Meeting Minutes October 2005






The Garden City Planning & Zoning Commission held their regularly scheduled meeting on Wednesday, October 5, 2005 at 7:00 p.m. at the Garden City Office Building located at 145 W. Logan Road. Commission Vice Chairman Hodges opened the meeting at 7:00 p.m.


Commission Members Present:


            Lana Hodges, Vice Chairman

            Jared Seamons

            Nate Parry

            Troy Petersen

            Lance Bourne


Others Present:


            Sharlene Millard                                               Frank Smith

            Randy Erickson                                                Dennis Bullock

            Margaret Satterthwaite                                     Brian G. Lyman

            Cindy McLaughlin                                            Candace Daly

            Ramona Wheeler                                              Jackie Manning

            James Criswell                                                  Ned Calder

            Fred C. Cox

            Greg Sheehan




Jared Seamons was sworn in as a new member of the Planning & Zoning Commission. He will replace Cindy McFarlane, who has moved.


The agenda items have been moved to accommodate those present.


RE-ZONE FOR N. BEAR LAKE BLVD., Cindy McLaughlin, Ramona Wheeler


Cindy McLaughlin has been working with the property owners on the west side of N. Bear Lake Blvd. to re-zone their lots from Single Family Residential and Multi-Family Residential to Community Commercial. The lots to be re-zoned are from 200 N. Bear Lake Blvd. to approximately 255 N. Bear Lake Blvd. Terry and Karla Allen do not want their lot zoned commercial, so the re-zone just goes to their lot.


Commission Member Hodges said that those lots will be together and won’t create an island.


Commission Member Parry said that the corner lot of Gus Chournos’ is already zoned commercial, so adding on would only be a benefit to the community. Commission Member Seamons said he has read through it and doesn’t have any questions.


Commission Member Parry questioned Fay’s Trailer Park. They are grandfathered now, but will have to adhere to the Architectural Standards if they change anything. Commission Member Hodges questioned why the garbage bills were sent in with the request. Ms. Wheeler said they were trying to show that they thought that lot was already commercial. There was confusion.


The Mann property goes clear to the rear. There are 4 actual properties that belong to them. There is a private dirt drive that goes to the rear home. Ms. McLaughlin said they have done a survey on the Tyer property and it’s all within the fence.


Commission Member Hodges said she doesn’t have a problem with this as long as no island is created.


Commission Member Parry made the motion to re-zone the lots from 200 N. to 255 N. Bear lake Blvd (west side). Commission Member Petersen seconded the motion. All in favor and the motion carried.




It was explained that Mayor Hansen wanted the Planning & Zoning to talk about putting Daycares/Preschools in Residential zones. Commission Member Parry explained that John Hansen was here at the previous meeting and didn’t think that area was good for a commercial business. He personally doesn’t see a problem with the daycare coming in as long as it passes all the requirements.


Commission Member Petersen said he doesn’t have a problem with them putting it in a residential zone. But if we give a Business License to someone, all the requirements should have to be met. Even with getting the building up to par.


Commission Member Seamons said he likes the idea of having a daycare in a residential zone. He wondered if we need to get input from other residents in the area. It will increase traffic and place an impact on them.


Commission Member Hodges explained the ordinance was just changed. The Planning & Zoning Commission didn’t have daycare in a zone, so we put it in the Community Commercial zone just to put it somewhere. Actually, because of the Majestic Ranch. This area is more recreational than anything else. We have areas in the residential areas where a lot of people aren’t there all the time. She said she doesn’t care if you fence the children in, they can get out.


Commission Member Parry asked about the ages of the children that would be in the daycare. Mr. Criswell, the owner of the Snuggle Day Care, said the ages would be from infants up to 12 years. They also do after-school care.


Commission Member Hodges said we need the whole quorum for discussion and to be able to think about this.


Commission Member Parry said a daycare is definitely needed somewhere.




Mr. Fred Cox and Mr. Greg Sheehan will be working together. They would like to develop a lot north of KOA and south of Royal Juniper Woodworks. Frank Smith owns the lot, which they are buying for the development.


