Meeting Minutes September 2005

The Garden City Planning & Zoning Commission held a Public Hearing on Wednesday, September 7, 2005 at the Garden City Office Building located at 145 W. Logan Rd. Commission Chairman House opened the meeting at 6:45 p.m.
Those present:
Brian House, Chairman
Nate Parry
Lance Bourne
Excused: Lana Hodges
Others Present:
Sharlene Millard
Randy Erickson
There were no comments from the audience.
Commission Chairman House closed the meeting at 7:00 p.m.
APPROVED:                                                               ATTEST:
______________________________________ _____________________________________
Brian House, Chairman                                                 Assistant Clerk
The Garden City Planning & Zoning Commission held their regular meeting on Wednesday, September 7, 2005 at the Garden City Office Building located at 145 W. Logan Rd. Commission Chairman House opened the meeting at 7:10 p.m.
Those Present:
Brian House, Chairman
Lance Bourne
Nate Parry
Troy Petersen
Excused: Lana Hodges
Others Present:
Sharlene Millard                                               Ron Hansen
Randy Erickson                                                Bill Layton
James E. Criswell                                             Charlotte Mann
Jackie Criswell                                                 Loretta Fidler
Charlotte Marx                                                 Margaret Satterthwaite
Randall Hansen                                                 Laura Reilley
John Hansen                                                     Ted Wilson
Cindy McLaughlin                                            Sharlotte Wride
Ramona Wheeler                                              Jay Christopherson
Dennis Bullock
ORDINANCE #05-13, Definitions
Council Member Bourne made the motion to accept Ordinance #05-13, as written. Council Member Parry seconded the motion. All in favor and the motion carried.
Mr. Wilson said he is requesting approval of 46 lots on Plat G. All of the lots are 1 acre or larger. Some are as large as 22 acres. There is a stream bed near Lots #10 - 29, which will be a restricted area for septic tanks and drain fields. The Health Dept. has stated no septic tanks within 50 feet and no drain fields within 100' of the stream. However, all lots are buildable. He said the Health Dept. is the policing body for him. Mr. Wilson will do the percolation tests on water. None of the test holes can be in the drain area.
Commission Chairman House read from a letter left by Commission Member Hodges who is excused tonight.
Mr. Wilson said he is also on town water. He had previously committed to connect to the Garden City water system by the time Bridgerland reached 150 Building Permits. He was prepared this year, but the road problem brings other issues. He will show that he has adequate water. This plat will end by the highway. The rest is very steep to build on. Plat G will end his master plan, which was turned in many years ago. He said it fits well.
There was discussion about the road issue the engineer was concerned about. Mr. Wilson said to cut the corner would make the road steeper. He’s willing to work with the final stage.
Mr. Wilson said the plat doesn’t show the existing main water line. He’ll bring another one to show that. He would like to take it up to Phase F.
Commission Member Bourne said he doesn’t see a problem with the Preliminary Plat for Bridgerland. He said he’s driven it himself and the corner doesn’t seem too bad. Commission Member Parry and Commission Member Petersen said the plat seems to be okay.
Commission Member Petersen made the motion to accept the Preliminary Plat for Bridgerland, Plat G. When he comes in for the final, the Engineer’s letter needs to be addressed. Commission Member Bourne seconded the motion. All in favor and the motion carried.
Mr. Wilson said he is embarrassed to be here about this situation.          The Engineer told him that he had 15% grade in a few places on the road in Plat F. He was shown what he did wrong. He cut a corner and didn’t go the full distance.
Mr. Wilson showed a map and said he now has the road done and the utility lines are in. He would like to ask forgiveness on this. He said he’s been here for 32 years and hasn’t asked for a variance. He didn’t get it right. The total area of 15% grade is about 250'.
Commission Member House asked what can be done to fix something like that? Mr. Wilson said he could dig up the utilities and re-do the sections. He would have to pull up 8' water mains. Commission Member Bourne suggested Mr. Wilson asking for a variance.
Mr. Wilson said it would require blasting if he has to re-do this.
Commission Chairman House said the Planning & Zoning is bound by the ordinance.
Charlotte Marx explained that they love Garden City. Her aunt and uncle own the home at 1355 S. Bear Lake Blvd. now. They have a daycare business in Montpelier, which has been very successful. She has worked with Mrs. Criswell for about a year.
Mrs. Marx said she and Mrs. Criswell both have large families. They understand the demand for decent daycare. She said children are your most prized possessions. You want to know they’re taken care of. Her husbands biggest concern with the home is that it’s been empty for 30 years. It is an eyesore. They will need to put gravel on the pitch of the hill for staff parking. He was worried about all the cars coming and going, but parents come at different times and there hasn’t been a problem at their Montpelier business.
