PLEASE NOTE SPECIAL START TIME OF 7:30 P.M. 7:30 P.M. REGULAR SESSION CITY COUNCIL CHAMBERS

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1 G AGENDA HIGHLAND CITY COUNCIL MEETING April 5, 2011 Work Session at 5:30 p.m. - Regular Session at 7:30 p.m. Highland City Council Chambers, 5400 West Civic Center Drive, Highland Utah :30 P.M. WORK SESSION CITY COUNCIL CHAMBERS PUBLIC SAFTEY BUDGET 1. Lone Peak Public Safety Budget Presentation Police Department Chief Kip Botkin 2. Lone Peak Public Safety Budget Presentation Fire Department Chief Brad Freeman PLEASE NOTE SPECIAL START TIME OF 7:30 P.M. 7:30 P.M. REGULAR SESSION CITY COUNCIL CHAMBERS CALL TO ORDER Mayor Lynn Ritchie INVOCATION Brian Braithwaite PLEDGE OF ALLEGIANCE Kathryn Schramm APPEARANCES 3. Time has been set aside for the public to express their ideas, concerns, and comments. (Please limit your comments to two minutes each.) CITY COUNCIL/MAYOR ITEMS 4. Time has been set aside for the City Council & Mayor to make comments. (Comments are limited to three minutes each.) MINUTES 5. CITY COUNCIL REGULAR SESSION March 1, CITY COUNCIL REGULAR SESSION March 15, 2011 THE PUBLIC IS INVITED TO PARTICIPATE IN ALL CITY COUNCIL MEETINGS. If you need a special accommodation to participate in the City Council Meetings, please call the City Recorder s Office at least 3 working days prior to the meeting at (801)

2 PUBLIC HEARINGS 7:30 P.M. PUBLIC HEARING 7. ORDINANCE Amending Highland City Development Code Section (7) Keeping of Large Animals to increase the number of large animals from two (2) to three (3) on lots with a minimum area of 30,000 square feet BACKGROUND: (Presentation by Nathan Crane, Community Development Director) When the City was incorporated in 1977 there was no limit to the number of large animals a property owner could have. This was changed in 1981 to allow two large animals per acre. There was also a requirement for a lot to have a minimum of 40,000 square feet. In 1990, the Development Code was changed to the current regulations which are based on total lot size and do not distinguish between areas used for the home or other buildings and areas dedicated to the use of animals. The proposed amendment will allow three large animals to be kept on lots with a minimum area of 30,000 square feet. The Development Code defines a large animal as a cow, horse, sheep or goat. A small animal is defined as a chicken, duck, turkey, rabbit and other animals of similar size. SCHEDULED ITEMS 8. MOTION Amending the Conditions of Approval for the View Pointe Phase 4 Final Plat to remove the requirement that Lot 409 be reserved as an emergency access until a connection is provided from the north. (11277 North Park Drive north east area of Highland near the mouth of the American Fork Canyon) BACKGROUND: (Presentation by Nathan Crane, Community Development Director) The preliminary and final plans of the View Pointe Development were approved in Part of this approval included a stipulation that required Lot 409 to be reserved until Park Drive was extended north to connect to High Bench Road in Alpine. Lot 409 was to be used as an emergency access point from the subdivision through the gravel pit to SR 92 until such time as the access to the north is provided. A gate has been installed to accommodate the access and a note was placed on the final plat. Staff was not able to find an agreement with the gravel pit requiring preservation of the access nor has Staff been able to find an emergency access plan. The surface from the road to the gate is soil. The access roads in the gravel pit area are dirt. It is unlikely that vehicles could successfully access and navigate through the gravel pit property. Mr. Noah Parks, who owns the lot, is requesting that the Council modify the note on the plat removing the requirement that Lot 409 remain unbuildable until access to the north is provided. 9. RESOLUTION Authorizing the Mayor to sign an Agreement with the Highland City Arts Council for development of cultural and arts programs in the City. BACKGROUND: (Presentation by John Park, City Administrator) This agreement will establish the Highland City Arts Council is the provider of cultural arts and programs for Highland City and outline requirements of the Arts Council including providing Highland City a calendar of events and an annual financial accounting reports of activities and statistics. 2