Mr. Sheehan explained that they are here to get initial feedback, learn the requirements, etc. They may make some minor modifications before they turn their plans in for approval. Their concept is to bring in a small building to be used for professional office type space to market banks, doctors, lawyers, financial companies, title companies, etc. They would like to bring more core businesses into Garden City and give an opportunity for higher and newer office class space.


He’s not sure if the town is ready for this yet. This is a growing area. It will need more than just homes. This will be a risk on his part. He won’t start construction until Mr. Cox does a study.


He’s been successful with that. The building he would like to bring in would have different units inside the building. That would be a lot cheaper to build. There will be about 1000 sq. ft. per unit.


Mr. Cox questioned the parking requirements that are on the Internet. One parking space for every 2 ½ employees would work well for an office situation, but if the units have a retail business, it would seem they would need more. He feels our ordinance requires more than other places.


He said he’s concerned with the retail parking.


Mr. Cox and Mr. Sheehan said they would like 300 W. to open up soon. It would help with their project. They would like to start with building one building, get enough parking for that, then go to the next.


Commission Member Hodges said they would need to comply with the Architectural Standards

They will also need to get permission from UDOT if they plan to have an entrance off of Hwy 89. Mr. Cox said they will use the easement off of the Bodrero’s (cabin north of lot). Mr. Smith said he set that up before the lot was sold. 300 West wasn’t even thought about then. It could be a secondary access with 300 West being the main access.


Mr. Cox said they will have a small amount of frontage. Their experience with UDOT is that it may be hard to get access. Mr. Sheehan said they would really like their access to be on 300 W. He said the Bodrero’s are also interested in their access being there.


Commission Member Hodges said it looks like 300 W. may be delayed until spring.


Building Inspector Erickson thinks the delay is because Frehner Construction promised the town they could have some of their rock. Now they need to have an environmental study. Also, the time of year is not conducive to putting in the road.


Mr. Sheehan asked if the Planning & Zoning Commission is comfortable with the idea of their project. He feels it would turn this area into a year round type of place. They will need to get some marketing done to see if some of the people can come over from Logan. He would be willing to work with someone who would like to try something seasonally.


Mr. Sheehan also questioned the high speed limit on the highway. It was explained that the town has worked with UDOT and they won’t drop the speed limit in that area.


Mr. Sheehan said he came into this area and thought 300 W. would be a future focus. But it’s coming faster than he realized and is concerned with someone else building the same thing that he will. With the types of businesses that he’s trying to bring in, he will be looking at future growth.


Commission Member Hodges said a year ago, there was property sold on the south end of town. They also did a study. The intent was for growth and now they’re selling the property.


Mr. Sheehan said part of the market here would be as far north as Montpelier. Doctors and Banks want to be in the crossroad areas.


Mr. Sheehan wondered if the location sounds like a good place. Commission Member Hodges said Mr. Smith has been in on this process from the very beginning. The town envisions having businesses, bike paths, etc.


Commission Member Parry said a new PUD, Lochwood at Bear Lake Marina, is coming in next to them.


Commission Member Hodges talked about the Architectural Standards. It is requiring aesthetics like; rock, log, pitch, roofing, sidewalks, lighting. It has been incorporated into all the commercial areas to make the area look more uniform.


Mr. Smith said this new development is flexible because the walls inside can be moved.


Commission Member Parry said people don’t like having to build new buildings for their business. So, it’s a good idea to have a smaller area.


There is still a question with the parking. Mr. Sheehan wondered if they need a variance for the parking, because the businesses will change. They would like more of an understanding of what is really needed.


Building Inspector Erickson said the town follows the IBC. Mr. Cox said it makes sense for a professional type business, but for retail, it’s steep.


Commission Member Hodges said Canyon Cove met the parking requirements. She really doesn’t think this would be a good retail area. It’s not in good walking distance from other things.


Mr. Smith said most of the units should be office, not too much retail.


Commission Member Hodges talked about the original design for 3rd West. She said the town wanted something that you could walk from one to another. We wanted lighting, benches, parking on the west side, etc. It may be 2 years, it may be 30 years before it’s done. She said good luck on their project.


REZONE, Ned Calder


Mr. Calder said he wants to re-zone his lots the same as Paul Nance wants to do. The town is trying to purchase a part of his lot. They would just like to change the zone to commercial.


