Meeting Minutes 2007


 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, September 5, 2007 at the Garden City Office Building located at 145 W. Logan Rd.  Vice Chairman Frank Smith opened the Public Hearing at 6:55 p.m.

 

Commission Members Present:

 

           Frank Smith

           Pat Argyle

           Jennifer Huefner

           Greg Bills

 

Others Present:

 

           Sharlene Millard                                          Rod Thompson

           Anita Weston                                              Scott Galbraith

           Merle Spence                                             Cindy McLaughlin

           Mark Hislop                                               David Jones

           Dale & Denise Brower                                 Carol Griffin

           Sabrina Smith                                             Rulon Crosby

           Joan Akre                                                  Doug Thompson

           Paul & Kathy Webb                                    Krista Klein    

           Brian House                                                Rex B. Williams

 

SUBDIVISION FOR HOWARD SORENSEN

 

Rex Williams, a member of the audience said he is a co-owner of the property directly to the south of the Sorensen’s.  It’s been in their family for 40 years.  He’s asking that the commission be consistent.  It’s the only vacant lot in that area on the lakeside.  He doesn’t think there’s as much acreage as is being presented.  20 years ago, Mr. Sorensen had it surveyed and approached his father in law because the lines were different.  There were two surveys and their markers overlapped by 5’.  He was going to claim the land and 29 years later, there’s never been anything said.  Unless Mr. Sorensen bought more footage since then, he shouldn’t have the amount of land he’s stating.  His father in law suggested that his concern is with the person who sold some land to him.

 

He would hope that the requirement of the setback from the lake be the same as those already there so the view corridors won’t be affected.  He feels the subdivision shouldn’t be granted.

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Dale Brower, a neighbor of Mr. Sorensen’s, talked about an easement that was originally designed to go through Mr. Rackham’s lot, but Mr. Rackham built over it.  He read from the letter he presented.

 

Vice Chairman Smith closed the meeting at 7:05 p.m.

 

 

APPROVED:                                              ATTEST:

 

 

 

 

________________________________          _______________________________

Frank Smith, Vice Chairman                        Assistant Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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MINUTES OF THE

REGULAR MEETING OF THE

PLANNING & ZONING COMMISSION OF

GARDEN CITY, UTAH

 

The Garden City Planning & Zoning Commission held their regularly scheduled meeting on Wednesday, September 5, 2007 at the Garden City Office Building located at 145 W. Logan Rd.  Vice Chairman Smith opened the meeting at 7:05 p.m.

 

Commission Members Present:

 

           Frank Smith

           Pat Argyle

           Jennifer Huefner

           Greg Bills

 

Others Present:

 

           Sharlene Millard                                          Rod Thompson

           Anita Weston                                              Scott Galbraith

           Merle Spence                                             Cindy McLaughlin

           Mark Hislop                                               David Jones

           Dale & Denise Brower                                 Carol Griffin

           Sabrina Smith                                             Rulon Crosby

           Joan Akre                                                  Doug Thompson

           Paul & Kathy Webb                                    Krista Klein    

           Brian House                                                Rex B. Williams

 

 

MINUTES

 

Commission Member Huefner made the motion to approve the minutes of the Public Hearing of August 1, 2007 as presented.  Commission Member Argyle seconded the motion. All in favor and the motion carried.

 

Commission Member Huefner made the motion to approve the minutes of the special meeting of August 8, 2007 as presented.  Commission Member Argyle seconded the motion.  All in favor and the motion carried.

 

NOMINATIONS FOR CHAIRMAN, VICE CHAIRMAN

 

Commission Member Argyle nominated Commission Member Huefner for Chairman of the Planning & Zoning Commission.  Commission Member Bills seconded the motion.  All in favor and the motion carried.

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Commission Member Bills nominated Commission Member Smith for Vice Chairman of the Planning & Zoning Commission.  Commission Member Argyle seconded the motion.  All in favor and the motion carried.

