing the existing fence line.  He’s generated a legal description.  Mr. Hansen is finally agreeing that he will accept the fence line as their property line.  He feels they’re close to an agreement.  He also showed an agreement in principal, which Mr. Hansen has signed.


Mr. Mecham said the town will compensate Mr. Hansen for the property that will be dedicated to the town.


The width of the road will be about 30’ at the bottom, by the highway.  Mr. Hansen is adamant that the road should not come any closer to his property.  The fence is now 17’ from his house.  Mr. Mecham said Council Member Sharlotte Wride has been in conversation with property owner Jayne Davis about the road.  Mr. Mecham said he feels it’s up to the town to determine what width they want for the road.


Commission Member Hodges said there are some major things to be taken care of before Phase I can be started.  She questioned the utilities coming up between lots 49 and 50.  The utility lines go around the lot.  Phase II needs to have two accesses.  There is only one right now.  She’s also concerned with the amount of homes going into Phase I with only ingress and egress.


Commission Member Hodges would like to make the stipulation that there be two accesses for Phase I.  Mr. Mecham said he’s ordering parts for all phases.  When he gets them, he’ll come back and do the platting.


Commission Member Hodges asked if the engineer has looked at this plat and signed it off.  Town Clerk Kathy Hislop didn’t think so.  He will need to look at it before the Town Council approves it.


There was also discussion about the power.


Commission Member Hodges questioned the County Commission meeting held that day.  Cherimoya Hills has been annexed into the town.  The Commissioner’s had asked about garbage pickup at Cherimoya.  She wondered if there have been arrangements made.


Mr. Mecham said the streets in Cherimoya Hills will be town streets, so they may have to have the garbage picked up.  Commission Member Hodges said presently the sanitation department doesn’t come up Hodges Canyon Rd. during the winter.  The garbage has to be taken down to the dumpsters on the highway.


Commission Member Hodges was very impressed with the CCR’s.  Mr. Mecham has kept them simple.  She made a few suggestions of things to change in the CCR’s. 


Commission Member Pugmire asked how much square footage each home has.  Mr. Mecham said 1400 is minimum, excluding the garage and deck.  They will be good sized.  The Planning & Zoning also likes the setbacks of 20’ all around the homes.  Mr. Mecham would like to change the front and back setbacks to match the towns requirement of 30’.


Commission Member Hodges explained that the lots by the canal would have a 33’ easement – from the center of the canal.


Commission Member Hodges said the engineer needs to look at the engineering, water, and fire protection for hydrants.


A member of the audience said he was told that Cherimoya will pump for water and that they should have 90 psi.  He’s concerned because he would like to have a lawn.  Mr. Mecham said he didn’t know anything about that. 


The Planning & Zoning went through the list in the ordinance.


Town Clerk Kathy Hislop asked Mr. Mecham if he was in the sewer district.  He said he will need to annex.


Commission Member Hodges asked if Mr. Mecham had a cost figure for a letter of credit for the utilities.  Mr. Mecham had a cost breakdown on all three phases.  Commission Member Pugmire said he will need one for at least half of the expenses.  Mr. Mecham thought 2/3 of his cost breakdown for Phase I would be good.  It should include the crossing of the canal. 


Commission Member Hodges summarized the items that need to be addressed before final approval of Phase I can be approved:  Ownership of Hodges Canyon Road with the


Hansens, boundary agreements on the north with the Hodges, Engineer needs to sign off on the engineering as far as water, water pressure, roads, fire protection, annexing into the sewer district, sign off with the canal company for the crossing, widening of the road at the bridge over the canal, letter of credit for improvements, power line issue of one pole to be moved, two egresses and ingresses will be completed for Phase I.


Commission Member Hodges explained that curb and gutter on the steep topography is not required.  It is not part of the project.


Mr. Mecham will need to come back for final approval.


The entrance into the common area was discussed.  Mr. Mecham explained that it’s 10’.


Commission Member Hodges would like the clerks to type a letter explaining this meeting for the Town Council.


Commission Member Pugmire wondered about the timelines and meetings for the Planning & Zoning and the Town Council.  Mr. Mecham said sometimes it’s tough to meet the deadlines, but there are times when the Engineer, etc., needs to look at the plans also.


Mr. Mecham will work on getting these requirements done.






Commission Member Pugmire referred to the county property across the street from the town office.  He wondered what zone the town would like that area to be if it were annexed.  Commission Member Hodges explained that the person annexing is the one that requests what zone they want.  They thought commercial would be good. Town Clerk Kathy Hislop said there are others wanting to annex into that area.  It would be good to bring all of them in together, so there isn’t an island.


Commission Member Pugmire also asked about 3rd West – South.  He wondered if property owners receive any type of compensation for the land they have to donate.  Commission Member Hodges said that in the past, the town has asked people to donate.  It enhances their property and the town improves the road.  All of 3rd West – North was donated, other than Hyrum Lantz who got  road base on the lane to his house.  Some people also go water connections.  It’s negotiable.






Architectural Standards


Council Member Sharlotte Wride said there are a few changes that still need to be made.  She would really like this ordinance to go to the Town Council next week.  She would like the Planning & Zoning to recommend this to the Town Council.


Commission Member Hodges made the motion to make the changes and recommend it to the Town Council.  Commission Member Bourne seconded the motion.  All in favor and the motion carried.




Assistant Clerk Sharlene Millard asked the Planning & Zoning what zone Charlotte Mann’s home is in.  There was discussion and they decided she lives in the Single Family Residential zone.


Town Clerk Kathy Hislop explained to the Planning & Zoning that she has talked with County Recorder Debbie Ames.  She has some issues with the names of some streets in Bridgerland being the same names as some streets in Buttercup Subdivision.  Ms. Ames said she would call and see if an affidavit can be done.  Mr. Ted Wilson said he will do whatever needs to be done.  He will be coming in to change one of the names that cross the highway.


Commission Member Hodges said we’ll have to start watching the names of roads when we approve subdivisions.


Town Clerk Kathy Hislop said she’ll go ahead and have Ms. Ames make the changes.





The minutes of September 15, 2004 were presented.  Commission Chairman House tabled the minutes until next month.




Commission Member Pugmire made the motion to adjourn the meeting.  Commission Member Hodges seconded the motion.  The meeting adjourned at 9:35 p.m.


APPROVE:                                                      ATTEST:




________________________________        _______________________________

Brian House, Chairman                        Assistant Clerk