SOUTH WEBER PLANNING COMMISSION MEETING

SOUTH WEBER PLANNING COMMISSION MEETING DATE OF MEETING: 23 February 2012 PRESENT: TIME COMMENCED: 6:31 p.m. COMMISSIONERS: Delene Hyde Tim Grubb (...
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SOUTH WEBER PLANNING COMMISSION MEETING DATE OF MEETING: 23 February 2012 PRESENT:

TIME COMMENCED: 6:31 p.m.

COMMISSIONERS:

Delene Hyde Tim Grubb (arrived at 6:40 p.m.) Mark Perkins Rod Westbroek Rorie Stott

CITY PLANNER:

Scott Hess

DEPUTY RECORDER:

Emily Thomas

TRANSCRIBER:

Michelle Clark

A WORK MEETING WAS HELD PRIOR TO THE SPECIAL PLANNING COMMISSION MEETING AT 6:00 P.M. TO DISCUSS AGENDA ITEMS, CORRESPONDENCE, AND/OR FUTURE AGENDA ITEMS

VISITORS: Jon & Sara Lusk. DECLARATION OF CONFLICT OF INTEREST: The Planning Commission did not report any conflict of interest. APPROVAL OF THE AGENDA: Commissioner Westbroek moved to approve tonight’s agenda as written. Commissioner Perkins seconded the motion. Commissioners Hyde, Perkins, Stott, and Westbroek voted yes. The motion carried. APPROVAL OF 27 OCTOBER 2012 MEETING MINUTES: Commissioner Grubb moved to approve the minutes of 27 October 2011 as written. Commissioner Stott seconded the motion. Commissioners Hyde and Westbroek voted yes. Commissioners Stott and Perkins abstained. The motion carried. APPROVAL OF 22 DECEMBER 2012 MEETING MINUTES: Commissioner Westbroek moved to approve the minutes of 22 December 2012 as written. Commissioner Perkins seconded the motion. Commissioners Hyde, Perkins, and Westbroek voted yes. Commissioner Stott abstained. The motion carried.

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Recommendation for Ordinance 12-03: An Ordinance Amending Title 10 Zoning Regulations, Chapter 1 General Provisions, Section 10 Definitions, Household Pet & Chapter 11 Supplemental and Qualifying Regulations, Section 7 Animal Keeping Regulations (The Public Hearing for this Item was held December 22, 2011). Scott Hess, City Planner, stated after the public hearing on 22 December 2011 and city staff input the ordinance was amended as follows: SECTION 2: South Weber City Code, Title 10, Chapter 1, Section 10, Definition Household Pet, shall be amended as follows: HOUSEHOLD PET: Animals and fowl which are customarily allowed in the home for the sole pleasure and enjoyment of the occupants but not raised or kept for commercial purposes or for food, but not including a sufficient number of dogs to constitute a "kennel", as defined in this title. Not more than a total of two (2) pairs of small animals (such as rabbits, squirrels, chinchillas, hamsters, guinea pigs, chickens, pheasants, pigeons, etc.) and their dependent young, not more than four (4) months old may be classed as household pets; provided, that they are penned or caged, and the pen or cage for the same is located at least seventy five feet (75') from any dwelling on an adjacent lot. SECTION 3: South Weber City Code, Title 10, Chapter 11, Section 7 shall be amended as follows: Move introductory paragraph (beginning “In any A..) renumbering and amending it to reflect as Subsection D. Animal Keeping Zones: D. Animal Keeping Zones. In any A, A-10 or R-L zone, animals and fowl may be kept for family use outside the dwelling; provided that the provisions of subsection 10-11-3D of this chapter are met and the number of animals or fowl do not exceed the number permitted by the following schedule, except that animals classified as farm industry in the A or A-10 zone shall have no such limitations. Begin 10-11-7 with the following additions: A. All animals shall be regulated by Davis County Animal Control. B. Household pets shall be permitted in any zone provided the number does not exceed the limit as regulated by the current Davis County code or as defined in this Code. C. Any number of hens shall be permitted in the Agricultural (A), Agricultural Aircraft Hazard (A-10), Residential Low (RL), Residential Low Moderate (RLM), and Residential Moderate (RM) zones subject to the following regulations: a. Chicken pens or coops shall be prohibited within 10 feet of the primary structure on the lot and within 1 foot from side property line. This regulation applies to mobile chicken coops as well as fixed structures. b. Chickens must be kept securely enclosed in a yard or pen at all times. Renumber Original Item A to E and Amend as Follows:

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E. Points Per Acreage: Each full one-half (1/2) acre of property within the lot, or up to ½ acre for legally conforming lots within residential zones, shall be eligible to contain or house animals rating fifty (50) points. Renumber Original Item B to F and Amend as Follows: F. Assignment of Points: Points are assigned to animals grouped as follows: a. Large animals such as horses, cows, llamas, pigs or ostriches, twenty (20) points each. b. Medium animals, such as sheep or goats, but not including pigs, ten (10) points each. c. Small animals, such as chickens, geese, rabbits, pheasants, or pigeons two (2) points each. Add the following paragraphs G and H as follows: G. Roosters shall only be permitted in the Agricultural (A), Agricultural Aircraft Hazard (A-10) and Residential Low (RL) zones. H. Nuisances. If nuisances such as rodents, excessive noise, smell, and/or other nuisances, as deemed by the Animal Control Officer, result from the keeping of animals, the owner shall be subject to citation by the Davis County Animal Control and possible removal of the nuisance animal(s). Commissioner Perkins moved to recommend approval to the City Council for Ordinance 12-03. Commissioner Stott seconded the motion. Commissioners Hyde, Perkins, Stott, and Westbroek voted yes. The motion carried. Discuss Wind Turbine Ordinance Draft & Provide Direction to Staff: Scott Hess, City Planner, explained that the City has had several requests to install wind turbines in various locations throughout the City (mostly people either requesting to do residential installation and people wanting to do commercial installation). Scott said the City does not currently have an ordinance that regulates this type of use. Staff has drafted an ordinance similar to other cities. Scott stated the city staff would like to see support from the citizens before moving forward and proposes after the ordinance is discussed a plan for citizen input – above the required public hearing. This could be in the form of an open house or a letter sent with the utility bills. Scott explained that this proposed ordinance regulates only commercial uses and targets the property close to Weber County and would be limited to five acres. The Planning Commission discussed including the ridgeline along South Weber City. Scott stated a sideline ordinance could be written for residents wanting to use the wind. Commissioner Grubb arrived at 6:40 p.m. Scott will find out if the city will receive revenue from this as well as whether or not to include the ridgeline. Currently, there is no application pending with the city for this type of use. Scott will ask the City Manager if there is any company who would be interested in moving forward with something like this. The Planning Commission was in agreement.

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ADJOURN: Commissioner Grubb moved to adjourn the Planning Commission meeting at 6:53 p.m. Commissioner Stott seconded the motion. Commissioners Grubb, Hyde, Perkins, Stott, and Westbroek voted yes. The motion carried.

APPROVED: ______________________________ Date Chairperson, Delene Hyde

Attest:

______________________________ Deputy Recorder: Emily A. Thomas

______________________________ Transcriber: Michelle Clark

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Planning Commission Work Meeting February 23, 2012

Time: Work meeting began at 6:07 p.m. Attendance: Commissioners Hyde, Perkins, Westbroek, Stott, Deputy Recorder Emily Thomas, City Planner Scott Hess Visitors: None Recommendation for Ordinance 12-03: An Ordinance Amending Title 10 Zoning Regulations, Chapter 1 General Provisions, Section 10 Definitions, Household Pet & 11 Supplemental and Qualifying Regulations, Section 7 Animal Keeping Regulations Scott began by explaining the proposed ordinance changes as provided in the packet. He added that the chicken coop section of the proposed ordinance is similar to the accessory use building code. While it isn’t what some people wanted, it is in keeping with fire and building code regulations. Commissioner Stott inquired about a setback requirement for adjacent structures. Scott stated this has not been specified. He suggested adding language that would limit the coop 20 feet from surrounding structures. Commissioner Perkins stated it should be “dwelling structures” and not just any structure. Commissioner Hyde stated that this setback could mean some people with narrow lots would have to keep the coop in the middle of their yard. Scott stated that instead of adding a side setback, it could just be left without one and monitored and then changed if needed. Commissioner Stott stated that the nuisance portion of the proposed ordinance would take care of issues that arise from a coop being too close to a neighbor’s house. Commissioner Stott stated chickens are a hassle to keep. Commissioner Perkins agreed and added that there won’t be a flood of new chicken owners because of this change. The Commissioners agreed to leave the proposed ordinance as is and recommend it for approval. Discuss Wind Turbine Ordinance Draft & Provide Direction to Staff Scott stated this proposed draft ordinance was completed at the request of the City Manager. Scott reviewed the proposed draft ordinance explaining it is a combination of the Spanish Fork and Millard County ordinances. This use would be a conditional use in the industrial zones of the city. Commissioner Perkins clarified if the ordinance required five acres per turbine. Scott stated it does not, it requires that many acres for the project. Scott stated that there is a section that needs to be added – requiring a building permit to connect to the power properly. There have been instances where people have incorrectly

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installed and are back-feeding the power grid, even though the power has been shut off. This puts emergency responders at risk. Scott asked if the city has adopted a wild land interface code. They have. Commissioner Perkins asked if the City would receive any revenue from this type of use. Commissioner Stott stated that Spanish Fork leases the ground where the turbines are in their city and they do make money off of the power. This is; however, because they have their own power company. Scott stated that there needs to be public involvement throughout – over and above the required public hearings. The work meeting concluded at 6:30 p.m. Work meeting minutes transcribed by Deputy Recorder Emily Thomas.