 

FINAL PLAT APPROVAL FOR SEASON’S RESORT,  Rod Thompson/Troy Oldham

 

Mr. Thompson said they’ve submitted everything they’ve need to.  He asked if there were any questions.

 

Mr. Thompson showed a new plan, which was recently discussed with the Mayor and Commission Chairman Huefner.  He said they have gone with a 5 and 7-plex unit vs. the single units stacked up.  They will have 3-story units on the side and the middle is a 2-story unit with the loft above.  Each unit will have their own garage, carport on loft units, and additional 105 parking spaces in addition to the boat parking.  Their plan originally had 106 units.  They’ve downscaled it to 76.  They felt the density was way too high for the piece of ground they had.

 

Commission Chairman Huefner asked about the main entrance being on 100 West when 300 West will be a wider and more of a main road.  Mr. Galbraith said it’s closer to town. They hoped people would come and leave their cars and walk to the downtown and the beach.  They feel the focal point is the restaurants, and the bike path is downtown.  She said she likes the changes with more parking.  The density will be better.

 

Mr. Galbraith said they have had extensive discussions with the fire chief for water and also the sewer dept.  They have talked with the Town Council and they will be giving a water easement.  Commission Member Smith said he is impressed with the landscaping and whole layout.

 

Mr. Galbraith said they want to create a residential community with a resort feel.  You won’t see the parking from the street.  You will walk in and there will be a kiddie pool, adult pool, waterfalls, putting green, volleyball, 2 large pavilions for family reunions, bike paths that create a feel that they don’t have to go very far.  They want bicycle and pedestrian traffic for downtown.  Their CC&R’s will limit rentals.  They will be given a ticket for how many can come in.  They won’t police the rentals in the wintertime.    The unit will be owned by the HOA, they’ll be able to dictate the original covenants.  They will require them to go through the HOA rental and they will select someone here full time to run it.  They will have candy bars and sundries in the office.   If someone wants to rent their place, they will let the person know and it will be reviewed by the board who will ensure that the occupancy tax will be paid to the town.  It will be nightly rental.  There will be a patrol officer to monitor the cars during the busy times, etc. 

 

Commission Vice Chairman Smith said the laundry will be terrible.  Mr. Galbraith said they would use the washing machines within the homes.  They won’t have a separate laundry room.  They will contract out home and lawn maintenance. 

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Mr. Galbraith said they have done soil testing and have a good gravel bed, so it’s good for drainage.  Mr. Thompson said they had a gate on the original plans, but that has been taken out for security reasons.  They didn’t want to jam up the boats and trailers.

 

The County Recorder, Debbie Ames, would like the units to be numbered with one main address off of the main road and then use individual unit numbers.

 

Commission Member Huefner made the motion that we recommend to the Town Council to approve the final plat for the Season’s Resort community provided that the checklist items are finished.  Commission Member Argyle seconded the motion.  All in favor and the motion carried.

 

SUBDIVISION INTO 2 LOTS,  Howard R. Sorensen

 

Mark Hislop is representing Mr. Sorensen.  He wanted to clarify the map that was shown.  He said there is an 18’ right of way that comes across Dale Brower’s and Gerald Rackham’s properties.  Mr. Rackham built over the easement.  There is a 20’ strip in the road that Mr. Brower owns and is needed to get access.  As of now, Mr. Sorensen uses Mr. Brower’s driveway for access.

 

As far as property boundary problems, they’re all over in Garden City.  He doesn’t know about the adverse possession.  He understands that when a survey is done, there will need to be a property boundary agreement to clean up the boundary lines.

 

The property is approximately ½ acre.  Mr. Sorensen proposes using the 18’ right of way to his property.  Mr. Hislop told him the ordinance says the access needs to be 30’.  Mr. Sorensen wants to bring the access to his property and open it up to 30’ on his property and put in a cul de sac.  He doesn’t know if there would be room to do an 80’ cul de sac;  it would make the lots too small.

