Planning Commission Minutes 4-12-162016-11-01T09:54:46-06:00

April 12, 2016

Members Present:
Robert Anderson, Chairman
Ben Greener, Commission Member
Arnold Eberhard, Commission Member
Val Bennett, Commission Member
Bret Rohde, City Councilmember
Steve Bench, Zoning Administrator
Cynthia Nelson, Deputy Recorder

Chairman Robert Anderson called the Planning Commission Meeting to order at 5:30 p.m. The meeting was held April 12, 2016 in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Chairman Robert Anderson, Commission Member Ben Greener, Commission Member Arnold Eberhard, Commission Member Val Bennett, City Councilmember Bret Rohde, Zoning Administrator Steve Bench, and Deputy Recorder Cynthia Nelson were in attendance. Commission Members Tom Stoke, Micah Capener, and Troy Forrest were excused. Code Enforcement Officer Greg Horspool was also in attendance.

1. Approval of agenda:

Motion by Commission Member Greener to approve the April 12, 2016 agenda. Motion seconded by Commission Member Eberhard. Vote: Chairman Anderson – aye, Commission Member Greener – aye, Commission Member Eberhard – aye, and Commission Member Bennett – aye. Motion approved.

2. Approval of minutes: March 8, 2016 and March 22, 2016

Motion by Commission Member Greener to approve the March 8th and 22nd minutes. Motion seconded by Commission Member Bennett. Vote: Chairman Anderson – aye, Commission Member Greener – aye, Commission Member Eberhard – aye, and Commission Member Bennett – aye. Motion approved.

3. Public Hearing:

Chairman Anderson opened the public hearing at 5:33 p.m. There were five (5) people in attendance.

a. To receive public input on: 1) amending Chapter 1.16 Overlay Zones – specifically Tremont Center Overlay Zone, amending parking areas, multi-family attached dwellings; 2) consider amending appropriate chapters of the Zoning Ordinance allowing miniature goats as household pets in Residential Zoning Districts and Residential Areas in Commercial Zoning Districts.

1) Zoning Administrator Bench stated that the multi-family use table talks about dwellings. This is the overlay for Tremont Center. North of ShopKo will be multi-family housing. It will not allow single or twin homes but will have multi-family stacked or multi-story. The code did not have multi-family attached or side by side such as a duplex or four-plex. The developer wants more option. The apartments will be more up scale and include a club house, etc.

The idea for the businesses in Tremont Center on Main Street to actually be on Main Street and have nice sidewalks to be pedestrian friendly. UDOT wants an additional fourteen (14) feet for their right of way and the canal cannot be built on or have big trees above it. There can be a sidewalk over the canal and plantings. Because of the additional setbacks, parking became an issue and some of the businesses on Main Street will have parking right off Main Street with additional parking on the side and around the back of the building.

The original wording said the site area between curb and parking areas setbacks shall be designed for pedestrian use. The development shall sponsor sidewalks, street lighting, landscaping, outdoor seating, and entry plaza between property line and building line. In no case shall this space be used for parking. Pedestrian uses and amenities shall be approved through a site plan process. Zoning Administrator Bench said some have been approved with parking in front. It still looks good and will have trees and an eight (8) foot sidewalk with curb and gutter with plantings between the curb and gutter and after the sidewalk. There will also be islands with trees and plantings.

There will not be any parking on Main Street. UDOT wants the extra fourteen (14) feet for a break down lane. It will be posted decoratively that there is no parking on Main Street. The changes that were made include: the site area between curb and parking area, with setbacks removed, and shall be designed for pedestrian use. The development shall limit parking and sponsor sidewalks, street lighting, etc. Zoning Administrator Bench removed the wording that said in no case shall this space be used for parking. An additional line was added stating parking and pedestrian uses and amenities shall be approved through the site plan approval process. This will allow parking but limit it.

Commission Member Greener asked if each business will have the appropriate amount of parking spots. Zoning Administrator Bench noted the uses for the buildings regulate how much parking is required. General retail requires one parking space per 300 square feet of floor area. AutoZone will have the required parking in front and some up the side by 400 West. The blocked garbage will be in back of the store. The front of AutoZone is facing south and will be located in the southeast corner or Tremont Center.

