Minutes of the East Huntsville Township Planning Commission held Tuesday, April 22, 2003 in the
Weber County Commission Chambers, 2380 Washington Blvd., commencing at 5:00 p.m.
Members Present:
Wally Armstrong, Chair
Louis Cooper
Kim Wheatley
Lorna Rich
Greg GravesMember Excused:
Frank Maughan
Staff Present: 
Jim Gentry
Monette Hurtado, Legal Counsel
Kevin Hamilton, Planner
Angela Martin, Secretary
 
Consent Agenda
 a. Final Approval of Lakeside Village Phase 5 at 6486 E. Hwy. 39 East Huntsville.
 b. Final Approval of Lakeside Village Phase 6 at 6486 E. Hwy. 39 East Huntsville 
Regular Agenda Items
1. Approval of the March 25, 2003 meeting minutes
2. Flag Lot #02-03 by Lonny Bailey for a flag lot at approximately 8150 E. 100 S.
3. Zoning Petition #5-2003 to Amend Chapter 28 Nonconforming buildings, uses and parcels
4. Other
 
Consent Agenda
 a. Final Approval of Lakeside Village Phase 5 at 6486 E. Hwy. 39 East Huntsville
 b. Final Approval of Lakeside Village Phase 6 at 6486 E. Hwy. 39 East Huntsville 
 Chair Armstrong asked if there was any public input on these two items.
 Commissioner Wheatley made a motion to accept both consent agenda items, Phase 5 and
 Phase 6 for final approval subject to recommendation from staff. Commissioner Rich seconded
 the motion. Commissioner Graves expressed his opinion on the colors. The Commissioners
 stated that they liked the new color instead of the old color. 
 
 John Leon, homeowner, stated that Legacy by some legal means show that they have
 stewardship of 100% of the proxies to do what they are doing. He does not know if this is legal
 as he is not a lawyer. Mr. Leon asked the board not proceed in haste. He has confidence in
 whatever they decide.
 Monette Hurtado, Legal Counsel stated that this item is on the consent agenda, if they want to
 discuss the item, they should put the item on the regular agenda, it is up to the commissioners.
 
 Commissioner Wheatley withdrew his motion that was on the table and Commissioner Rich
 withdrew the second.
 Commissioner Wheatley moved the consent item to a regular agenda, prior to #3 on the regular
 agenda and Commissioner Rich seconded the motion.
 
3. Final Approval of Lakeside Village Phase 5 and 6 at 6486 E. Hwy. 39 East Huntsville.
 Staff presented the following report:
 
 Finding of Fact: 
 The applicant requests final approval for Lakeside Village Phase 5 Condominium Plat consisting of 8 units.
 And Phase 6 Condominium Plat consisting of 6 units
 A small island containing the club house has been left off the plat. The island does not meet the area
 requirements for the CVR-1 zone for uses other than residential. The club house is an accessory use to the
 planned residential use development and now that it is built will need to be included. 
 Conformance to General Plan:
 Conforms to the General Plan
 Conditions for Approval:
 1. Engineering letter.
 2. Include island in final plat.
 Staff Recommendations:
 Staff recommends Approval
 
 Staff stated to the Commissioner's that the reason they are here is the approval of the actual
 plat. This does not include the CC&R's for these two phases. 
 Chair Armstrong commented that they really do not have any influence over CC&R's. 
 
 Monette Hurtado, Legal Counsel, stated that the P.R.U.D. has already been approved. The
 CC&R's were recorded, all the petitioner is coming in for is phase approval of the subdivision to
 further sell it. What they have to do when they further subdivide is to re-calculate the shares that
 go with each property and amend the CC&R's with each phase. 
 Chair Armstrong asked when a new phase is recorded, does the developer own the voting rights
 to all the new units in terms of the association of owners? Do they now have 10 more votes until
 those units are sold? Ms. Hurtado answered stating it may depend on how the CC&R's are
 written. Sometimes you have them upon recording and other times it is upon the time the units
 are sold. Developers do not want that because once they have a share, they are paying home
 owner association fees and so the developers a lot of times staggers that time period.
 Commissioner Cooper stated that they give themselves more than one vote so they have control
 until the development is done. He believes they can vent themselves from those fees. 
 Monette Hurtado said that can be true in the control period. This was different because they had
 to take into consideration a existing home owners association and get approval prior to the
  recording of those CC&R's. Those were things that had to approved when the original CC&R's
 went in and now each phase is just a recalculation of shares as each phase is recorded and
 added into the CC&R's.
 Staff stated that the net effect of the concern is if you were to recommend this phase to the
 County Commission and for some reason the developer did not have the right or the
 homeowners association refused to annex these into the overall development, then they would
 not be able to record the plat. The Homeowners association or some other person would have to
 seek legal counsel. Ms. Hurtado stated that the homeowners association was here for the
 original approval so they were aware of what the P.R.U.D. would consist of, the entire build out,
 they were aware of all of that. They had an opportunity at that time to object to the numbers that
 were involved. 
 Commissioner Rich asked why this was brought up in their commission. Staff answered that
 they always allow people to speak on these issues whenever they have a subdivision. 
 Ms. Hurtado also commented on why it was brought to the planning commission. She stated
 that the public does not know if it is relevant or not. Many times people want to voice their
 concerns. The board can say that is not an issue that this commission is going to address, that is
 something they need to address to the homeowners association. The planning commission is
 here to approve the subdivision.
 