Commission Member Hodges stated that the town will be putting 300 West – South in through Buttercup. She said this would create a commercial island in the middle of Recreational Residential. She asked if the town wants to put something on that lot, what does the zone need to be? She looked through the ordinance.


Mr. Calder said they’re thinking of putting the library there.


Building Inspector Erickson said after last month’s meeting about zoning islands, he called the League of Cities and Towns. Islands are for annexations, not zoning. If you have a residential area, you can spot zone commercial. If the General Plan shows spot zoning, it’s legal. When planning the roads, 200 W. and 300 W., we need to look at what zones we want where.


Mr. Calder said he’s not in a big hurry to change the zone. If they want to think about it, that’s fine.


Commission Member Hodges said she’s been in on the planning of the future roads. The 3rd W. - North was planned as Commercial because it’s close to the commercial area. But the 3rd W. - South road will be more of a bypass road to get away from all the commercial areas.


Commission Member Hodges said Mr. Calder’s property was just annexed into the town for recreational residences. The town library/office is a public building, not a private building.


She said a public library, public utilities and public building are Conditional Use Permits in the Single Family Residential zone. A city office would not be allowed in a commercial zone.


Mr. Calder said he would like to put it on hold for right now. He needs to get a copy of the ordinance.


This item has been tabled until next month.


TRAFFIC IMPACT STUDY, Lochwood at Bear Lake Marina


Brian Lyons said about a month ago, he went to UDOT and talked about the 300 W. exit being an emergency exit. He feels that way they wouldn’t have to put in a left-hand turn lane. They’ve had a new TIS study done. He said he would put in a crash gate for emergencies, for now. In the year 2012, they would then be required to have a turn lane onto 300 W. He read from the study. The Planning & Zoning has never gotten a copy of this.


Mr. Lyons said they would like to proceed with the development. The left-hand turn lane has been a snag for a few months. It should help the town until additional development warrants that.


Mr. Bullock said the Town Council informally said they didn’t care about the second access. The Planning & Zoning insists that they do. They are trying to solve the problem, but don’t know what they’re expected to do. Down the road, the RDA money can help put in the left-hand turn lane. They will bring the income to the town, through the development.


Commission Member Hodges said she stands firm with the two accesses for safety reasons. Commission Member Bourne said that is what is required in the ordinance. Even last month, we talked about putting it in.


It was explained that a crash gate is a gate that can be pushed over in emergencies with no damage, but it keeps other people out. It’s only used for emergencies. Commission Member Hodges said the purpose of two entrances is to get in and out. Mr. Lyons said two entrances are for emergencies.


Commission Member Hodges said by our ordinances now, you have to have 2 entrances into a PUD. If you have an exit onto 3rd W., you will have to put in a turn lane.


Mr. Bullock said they will gravel on the emergency exit for now. The town will have all the RDA money to help them put the road in.


Commission Member Hodges said the Planning & Zoning is caught in the middle of the process.


Mr. Lyons said they’re not looking for approval of the final plat. Mr. Bullock said we’re just asking for your blessing. But this way, the town won’t have to put in the lane.


Commission Member Petersen asked if UDOT said this way would be a fix and they would go along with it if it passes the Planning & Zoning? Mr. Lyons said yes.


Commission Member Bourne said as long as it’s there and UDOT agrees with it, he’s happy about it.


Mr. Bullock said they’ll have the gravel road in their letter of credit.


Commission Member Petersen also agreed that if UDOT is okay with it, he is too. Commission Member Hodges agreed, as long as there is a time frame included. Commission Member Petersen said it should be done in the first phase before those other homes can be put in. Commission Member Bourne said we need to set a stipulation that it will be done in Phase I.


Commission Member Petersen asked if the engineer agrees or disagrees. Commission Member Hodges said he disagrees and read from his letter.


Mr. Bullock said it’s not up to them to put in the lane for the town. Commission Member Hodges said the town won’t let them compromise putting in 3rd West.


Mr. Bullock guesses their project will bring in about $300,000 through the RDA funds. He also said it goes down every year after the first.


Commission Member Hodges said she would like some input from the Engineer and Town Council. Commission Member Bourne said the ordinance does say a PUD needs two entrances.


