Kevin Rudd reported that this is an amendment of an existing subdivision plat to combine three (3) lots (#135, #136 and #143) into one lot (Lot #143). All three lots are owned by the applicant. It was noted that the state statue no longer requires all property owners in a subdivision to sign off on an amended plat to combine lots, only those affected by the amendment. The amended plat has been reviewed by Staff, and it complies with Ivins City Code Subdivision Regulations, Title 15.04.408 "Amending a Recorded Plat."
MOTION: Commissioner John Reed moved to approve an Amended Final Plat on Taviawk Subdivision Phase VII located at 744 N. Yucca Court. Mary C. Smith, applicant.
SECOND: Commissioner Adel Murphy
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner John Reed |
AYE |
| Commissioner Todd Benson |
ABSENT |
| Commissioner Mike Scott |
ABSENT |
Kevin Rudd reported that a few months ago a beehive was reported to be in Ivins City, and the City Council gave direction to the Planning Commission to explore the possibility of creating an ordinance to allow beekeeping within the City. Ordinance No. 2011-02 and Ordinance No. 2011-03 has been prepared by the Commission which does allow beekeeping within almost all the residential zones except in the higher density residential zones. The use is also allowed in the commercial zones.
Commissioner Mehr opened the Public Hearing.
Skip Blythe resides at 818 N. Agave Court. Mr. Blythe felt that he would not be able to change the Commissioners’ mind but wanted to get a couple of things on the public record. First, he asked that everything he and his wife submitted to the Commission to become part of the public record. Many of us feel that those who pass these types of ordinances have a reason for doing so. However, it is also our opinion that the Commission should not be immune from its bee benefits that’s being imposed upon us. Are there any Commissioners who feel they cannot abide by the guidelines being proposed for us to abide by the guidelines being proposed for us to abide by? Mr. Blythe gave an example of funding two or three hives (200,000 to 300,000 bees) that meet all the requirements of this ordinance in the spirit of saving the planet. For an earth day project they would donate them to a family who would care for them and use the honey. However, the CC&R’s prohibit bees in the neighborhood but they contacted the property owner that owns the land directly behind the Commissioner’s block wall to ask them if we can place the hives there. It’s a perfect location and its part of the flyway requirement. Can we count on the Commissioner’s support in this manner and a gesture of good faith that you’re willing to have the same bee benefits with your pool that we experienced this year with our spa? He asked Commissioner Mehr to define bee nuisance as stated in the ordinance. Since the Commissioners chose not to address hive management and the impact on surrounding residences, a group of us have taken the time to find some of the most unique solutions to protect our property. We do not view this as a game but we have not worked our entire lives to get here and not be able to use our property because of a hobby or an earth day project. Each side has vested interest. The Commission and the Council have the absolute authority to enact ordinances, and we have no right to demand the enforcement. However, property owners also have the right to enjoy peace, tranquility and be free of nuisances on their property. There have been problems with this hive before and as soon as it comes back we will have problems again. I absolutely guarantee it, and this time, we will vigorously exercise our rights of private property.
Cindy Smith resides at 304 W. Cliff Rose Way and advised that it was her beehive that started this discussion. She expressed her thanks to the Commissioners for taking the time to thoroughly investigate bees, residential beekeeping and listening to both sides. Utah from its first days of settlement by Mormon pioneers has been known for the industriousness, self-reliance and is symbolized to the world by a beehive. The pioneers came to this desert by growing food, conserving water and living wisely off the land. In the present economy these fundamentals, which are so much the part of Utah’s culture, are now on the rise and beekeeping is just one symbol. People are growing community gardens and home gardens and bees are needed for a successful garden. It is in our best interest to support these small insects. They have been around since the time of dinosaurs and survived and very much unchanged because of their sense of community and they take care of each other.
Kristin Hunt resides at 967 Paiute Drive and expressed her appreciation to the Commissioners on how they conducted themselves in regards to the research and exploring all the issues in a manner that was found, valid and reliable. The Commission has operated in the public interest.
After no further comments, Chairman Mehr closed the Public Hearing.
Commissioner Murphy referred to Judith Kapuscinski’s letter and her comments that the ordinance did not include any definitions. She asked Commissioner Reed if definitions on bee comb, hive activity and requeening should be included in the ordinance.