 Commissioner Wheatley stated that what he has heard about "the clubhouse" is that there is no
 clubhouse and it is a sales office. He would have a different opinion if that is true. Ms. Hurtado
 stated that is not their understanding, they approved an accessory building that is a clubhouse
 and allows for accessory uses for the P.R.U.D. However, the CC&R's may allow that to be an
 area for marketing for the P.R.U.D. which would be a permitted accessory use not for off-site
 sales.
 Mark Warwick, the petitioner, stated that they are going to increase the budget to throw in a
 water feature. They have done everything they could possibly do to make this a first class
 development. The issue about the clubhouse is not on the plat. He directed Great Basin to not
 include it on the plat, and the one reason is that the homeowners complained that they did not
 want to pay for the building if it was not included in the homeowners association, so they said
 they will pay for all the upkeep. There will be no expense to the homeowners association
 because they will take care of all of the maintenance and so forth. The other thing they did, is
 they constructed this building two phases early, and of course as soon as they had it
 constructed, they heard comments that they wanted to use the clubhouse and of course we do
 not have any negative reason why they could not use the clubhouse. In fact, the only reason
 there is not exercise equipment in there is because they went $25,000 over the budget in
 making the clubhouse nicer. It is absolutely true that they are using the back conference center
 for a sales office. They believe it is in their legal right to do so. They are not promoting other
 projects, and they do have another property that we are developing up in Wolf Creek. They are
 not selling Wolf Creek through that office. They do have a rendering of their twin home hanging
  up on the wall. Their agents are strictly selling Lakeside Village and that is it. 
 
 Chair Armstrong asked the developer if they would not like to have the clubhouse recorded at
 this time. Mr. Warwick, answered no that is not true. What he represented to his company is
 that the homeowners have grief that they are not getting full access because they are using it as
 a sales office. So he asked his company if they could pay for the upkeep of the building until
 they deed it over to the home owners association. 
 John Leon, homeowner at Lakeside Village, stated that he is all for the approval of Phase 5 and
 6 at Lakeside Village. The dispute between Lakeside Village homeowners association and
 Legacy concerning Legacy's obligation to pay fees and assessments on the units that Legacy
 owns. He believes they are going work in their best interest to resolve this. In the short term,
 there is a lot of pressure on the home owners because when a new phase is introduced to the
 homeowners association, all of a sudden you get a building and possibly some of the amenities. 
 All he is asking the board to do is not accept the dedication or declaration from the developer
 until this dispute is resolved with the homeowners association. The homeowners association's
 responsibility is to protect every owners rights and as a building gets introduced, if it gets
 introduced on the 5th, phase, then everybody has to be recalculated or else they are taking
 existing owner's money and it gets even worse if the developer does not get involved with the
 homeowners association and in the dues. He knows that this is all CC&R's, and he is not trying
 to dispute that anyone is acting illegal. When this is approved, they put the responsibility on the
 homeowners association to make sure it all divides squarely and as far as he knows, it is the
 obligation under the law and they're supposed to that the best of their ability. He believes it is
 making it enormously tough the way these things are being declared and dedicated. He would
 hope that when they say yes, this is released and then it is ready for occupancy, that they would
 at least allow the board to have some consideration over how much they are going to have to
 make as a special assessment on the owners.
 Staff commented that the planning commission has no authority whatsoever to control or
 manipulate the assessments on these units and in a condominium project. They would be acting
 outside their authority.
 Anita Leon, management committee for the homeowners association, said their attorney did not
 know if this is the forum they should be using. Currently, all the homeowners at Lakeside Village
 are now being burdened by Legacy not living up to their obligations for the dues involved with
 their units. They are trying to work it out. The more buildings going in, the more burden there is
 on the homeowners. 
 Mr. Warwick stated that this is not the forum to discuss those issues. Everything that was said
 by Anita was incorrect, but that is for the attorney's to decide.
 Mary Finon, homeowner at Lakeside Village, said so many buildings need to be built to support
 the amenities and the buildings themselves, at this time, there is only a handful of buildings that
 are supporting the buildings that are occupied. 
 MOTION: Commissioner Wheatley made a motion to approve Lakeside Village Phase 5
  and 6 subject to including the clubhouse plat and other staff requirements. 
 Commissioner Rich seconded the motion. A vote was taken and the motion
 carried unanoumsly.