Commission Member Hodges would like to review this with the Town Council and get everyone on the same page.


Mr. Bullock said they are asking for approval tonight to do this. Commission Member Petersen said they need to get approval from UDOT first.


Commission Member Bourne said a crash gate will never be closed with kids riding bikes, etc.


Commission Member Hodges said 3rd West is delayed until spring.


Mr. Bullock said he just wants their blessing to put in a crash gate for Phase I only. Then wait and see how Phase II sells. Commission Member Hodges said for them to come back when UDOT has given their approval. She also wants to talk with the Town Council and Engineer. The Planning & Zoning also has to rely on their sources.


Commission Member Hodges said the Planning & Zoning is agreeable with their project, but they have to get UDOT’s approval. Their discussion tonight was only on the agenda as a discussion. No approval can be given.


Commission Member Seamons said he would give approval if UDOT gives theirs.


CONDITIONAL USE PERMIT, Troy Peterson, Mike Madsen, and Doug Madsen


Mike Madsen said they’re here to get a Conditional Use Permit for an office, place for working on their vehicle and store equipment. He showed drawings of the buildings.


Doug Madsen said they doing the same thing as before, but just trying to meet the Architectural Standards.


Commission Member Hodges asked if they had Architectural drawings for the Planning & Zoning to look at. The ordinance states that there needs to be 4-view drawings.


Mr. Madsen said the front of the building will be rock and stucco. The entrance will be on Lyn Hilsman’s side of the lot.


Commission Member Hodges said the standards are set for the side of the building towards the street. They will have to conform with the standards. Doug Madsen said it’s not a platted road, so we don’t have to do anything facing Mr. Hilsman. Mr. Petersen said no one takes claim to the roads. Everyone uses it, but it’s technically not a road. A group of homeowners takes care of the roads.


Commission Member Hodges asked if everything has been resolved with the neighbors who came in previously? Doug Madsen said yes, there will be a road, even if it’s not platted. They are exchanging property with Rick Rose for access. The road and fire hydrant will be shifted to accommodate a road.


Commission Member Hodges read from the ordinance. She said if they’re fencing, the fence by the buildings needs to be agreeable with the neighbors. Mr. Petersen said a street to him is something that the county or the town owns. No one will take ownership of this road.


Mr. Petersen said they will fence around their lot to Steve Hislop’s. There will be two accesses with two gates. That way they can use it for their large equipment.


Doug Madsen asked which side of their building the Planning & Zoning would like their facade to face? The highway or Lyn Hilsman’s?


Commission Member Hodges said if they use propane, the propane tank will need to be buried. They will have an enclosed dumpster.


They will be using chain link for their fence.


Commission Member Hodges said they will need Architectural drawings. The ordinance requires a 4 x 12 pitch. Mr. Petersen said they have one building with open bays. The roof will be metal, but it’s an odd shaped roof. He wants to make one side a 2 x 12 pitch.


Mr. Petersen said the landscaping will be a gravel yard. They will have landscape rock down one side with planters on the office side. Commission Member Hodges said 20%f should be landscaped, but that can be adjusted.


Commission Member Bourne talked about no outside storage being allowed. Mr. Petersen said that stipulation is more for raw material. He can park a dump truck, just not stored supplies. There won’t be any dirt products there.


There will be shop lights on the buildings. No lights aiming outside of the yard. All lights will be inside the lot. Commission Member Hodges said the ordinance just states the lighting has to face downwards.


Mr. Petersen said the south side of the building will be the nicest side to show with the highway going by. Commission Member Hodges to be a good neighbor, it might be nice to place a tree. Mr. Petersen said he’ll use a few planters.


Doug Madsen said the only thing they’re asking for is to have the building face the other way.


The building will be earth tones. In the back there will be a lean-to. Putting a 4 x 12 pitch on the roof would look really funny. It’s a back building and feels that pitch won’t look good. There will be gravel in the front. There will be a parapet, like Chevron’s. He doesn’t want all the snow dropping where he’ll need to drive. He’s making the building tall enough to get his equipment in and putting that pitch of a roof will make it really high. It will have a 50 lb. snow load.


Commission Member Hodges said if he doesn’t have at least the required snow load, it will cave in. Mr. Petersen said that will be on him then.