Dollar Tree will be next to AutoZone and the entrance will be on the North. The side of the building by Main Street will look like an entry. Most of their parking will be on the north side. The first drive will line up with Top Lube and the main drive will be across from 650 West.

Councilmember Rohde hoped Main Street would look like the shops at Riverwood in Logan and have no parking up front. Zoning Administrator said that was the intent but there were complications that brought changes. It may not look as nice as it could but it will still look nice. Commission Member Bennett would like to see a drawing and see where everything will sit at Tremont Center and the direction they are oriented. Zoning Administrator Bench will email what he has but noted it changes. The amount of buildings will remain the same but they will be oriented differently.

Councilmember Rohde expressed concern about having the look that was hoped for. Zoning Administrator Bench said AutoZone has been required extra they don’t normally do, the same as with ShopKo. The City required the parking islands and canopy/awning with metal material instead of tin. The front and back of the buildings will both look good. AutoZone will look different than other AutoZone’s because of the design guidelines from the City.

2) Gary Noble said the goat in question is a miniature fainting goats. Commission Member Greener asked how you can tell they are miniature. His father had small goats that jumped on peoples cars, escaped, and they were noisy. Mr. Noble said miniature goats do not get bigger than labs. Their goat could jump on the table. Commission Member Greener said he has never seen a goat stay in an enclosure. Commission Member Eberhard asked if the goats will be bred. Kristi Noble said the goat will not be bred it is a pet.

Ms. Noble noted there are different types of miniature goats such as the pygmy, silky, and dwarf. The Commission asked Code Enforcement Officer Horspool how to distinguish between miniature goats and other goats. Code Enforcement Officer Horspool said there is no standard for size and weights of miniature goats. The chapter would need to be passed on size instead of a breed. The information before the Commission is a beginning point. There should be a reference to lot size, number of animals, bread specific, and something regarding no breeding and more added.

Code Enforcement Officer has more information coming from other cities showing where they’ve changed the size of the goats. Commission Member Greener noted his dad’s goats were very good jumpers. Mr. Noble said dogs and cats can get out of enclosures too. Commission Member Eberhard said he gets woken up every morning from crowing, he has cats, dogs, and horses that have been on his lawn. On the internet, there is a picture of a goat in a Starbucks. Commission Member Eberhard would not want a goat in his yard. Commission Member Greener noted that goats can jump on cars and dent them. His dad’s goats were smaller than the table but they would jump on cars.

Ms. Noble said the goat would not run free. The Commission noted that animals do get out sometimes. Ms. Noble said she has to clean up from dogs that get on her property and listen to neighborhood dogs barking. Her fourteen year old son raised this goat for 4-H and put it in the fair. A fourteen year old could be doing so many worse things. He has a passion for animals. Tremonton is an agricultural community. Commission Member Greener said they raised sheep and pigs for their kids but borrowed property from a friend outside of town.

Ms. Noble went to most of her neighbors and asked their concerns. She has 120 signatures so far. She stopped gathering signatures as her mother has been ill. If her neighbors had concerns she would not want to bring it into the neighborhood. The goat they had was small and friendly. San Diego and Seattle allow miniature goats as pets. Commission Member Bennett researched and would like to see what their experience has been so far in regards to the miniature goats. They had a maximum weight of 100 pounds. Ms. Noble noted that is a big goat. The size she is talking about is between 35-65 pounds. Code Enforcement Officer Horspool would like to see the maximum at 35 pounds.

Ms. Noble said they don’t generate the noise like dogs do. The Commission said they can bleat and make noise. Commission Member Bennett said they are not any noisier than a dog. Code Enforcement Officer Horspool said there are people in Utah that allow goats in their homes. Ms. Noble said people have potbelly pigs as pets. Commission Member Eberhard is concerned what goats would do to property value.

Mr. Noble said the City allows two dogs so why not two goats or one dog and one goat. It is just a pet. It is not being raised for food. Code Enforcement Officer Horspool would like to meet with the Nobles after the meeting but he would like to table the item for a little while. He will provide information on how the different cities have fared and definitions on size.

Councilmember Rohde does not want a repeat of the ordinance regarding chickens. Code Enforcement Officer Horspool noted the City does not allow potbelly pigs and is asked monthly why they are not allowed. There are now miniature sheep people want as pets. Where does it stop? Councilmember Rohde asked if the ordinance can include any animal that is under a certain weight and meets certain safety conditions that would include a pig, sheet, goat, etc. It would cover more area so it does not continue coming back.