3 COMMUNICATION ITEMS BY MAYOR, CITY COUNCIL & STAFF These items are for information purposes only and do not require action or discussion by the City Council. 10. DISCUSSION Open Space Maintenance Agreements Nathan Crane 11. DISCUSSION Proposed fee changes for the FY2012 Budget ADJOURNMENT CERTIFICATE OF POSTING The undersigned duly appointed recorder recorder does hereby certify that the above agenda notice was posted in three public places within Highland City limits on this 30th day of March, These public places being bulletin boards located inside the City offices and located in the Highland Justice Center, 5400 W. Civic Center Drive, Highland, UT; and the bulletin board located inside Lone Peak Fire Station, Highland, UT. On this 30th day of March, 2011 the above agenda notice was sent by to local newspapers located in Utah County. GINA PETERSON, City Recorder 3

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30 Agenda Item #7 HIGHLAND CITY CITY COUNCIL MEETING APRIL 5, 2011 REQUEST: 7:30 P.M. PUBLIC HEARING ORDINANCE Amending Highland City Development Code Section (7) Keeping of Large Animals to increase the number of large animals from two (2) to three (3) on lots with a minimum area of 30,000 square feet APPLICANT: Planning Commission FISCAL IMPACT: None GENERAL PLAN DESIGNATION N/A BACKGROUND: CURRENT ZONING N/A ACREAGE N/A LOCATION R-1-40 District When the City was incorporated in 1977 there was no limit to the number of large animals a property owner could have. This was changed in 1981 to allow two large animals per acre. There was also a requirement for a lot to have a minimum of 40,000 square feet. In 1990, the Development Code was changed to the current regulations which are based on total lot size and do not distinguish between areas used for the home or other buildings and areas dedicated to the use of animals. SUMMARY OF REQUEST: 1. Large animals are currently permitted in the R-1-40 and R-1-20 Districts as follows: No large animal shall be kept on a lot of less than 30,000 square feet in area. Two (2) large animals may be kept on a lot with a minimum area of 30,000 square feet and four (4) large animals may be kept on a lot with a minimum area of 40,000 square feet. One additional large animal may be kept on a lot for each 10,000 square feet of area of the lot in excess of 40,000 square feet. 2. The proposed amendment will allow three (3) large animals to be kept on lots with a minimum area of 30,000 square feet. 3. The Development Code defines a large animal as a cow, horse, sheep or goat. A small animal is defined as a chicken, duck, turkey, rabbit and other animals of similar size. ANALYSIS: Staff researched the zoning ordinances of Alpine, American Fork, Lehi, and Pleasant Grove. The results are summarized as follows: Alpine allows one (1) horse or cow for every 10,000 square feet with a maximum of five (5) animals.

31 American Fork allows one (1) livestock animal for each 10,000 square feet of area dedicated. Lehi allows two (2) horses per acre. Pleasant Grove requires a minimum of 10,000 square feet of dedicated area per horse with a maximum of two (2) per acre. The opinion regarding the amount of land needed per large animal varies throughout the country. The factors considered include whether or not pastures are used as the main source of food. If the pasture is used as the main source of food, larger amounts of land are needed. If food is provided through a combination of pasture and supplemental feed, smaller amounts of land are needed. Large animals can also live in confined areas where the main source of food is supplemented. The key issue relating to the number of animals is land use compatibility. Often times there are conflicts between rural and suburban uses. This is commonly due to odor, animal waste, the nature of rural uses in general and how the animals are cared for. Compatibility is often addressed by regulating the location of barns and other animal shelters on the property. The Development Code requires that shelters for large animals are required to be setback a minimum of 100 feet from adjacent dwelling units, 75 feet from the owner s home, 10 feet from a side or rear property line, 30 feet from any street, and 10 feet from any trail. The Development Code cannot regulate how animals are kept on site. Although important, health issues are not regulated through zoning regulations. Animal neglect issues are addressed by the Police Department. CITIZEN PARTICIPATION: A petition with 146 signatures in support of the amendment was submitted to the Planning Commission at the February 22, 2011 meeting (Attachment E). One letter in opposition of the amendment was submitted on February 23, 2011 (Attachment F). A notice of the Planning Commission hearing was published in the Daily Herald on March 6, Ten residents spoke in favor of the proposed amendment (Attachment F). A notice of the City Council public hearing was published in the Daily Herald on March 27, No comments have been received to date. PLANNING COMMISSION REVIEW: At the Planning Commission meeting on February 8, 2011 seven (7) residents asked the Commission to consider a change to the R-1-40 District to increase the number of large animals on a 30,000 square foot lot from two to three. The Commission directed staff to bring back the item for discussion (Attachment D). On February 22, 2011, the Planning Commission decided to initiate an amendment to increase the number of large animals from two (2) to three (3) on lots with a minimum 30,000 square feet (Attachment E). Page 2 of 32 City Council Meeting - April 5, 2011