 

Commission Member Argyle asked since the access width is 18’, wouldn’t it be grandfathered?  Mr. Hislop said it’s not grandfathered because it’s on the plat as an easement.  Mr. Brower said it’s an easement, not a right of way, and it was recorded in 1998.  Commission Member Argyle said if the neighbors and Mr. Brower aren’t willing to extend the access to 30’; it could be a significant problem.

 

Commission Member Smith said there are two problems here:  1) The width of the easement being 18’ and, 2) access across the 20’ strip of Mr. Browers.

 

Mr. Brower has told Mr. Sorensen that he would grant a single access to only Mr. Sorensen across that 20’ to access the property.  Mr. Brower said that access can’t be split.

 

Commission Member Smith feels there are enough issues that don’t seem to be able to be resolved.  Commission Member Huefner said unless the neighbors want to buy him out. 

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Commission Member Argyle thinks it’s a dead issue unless he could access it another way.  Mr. Hislop said he doesn’t think there is another way to access the lot.  At one time it was landlocked when Mr. Rackham built his house over the original easement.

 

Mr. Brower has been generous letting Mr. Sorensen access through his property.

 

Commission Chairman Huefner made the motion that we deny the application for subdivision for the Howard R. Sorensen lot.  Commission Member Argyle seconded the motion.  All in favor and the motion carried.

 

CHANGE OF ENTRANCE TO COTTONWOOD SUBDIVISION,  Rulon Crosby and Doug Thompson

 

Mr. Crosby apologized for bringing this matter before them for a third time.  They thought everything had been taken care of as far as the access onto 300 W., but their neighbor has been reluctant to help with access to the subdivision.  He said he thought he could use part of the land of Norm Mecham’s and Ray Elliott’s for access off of 3rd West; but the way it’s titled includes Mr. Mel Larsen also.  He’s been reluctant to come to terms that they can negotiate with.  They are asking for a variation of the last approval of the 4-lot subdivision.  They would like to temporarily access their subdivision by a private roadway going between the two duplexes onto S. Bear Lake Blvd.  They would then be willing, when 300 W. is developed, to access it from there, and dedicate 50’ to the town.

 

Commission Member Smith said the access is a UDOT issue, which is a huge situation.  Mr. Crosby said they have a driveway now to access the two homes.  They would just expand it.  If it’s a UDOT situation, he understands it would probably be a dead issue.  He would like the town’s approval.

 

Commission Member Bills said that plan was originally presented and unanimously turned down because there wasn’t enough sideyards.  We’ve addressed this in the past, and there’s a UDOT issue.  He still votes to not go through with it.

 

Mr. Crosby said things have changed.  They came first for a 7-lot subdivision.  Now it’s for a 4-lot subdivision, which should be treated differently.  He read from the definition of a 4-lot subdivision.  He said he talked with the town attorney about what a definition of a private driveway is.  They are asking that the Planning & Zoning reconsider.

 

If they had a 30’ road, they would have 15’ sidelots on either side of the homes.  He wondered if it’s really a corner lot because it’s not a dedicated city street. 

 

Mr. Crosby said he’s tried to meet our code and read from the ordinance stating that a road is 18’ wide.  He thinks if they’re uncomfortable with the notion that since this is a private street, that they should be allowed to not have to comply with the corner lot restriction and that it would be justifiable to allow a portion of the front to narrow the

 

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street to 20’ which would give them a 20’ setback on either side, remembering that even

Hodges Canyon Road, in terms of the pavement, is less than 20’ wide.  This could be a temporary situation until 300 W. is completed.

                                                         

Down the road, if the town wants them to, they would abandon the Bear Lake Blvd. access and use the 300 W.  access when it’s usable.  They would also dedicate 50’ of their land to the town.  It’s the town’s option.