Code Enforcement Officer Horspool was in a conference call with other cities and they are changing the code to allow a certain number of animals instead of breeds. People can have a certain number of lizards, and number of snakes, etc. Animals that are normally outside can be brought inside. Some communities separate the number of animals that can be kept inside and the number of animals that can be outside. The cities are looking are looking at limiting the total number of animals per property size.

Ms. Noble asked Mayor Fridal if they could have a goat before they got it and he said yes it is considered a pet. They have one dog and one goat. Mr. Noble said Mayor Fridal was not sure about the guidelines and did not know it was considered livestock. Commission Member Greener would like an ordinance that protects the neighbor and gives someone freedom.

Greg Madsen stated that as a neighbor’s perspective, most are behind the Nobles. He hasn’t heard a single person that has been negative about the goat. He enjoys the Commission looking out for people and does not want a menagerie of animals. The Nobles have a pet goat that is an enjoyment level and not for breeding. The neighborhood would like to see a way for the Nobles to have their goat. Mr. Madsen has two dogs and two cats and his German Shepherd makes more noise than their goat ever did. The Nobles son has cages and kennels and the goat does not run crazy.

Commission Member Bennett said the codes he read to do not allow for any type of livestock purposes such as the fair. Code Enforcement Officer Horspool said that Cottonwood Heights code states goats cannot be used for 4-H, the fair, or a livestock show. Ms. Noble does not want a herd of goats. They live in a nice neighborhood and would like to keep it nice, clean, and respectful. Commission Member Bennett said that because goats do not eat meat, their droppings do not smell as bad. Ms. Noble said that if people have male goats they should be weathered and dehorned. Code Enforcement Officer Horspool said shot history would be required just like for dogs. The Nobles have done everything effectively that you would like an owner of goats to do. Commission Member Greener said all those items need to be included in the ordinance.

Code Enforcement Officer Horspool worries about what this ordinance will start. People may want to have pigs, ducks, swans, etc. We don’t want a repeat of the chicken ordinance. The City allows chickens. Zoning Administrator Bench stated we are the only City that does not license chickens. Roosters and crowing hens are not allowed. Commission Member Eberhard said there are crowing hens next door to him. Commission Member Greener asked where the wages for enforcement of animal control ordinances come from. Code Enforcement Officer Horspool said he and the other officers enforce the code. Fees for dogs running at large and licensing come from the fees charged to owners and everything else comes from the General Fund from the City.

When the chicken ordinance was passed, there was a fee associated with it originally but it was removed. If the City has a permit on file with addresses, he can return chickens that get loose. Commission Member Greener said it is not fair for all residents to pay for enforcement and maintenance of animal control.

Code Enforcement Officer Horspool said the Animal Control Building can facilitate any kind of fowl for a short period of time but it is not set up for goats. When goats have come in over the years, they had to be put in the back in the implement yard. One goat that came in was staked out and ate along fence lines. Perry City had a discussion several years ago and required cats to be licensed which brought revenue and helped Code Enforcement Officers identify who the animals belonged to. Mr. Noble recognizes there needs to be stipulations regarding the licensing so the City can keep tabs. If a goat jumps on a vehicle someone needs to pay for it. Cats and other animals can get on vehicles. Mr. Noble has a neighbor with chickens and so does he.

Commission Member Bennett asked how many people have chickens. Code Enforcement Officer Horspool stated there is a concern about how many people are raising fighting cocks or the breeds used in fights. For it to be a felony, you must be in the presence and the second offense. A farmer outside of town was raising the kind of chickens used in the fights then shipping them to Mexico. Having eggs is not a cheap way to get eggs. When an egg is laid on the ground, it can pick up all sorts of things. The number of people with chickens has tripled. The concern from the Commission with passing an ordinance allowing goats is that many people will rush out and get a goat without knowing what they need to about goats.

Zoning Administrator Bench notes that some people that invested money in a coop and chickens have since abandoned the idea. Commission Member Greener would like the ordinance to include regulations for the size of cage required, shots, and registration so only those that are willing to take care of the goat will apply. Commission Member Bennett likes Councilmember Rohde’s suggestion of a total number of animals.