32 The Planning Commission held a public hearing on March 6, 2011 and voted 7-0 to recommend approval of the amendment (Attachment F). RECOMMENDATION: The City Council should conduct a public hearing and determine if: The proposed amendment is consistent with the purpose of the Development Code. The proposed amendment will not adversely affect the community. The proposed amendment will result in compatible land use relationships. The proposed amendment is needed to update the Zoning Ordinance. If the City Council determines that the amendment is in the best interest of the community, the Council should draft findings and recommend approval of the proposed amendment. ATTACHMENTS: Attachment A Ordinance Attachment B Proposed Amendment Attachment C Adjacent City Regulations Attachment D Draft Minutes of the February 8, 2011 Planning Commission Meeting Attachment E Draft Minutes of the February 22, 2011 Planning Commission Meeting Attachment F Draft Minutes of the March 6, 2011 Planning Commission Meeting Attachment F February 22, 2011 Petition of Support Attachment G February 23, 2011 Letter of Opposition Page 3 of 32 City Council Meeting - April 5, 2011

33 ORDINANCE NO ** ATTACHMENT A AN ORDINANCE OF THE HIGHLAND CITY COUNCIL AMENDING THE HIGHLAND CITY DEVELOPMENT CODE SECTION KEEPING OF LARGE ANIMALS TO INCREASE THE NUMBER OF LARGE ANIMLAS FROM TWO (2) TO THREE (3) ON LOTS WITH A MINIMUM AREA OF 30,000 SQUARE FEET AS SHOWN IN FILENAME TA WHEREAS, all due and proper notices of public hearings and public meetings on this Ordinance held before the Highland City Planning Commission (the Commission ) and the Highland City Council (the City Council ) were given in the time, form, substance and manner provided by Utah Code Section 10-9a-205; and WHEREAS, the Commission held a public hearing on this Ordinance on March 6, 2011; and WHEREAS, the City Council held a public hearing on this Ordinance on April 5, NOW, THEREFORE, BE IT ORDAINED BY THE Highland City Council as follows: SECTION 1. That the Highland City Development Code, Section (7) Keeping of Large Animals is hereby amended to read as follows: No large animal shall be kept on a lot of less than 30,000 square feet in area. Three (3) large animals may be kept on a lot with a minimum area of 30,000 square feet and four (4) large animals may be kept on a lot with a minimum area of 40,000 square feet. One additional large animal may be kept on a lot for each 10,000 square feet of area of the lot in excess of 40,000 square feet. No small animal shall be kept on a lot of less than 20,000 square feet. No more than twelve (12) small animals shall be kept per 20,000 square feet of lot area. In determining the number of animals allowed on any lot based on its area, no proration of numbers shall be allowed within the area increments specified in this paragraph. Pigs shall not be kept on any lot. SECTION 2. That the Mayor, the City Administrator, the City Recorder and the City Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose of this Ordinance. SECTION 3. This Ordinance shall take effect immediately upon its first posting or publication. SECTION 4. If any provision of this Ordinance is for any reason held by any court of competent jurisdiction to be unenforceable, such provision or portion hereof shall be deemed separate, distinct, and independent of all other provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Page 4 of 32 City Council Meeting - April 5, 2011

34 PASSED AND ADOPTED by the Highland City Council, April 5, HIGHLAND CITY, UTAH Lynn Ritchie, Mayor ATTEST: Gina Peterson, City Recorder COUNCILMEMBERS VOTING AYE COUNCILMEMBERS VOTING NAY Page 5 of 32 City Council Meeting - April 5, 2011

35 ATTACHMENT B Proposed Amendment Section c No large animal shall be kept on a lot of less than 30,000 square feet in area. Two (2) Three (3) large animals may be kept on a lot with a minimum area of 30,000 square feet and four (4) large animals may be kept on a lot with a minimum area of 40,000 square feet. One additional large animal may be kept on a lot for each 10,000 square feet of area of the lot in excess of 40,000 square feet. No small animal shall be kept on a lot of less than 20,000 square feet. No more than twelve (12) small animals shall be kept per 20,000 square feet of lot area. In determining the number of animals allowed on any lot based on its area, no proration of numbers shall be allowed within the area increments specified in this paragraph. Pigs shall not be kept on any lot. Page 6 of 32 City Council Meeting - April 5, 2011

