CHAIRMAN AND COMMISSIONERS:
The meeting was called to order at
05:34 p.m. All present included
Chairman Dennis Mehr,
Commissioner Todd Benson,
Commissioner Adel Murphy,
Commissioner John Reed,
and Commissioner Michael Scott.
Staff: City Manager Judy Gubler, City Attorney Dale Coulam, Building and Zoning Administrator Kevin Rudd, Deputy City Recorder Martha Wilson.
Audience: David H. Ratcliffe, Ken and Pat Kittock, Skip and Kathy Blythe, G. Neumann, Charles Neumann, Angelo Disante, Betty Blank, Pat Barten, Pat Robiehaux, Mr. Hustson, Sue and Don Miller, Peter Stemple, Nicole McDermott, Cindy Smith, David Kidder, Pat Kittock, George Stoddard, Tom Fabio, Judith Kapuscinski and Peter Stempel.
Chairman Mehr acknowledged there was a quorum.
Commissioner Murphy led the Flag Salute.
Commissioner Benson gave the Invocation.
There were no disclosures or conflicts of interest with this meeting's agenda.
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REPORTS AND PRESENTATIONS (None) |
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BUSINESS LICENSES (None) |
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PUBLIC HEARING AND ACTION ITEMS (None) |
Kevin Rudd reported that Staff provided information to the Commissioners from other cities and letters from concerned citizens. The City Council requested that the Planning Commission discuss the issue and determine if there should be a recommendation to amend the ordinance to allow the keeping of bees, leave the ordinance as is, or clarify in the ordinance that the use is illegal. Beekeeping is not listed as a permitted use in Chapter 33 of the Zoning Ordinance.
Commissioner Reed read statements from the General Plan and he felt that it appears beekeeping is encouraged. He furnished information from several municipalities including the Utah Department of Agriculture and the Washington County bee inspector since these agencies regulate bees. Commissioner Reed also has several years of experience in this field. The hive in Ivins was noncompliant, wasn’t licensed or inspected properly, and should have been removed quickly. But there was some confusion as to who was the bee inspector. Regulations should not be based on a single non compliance use nor prohibit any activity/animals that could be a nuisance. Detailed information on managing European Honey Bees was explained and also misconceptions of how African bees enter honey bee hives. Managed hives do not swarm. A bee doesn’t sting unless it is molested, grabbed or the lid of a hive is lifted. Authorities agree that bees are only aggressive when they are defending their hives. In reference to hummingbird feeders, bees are not attracted to sugar water. Those are usually yellow jackets. Bees collect water, and if bees are supplied with water properly, they do not swarm bird feeders, swimming pools, etc. The Washington County bee inspector advised that a noncompliance beehive can be seized within 24-48 hours, and he is willing to come and give information during a public hearing. He reported that it is Danielle Downey with the Utah Department of Agriculture’s desire to have any beekeepers applying for a license sign off on "Best Management Practices for Honey Bee Colonies."
When managed in a fashion similar to the Salt Lake City Ordinance, urban beekeeping is completely safe.
Commissioner Benson referred to a policy report from Vancouver, British Columbia. The report indicates that all the policies for municipalities are very similar, and he was encouraged that there are ways to regulate beekeeping and still have it safe for residents.
Commissioner Scott commented that the hazard from bees is less than we thought, but there is still a hazard. The Vermont Agency of Agriculture talked about bees collecting water from bird baths, swimming pools, etc. and they can be a nuisance. There was a number or references regarding the hazards. The issue is not are bees safe or not safe, it’s the perception about bees. The General Plan clearly says the vision is to create a feeling of safety and comfort. Do a number of bees in the yard give that feeling? The Department of Agriculture material suggests that it doesn’t for a number of people. The General Plan refers to preserving agriculture uses that we have but doesn’t talk about expanding those uses. Bees do diminish a feeling of safety and comfort.
Commissioner Murphy commented that there couldn’t have been enough water around the hive site to keep the bees from swarming the hummingbird feeder. The information submitted shows there is a safe way to beekeeping and the bees are not necessarily dangerous. There was a perception of danger which was caused by walking out and seeing a lot of bees on the bird feeder. The beehive should not have been there, and it wasn’t regulated properly.
Chairman Mehr contacted Mel Taylor, a local honey bee farmer and president of Utah Beekeeper’s Association, that says there is a proper way to regulate beekeeping, and he is willing to support the idea if the City does go forward with an ordinance. He explained that there would have to be setbacks and restrictions because when the honey is harvested the bees become agitated and go into the neighbors areas. There is a perception that bees are dangerous but so are other animals such as pit bulls, etc. The letter to Judy Gubler from the Taviawk Association was read. There are concerned citizens in a neighborhood that want their CC&R’s enforced. If we amend the ordinance to allow beekeeping in residential areas, this association could still prohibit beekeeping in the residential neighborhood.
