HomeMy Public PortalAboutMinutes_Planning & Zoning Meeting_05132009t
PLANNING AND ZONING COMMISSION MAY 13, 2009 6:30 P.M. AT THE
COMMUNITY CENTER
PRESENT: Chairman Bruce Case, Members; Roy Hobbs, Adrian Beazer, City Clerk
Robyn Keyes, Chief Basaraba
ABSENT: Jared Wight, Brad Bateman
VISITORS: Paul Meng, Lara Meng, Michael Taylor, Jade Taylor, Misty Taylor, Heidi
Knighton, Jerry Coon, Doug Hansen, Jeremy Cutts, Stacy Cutts, Larry Call, Terry Call.
Julia Hansen, Allen Hansen.
Chairman Case welcomed everyone and led with the Pledge of Allegiance.
Minutes. The minutes from last month were reviewed. P/Z member Hobbs made a
motion to approve the minutes. P/Z member Beazer seconded the motion. All were in
favor, motion carried. Minutes approved.
Public Hearing 7:00 p.m. backyard chickens. See appendix A
Public Hearing 7:50 p.m. Call conditional use permit. See appendix B
Windmill issue. Tom Stears from Switchback Energy attended the meeting to help
answer questions regarding windmill construction and placement upon properties.
P/Z member Beazer asked if the windmills needed to be at least 100' tall in order to be
effective. Mr. Stears said new technology has allowed 35' residential windmills to be
effective for the homeowner. Mr. Stears said Bonneville County will allow a 35'
windmill provided it is in the center of the property so if it falls, it will not fall across the
property line. P/Z member Hobbs said the information he received did not recommend
installing a windmill on less than %2 acre. Mr. Stear said some windmills are designed to
go next to a house attached to a foundation similar to a light pole.
Chairman Case said he is having difficulty finding code information regarding windmills.
Mr. Stears said the national electrical code article number 690 has valuable code
information.
Chairman Case asked about ice buildup on the blades. Mr. Stears said the blades are
designed to slough off any buildup of ice.
Chairman Case asked how long the life span of a windmill typically is, Mr. Stears said
they function well for about 20 years then they begin to require some maintenance.
Chairman Case said he is concerned about abandonment of the windmills. Mr. Stears said
some areas have a stipulation that if the windmills are not in use for three years, they
must be torn down.
P/Z member Beazer asked how the roof mount turbines were attached. Mr. Stears said
they go 4 or 5 feet into the attic and attach to a joist.
Chairman Case asked Mr. Stears if he knew why Idaho Falls would not allow windmills,
Mr. Stears said he did not know.
1
Mr. Stears suggested that the City install a windmill on the well pump on the hill to help
with the cost of electricity up there.
Chairman Case thanked Mr. Stears for his time.
P/Z member Hobbs said he had conducted some research with another company and
received the same information as Mr. Stears gave.
Chairman Case asked if the commission wanted to move forward and allow windmills, or
continue to not allow them. P/Z members Beazer and Hobbs agreed they should be
allowed with limitations. P/Z member Beazer suggested that the lot size dictate the tower
size. Chairman Case asked P/Z members Hobbs and Beazer to begin drafting ideas for an
ordinance for the next P/Z meeting. They said they would. The issues to address are as
follows; limitations on lot size and tower size, inspections, and issues allowing towers
next to a house.
Public right of way. The commission discussed the issues of public right of way
regulations and use. They determined that the issue was not a land use issue and they
were unclear as to what the council wanted them to do.
P/Z member Beazer made a motion to adjourn. P/Z member Hobbs seconded the motion.
All were in favor.
Adjourned 9:30
2
rs
Appendix A
Public hearing 7:00 p.m. backyard chickens.
PRESENT: Chairman Bruce Case, Members; Roy Hobbs, Adrian Beazer, City Clerk
Robyn Keyes, Chief Basaraba
ABSENT: Jared Wight, Brad Bateman
VISITORS: Paul Meng, Lara Meng, Michael Taylor, Jade Taylor, Misty Taylor, Heidi
Knighton, Jerry Coon, Doug Hansen, Jeremy Cutts, Stacy Cutts, Larry Call, Terry Call.
Julia Hansen, Allen Hansen.
P/Z chairman Case welcomed everyone and went over the procedures for a public
hearing. Chairman Case explained that currently, chickens were not allowed in R-1 zoned
areas of Iona, and read the code for R-1 areas regarding farm animals. Chairman Case
also explained that the reason there was a hearing was because several homeowners that
had chickens would like the code changed to allow chickens in R-1 zones. Chairman
Case invited anyone in favor of having chickens in R-1 zones to speak. Michael Taylor
said he was in favor of having chickens, and upon asking his neighbors, no one minded
that he had chickens. Mr. Taylor said the chickens were a good responsibility for his
children. Chairman Case asked Mr. Taylor how long he had lived in his house he said 2
years, and he did not know that chickens were not allowed.