Mrs. Marx said the yard and home need a lot of work. They have been working hard to get the house in shape to get plumbing and electricity in. They want to leave the willow tree. She thinks it would be neat for the kids. They will take down the other two trees. UP&L will come and cut the branches away from the wires. They feel there is a great demand for this business. Many women from Garden City have been asking for daycare. They felt if they could contribute to the Garden City area, it would be good.
Commission Chairman House read from Commission Member Hodges letter.
Commission Chairman House believes the community could use a daycare center.
Mrs. Marx said the fencing will go all around the house. Her husband has talked with the Building Inspector who said they will need to go to the Health Department first. They have specific requirements that will need to be followed. The Building Inspector could go with the Health Dept. and they can address all the issues.
Mrs. Marx said they do have water, but no sewer. She feels there is room for parking.
Building Inspector Erickson said the house is really in pretty good shape.
Mrs. Marx said they will be fencing on the survey lines. The fence will be a chain link fence. It will be around the whole property. The children won’t be able to get to the parking lot. They now have elementary-age children which help with tutoring others after school and would like to have that here.
Mr. John Hansen said he is really concerned about this. The daycare would be right against his agriculture. He doesn’t want one child to get on his property and get hurt and then be sued. He said those kids can get away and someone can pick them up. He’s worried that if he has his machine shop door open and moving equipment around, that they might come and get hurt.
Mr. John Hansen said he agrees with Commission Member Hodges’ letter. The sewer board has not been approached for a sewer connection yet. Mrs. Marx said they have a large staff. They always have at least 2 staff members outside with students at all times. Two will be on the inside with the infants. There are separate areas for the infants and the older children. They estimate having about 20 students at the very most.
Commission Member Parry’s biggest problem is that the zone isn’t commercial. He suggested getting it re-zoned.
Jan Mann said the zoning problem is legitimate, but these people are very qualified and they will run it well.
Commission Member Bourne agreed, but said they’ll need to change the zone.
Commission Member Petersen said before they get a Business License, they will need to have the Health Dept. issues addressed.
Commission Member Bourne said they will also need to follow the Architectural Standards when building.
Commission Member Parry said that they can’t create an island by only making one property commercial, the whole area from Bear Lake Funtime to theirs would need to come in as commercial. That will be the biggest challenge.
Commission Chairman House recommended to get on the next months agenda if interested in re-zoning. It’s against state statute to have an island.
There will be no motion tonight.
TRAVEL IMPACT STUDY, Lochwood at Bear Lake Marina
Mr. Christopherson said they met with the Town Council last month and thinks the general conclusion was that they don’t need a left-hand turn lane. The Mayor even wondered why the Planning & Zoning was requiring two entrances.
Commission Member Bourne read through the unapproved minutes of the last Town Council meeting. The town doesn’t want to have pay for the turn lane because it’s so expensive. As far as the two entrances, it’s in the ordinance that they are required in a PUD. He suggested them going to the variance board to change the stipulations. But, we can’t change the ordinances. The ordinance is the law and the town has to go by the ordinance.
Commission Chairman House said it’s also a safety issue to have two entrances. We all know the island in the entrance of Harbor Village is a hindrance. Harbor Village only has one entrance, if there was an emergency, people couldn’t get out of there very easily.
Mr. Bullock said they will be putting in the turning lane. There’s no question.
Mr. Christopherson said they’ve put together another study for the year 2007 that said there’s no need for a turn lane right now. In 2012, they would be required to have 25% of the area developed to require a left hand turn lane.
Commission Member Bourne said we’re working with the year 2005 right now. If you’re putting 95 lots on one highway, it’s an impact on the town. The town just needs a decision by UDOT. We can’t make a decision on anything until that is done.
Mr. Christopherson said he thinks they can.
Council Member Wride said that decision is up to the engineer and UDOT. They stood by the Sunrise Engineering reports. She said we need a left hand turning lane on the intersection. This new report is based on 2012 and was just given to her. No one has had a chance to look at it yet. Many of the people on 300 W. have already donated a lot of land. She doesn’t think they should have to pay for the intersection too.
Mr. Christopherson said in the year 2012, a left hand turn lane will be required. Not now. Council Member Wride said we can’t make a determination now, no one has even looked at the new report.
Mr. Christopherson said his PUD looks like a typical subdivision. Very few entrances are planned at first. They can go in during phases. Council Member Wride said the engineer has told them that everyone has to have dual entrances. We don’t want to wait until the last phase to have the accesses usable.
Commission Member Bourne said they would need a letter of credit. That would be the only way to get two entrances if it will take 4 to 5 years to get that in.
Commission Chairman House said he wouldn’t even go there. No other subdivision has been able to go without that.
Randall Hansen said the town wouldn’t let Bridgerland come in without two entrances.
Commission Member Bourne said it’s in our ordinance book and is a safety issue.
It was said that there would need to be an additional letter of credit for the second road.
Mr. Christopherson said our engineer represents cities, no developers. He said it’s up to fair share. The town doesn’t have their fair share to put in their share.