Mr. Noble commented they have other people’s animals on their property at times. It happens when you live in a subdivision. Ms. Noble stated they built on two lots so they have more room. She asked how the zoning is determined for livestock. Code Enforcement Officer Horspool explained that when property is purchased with animal rights and they do not utilize them, they loose them. Some property is grandfathered in and homes build around them. Councilmember Rohde noted that when Lyle Holmgren applied for the subdivision it was zoned without animal rights. When it was subdivided it was rezoned.

Zoning Administrator Bench said it sounds like the item needs to be tabled and have some for discussion and research. He recommended that Councilmember Rohde inform the Council that goats are being discussed. The best way to handle goats would be to have a limit on size and number. It may not be fair to include lot size. It would be best to include all small animals except exotic animals. The Commission would like a fee associated with licensing. Zoning Administrator Bench does not see a problem with the animals being in the fair but they won’t be auctioned off as they are a pet.

Code Enforcement Officer Horspool said that if a goat came into the shelter, it could not just be adopted. There are guidelines through the State that must be followed and according to the State a goat is livestock. Zoning Administrator Bench said they will work on putting something together but it may not be ready for the next Planning Commission meeting in two weeks. Councilmember Rohde would like the safety of animals considered when writing the ordinance. The City would not want to have pets such as raccoons.

Chairman Anderson closed the public hearing at 6:32 p.m.

4. New Business:

a. Discussion, approval, and recommendation to the City Council of proposed 1) amending Chapter 1.16 Overlay Zones – specifically Tremont Center Overlay Zone, amending parking areas, multi-family attached dwellings; 2) consider amending appropriate chapters of the Zoning Ordinance allowing miniature goats as household pets in Residential Zoning Districts and Residential Areas in Commercial Zoning Districts.

Zoning Administrator Bench noted the new dwellings will look better than what is there now. There will be additional amenities such as a club house and potentially a swimming pool, tennis court or basketball court. This will allow for a three story 24 unit buildings or a couple hundred units. The rental percentage is currently at 26%. Councilmember Rohde wondered what the rental percentage is in Logan. There are apartments all over. Commission Member Greener noted they are a college town and not comparable.

Zoning Administrator Bench heard years ago from expert planners that the ideal number for rentals versus ownership is 25%. Commission Member Bennett asked if the City currently has three story units. Zoning Administrator Bench said there are not. The complex by McDonald’s is two stories with a unit on bottom and a unit on top. The back part to the west of Tremont Center could change and become more retail.

Commission Member Greener is concerned with having so many rentals. Zoning Administrator Bench said the idea is to have retail that is walkable for the rentals. Commission Member Greener said rentals bring lower income people who are not committed to the community. They generally bring more problems for police officers and the community. Commission Member Bennett asked if the fact they are more upscale will help eliminate the problems. Commission Member Greener said it helps. It is nice to have apartments for people to start families as a stepping stone. When rentals are at 30-35%, there is always a moving population.

Zoning Administrator Bench commented that the units will have onsite management. Commission Member Greener said there needs to be a balance. The 25% is a little high. Zoning Administrator said there is not a site plan. Chairman Anderson said it was presented as a thirty (30) year plan. Zoning Administrator Bench said it has been going faster than anticipated.

Motion by Commission Member Greener to approve the 1.16 Overlay Zoning. Chairman Anderson said it will be sent to the City Council for approval. Zoning Administrator Bench stated there are two separate items #1 for the parking and multi-family and #2 for the goats. Commission Member Greener continued his motion to table the goat issue until we have more details, more rules. Commission Member Bennett seconded the motion. Vote: Chairman Anderson – aye, Commission Member Greener – aye, Commission Member Eberhard – aye, and Commission Member Bennett – aye. Motion approved.

5. Adjournment

The Commission adjourned the meeting by consensus of the Board. The meeting adjourned at 6:43 p.m.

The undersigned duly acting and appointed Recorder for Tremonton City Corporation hereby certifies that the foregoing is a true and correct copy of the minutes of the Planning Commission held on the above referenced date. Minutes were prepared by Cynthia Nelson.

Dated this _____day of ___________, 2016.

*Utah Code 52-4-202, (6) allows for a topic to be raised by the public and discussed by the public body even though it was not included in the agenda or advance public notice given; however, no final action will be taken.