36 ATTACHMENT C Adjacent City Regulations City Highland Alpine American Fork Lehi Pleasant Grove Regulation Minimum of 30,000 square feet. Two large animals may be kept on a lot with a minimum area of 30,000 square feet and four large animals may be kept on a lot with a minimum area of 40,000 square feet. One additional large animal may be kept on a lot for each 10,000 square feet of area of the lot in excess of 40,000 square feet. Minimum of 10,000 square feet. One horse or cow for every 10,000 square feet with a maximum of five animals. One horse for each 10,000 square feet of Livestock Management Area. Two horses per acre. A minimum of 10,000 square feet of dedicated area is need per animal with a maximum of two per acre. Page 7 of 32 City Council Meeting - April 5, 2011

37 ATTACHMENT D Excerpt of the Draft Minutes of the February 8, 2011 Planning Commission Meeting PRESENT: EXCUSED: Commissioner: Kelly Sobotka Commissioner: Roger Dixon Commissioner: Tim Irwin Commissioner: Abe Day Commissioner: Jay Roundy Alternate Commissioner: Trixie Williams Commissioner: Steve Rock Commissioner: Christopher Kemp A. PUBLIC APPEARANCES Tim Irwin invited comments from the public regarding items not on the agenda. Kymberlee Richins, a resident of Highland since She would like to propose a change to the R-1-40 zone regarding large animals. She would like to change the 30 thousand square foot language from two animals to three animals, leave the 40 thousand square foot with four animals and so on as the acreage accrues as currently stated in the code. Abe Day inquired as to the reasoning behind the proposed change. Kymberlee Richins stated that when she first moved to Highland, she had more horses than what was allowed on her property and so she has been boarding them elsewhere. Having them boarded elsewhere has been a financial burden; this change will allow her to have her animals on her property. She also feels that if the space is well kept with stalls, there is no reason why there cannot be more animals per square foot. David Larsen stated it was his father that originally developed this subdivision in 1974 while it was still under the county. At that time the subdivision had covenants that allowed a maximum of 4 large animals. He feels that this subdivision should be grandfathered in and be allowed what was originally granted. Some of the lots are over an acre and the others are about ¾ of an acre. He feels it limits them and does not allow them to have horses for their kids and as has been stated it is expensive to have them boarded elsewhere. Tim Irwin inquired as to how Kymberlee found out that she was in non compliance to the ordinance. Kymberlee Richins stated that she has had several warnings by the city off a complaint from a neighbor that is not part of this subdivision. David Larsen read from the restrictive covenants of the original subdivision. All livestock are to be properly fenced, housed, sanitary conditions are to be maintained at all times. No condition will be Page 8 of 32 City Council Meeting - April 5, 2011

38 permitted contrary to item ten of this agreement. No pigs will be allowed. A maximum of four animals comprised of any combination of horses, cattle and sheep will be allowed. No animals will be kept for commercial proposed. Dogs and cats may be kept on any lot in reasonable numbers as pets for pleasure and the use of the occupants of said lot, but not for any commercial use or purpose. All other animals will be contained in numbers and to a reasonable amount. Kelly Sobotka asked if Kymberlee was asking for this change specifically for her neighborhood or for the city as a whole. David Larsen stated they are asking for a variance for just their neighborhood to maintain the covenants that it had before the city incorporated. Kymberlee Richins stated that when she approached her neighbors in support of this change she did not know about the covenants and neither did most of her neighbors. Jay Roundy inquired if the number of horses that the county previously allowed had been maintained the entire time in that neighborhood. David Larsen stated that it had been maintained up until four years ago when the city made them remove their horses. Tim Irwin stated that this would require the Planning Commission to review the code and make a recommendation to the City Council for a change. What he would like to know from the commission if there was interest in placing this issue on a future agenda. Trixie Williams stated that it was her understanding there is a large file of information on what went into the decision making process to set that number per acreage and feels it would be important to have access to that information as they review this request. Tim Irwin asked if the applicant would provide the staff with a copy of those CC&R s and direct staff place this on a future agenda. Nathan Crane voiced his preference in bringing this back as a discussion item in order to talk about pro s and con s and stated there are two different directions they could take, 1) bring back as a future discussion item at the next agenda, talk about the item in depth, and Commission give staff some direction as to how they would like the recommendation to the City Council, then it would come back and hold a public hearing at another meeting or 2) they can advertise and have the public hearing and hold the discussion at the same time. Nathan would prefer to have some discussion and direction prior to the public hearing. Tim Irwin stated he would like to see it be placed on the next agenda for discussion and go forward with a public hearing and recommendation after that time. Hearing no further comments Tim Irwin continued with the scheduled agenda items. Page 9 of 32 City Council Meeting - April 5, 2011