Mr. Bullock said this area was put into the RDA years ago. The town gets a share of these lots, which income would go down every year.
Mr. Christopherson said if they go ahead with Phase I and have a Letter of Credit for an emergency exit, would that need to be paved? The Planning & Zoning said gravel would be okay for an emergency exit. But within phases, it would need to be paved.
The Planning & Zoning Commission agreed that that would cover their bases.
Mr. Bullock said they will do their own left hand turn lane.
Council Member Wride said they will have to see what UDOT and the town will agree to. She said the towns engineer needs to review the TIS
Mr. Christopherson said we need to work together when we go to UDOT. Council Member Wride said there is also a time issue. The town is working with Frehner Const. to complete the 3rd West road. The town needs a permit for the road to go any further. 300 W. goes to UDOT property.
There was a discrepancy about the other TISs. Mr. Christopherson said they didn’t even come close, so he would like us to use the new one. He said his engineer looked at the previous other two studies and “realistically” came up with the new one.
Mr. Christopherson said they don’t want Sunrise Engineering to do another study and charge them. He said they’re expensive.
Council Member Wride said the town does want the development. It’s a nice development, but we have to do what UDOT wants.
Council Member Wride said we do need to address the drainage for the development.
Commission Member Petersen said the new TIS will need to go through the town engineer, UDOT and then through the Town Council for approval. Also the items Commission Member Bourne suggested along with a Letter of Credit.
Commission Member Bourne likes the subdivision. He said he is worried about the size of trailers and RV’s coming in. Mr. Bullock and Mr. Christopherson said they feel there’s room behind the fence for some of those.
Laura Reilley said that might be fine as long as it’s not a temporary thing.
Commission Member Bourne said the Letter of Credit should also cover the second entrance.
Laura Reilley said she would rather have the entrance now than wait a couple of years.
Commission Member Petersen said they have a lot to do with Phase I. The Engineers need to get together with each other.
REZONE, Cindy McLaughlin and Ramona Wheeler
Ms. McLaughlin and Mrs. Wheeler explained that they would like to re-zone the lot at approximately 235 N. Bear Lake Blvd. from Single Family Residential to Community Commercial. The lot is next to Fay’s RV Park, which is Single Family Residential with a Commercial use. They would like to change the zone from Café Lago to Fay’s RV Park, but not all lots have been applied for the change of zone. They said the sale of this lot is contingent on the zoning.
Commission Member Bourne said he doesn’t want to create an island of Commercial. He said if he could do the whole section that would be good.
Jan Mann said she was under the impression that her lot was already zoned Commercial.
Commission Chairman House said they will need to gather everyone on one application and bring them in with the request. They looked at the zoning map.
Commission Chairman House said to waive the fees for another meeting. All the property owners who want to be included with the re-zone, will need to sign the application and come to the next meeting.
Commission Chairman House said the taxes and utility costs on the lot will stay the same.
Council Member Wride showed the Transportation Master Plan proposal. She said UDOT came to the Town Council and suggested doing this. They came in October and looked through the town before the snow came. They looked at the roads and made suggestions of any improvements they felt were necessary. At the time, we didn’t know about the left-hand turn lane for 3rd West. It’s similar to the town’s general plan. Once it’s adopted, it gives us the opportunity to apply for different grants that we normally wouldn’t qualify for.
Council Member Wride and a couple of community members have made notes of a few changes they would like included. She would like to get a recommendation from the Planning & Zoning Commission to send it to the Town Council.
All future projects that will be in the plan can be changed later.
Council Member Wride said she’s been working on the bike path for 2 years. The bids have come in too high. They can only accept the bids within a certain percentile. The bids just went out on Saturday.
Council Member Parry made the motion to send this to the Town Council. Commission Chairman House seconded the motion. All in favor and the motion carried.
Council Member Wride said she just talked with Mr. Ted Wilson after he left tonight. With the engineer reports of the grade in road being 15%, she has told him to go back and fix the drainage on the roads and also the road on Plat F down to the highway. That way people can go up the road. It needs to be done with the first Phase of Plat G. He’s on the agenda for the Town Council tomorrow to discuss it again.
Building Inspector Erickson said he’ll never make the corner in the winter on the Phase F road. He isn’t sure you can get up there when the snow is on the ground. One turn is so steep you have to use four-wheel drive to get up to it.
It was mentioned that the Planning & Zoning Commission should go to the Town Council and recommend raising the inspection fees so that the engineers can come and check the roads in the future.
The minutes of the meeting of August 3, 2005 were presented. Commission Member Petersen made the motion to accept the minutes as presented. Commission Member Bourne seconded the motion. All in favor and the motion passed.
Commission Member Parry made the motion to adjourn the meeting at 9:10 p.m.
APPROVED:                                                               ATTEST:
_______________________________________ ___________________________________
Brian House, Chairman                                                 Assistant Clerk