Meeting Minutes 2006






The Garden City Planning & Zoning Commission held their regular meeting on Wednesday, October 4, 2006 at the Garden City Office Building located at 145 W. Logan Rd.  Commission Chairman Seamons opened the meeting at 7:00 p.m.


Commission Members Present:


            Jared Seamons, Chairman

            Lance Bourne

            Dennis Salzetti

            Greg Bills

            Jennifer Huefner

            Frank Smith

            DJ Ballingham


Others Present:


            Sharlene Millard

            Bobbie Coray

            Jan Luczak

            Mark Hislop




Mark Hislop is here representing Mr. Post.  Mr. Post would like to build storage units on the property at approximately 2273 S. Kimball Lane, Lots #2 and #2 of Maynes Subdivision.  He showed a rough concept drawing.  He has encumbered the two lots and would like to put whatever storage sheds he can on the lots.


Commission Member Chairman asked if there were plans about putting anything in front of the building.  Mr. Hislop said no.


Commission Member Bourne said it’s a commercial building so the Architectural Standards will need to be met.  They will need to address parking dimensions, right of ways, landscaping, etc.  He said he doesn’t have a problem with this; the Planning & Zoning just needs to see what the plan is.  He asked if Mr. Post would draw it up with a copy of the standards and give it to the Planning & Zoning Commission.  The landscaping needs to be a minimum of 20% with rocks and trees.  Mr. Hislop asked if it could be 10% because of the type of business.  Commission Member Bourne said it’s an option.


Mr. Hislop said it’s a weed patch now and putting the sheds there will make it look nice.  Commission Chairman Seamons said that’s really the intention – to make it look as nice as possible from the roadway.


Commission Member Bourne said he doesn’t see this is a problem.  It will be an improvement.  He would like to see the dimensions, setbacks, etc.  So they know what they’re approving.


Commission Member Bourne made the motion that he comes back showing the Architectural

Standards, setbacks and landscaping.  There should be a minimum of 4-view elevations and they’ll look at it then.  It’s a great plan.


Mr. Hislop asked if the motion could say that it’s approved with the condition of meeting the standards and bringing them back to show?  He thinks Mr. Post would like to make sure it will work before he spends the money to get plans made.  Commission Member Bourne said he doesn’t have a problem with that as long as the landscaping is shown on the plans.  He should show it with 20% landscaping unless he wants to ask for something different.


Motion died for lack of second.


Mr. Hislop said the only place to really landscape is by the bays on both sides of the existing building.  If the driveway is on three sides, there’s only the front that can be landscaped and there’s a sidewalk there.  Commission Member Bourne said that is what is required.  He’ll also need to follow some fencing requirements.


Commission Chairman Seamons said there’s a 10’ buffer that needs to be landscaped.  He showed different areas that could be landscaped.  Mr. Hislop said 10% of 2.8 acres doesn’t leave enough room to landscape.  Commission Member Bourne said he can go for a variance if he wants.


Commission Member Bourne made the motion that we approve the storage sheds with what is required in the Architectural Standards.  Commission Member Huefner seconded the motion.  All in favor and the motion carried.




Mark Hislop is here represented Ms. Locey.  He said when he was here before; he presented a concept drawing of what they would like to do.  It couldn’t be classified as a motel or hotel.  They weren’t really sure how to classify it.  The Town Council was supposed to talk about it, but since then, she has rescinded that offer and would like to present a plan to put a residence on the smaller lot.


Mr. Hislop said she would be putting in a Kodiak lodge looking residence that Whisper Creek offers.  It can have up to 12 rooms in it.  She wants to put the residence on the smaller lot and meet the setbacks.  At some point, she will put it in a rental pool.


Mr. Hislop said she’s not asking for a Conditional Use Permit tonight.  She just wanted the Planning & Zoning to know because there will be parking issues, etc.  A Conditional Use Permit is not necessary.


Commission Member Bourne said if she’s asking to put in a home, she doesn’t need a Conditional Use Permit.  If she’s going to rent it out, she’ll need a Conditional Use Permit.  He said he’s totally against renting it out, but it’s not against our ordinance.  It’s already in the commercial zone.


Mr. Hislop said he’s here to get it on the record so the Planning & Zoning will know of her intention.