39 ATTACHMENT E Excerpt of the Draft Minutes of the February 22, 2011 Planning Commission Meeting PRESENT: EXCUSED: Commissioner: Kelly Sobotka Commissioner: Roger Dixon Commissioner: Tim Irwin Commissioner: Abe Day Commissioner: Jay Roundy Commissioner: Christopher Kemp Alternate Commissioner: Trixie Williams Commissioner: Steve Rock DISCUSSION Proposal to Amend the Highland City Development Code with regard to Animal Regulations in the R-1-40 zone TA (Agenda Item 5) The Highland City Planning Commission is requesting an amendment to Section Keeping of Large Animals to increase the number of large animals from two to three on lots with a minimum area of 30,000 square feet. At the February 8, 2011 Planning Commission meeting some residents asked the Commission to consider a change to the R-1-40 zone to increase the number of large animals on a 30,000 square foot lot from two to three. The Commission directed staff to bring back the item for discussion. Large animal regulations have been changed since the incorporation of the City. When the City was incorporated in 1977 there was no limit to the number of large animals a property owner could have. This was changed in 1981 to allow 2 large animals per acre. There was also a requirement for a lot to have a minimum of 40,000 square feet. The Development Code was changed in 1990 to the current regulations as follows: 8. Keeping of animals subject to the following requirements: (a) All large animals shall be provided shelter or cover. The shelter or cover where animals are normally fed, watered, and corralled shall be at minimum of one hundred (100) feet from any residence, except that it may be a minimum of seventy-five (75) feet from the animal owner s residence. (b) All large animals shall be enclosed in a fence and no part of the enclosure shall be nearer than twenty (20) feet from any residential structure. (c) No large animal shall be kept on a lot of less than 30,000 square feet in area. Two (2) large animals may be kept on a lot with a minimum area of 30,000 square feet and four (4) large animals may be kept on a lot with a minimum area of 40,000 square feet. One additional large animal may be kept on a lot for each 10,000 square feet of area of the lot in excess of 40,000 square feet. No small animal shall be kept on a lot of less than 20,000 square feet. No more than twelve (12) small animals shall be kept per 20,000 square feet of lot area. In determining the number of animals allowed on any lot based on Page 10 of 32 City Council Meeting - April 5, 2011

40 (d) its area, no proration of numbers shall be allowed within the area increments specified in this paragraph. Pigs shall not be kept on any lot. The animal regulations are the same in the R-1-40 and R-1-20 zoning districts. The current regulations are based on total lot size and do not distinguish between areas used of structures and areas dedicated to the use of the animals. Shelters for large animals are required to be setback a minimum of 100 feet from adjacent dwelling units, 75 feet from the owner s home, 10 feet from a side or rear property line, 30 feet from any street, and 10 feet from any trail. The Development Code defines a large animal as: a as a cow, horse, sheep or goat. A small animal is defined as a chicken, duck, turkey, rabbit and other animals of similar size. Development Code amendments are approved by the City Council upon a recommendation from the Planning Commission. The Planning Commission holds a public hearing prior to making a recommendation. A notice of a public hearing is required to be placed in the newspaper a minimum of fourteen days prior to the meeting. If the Commission chooses to proceed with the amendment, staff will advertise for the public hearing. It is anticipated that the public hearing will be held on March 22, A development code amendment is a legislative process. DISCUSSION: 1. Staff researched the zoning ordinances of Alpine, American Fork, Lehi, and Pleasant Grove. The results are summarized as follows: Alpine allows one horse or cow for every 10,000 square feet with a maximum of five animals. American Fork allows one livestock animal for each 10,000 square feet of area dedicated. Lehi allows two horses per acre. Pleasant Grove requires a minimum of 10,000 square feet of dedicated area is need per horse with a maximum of two per acre. 2. The opinion regarding the amount of land needed per large animal varies throughout the country. The factors considered included whether or not pastures are used as the main source of food. If the pasture is used as the main source of food, larger amounts of land are needed. If food is provided through a combination of pasture and supplemental feed, smaller amounts of land are needed. Large animals can also live in confined areas where the main source of food is supplemented. 3. Staff believes the key considerations are: How do we ensure land use compatibility between adjacent properties that do not have large animals and those that do? What is the impact of three large animals versus two large animals on adjacent property owners? 8:10:53 PM Page 11 of 32 City Council Meeting - April 5, 2011

