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HomeMy Public PortalAboutMinutes_Planning & Zoning Meeting_07082009PLANNING AND ZONING COMMISSION MEETING AND PUBLIC HEARING JULY 8, 2009 6:30 P.M. AT THE COMMUNITY CENTER PRESENT: Chairman Bruce Case, Members; Roy Hobbs, Adrian Beazer, Lance Ellis, Jared Wight, City Clerk Robyn Keyes. VISITORS: Michael Taylor, Misty Taylor, Russell Schulmire. PZ Chairman Case welcomed everyone and led the Pledge of Allegiance. Minutes. The minutes were reviewed. PZ member Hobbs made a motion to approve the minutes. PZ member Ellis seconded the motion. All were in favor. Motion carried. Minutes approved. Previous Items of Business. Chairman Case reminded the Commission that he was retiring from his seat with Planning and Zoning and suggested that the members elect a new chair. After a brief discussion, the Commission decided upon P/Z member Beazer for the new Chairman. P/Z member Wight made a motion to approve P/Z member Beazer as the new Chairman. P/Z member Hobbs seconded the motion. Roll call as follows: All were in favor, motion carried. P/Z member Beazer approved as new Chairman. Items of Business. Chairman Beazer and P/Z member Hobbs agreed the Bonneville County ordinance for windmills was an appropriate model ordinance for the City. P/Z member Case asked about lot size, height, and setback requirements. Chairman Beazer said the County had a 60' height limit, and the setback requirements were such that if the tower fell, it must stay within the owner's property and not cross the property line. P/Z member Ellis recommended a minimum of 1/3 of an acre. The Commission members agreed the county ordinance was an appropriate model ordinance. Chairman Beazer and P/Z member Hobbs said they would have a proposal drafted by the next Planning and Zoning meeting in August. Public Hearing 7:00 p.m. Chickens. See appendix A Reports. Clerk Keyes asked about the use of metal box cars as sheds. P/Z Case said that was an issue for City Council. No further reports. P/Z member Ellis made a motion to adjourn. Chairman Beazer seconded the motion. All were in favor. Adjourned 8 : 1 0 1 PUBLIC HEARING JULY 8, 2009 AT 7:00 P.M. BACKYARD CHICKENS PRESENT: Chairman Adrian Beazer, Members; Roy Hobbs, Bruce Case, Lance Ellis, Jared Wight, City Clerk Robyn Keyes. VISITORS: Michael Taylor, Misty Taylor, Russell Schulmire, Stacy Cutts, Jeremy Cutts. PZ member Case welcomed everyone and explained that chickens were not allowed in residential zones within the City, and the hearing was to hear public comments regarding the possibility of allowing chickens within the residential zones of the City. P/Z member Case opened comment to the public. Michael Taylor said he was in favor of having chickens, and recommended including a nuisance clause in the ordinance, and require a permit for regulation purposes. Mr. Taylor said he had chickens and invited the Commission members to visit his property to observe how he kept his chickens. P/Z member Case asked Mr. Taylor what he recommended for a minimum lot size. Mr. Taylor suggested nothing smaller than '/4 acre. Chairman Beazer asked what Mr. Taylor did with the waste from the chickens. Mr. Taylor said he had a compost bin that he added the waste to. P/Z member Case read the results from the survey. Of approximately 570 homes within the City limits, only 63 people replied to the survey. Of those replies, 46 people said they did want chickens, most added with restrictions, and 17 people said they did not want chickens. P/Z member Case said that was a very small percentage of the homes in the City that replied. Mr. Cutts said everyone had been given many opportunities to voice their opinion. P/Z member Case agreed and said there had been two public hearings already along with the survey request. Mr. Cuts asked if the City would consider rezoning the lots that had more acreage. P/Z member Case said if Mr. Cutts wanted his property rezoning he would have to fill out an application with the City and have a public hearing. Chairman Beazer asked Mr. Taylor how many chickens he had. Mr. Taylor said he had 7, and recommended restricting the numbers of chickens allowed. P/Z member Case asked Mr. Taylor if he thought the amount of chickens allowed should be in proportion to the size of lot a person had. Mr. Taylor agreed it should. P/Z member Case asked the public if the ordinance should include frying hens. Mr. Taylor suggested limiting the ordinance to laying hens only and no roosters. 