Heidi Knighton said she was in favor of having chickens, and she did not know they were
not allowed either. Chairman Case asked Mrs. Knighton how long she has live in her
house and had chickens. Mrs. Knighton said she has lived in her house for about 6 years
and has have chickens for the last 4 years. Chairman Case asked if her chickens were
enclosed. Mrs. Knighton said they were, and she had not received any complaints from
her neighbors about her chickens.
Jerry Coon said he was in favor of having chickens. Mr. Coon said he has had chickens
on and off for 20 years and asked when the code had changed. Chairman Case said there
was not a code for chickens until 1998. Mr. Coon listed some of the benefits of having
chickens such as; they eat bugs, provide good fertilizer for your yard, and they provide
fresh eggs. Mr. Coon said that chickens could be controlled, where as dogs and cats run
around the neighborhood, and chickens produce less waste than dogs. Chairman Case
said he almost ran over some chickens in the road on the corner of Denning and Main
Street.
Doug Hansen said he was in favor of having chickens and at one time he had up to 100
chickens and no one complained. Mr. Hansen said he would like the code changed to
allow a few chickens.
Allen Hansen said he was in favor of having chickens and said if the pens are kept clean,
and there is a limit to the amount of chickens per house, chickens are a good to have.
Jade Taylor said she enjoys raising chickens and is in favor of allowing chickens.
Jeremy Cutts said he bought his house with almost 2 acres so he could have a few farm
animals and there was already a chicken coop on his property when he bought it.
3
Julia Hansen said she has 2 acres and was told when she bought the land it was
grandfathered in for farm animals. Chairman Case said the grandfather clause does not
attach itself to a property. In other words, it is not a right that can be transferred. Ms.
Hansen said she does not have chickens, but is in favor of having chickens.
Chairman Case asked if anyone that was neutral would like to speak. Paul Meng said he
was against allowing chickens in residential areas. Mr. Meng said the chickens are only
for the benefit of the people that have them. Mr. Meng said that chickens decrease
property value, and that chickens do smell when the areas are not kept clean, and can
spread disease. Mr. Meng said Iona does not have an animal control officer and asked
who would enforce the regulations.
Michael Taylor said chickens kept in confinement can aquire diseases and free range
chickens are safer.
Chairman Case said the City received one letter in favor of the chickens and one letter not
in favor of the chickens. Chairman Case said there were approximately 500 homes in
Iona and the City would like to do what was best for the majority of the community.
Chairman Case agreed that enforcement was a big issue and asked for Chief Basaraba's
input.
Chief Basaraba said he is steadily making progress with many code issues and violations.
The chief agreed that enforcement would be difficult and the county animal control
officer did not cover fulltime in Iona.
Chairman Case asked the audience for suggestions about ways to find out what the
majority of the community wanted.
Mr. Coon suggested a survey with the water bill. Someone suggested going door to door
to solicit opinions. Chairman Case asked if the people in the audience would be willing to
do that. They said they would. Chairman Case said they needed to solicit Iona residents
only, and get one signature per house with a name and address. The group said they
would organize themselves after the meeting.
Chairman Case said that a decision and recommendation would not be made until more
information is gathered.
Public Hearing Closed 7:49 p.m.
4
Appendix B
Public hearing 7:50 Larry and Terry Call conditional use permit.
PRESENT: Chairman Bruce Case, Members; Roy Hobbs, Adrian Beazer, City Clerk
Robyn Keyes, Chief Basaraba
ABSENT: Jared Wight, Brad Bateman
VISITORS: none
Chairman Case welcomed everyone and asked Larry and Terry Call if they were familiar
with public hearing procedures. They said they were.
Chairman Case asked the men to explain their request. Mr. Call said they wanted to
temporarily store vehicles to be taken to the salvage yard, and they wanted to perform
light automobile repair.
Chairman Case asked how many cars they wanted to store and for how long. Mr. Call
said they would store not more than 15 cars at a time for not more than 15 days at a time.
Mr. Call said they had to schedule an appointment to take the vehicles to the salvage
yard, and that it was more cost effective to move them all on the same day.
Chairman Case asked what type of repairs they wanted to do. Mr. Call said they would
only repair automobiles and they would operate between the hours of 9:00 a.m. and 5:00
p.m. Monday through Friday. Mr. Call said they would not store cars outside the shop
and the door to the shop would be closed. Mr. Call said they were environmentally
conscientious and disposed of oil and parts appropriately.
Chairman Case said that one neighbor had sent in a letter in favor of their request. The
neighbor said they kept their property well maintained and were friendly people.