41 Commissioner Irwin reminded the Planning Commission that this is legislative item to hear if the Planning Commission wants to pursue the change and advertise a public hearing. 8:11:08 PM Kymberlee Richins addressed the Commission. She got 146 signatures from various areas, those with and without horses, which support this request. She talked about 40,000 allow 4 horses which is essentially 10,000 square feet per horse. She would like the minimum square footage of 30,000 but would like to have 3 horses with that acreage. She noted that Salem has lots as little as 20,000 which allow 3 horses. She stated this is not a new concept. American Fork required 10,000 square feet per animal, starting at 20,000 square feet. Saratoga Springs is 2 animals per half acre and 4 per acre which is along the same lines of 10,000 square foot per animal. She read a letter from her animal care area which supported the request. 8:16:46 PM Commissioner Roundy asked is any of her neighbors are against her request. Ms. Richins noted that there is one person in her subdivision that has animal rights but does not care for horses. Everyone else is supportive, including many people who have property with backyards adjacent to hers. She indicated that many people have indicated to her they moved to Highland for the rural setting with horses. 8:20:06 PM Commissioner Sobotka indicated if everyone in Highland kept their horses like Ms. Richins this would not be an issue, unfortunately that is not the case. Mr. Richins agreed that the City operates on the complaint basis and the squeaky wheel gets the grease. 8:20:47 PM Commissioner Williams indicated she read the file from when the City made the original decision and she feels the Commission should have that information to understand why they decision was made. Mr. Crane indicated he hasn t found any new research but he would be interested in Commissioner Williams information. 8:22:12 PM Commissioner Day asked if llamas have a special permit because it is not specifically defined. Mr. Crane felt the intent of the code would be observed in that case with the definition of large animals however if the Planning Commission wanted to include those it could be added. Commissioner Williams indicated goats require a lot of space because they will not defecate or eat from any area where they have defecated because of the parasite life cycle. She felt that would justify a goat being considered in the large animal definition because of the amount of space they require. 8:24:42 PM Discussion. Some people can handle more animals by virtue of the way they take care of animals, unfortunately that cannot be handled in the code. Commissioner Irwin do we want to direct staff to make a change in the ordinance? Consensus of the Commission was to proceed with a public hearing at a future meeting. 8:27:48 PM Commissioner Day, also should discuss if 25,000 is enough for 3 horses not just 30,000. Need also to address encroachment issue with smell and flies, etc. Commissioner Irwin, difficult because it goes back to how animals are cared for. Commissioner Williams asked the neighbors complaint about the issue. Ms. Richins indicated they just don t like horses. She also stated this amendment will not make residents put more horses on the property. It s a way to make those that care for their horses to be more compliant. She added her feeling that it should stay at 30,000 and not go lower. Page 12 of 32 City Council Meeting - April 5, 2011

42 Commissioner Irwin summarized that the Commission would like to review the issue based on square footage. A base amount increasing. For every 10,000 with a minimum of 30,000. Commissioner Sobokta indicated should also take into account the amount of usable space on the lot remaining after the footprint of the home. Ms. Richins noted her example was based on the total square footage of the property. Discussion on this issue. Questions back and forth of it is the city s responsibility to dictate animal use on a property. Mr. Crane indicated it is a significant policy issue and would probably create some nonconforming issues if addressed with useable space. Page 13 of 32 City Council Meeting - April 5, 2011

43 ATTACHMENT F Excerpt of the Draft Minutes of the March 6, 2011 Planning Commission Meeting PRESENT: Commissioner: Kelly Sobotka Commissioner: Roger Dixon Commissioner: Tim Irwin Commissioner: Abe Day Commissioner: Jay Roundy Commissioner: Christopher Kemp Commissioner: Steve Rock Alternate Commissioner: Trixie Williams 2. TA The Highland City Planning Commission is requesting an amendment to Section Keeping of Large Animals to increase the number of large animals from two (2) to three (3) on lots with a minimum area of 30,000 square feet. Legislative. Nathan Crane reviewed the proposed amendment stating that residents have asked the commission to consider a change to the R-1-40 district to increase the number of large animals on a 30,000 square foot lot from two to three. Nathan reviewed statistics from neighboring cities stating Alpine requirements are similar; American Fork requires dedicated area for animals; Lehi is two animals per acre and Pleasant Grove is similar to American Fork regulations. Animal health and care is one issue that often comes up. Zoning laws are not designed to address animal health, nor do we have the resources to enforce standards as it relates to the care and keeping of animals. The issue before the Commission is to address land use compatibility. Tim Irwin opened the public hearing. Kymberlee Richins commented on the space for a large animal. She referenced a letter from the Rocky Mountain Large Animal Clinic, that horses in large amounts could be considered safe and humane if they were placed in 12x12 stalls with little turnout. They could actually live there and be ok. This letter had been read at the last commission meeting. She also wanted to thank the commission for their time in hearing this issue. Mike Long stated that he does not have horses but lives next to a gentleman that does. Occasionally he can smell the manure, and has been asked if it bothers him and his answer is no, that s why he moved to Highland. He enjoys the rural character of the community which includes being able to have large animals. Lara Mortensen, a resident of approximately 5 years, stated she choose to live here because of the ability to have animals and the quiet lifestyle. She loves the environment and being able to raise her children around animals. Weston Gleave stated he moved here before Highland was a city. He raises horses; but keeps them on his property in Richfield. When the mares are ready to have their colts he has them on his property here Page 14 of 32 City Council Meeting - April 5, 2011