 

Commission Chairman Huefner read from the attorney’s letter.  Mr. Crosby wondered why the 20’ setbacks applied.  She said she feels they have to be considered corner lots.  It’s not a city street, but is still a street and the requirement is 30’.  However, you do need the 20’ setbacks.  They are corner lots.  She is personally uncomfortable with the road even if it’s only for 4 lots.  The only way she can see room to put in a road, is to remove one of the homes and access it through there.  Mr. Crosby said he won’t do that.

 

Commission Chairman Huefner said she doesn’t have a problem with the subdivision, but she doesn’t like the access.  Mr. Crosby asked about a 20’ street.

 

Commission Member Bills talked about a turnaround.  He said that’s where we’re requiring a 30’ street entrance.

 

Commission Member Bills recommends that we do not accept or approve this as it is drawn.

 

Commission Member Bills made the motion to disallow Cottonwood Subdivision as it has been outlined to us, as it does not meet the current codes and requirements.  Commission Chairman Huefner seconded the motion.  Commission Member Argyle abstained from voting because she doesn’t know enough about it to make a decision.  Commission Member Smith against.  Commission Chairman Huefner against.  Commission Member Bills against.  And the motion carried.

 

Mr. Crosby said he feels they had sufficient justification.  The Planning & Zoning Commission told him that if they wanted to go to a variance board, they are welcome to do that. 

 

Commission Member Smith said this is unfortunate and knows it’s not easy. 

 

Council Member Brian House asked if Mr. Crosby has talked with Norman Mecham.  He seems to be the person who can solve a lot of problems.  Mr. Crosby said he wished he could solve this one.  He needs all three, Norm Mecham, Ray Elliott and Mel Larsen to agree.  There are big feelings between them.

 

NIGHT SKY PROTECTION ORDINANCE,  Krista Klein

 

Krista Klein said she found the ordinance presented from Bisbee, Arizona.  She said she’s

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not a lawyer, but tried to write the ordinance enforcing regulations with lighting so the ground is lit, not the sky.  It’s very straightforward.  She would like to go to all the towns around the lake and propose this ordinance.  It’s not so there is no light, just so it’s

pointing downward.   Council Member House said the Regional Commission is looking into this quite heavily.  Commission Member Argyle said the Mayor Ms. Klein to know that one of the requirements on the Conditional Use Permit is to have down lit lighting.  They are already enforcing it.

 

Ms. Klein said she doesn’t know the appropriate approach, but it’s an issue that no one is against. 

 

Commission Chairman Huefner wondered if she has talked to the university.  They would have a keen interest on this.

 

Ms. Klein said there’s a wattage limitation, etc. within the ordinance.  It would be nice to retroactively enforce this.  Commission Member Argyle suggested talking with the Mayor.  Commission Member Smith also suggested talking with the Town Council.

 

Commission Chairman Huefner said the city exempts itself from it’s own ordinance and she doesn’t like that.   Ms. Klein said the meat of it could be directly exported.  There’s not a lot of controversy.  For special events, they could have the bright lighting, but for every day/night use, everything should point downwards.

 

Commission Member Smith said this is a good idea.

 

Commission Chairman Huefner suggested she talk with the Town Council.  Commission Member Smith said if the Town Council wants us to draft an ordinance, we could do that.

 

Ms. Klein said she just wants to help get this going.

 

Commission Member Smith said he appreciates her thinking of this.

 

DISCUSSION OF SUBDIVISION AT GUS RICH LANE, Carol Griffin & David Jones

 

Ms. Griffin and Mr. Jones showed the map of their property.  It was an original subdivision in 1911, but when Gus Rich bought it, they understand that was the end of the subdivision.

 

The Planning & Zoning Commission read from Commission Member Ballingham’s comments, since he was unable to attend the meeting.  He is concerned about the access.  It should be a 20’ access and he also wondered about it being a flag lot. 

