CHAIRMAN AND COMMISSIONERS:
The meeting was called to order at
05:31 p.m. All present included
Chairman Dennis Mehr,
Commissioner Todd Benson,
Commissioner John Reed,
and Commissioner Mike Scott.
Staff: City Manager Judy Gubler, City Attorney Dale Coulam, Building and Zoning Administrator Kevin Rudd and Deputy City Recorder Martha Wilson.
Audience: Kathy Blythe, Angelo DiSante, and Cindy Smith.
Chairman Mehr acknowledged there was a quorum and that Commissioner Adel Murphy was excused.
Commissioner Reed led the Flag Salute.
Commissioner Benson led the Invocation.
There were no disclosures or conflict of interests with this meeting agenda.
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2) |
REPORTS AND PRESENTATIONS (None) |
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3) |
BUSINESS LICENSES (None) |
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4) |
PUBLIC HEARING AND ACTION ITEMS (None) |
The Commissioners clarified that there will be a meeting on April 19, 2011 with owners of commercial property to discuss issues on what the owners would like to see in an ordinance but not so much on comments of what the Commission is working on at the present time.
A letter will be prepared by Staff and sent to the commercial businesses and property owners approximately one month prior to the meeting. This discussion item will continue to be on the agenda for any future discussions.
Dale Coulam revised Ordinance No. 2011-03 to incorporate Commissioner Reed’s changes. Also attached was a Table of Use Chart for the Commissioner’s to review (copies are available at Ivins City offices). During the previous meeting the Commissioners recommended that the Beekeeping Regulations be in the Animal Ordinance in Title 6 of the Ivins City Code rather than in the Zoning Ordinance. The public hearing will proceed as part of the Zoning Ordinance because the City Council has the option to decide where this ordinance should be located within the City Code. If the Commission is comfortable with the language in the ordinance, the next step is to schedule a Public Hearing. At that point the ordinance will be available to the public.
Kevin Rudd noted that the Table of Use Chart shows beekeeping allowed in all residential zones as a Class II Conditional Use. A Class II is approved by Staff and does not require approval from the Planning Commission or City Council.
The Commissioners reviewed the table and recommended that the use not be allowed in the high density zones which are R-2-6 (Two Family Residential District), M-H (Mobile Home District), and R-M (Multiple Residential District).
Chairman Mehr asked if the use should be allowed in the commercial zone.
Kevin Rudd explained that if property is zoned commercial, is undeveloped and it’s larger than five (5) acres the owner is allowed agricultural activities on the property. It’s possible to put beehives on a larger parcel.
Commissioner Reed did not see a reason to restrict commercial zones.
Kevin Rudd asked if the beekeeping use should be allowed as a Class II in all commercial zones and if it would be useful to have it as part of a Conditional Use for commercial businesses.
Dale Coulam felt there should be some type of Conditional Use because the Beekeeping Regulation Ordinance does not address some of those boundaries.
The Commissioners agreed that commercial zones be a Class II Conditional Use.
The Commissioners reviewed the ordinance and commented on the following:
Section 6.9.111 Violations:
Chairman Mehr asked if the Commissioners had any questions about enforcement since there had been some concerns.
Commissioner Reed stated that enforcement will vary depending upon whether it’s agricultural or whether it’s under the Animal or the Zoning Ordinance. It’s up to the City to deal with violations.
Dale Coulam explained that this section was taken from the Salt Lake City Ordinance and their enforcement goes through an Administrative Code Enforcement process rather than a criminal process unless there have been a certain number of violations. Whether it is a Zoning Ordinance or Animal Ordinance, the City’s Administrative Code Enforcement Court would hear the notice of violation or citation. It would be handled through civil penalties rather than criminal charges unless it’s an ongoing issue.
Section 6.9.107 Water:
Commissioner Benson stated that his concern was minimizing any nuisance created to neighbors and referred to Section 6.9.107, line 2 and added that the statement "minimize any nuisance" is a subjective term. How do we quantify a minimal nuisance?
Commissioner Reed suggested deleting "between March 1 and October 1 of each year" and add "during hive activity" but wasn’t sure about the statement in Line 2, "The water shall be in a location that minimizes any nuisance...."
Commissioner Scott suggested changing the language to read, "Water available to the colony during time of hive activity to minimize any nuisance created by bees seeking water on neighboring property."
The Commissioners agreed with the revision. There were no other revisions to the ordinance.
A Public Hearing will be set for March 15, 2011.
MOTION: Commissioner Mike Scott moved to approve the Ivins City Planning Commission minutes for February 15, 2011.
SECOND: Commissioner John Reed
VOTE: The motion carried.
| Chairman Dennis Mehr |
AYE |
| Commissioner John Reed |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner Todd Benson |
ABSTAIN |
| Commissioner Adel Murphy |
ABSENT |
Commissioner Benson will not be in attendance for the March 15, 2011 meeting.
Chairman Mehr invited the community to the grand opening of Sunset Clinic.
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E. |
Items to be placed on future agendas (None) |
MOTION: Commissioner John Reed moved to adjourn
SECOND: Commissioner Todd Benson
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Todd Benson |
AYE |
| Commissioner John Reed |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner Adel Murphy |
ABSENT |
The meeting adjourned at 5:53 P.M.
Respectfully submitted,
Martha S. Wilson, CMC
Deputy City Recorder