44 in Highland and would like to have the opportunity to continue what he is doing with his horses and appreciates the Commissions time in hearing this issue. Jamie Brown commented that she has lived here for 31 years and feels that she lives in Highland suburbia. She does not own animals but have neighbors that have had all kinds of animals. She loves that her children had the opportunity to live around animals and horses. She loves where she lives and thinks that s what gives Highland that unique rural atmosphere. Sylvia Fairbanks stated that he has lived in Highland for 30 plus years and moved here because they have horses and love animals. They have tried not to let their animals interfere with their neighbors, and the neighbors watch out for each other and their animals. They have horses, calves, rabbit s chickens, dogs and cats and feel they can have all that and still have a wonderful beautiful city. Its important to her and her family to be able to continue to keep these animals in the area. Willard England commented that he moved here 14 years ago specifically to have horses on his property. He feels it is a great opportunity to live in a community where they can have animals and enjoy them. He thinks that 30,000 square feet for three horses is adequate, appropriate and supports this amendment. He hopes they can continue to have horses and large animals on their property keeping this type of environment for their families and for every one to enjoy. David Larsen stated when highland was first incorporated in 1977, the whole spirit of Highland was acre density and the ability to have livestock. He hopes they don t loose that spirit, things can change but he hopes this is one thing that does not. He doesn t even think that Highland City had and ordinance until A lot of residents that have been here previous to that should be able to continue to have their livestock and enjoy the spirit of the city that they voted for back then. Marc Arnoldson commented he has lived here about 12 years and the reason they moved to Highland was to pursue this type of lifestyle. They have lots of kids at their house that enjoy livestock and they raise and take lambs to the fair every year. He stated he grew up in Orem with a lot of livestock and you don t see that anymore over there. He would suggest looking at the ordinance to consider that sheep and goats be considered something other than a large animal. Dennis Horan moved to Highland almost 40 years ago and feels this is a great place to live. A lot of things have changed over the years regarding animals but the problem they are discussing has always been here. People move in that are not comfortable with the animals and conditions that are there and they want to make changes. He would like to see the regulations written in such a way for those that were here and to inform those that move here of those existing conditions they will be moving into. He realizes it is a dilemma and wished the Commission luck in their efforts. He feels that consideration should be given to the comments received by the animal clinics regarding any number of animals being able to live on any size of lot and be healthy. He hopes the commission would be fair and equitable to those that have been here for years. Hearing no other comments Tim Irwin closed the public hearing and turned the item back to the Planning Commission for further discussion. Kelly Sobotka voiced his concern regarding the definition of small animals. In their packet they are typically stated as farm type animals and is concerned with the definitions not including dogs or cats. Page 15 of 32 City Council Meeting - April 5, 2011