P/Z member Hobbs asked what restrictions the City should put on the permit. Chairman
Case read the restriction listed in the code book for home based businesses, and the Call's
said they would comply with the restrictions. Chairman Case asked if they were willing
to fence in the area. They said they were, and asked to revisit the variance on the fence
they wanted to install last summer. Chairman Case said he would have the Public Works
Supervisor look at the area in question.
P/Z member Hobbs made a motion to approve the conditional use permit with the
conditions that there are no more than 15 cars stored at a time for no longer than 15 days
5
at a time, and they will operate the engine repair from 9:00 a.m. to 5:00 p.m. Monday
through Friday.
P/Z member Beazer seconded the motion.
Hearing Closed 8:20 p.m.
6
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CITY OF IONA
3548 N Main
P.O. Box 487
Iona, Idaho 83427
Business License Application
License Fee (New & Renewal): $50.00
Phone: (208) 523-5600
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NOTICE. OF
PUBLIC HEARING
NOTICE IS HEARBY GIVEN., that
the Iona, City Council will conduct a
public, hearing for the purpose of
consideration`.of allowing backyard '
chickens in residential zones. The,
hearing will be conducted at7:00
p.m. on May,13, 2009 with the Plan -
ping and Zoning Commission;; then
?again at 7:00 p.m. on. May 19,2009.
with the: City Councik Both meetings
will be held at the lona Cornrnunity-
`Center, located: at.3548 North Main
Street, Iona, Idaho. All interested
;pitizens are invited to attend'and
,provide public comment. regarding
;this -issue. - .-
;Dated this 23rd day of April
:Robyn.Keyes -
• CityClerk�
Published: April 29, 2009
To: Iona City Council
We, the undersigned citizens of Iona, believe that chickens belong within the town limits
in residential areas. The Town ordinance should be changed to allow a limited number
(8 or less) of backyard hens for the following reasons:
- - Hens (not roosters) are quieter than dogs or parrots and when well -cared -for as
suburban pets (not as farm animals) they do not cause odors.
-- Chickens produce an incredibly rich garden fertilizer by-product, high in nitrogen,
eliminating the need for petrochemical fertilizers. Reduce/Reuse/Recycle!
- - Chickens eat bugs, including ticks and hobo spiders, reducing our backyard pest
population, and allowing for reduced use of pesticides.
- - Backyard hens provide an educational opportunity to teach children where our food
comes from and demonstrate responsible pet ownership.
- - Fresh, naturally raised eggs have an improved nutrient profile compared to
conventional eggs. Fresh organic eggs are healthier for you and the environment: no fuel
used trucking them to stores!
- - Chickens eat table scrapes, reducing municipal solid waste.
-- A properly cleaned and maintained chicken coop poses no sanitation risks.
- - Backyard chickens lead happy, healthy lives. Kept in attractive garden coops they
won't roam into neighbors' yards (like some dogs and cats do!)
- - Hens should be kept in a completely enclosed pen at all times unless they are in a
securely fenced yard with supervision.
-- Cities all over America allow and even encourage backyard hens. They are fun,
educational, and make good neighbors.
By amending the Town ordinance to allow residents to keep a limited number of hens in
residential zones, the City of Iona will encourage stewardship of the environment and
food production on a household scale.
Sincerely,
The Undersigned
Just a few cities where backyard chickens are allowed (most much larger than Iona)
Bakersfield, CA. Municipal code 6.08.010: Any chickens must be "kept securely
enclosed in a yard or pen at all times."
Berkely, CA. Chickens must be kept penned and 30 ft. away from any bedrooms.
Long Beach, CA. Homeowners are allowed up to 20 hens. No roosters. Must be 20 feet
from a dwelling and confined.
Los Angeles, CA. Unlimited. Chickens may not be within 20 feet of owner's residence,
and must be at least 35 feet from any other dwelling
Petaluma, CA. Up to twenty animals of mixed combination. Chickens must be kept five
feet from a neighbor's fence or property line, and they must be kept 20 ft. from
neighboring dwellings.
Roseville, CA. Maximum 10 chickens kept 20 ft. from any property line &/or building.
They don't delineate hens or roosters.
San Jose, CA. 1-4 chickens must be kept 15 feet from neighboring structures. 4-6
chickens must be kept 20 feet away.
Vallejo, CA. You are allowed to keep up to 25 chickens if they are kept 15 ft. from
neighboring dwellings. Roosters are allowed but subject to noise nuisance violations.
Miami, FL. May have up to 15 hens, no roosters.
Levy County, FL. 10 is the max. number poultry and fowl it appears you can keep in this
city.