2 P/Z member Case asked the Commission members for their input. P/Z member Ellis suggested requiring at least 1/4 acre of land, and requiring a permit to obtain chickens. Mr. Cutts asked who would be responsible for controlling the animals. P/Z member Case said the County Animal Control would be responsible. Chairman Beazer commented that if the City issued permits for the Chickens, then the City would then be responsible for regulating the requirements set forth in the permit. P/Z member Case suggested having a public hearing for each permit much like the procedure for a conditional use permit. P/Z member Wight asked what the purpose of a permit with a public hearing would be, and asked why the City did not just change the ordinance. P/Z member Case suggested that if the ordinance was simply changed, then it would be difficult to know who had chickens and who did not making enforcement of the regulations difficult. P/Z member Ellis suggested giving the land owner a warning if they violated the regulations once, and if they violated the regulations again, they would receive a fine. P/Z member Ellis said a fine would be appropriate for people that had willfully disobeyed the City Ordinance. Mr. Taylor said he was willing to pay for a permit. P/Z member Ellis said he would draft a proposed recommended ordinance, and permit for the Council to review. P/Z member Ellis said he would send copies of the proposal to each Commission member for approval prior to the City Council public hearing. The Commission members agreed. P/Z Chairman Beazer made a motion to recommend to the City Council a proposed ordinance change allowing chickens. The proposal would outline the restrictions and the permit process. P/Z member Hobbs seconded the motion. All were in favor. Motion carried. Public hearing closed 7:50 p.m. 3 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 at 7:00 p.m. on July 8, 2009 with the Planning and Zoning Commission, then again at 7:00 p.m. on July 21, 2009 with the City Council. Both meetings will be held at the Iona Community Center, located at 3 548 North Main Street, Iona, Idaho. All interested citizens are invited to attend and provide public comment regarding this issue. -Y�de, Robyn'Keyes City Clerk Dated this 2nd day of July NOTICE A PLANNING AND ZONING MEETING WILL BE HELD 6:30 P.M. DULY 8, 2009AT THE IONA COMMUNITY CENTER 3548 N MAIN ST. IONA, ID. Agenda: 1. Welcome 2. Pledge of Allegiance 3. Minutes Approved 4. Recognize Citizens from the Floor 5. Public Hearing Backyard Chickens 7:00 P.M. 6. Windmill Ordinance Draft 7. Reports 8. Adjourn Robyn KOes City Clerk 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 at 7:00 p.m. on July 8, 2009 with the Planning and Zoning Commission, then again at 7:00 p.m. on July 21, 2009 with the City Council. Both meetings will be held at the Iona Community Center, located at 3 548 North Main Street, Iona, Idaho. All interested citizens are invited to attend and provide public comment regarding this issue. Robyn Keyes City Clerk 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' H MARCH 11 TH APRIL 8TH MAY 13 TH JUNE 10TH JULY 8TH AUGUST 12TH SEPTEMBER 9TH OCTOBER 14TH NOVEMBER 4'H DECEMBER 9'1 H Chicken Survey Results We have approximately 570 homes within the City limits of Iona. We allowed one vote per home. Yes 46 ( many said with restrictions) No 17 Approximately 507 people did not reply .(1,11Q-i' tIn rr r jl ll t(jC,"'S. - 110&-S �; G- akiCkr-e- 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. Regards, •ti"�-t.---J Dave aQ Angie Huntsman P.O. Box 69 4336 Rushton Circle Iona Idaho 83427 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 AGENDA PLANNING AND ZONING JULY 8, 2009 AT 6:30 p.m. 1. Welcome 2. Pledge of Allegiance 3. Minutes Approved 4. Recognize Citizens from the Floor 5. Items of Business A. PUBLIC HEARING BACKYARD CHICKENS 7:00 P.M. B. Windmill ordinance draft 6. Reports Motion to Adjourn 1. Commission members, Commission Chair, Clerk 2. Other business m 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 14114 FEBRUARY 11'rH MARCH 11'' H APRIL 8'1'H MAY 13TH JUNE JULY 8TH AUGUST 12Th SEPTEMBER 91'H OCTOBER 141H NOVEMBER 4'1'H DECEMBER 91'H