Rezone Denied

PLANNING COMMISSION MEETING

August 2, 2017

Reported by Anita Weston

GARDEN CITY, Utah.  August 2, 2017  A public hearing was held to discuss a re-zone request at 55 W and 350 S to change the zone from a Single Family Residential to a Commercial-3 Zone.  The request was made by Julie Anderson. 

Anderson said that she and her sisters would like to raise strawberries and raspberries and sell them at their lot.  She said there was enough property there to grow the fruit for sale as well as have a small shop for other types of gifts for sale.

Several neighbors were at the hearing.  Most indicated they really didn’t want a business in the middle of their neighborhood.  It was noted that the possibility of a Conditional Use Permit could perhaps be used to allow a business there only until the business changed hands.  Then, the City could allow that area to again become a Single Family Residential zone or allow the new owner to get another Conditional Use Permit.  After looking into the Conditional Use Permit it was decided that this issue did not meet the requirements of a Conditional Use Permit.

The public hearing was closed and the regular Planning Commission Meeting was called to order.

The Commission discussed the request for the Anderson rezone.  Several members of the Committee noted that they did not like the idea of spot zoning.  Currently, there are more commercial areas in Garden City than residential areas. 

There are some businesses that are carried out in homes.  These businesses, such as a beauty operator, an accountant, etc., only have one client at a time so there are no traffic or parking problems.

It was noted by Glen Gillies, the Commercial Building Inspector, that if the lot were to be changed to commercial, the current building would have to meet the commercial code requirements and that it would cost less money to tear the current building down and build a new one instead of trying to get the current building to pass commercial standards.

The motion to deny the request to rezone that lot was passed.

A discussion ensued concerning the minimum square footage for a house to be called a house and not a trailer, or other type building.  There is a “tiny home” that has been put on a lot in Buttercup.  It has only 140 square feet of living space.  It was built on wheels and does not have any specs to be able to check out the building for residential requirements.  Gillies asked the Commission to decide the difference between a house and a trailer.  He noted that from all his reading, a house could be over 500 square feet of living space while anything under 500 square feet falls into the trailer category.

Gillies said that a trailer should be built on concrete.  This tiny house must follow requirements.  It needs the proper setbacks, and connect to the sewer, water, and electricity.  This “tiny house” does not have enough livable space.  He asked that the minimum amount of space be at least 180 square feet or more.  The Commission noted that they would look into this issue.

Norm Mecham has purchased a 15-acre piece of land at 300 West through to 100 West.  It touches 150 south going east.  He will be creating a CPUD.    His plan meets the density requirements, the parking issues for nightly rentals is generous, and it connects with at least two city roads making movement in and out of the CPUD easy.  Mecham is aware of the need to run fiber in a new subdivision and is willing to do that.

Mark Smoot will have 20’ roads at his proposed PUD.  They will be one-way streets and the subdivision will be gated.  The speed limit within the PUD will be 3 MPH.  He has also made the PUD less dense than his original plan.  He will be working in phases.  He will include a hotel with nine rooms that have a western look.  The changes that he has made look good.

The Commission noted that they need to clean up some of the ordinances for greater clarity.  They need to add more regulations to fit the unexpected that are being encountered by the Commission.