Dale Coulam clarified that the hive was placed just outside the Taviawk Subdivision boundary. The Taviawk Association did not have jurisdiction. The Council is asking this body to look at it on a broader scale throughout the City.
Kevin Rudd was concerned about the enforcement of beekeeping. Any Zoning Ordinance is only as good as having the manpower and ability to enforce the ordinance. There’s a difference in keeping bees in agriculture and keeping bees in residential backyards.
Commissioner Reed explained that enforcement is the responsibility of the County Bee inspector.
The Commissioners felt they should contact other municipalities about enforcement to see how well it’s working. The Commissioners decided to contact the Department of Agriculture and Washington County Bee Inspector to see when they could be available for a public hearing. A public hearing date will be set within a few weeks depending on the availability of these speakers.
(Copies of all research materials are available at the Ivins City office.)
Chairman Mehr acknowledged that the Commission had received information from Mr. Disante.
The Commissioners decided to revisit Staff’s suggested amendments and diagrams during the next regularly scheduled meeting. Copies of the amendments were given to Form Tomorrow for them to review and furnish feedback.
Peter Stempel and Nicole McDermott submitted preliminary standards and diagrams on Neighborhood Commercial, Community Commercial and Resort Commercial. During previous discussions the Mayor had some concerns about the proximity of commercial buildings to the street. Form Tomorrow measured some view angles from different areas of the city to the top of Red Mountain to understand the sight lines. The sight line varies within the City. Photographs were also taken, and then computer diagrams were made of the different zones. The density, building size and building heights, etc. were included in the illustrations for each zone.
Some changes and recommendations included:
1. condensed some of the commercial zones into fewer zones with possible overlays.
2. kept the landscape in front and work with moving the structures away from the street to keep the view and at the same time achieve the goals of clustering and walkability.
3. changed the percentage for the second floor to 33% so that there would be a view between the buildings. It eliminates the view of a hard wall of the second floor
4. recommended not counting trellis, overhangs, etc. as part of the building square footages because it removes incentives from the developers. If the City wants to see broad eaves, trellis and porches, these are architectural features that cost more, and there should be no zoning penalties.
5. recommended sharing driveways and allowing zero lot line to encourage developers to cluster different uses.
6. increased setbacks on corner lots and the sides are built-to- line to increase front setbacks.
7. continue trails in Business Park and Resort areas and use trails as an incentive.
8. recommended maximum 60,000 square foot buildings in Business Park. The average for most Business Parks is 40,000-60,000 square foot buildings. Business Parks requires a significant amount of landscaping which softens the parcel. The height could be increased for the buildings because larger buildings would be in the interior lots and parking could be stacked.
In addition, there were discussions about lockout units in the resort zones which are hotel/condo units in which individuals purchase the condominiums and the unit is rented as a hotel. Currently, Fitness Ridge and Red Mountain Spa have these types of units. Fitness Ridge is covered by development agreement. Peter Stempel suggested having something in the ordinance to cover these types of units.
Peter Stempel asked that the Commissioners review the standards and diagrams and email their comments.
(copies of standards and diagrams are available at Ivins City office)
MOTION: Commissioner Adel Murphy moved to approve the Ivins City Planning Commission minutes for August 17, 2010.
SECOND: Commissioner Michael Scott
VOTE: The motion carried.
| Commissioner Todd Benson |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner John Reed |
AYE |
| Commissioner Michael Scott |
AYE |
| Chairman Dennis Mehr |
ABSTAIN |
Kevin Rudd explained that during the last Planning Commission meeting the Commission reviewed the domestic animal issue. The recommendation from the Commission was not to change the Zoning Ordinance, and if Padre Canyon Subdivision wanted to change the ordinance, an application should be submitted for consideration. This information needs to be reported to the City Council.
Chairman Mehr will report to the City Council.
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City Attorney, Dale Coulam (None) |
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Items to be placed on future agendas
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1. Continue discussion on grading and elevations of lots.
2. Continue discussion on commercial uses.
MOTION: Commissioner John Reed moved to adjourn
SECOND: Commissioner Michael Scott
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Todd Benson |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner John Reed |
AYE |
| Commissioner Michael Scott |
AYE |
The meeting adjourned at 7:02 p.m.
Respectfully submitted,
Martha S. Wilson, CMC
Deputy City Recorder