Commission Chairman Seamons said a home is allowed in the commercial zone.  If she’s asking for a commercial building, all the Architectural Standards need to be followed and submitted to the Planning & Zoning Commission.  Commission Member Bourne said for a commercial business, the Planning & Zoning can turn down items for health and safety reasons and also because of the easement being too small for people to turn around with their boats, etc.


Commission Chairman Seamons said we really don’t have an ordinance for easements.  We would just ask that the right of way be wider.  We are required to look at health and safety issues.


Commission Member Smith said it would be nice if they could pull their large toys through the lot somehow instead of turning around.  Mr. Hislop showed how the piece of property next to this lot could be used for a turn around or pull through.


Commission Chairman Seamons said the Architectural Standards need to be met if it will be used as a commercial situation.  Think of the road and how it can work.


Mr. Hislop said he realizes the road is too small.  He’s not here tonight to talk about that.  He thinks Ms. Locey will buy the larger lot to use for a turn around.


Commission Member Bourne said Ms. Locey will need to follow the Architectural Standards because she’s in the commercial zone.


No motion will be needed tonight.




Commission Member Smith said he hopes we have all thought about this.  We need to address and have affordable housing in our general plan.  He’s been trying to locate some properties to purchase for affordable housing.  There are people out there who are willing to help get some affordable housing here.  There’s also federal assistance available.  He said he’s been working with a factory in Montpelier for whole panelized wall systems that could be used in the affordable housing.


Commission Member Smith said Penny Fox and Susan Hayward have been given permission to sell park models.  He thinks that’s a good beginning step.  As our ordinance is now, there’s no place to put them.  They won’t be able to go into RV parks and they’re not allowed in the Buttercup Mobile Home Park because they’re too small.  He wondered if we could work on an ordinance so someone can come in and build a park for these.


Commission Member Smith said he would like to bring it out to the public so we can find some land for that.  He knows as a developer that there will need to be infrastructure put in.  He thinks we should also think about higher density living and put so many apartments or townhouses per acre.  It’s hard to have affordable housing in a climate where it’s only used in the summer.  It’s so expensive.


Commission Member Bills asked if he’s looking for people to purchase or rent the buildings?  Commission Member Smith thought a mixed use would be good.  Commission Member Bills said people need affordability, especially for workers, but with seasonal use, he’s concerned if they would sell very well.  Commission Member Smith said perhaps we could have communities with a mixed use.  He said suppose we could get the community to be allowed in the project.  We would go to the developers and see if they would donate one of their lots and we could put the money in a fund for this.  We would allow people from the community to help with this.  It could be a Habitat for the Community.


Commission Member Ballingham said over time, the houses run down and look like slums, within time, the whole area looks slummy.  He wondered if we want to group them together.  Most developers won’t like it, but what if we say with every new development, we require 10% of it being affordable housing.  Preferably, it would be put in a couple of parcels.  That way it won’t decrease the values of the homes around it.  It would be maintained naturally by keeping the homes up to look as those around them.


Commission Member Smith said California is doing that right now.  But he feels affordable housing can look good.  Commission Member Ballingham said if you had developers putting in the same type of home only on a smaller scale within their subdivision.


Commission Member Bills said he likes the condo idea.  If you have a HOA maintaining the area, it would help with it continually looking nice.


Commission Member Smith said he thinks affordable housing doesn’t have to look bad.  He wondered about having a non-profit organization where money can be contributed to it.


Commission Member Ballingham said the money has to come from somewhere, but until we assign responsibility, it won’t happen.  We require people to have so much land for common space, why not have it used as affordable housing.  Commission Member Bills said it’s all a money game.


Commission Member Bills said we are more accessible now to new ideas.  People used to think this might be a great idea, but they didn’t want it done by them.


Commission Member Smith said we now require architectural standards because we want to see a certain look here.  He wondered if we come up with the concepts and had them come to the planning commission for approval if that might work.


Commission Member Seamons said in support of this conversation, his feeling is that we could get a committee set up for this.  It’s on the Town Council’s mind.  His suggestion is that the planning commission proposes that the Town Council looks toward getting a committee in order to be able to address this issue and allow them to move forward to make some decisions.  We could go over this a thousand times, but we need someone to support us and make it happen.


Commission Member Smith suggested some of the planning commission be volunteers to help with the committee.  Commission Member Ballingham wondered if it should be a separate committee because they would report to the planning commission anyway.  Commission Member Smith said they could be on both committees.  He wondered who within the planning commission would be willing to be on that committee?  Commission Member Bills, Smith and Seamons volunteered.  Commission Member Ballingham also volunteered as in a limited capacity.