Des Moines, IA. Lots smaller than 1 acre, up to 30 birds; lots 1 acre or larger, up to 50
birds. Not allowed in the front yard, and must be at least 25' from neighbors.
Chicago, IL. Can have unlimited number of chickens if use is only for pets or eggs;
cannot have if use is to slaughter. Must be penned.
Chapel Hill, NC. 20 chickens allowed.
Raleigh, NC. No limit on number of chickens kept.
Omaha, NE. May have chickens in city limits as long as they are hens, no roosters, for
egg production. Must have enclosure.
Albuquerque, NM. Zoning allows the raising of unlimited poultry if penned at least 20
feet from neighboring dwellings.
Santa Fe, NM. Unlimited chickens allowed.
Corvallis, OR. Unlimited chickens allowed. No roosters. Chickens must be penned
Milwaukie, OR. Up to 50 chickens, including roosters, except if neighbors complain,
then noise violations will apply.
Nashville, TN. Has an unlimited chicken law assuming "No person shall keep chickens
within the metropolitan government area in such a manner that a nuisance is created" and
are kept penned, no "fowl at large."
Austin, TX. Up to 10 fowl per household, but keep in enclosure that's 50 ft. away from
neighbors.
Round Rock, TX. Up to 5 fowl if your chicken pen is 25 ft. away from neighbor's
residences. If the pen is 50 ft. away, you can have 10 fowl.
Salt Lake City, UT. You can keep up to 25 chickens (no reference to roosters) with a
permit, and the coop must be placed 50 feet from nearby houses.
Vancouver, WA. Chickens are allowed, however roosters and peacocks are not
May 11, 2009
Iona Planning and Zoning Commission
Mayor Brad Andersen
Iona City Council Members
We will be unable to attend the public hearings for the zone changes regarding "allowing chickens in
residential zones". We would like to have our comments in this letter entered into the public hearings for
the Planning and Zoning public hearing as well as the city council public hearing.
We are opposed to the changes to allow chickens in residential zones in the City of Iona.
Areas of primary concern are:
1) We purchased our property and built our home in the City of Iona with expectations of continuity of
zoning. We purchased a lot in an area zoned R-1 with specific zoning prohibition of farm animals and
chickens. The protective covenants of our subdivision as well as the protective covenants of most
subdivisions built within the last fifteen years in the City of Iona also prohibit farm animals and
chickens on city residential lots. The wants of a few people within the City of Iona to have chickens
on city residential lots should not override the rights of the many who have expectations of continuity
to the zoning that was in place when the property was purchased and the homes built. Those that want
chickens should have read the city zoning regulations and subdivision covenants before purchasing
property in the City of Iona.
2) Noise ---chickens are not quiet creatures. The roosters crow at early light and while some may feel that
is a "country atmosphere" it is a nuisance to those in city residential homes that may prefer not to be
awakened early by crowing chickens.
3) Health ---chickens are not the most healthy animal/bird one could want wandering around city
residential lots. While those who propose to have chickens on their city residential property will claim
to keep the birds contained in their yards the birds can easily escape from confined spaces and travel
about the neighborhoods.
4) Financial --those who purport saving money by harboring chickens on city residential lots are kidding
themselves. The cost to house, feed and properly care for chickens will far exceed the minimal cost of
purchasing eggs at the supermarket.
5) Code enforcement for chickens will be an ongoing concern for the city since several people are
currently in violation of the city code today with regard to chickens and have not been cited or directed
to remove the chickens within compliance to the current zoning regulations in effect today.
6) In closing I would like to refer to the Iona Zoning Code, Chapter 4, Single Residential (R-1) Zone
Section 11-4-1:
"Purpose: The purpose of the R-1 residential zone is to preserve residential neighborhoods,
prevent overcrowding of the land and encourage the development of low density areas which are best
suited for residential purposes."
Allowing chickens in the residential zones does not meet the purpose of the Single Family Residential
(R-1) Zone. We urge you to vote no on the change and preserve our residential neighborhoods for the
purpose for which they were designed.
Dave . A. Angie Huntsman
P.O. Box 69
4336 Rushton Circle
Iona Idaho 83427
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THE PLANNING AND ZONING COMMISSION MEETS
THE SECOND WEDNESDAY OF EACH MONTH AT 6:30 P.M.
AT THE COMMUNITY CENTER LOCATED AT 3548 NORTH
MAIN STREET, IONA.
2009 SCHEDULE AS FOLLOWS:
JANUARY
14TH
FEBRUARY
11 TH
MARCH
11 TH
APRIL
8TH
MAY
13 TH
JUNE
10TH
JULY
8TH
AUGUST
12TH
SEPTEMBER
9TH
OCTOBER
14TH
NOVEMBER
4TH
DECEMBER
9TH