 

There was discussion about the setbacks of the home that would be built on the new lot.  Commission Chairman Huefner doesn’t want to give them permission to subdivide if the new owner has to go a variance in order to build a home. 

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They talked about the new home having to be long and skinny, about 22’ wide.  Mr. Jones wondered about two people sharing the staff of the lot, which would need to be 30’

wide.  Commission Chairman Huefner feels that it would make two flag lots.

 

Commission Chairman Huefner said the Planning & Zoning doesn’t have the power to grant anything different than what’s in the ordinance.  Ms. Griffin and Mr. Jones can get a variance if they would like to.

 

The Planning & Zoning doesn’t feel their lot would be considered a corner lot.  Their best option would be to buy part of Milt Jensen’s lot and it would fit the ordinance better.  They also would need a 30’ driveway because it’s their right of way. 

 

Commission Member Smith said if the lot was sold, it would be sold as one lot.

 

The 15’ strip for beach access needs to be in the deed.

 

MISCELLANEOUS

 

Affordable Housing

Commission Chairman Huefner read from the comments of Commission Member Ballingham about developers giving 5% of their developments for housing for people who work for law enforcement, teachers, etc.

 

Commission Member Smith said he has met with some people from a non-profit organization.  In California, it’s a state requirement of developers that they donate a certain percentage of their development towards moderate-income housing.  There are options as to whether it is land, building, etc.  He’s met with the Mayor over several issues, i.e. 300 W., new office building, etc.  He believes that if we require developers to donate money towards an impact fee, or a charge to those who are really impacting the area it would help raise revenue.  The suggested fee of $5,000 would be paid by developer’s upon sale of the lot.

 

Council Member House said Bear Mountain is doing something like that and Rick Fawcett will be addressing that in our General Plan.

 

Bobbie Clark said the first person buys it as affordable housing and sells it at an increased price, but when it’s sold again, it’s not affordable anymore.  Council Member House suggested stipulating people stay in the home for 15 years. 

 

Commission Member Smith said there is government help.  He thinks we should give the developers a choice.  The developers are so anxious to please us that they might give the land or the housing. 

 

Ms. Coray said she is watching her 100,000 home go up to 500.000.  She doesn’t want to be taxed out.  She talked about putting a circuit breaker on the taxes.

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Elk’s Ridge Subdivision Extension.

Frank Smith said he just found out that the deadline for recording Elk’s Ridge is up this

month and if the Planning & Zoning can give approval, it can be extended.  He passed

out the paper asking for an extension.  He said he had a partner who didn’t want to join LLC and it has caused a lot of problems this last month.  The deadline is September 14th.  He would like to request getting an extension so he wouldn’t have to go through the whole process again.  We don’t have a quorum, but we could call one of them.  Commission Chairman Huefner said this is not on the agenda, so we can’t approve it.  Council Member House said to just put it on the next agenda and make sure there will be a whole quorum.  The deadline might be September 14th, but your next meeting is the 1st of October and you can approve it then.

 

Commission Member Bills said he doesn’t think any of the Planning & Zoning would worry if he got on the next months agenda.  It would be fine even if it were someone else.  His recommendation is to get on next months agenda. 

 

Council Member Argyle said she wouldn’t want to do it tonight because people won’t know about it and they know he’s on the Planning & Zoning.  She doesn’t want people to think he can do whatever he wants.  She’s uncomfortable with doing it tonight.

 

Commission Chairman Huefner said the application has been made tonight, we will act upon it until next month. 

 

Mr. Smith is able to pay for a special meeting if he feels he needs one.  He was told to call the Recorder’s Office and let Debbie Ames know that he has applied for an extension.

 

Commission Member Argyle closed the meeting at 8:50 p.m.

 

 

 

APPROVED:                                              ATTEST:

 

 

 

 

_________________________________    ___________________________________

Jennifer Huefner, Chairman                          Assistant Clerk

 

 

 

 

 

 

 

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