The minutes of the Public Hearing of September 6, 2006 were presented.  Commission Member Huefner made the motion to accept the minutes as presented.  Commission Member Ballingham seconded the motion.  All in favor and the motion carried.


The minutes of the regular meeting of September 6, 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.




Approval/Decision Forms

Commission Member Huefner said with the new papers we’re using to write down the comments and decisions of the planning commission, we should have different forms for different situations.  It would be nice to have items already on the form.  It would cover us better.  If a subdivision issue comes up, we should have a copy of the subdivision checklist for them with out decisions.  She said she will get the papers ready and feels it’s their legal obligation.


This will be addressed next month.



Right of Ways

Commission Member Bourne said we don’t have anything in our ordinance about right of ways.  We need to have something about what the minimum requirements are.  Also, if there is a right of way into a residential lot, they need to have a safe access in and out.


Commission Member Ballingham agreed that we need an ordinance about flag lots.


Commission Member Bills said a driveway and access for 4 lots is different.  That needs to be separated.  A driveway shouldn’t need to be 20’ wide.


Commission Member Bourne said 13’ wide right of way with a 90-degree turn doesn’t work.  We need to come up with an ordinance and present it to the Town Council.


The Planning & Zoning Commission will come up with ideas and talk about this next month.


Commission Member Ballingham said this will become a bigger issue.  A lot of people come here.  As land becomes more valuable, we’re going to see 1-acre lots disappear.  They will want to compress housing/cabins.  They will want to start putting houses on smaller split lots.


Residential vs. Commercial Requirements

There was discussion about putting a residential home in a commercial zone.  They wondered about the difference of setbacks, building regulations and Architectural Standards of the residential and commercial zones.


Commission Member Bills feels if a residential home is built on a commercial lot, the lot should be re-zoned to a residential zone.



Commission Chairman Seamons suggested that we have a standard application for applicants when they apply to come before the Planning & Zoning.  The application could have their drawing – drawn to scale, size of roads, driveways, dimensions, setbacks, landscaping, etc.  The application should have all the requirements on it to be on the agenda.


City Planner

Commission Member Huefner said the Planning & Zoning has some big responsibilities.  She talked about the previous Town Council meeting where Council Member Seiler wanted to put a 6-month moratorium.  She said it would be worth our time to read their minutes.  She recommended that they all come to the 3rd Wednesday planning meeting because we all need to help make changes to get the town in a better position.  We are scrambling to keep ahead.  There are more sophisticated people coming into town and they have attorney’s working for them who know the ludma laws.  We are in somewhat of a precarious position because we’re not up to date according to state law.  She suggested along with having a town attorney and town engineer letter for projects, that we also have a city planner letter.  She would like a city planner to guide us.  She would like to use one now as a counselor.  She said we need to be actively involved.  We need to make changes to the general plan and our ordinances.  It starts with us.  If someone comes in for an application, we say yes or no, but we have some general changes that need to be made.  Council Member Huefner said the job is too big for the Town Council and the Planning Commission.  The Town Council feels we need a city planner to advise us.


Commission Chairman Seamons said the reason why the town wrote a new ordinance to allow them create committees was to help with the planning because we need help.  It needs to be dealt with.  But somebody’s got to take it and go with it.  Commission Chairman Seamons said there needs to be a director, but we still need the feet to do the work.  We live here, we need to do it.


Commission Member Huefner would like to request that the Town Council gives us the professional support we need to review the general plan, etc.  That person will need to be familiar with the ludma state law.


Commission Chairman Seamons suggested that we all read through the general plan.  Let’s take the initiative and find items that we need support with.  Then we’ll take it to the Town Council.  We’ll see what they want to do as far as committees, etc.



There was a question about putting animals on a piece of greenbelt land just west of Canyon Cove Motel.  Where it’s zoned commercial, how many animals can be there.


Commission Chairman Seamons said it’s a commercial business, so they would need to come in for a Conditional Use Permit.


Commission Member Bourne said if it’s zoned commercial, they shouldn’t even come here.  There shouldn’t be any animals on the land.  It’s a nuisance to neighbors.


Commission Chairman Seamons said it’s not within our scope to decide.




Commission Member Huefner made the motion to adjourn at 9:00 p.m.






APPROVED:                                                   ATTEST:




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Jared Seamons, Chairman                                 Assistant Clerk