Commissioner Reed felt that the language "WHEREAS" and definitions are part of the City Council’s responsibilities.
Kevin Rudd explained that there have been times when definitions have been provided but not in every case. One of the questions from Mr. Blythe was asking to define a bee nuisance. The ordinance does mention "threatens public health or safety, or creates a nuisance." The question is how we define public health safety or nuisance.
Chairman Mehr asked if that was addressed in the "Nuisance Ordinance" or not.
Kevin Rudd explained that a nuisance would be based upon someone complaining that bees were being kept in the manner that they were unable to conduct their daily lives such as feeling unsafe or unable to use their backyard. Those things could be defined as a nuisance.
Commissioner Reed did not want to take the interpretive ability away from Staff to determine what is considered a level of nuisance. There are many conditions that can occur that we can’t foresee and will need to be interpreted by Staff or even by the courts.
Chairman Mehr felt that nuisance is defined defined in the Nuisance Ordinance and they should not try to restate how we define it in this particular situation. The issue will be noted in the minutes. The City Council will get the information and they can chose to add definitions to the ordinance. It’s a good point but he felt they should move the ordinance forwarded to the City Council. The Commission received other emails in support of the ordinance from John and Kristin Hunt, Cheryl and Gary Collins, Robert Edwards and Melanie Florence.
Commissioner Reed read summary comments concerning safety and the effectiveness in regulating the beekeeping practice. Inquiries to other municipalities have shown that beekeeping in those municipalities has created very few complaints, if any. This is the most restrictive beekeeping statute he could find. Although others would prefer the ordinance to have more restrictions, it would effectively prohibit the practice. Expert opinions, including experts who have given evidence to the Commission, say it is a safe and an effective practice. UDAF inspector says the community is safer with managed European honeybee colonies. There will always be bees and it is a choice as to whether those will be feral Africanized colonies or managed well-behaved European hives. It is a poor choice to base public policy on likes and dislikes or emotion and fears rather than the facts in evidence before us. He recommended to the Council that in Ivins we remain faithful to our heritage in Utah as the Beehive State and allow people to keep beehives. (a complete copy of his statement is available at Ivins City office.) He’s heard concerns from people that having beehives would decrease the property value. Therefore, he asked if Commissioner Murphy would respond.
Commissioner Murphy stated that she could not say without having some marketing information but didn’t think it would affect the value. It’s no different than having any other agricultural activity next door. Market values are based on sales and what goes on in the market. It’s tough to say that one thing would change the value.
The Commissioners thanked Commissioner Reed for his research.
Commissioner Mehr stated with regard to the question that everything become part of the record, the Commission wants the Council to have all the information the Commission received to make a decision.
The Commissioners discussed whether the letters received from the public hearing should be forwarded to the Council as well as previous letters from the previous public hearing.
Kevin Rudd explained that Mr. Blythe was asking for the letters that Skip and Kathy Blythe submitted previously. All letters from the previous hearings would not be forwarded. If someone specifically requests that a letter that was written to the Commission months ago, such as requested by Mr. Blythe, it would be forwarded. Other correspondence would be available in the minutes. It would be burdensome to pass that information along unless the City Council asks for it or the person asks for it to be part of the public record.
Chairman Mehr asked that Staff inform the City Council of the date of the first public hearing for them to listen to in preparation for their meeting. The County Bee Inspector and State Apiary Official from the Utah Department of Agriculture attended the meeting and were expert witnesses.
Kevin Rudd clarified that a letter was sent to the Commission a couple of meetings ago by Skip and Kathy Blythe that commented on the ordinance that was being worked on. The Commissioners did see the letter. It was not part of the hearing but Mr. Blythe is requesting that it be part of the record. If Staff wants us to forward further information, we will.
MOTION: Commissioner John Reed moved to recommend to Amend Ivins City Code to allow Beekeeping as a Conditional Use (Ordinance No. 2011-02) and to provide regulations on Beekeeping activity (Ordinance No. 2011-03). Ivins City, applicant.
SECOND: Commissioner Adel Murphy
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner John Reed |
AYE |
| Commissioner Todd Benson |
ABSENT |
| Commissioner Mike Scott |
ABSENT |