Commission Member Hodges asked Building Inspector Erickson about the 4 x 12 pitch for one side of the building. It will be 30’ deep on a metal roof. He said it will look weird. One side will be in the air.


Mr. Petersen said the Building Inspector won’t let me build it if it won’t work.


Commission Member Bourne said he would like to see the drawings.


Doug Madsen asked if they could get approval. Commission Members Hodges and Bourne would like to see the drawings before approval. Building Inspector Erickson said the facade, etc goes to the Planning & Zoning, the rest goes to himself.


Commission Member Parry said if the Building Inspector holds them to the standards, except the 4 x 12 pitch, he thinks it should be okay.


Doug Madsen again asked which side the building should face. He said it will look nice.


Mike Madsen said there will be no equipment stored outside the fenced area. There will be some landscaping by the entrances. The office area will have plumbing, septic, etc. There will be restrooms for workers, not the public, so handicap requirements won’t be needed.


Commission Member Bourne made the motion to approve the Conditional Use Permit for TBP Construction office as long as they follow the Architectural Standards. The south side for Architectural Standards. Commission Member Parry added they won’t be selling retail, so there will be no public.


Commission Member Hodges added that the Architectural Standards will be approved by the Building Inspector. The engineering design will also go to the Building Inspector. The fence will be chain link, the dumpsters will be hidden. If they use propane, the tanks will be buried. A 2 x 12 pitch okay on one pitch building. Didn’t address parking because of no retail. Commission Member Bourne added there will be no storage of excess material, i.e. dirt, rock, junk concrete, supplies, raw materials, etc. in the yard.


Commission Member Parry seconded the motion. All in favor and the motion carried.




Driveways at the Cottages


Building Inspector Randy Erickson said in all the discussions with the Cottages, he understood that all the parking would be off the road. It was discussed how many cars could be put there, but didn’t think it was discussed how deep the driveways needed to be.


He said there are also houses that face into each other, which creates the same amount of parking for each.


Commission Member Hodges said the driveways can be no less than 20’ deep. Building Inspector Erickson said some are not facing the road, some are on the side. The main thing that is needed is the 20’ for the driveways.


Commission Member Hodges said there is no grass between the houses. There is just cement around the homes. Candice Daly, a homeowner in the Cottages, was here and showed some pictures of her home. She is concerned that when she signed up to have her home built, she didn’t know that Norm Mecham had committed to parking off to the side. She wondered why there had to be so much cement. She wondered if she had to have that. She feels it looks like a concrete jungle. Mr. Mecham told her to come talk with the Planning & Zoning to ask if it could be changed.


Commission Member Hodges said with the density that’s in the Cottages, as close as the homes are to each other and the way they are used, everyone comes up and brings friends, snowmobiles, RV’s, etc. so there is no room for on street parking. That is why the parking needs to be inside the lots. There is also guest parking available. Ms. Daly said she was unaware of no on street parking until this spring.


Commission Member Seamons said in his opinion, if we make an exception, everyone will come in for the same thing. He thinks that should have been disclosed at the time of closing. It’s unfortunate, but that’s essentially how the subdivision was planned and passed.


Commission Member Hodges said Ms. Daly does have a large area in the back with grass, which is open space.


Ms. Daly said there are ten families living in that home. Its use is similar to a share time condo.


Commission Member Hodges said Ms. Daly will be glad, when it’s all done, to have all the parking if she has so much family. There will be extra parking at the end of each phase.




The Minutes of the Public Hearing of September 7, 2005 were presented. Commission Member Parry made the motion to accept the minutes as presented. Commission Member Petersen seconded the motion. All in favor and the motion carried.


The Minutes of the regular meeting of September 7, 2005 were presented. Commission Member Petersen made the motion to accept the minutes as presented. Commission Member Seamons seconded the motion. All in favor and the motion carried.


There was discussion about the Town Council telling Lochwood that they didn’t need two entrances. The Planning & Zoning Commission said they really try to stick by the ordinance.




Commission Member Petersen made the motion to adjourn the meeting at 10:15 p.m.




APPROVED:                                                               ATTEST:




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Lana Hodges, Vice Chairman                                       Assistant Clerk