45 Nathan Crane indicated that dogs are addressed separately. This issue was advertised to address large animals and if the Commission would like to address small animals in future they can address it later as a separate issue. Abe Day stated his concern with a comment brought up by a resident of sheep and goats not necessarily being a large animal or a small animal, he feels they do need address a possible medium animal definition in the future. Jay Roundy voiced a concern regarding small versus large animals. He recently spent some time going over some laws that were just approved wherein there was discussion of a provision of service animals which include miniature horses which now have the same standard as service dogs and feels they need to fine tune the ordinance to reflect current changes in the law. He feels that the current ordinance does not include the option of having a miniature service horse and would like to include an exception to those animals provided under the Department of Justice standards. Kelly Sobotka stated he does not know of a better process that has come through the Planning Commission than this issue; where a citizen has come in and asked for a request and that request has gone through the proper process and included citizen comments. He feels Highland is a special place and is unique in the ability to allow residents to have animals. He feels the proposed ordinance could be written in a more simple form by just stating that they are allowed three animals on 30,000 square feet and one per every thousand square feet after that. Roger Dixon commented that the issue regarding goats and sheep and animals that size should be in a different class. He feels there should be three groupings for definition of animals. Nathan Crane indicated that the discussion in past meetings have been regarding large animals, this issue has been advertised for large animals and the resident that are here are here for large animals. He feels in their goal of being transparent in what they are doing the Commission needs to address the large animal ordinance and if they want to change other issues then they need to do that as a separate item on a future agenda. Roger Dixon feels that part of the decision should be to accept large animal proposal and also specify that the Commission intends in the future to review the definition of medium and small animals. MOTION: Abe Day moved the Planning Commission recommend City Council approve the amendment to Section Keeping of Large Animals to increase the number of large animals from two (2) to three (3) on lots with a minimum area of 30,000 square feet. The Planning Commission in the future will continue to look at the definition of large animal to possibly include a category for medium animals. This amendment shall not preclude State or Federal laws regarding service animals. Motion seconded by Roger Dixon. Page 16 of 32 City Council Meeting - April 5, 2011

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62 Agenda Item #8 HIGHLAND CITY CITY COUNCIL MEETING APRIL 5, 2011 REQUEST: MOTION Amending the Conditions of Approval for the View Pointe Phase 4 Final Plat to remove the requirement that Lot 409 be reserved as an emergency access until a connection is provided from the north. APPLICANT: Noah Parks FISCAL IMPACT: N/A GENERAL PLAN DESIGNATION Low Density Residential DISCUSSION: CURRENT ZONE R-1-40 ACREAGE N/A LOCATION North Park Drive - Lot 409 View Pointe Subdivision Phase 4 Section : Streets of the Development Code requires any street over 600 feet to have at least two points of access. In addition, there was a City policy that required two points of access for each subdivision over twenty lots. A development agreement for the View Pointe Subdivision was approved in December of The preliminary and final plans were approved in As part of the View Pointe Development, a stipulation was included that required Lot 409 to be reserved until Park Drive was extended north to connect to High Bench Road in Alpine. Lot 409 was to be used as an emergency access point from the subdivision through the gravel pit to SR 92 until such time as the access to the north is provided. A gate has been installed to accommodate the access and a note was placed on the final plat. Staff was not able to find an agreement with the gravel pit requiring preservation of the access nor has Staff been able to find an emergency access plan. The surface from the road to the gate is soil. The access roads in the gravel pit area are dirt. It is unlikely that vehicles could successfully access and navigate through the gravel pit property. Mr. Noah Parks, who owns the lot, is requesting that the Council modify the note on the plat removing the requirement that Lot 409 remain unbuildable until access to the north is provided. RECOMMENDATION: The City Council conduct a public meeting and determine if the condition should be removed from the plat. ATTACHMENTS: Attachment A View Pointe Subdivision Preliminary Plan Attachment B View Pointe Phase 4 Final Plat Attachment D Aerial 2005 Attachment E Aerial 2010 Attachment F Letter from Noah Park dated March 1, 2011 Page 1 of 7 City Council Meeting April 5, 2011

63 Page 2 of 7 City Council Meeting April 5, 2011

64 ATTACHMENT A Note: Lot 409 to be held in reserve for an emergency egress through Spurlino property until subdivision to the north is developed. Page 3 of 7 City Council Meeting April 5, 2011

65 ATTACHMENT B Note: Lot 409 to be held in reserve as emergency access until Park Drive connects to the north. Page 4 of 7 City Council Meeting April 5, 2011

66 ATTACHMENT C 2005 Aerial Page 5 of 7 City Council Meeting April 5, 2011

67 2010 Aerial ATTACHMENT D Page 6 of 7 City Council Meeting April 5, 2011

68 ATTACHMENT E Page 7 of 7 City Council Meeting April 5, 2011

69 Agenda Item # 9 HIGHLAND CITY CITY COUNCIL MEETING APRIL 5, 2011 REQUEST: RESOLUTION Authorizing the Mayor to sign an Agreement with the Highland City Arts Council. APPLICANT: Highland City FISCAL IMPACT: N/A GENERAL PLAN DESIGNATION N/A BACKGROUND: CURRENT ZONE N/A ACREAGE N/A LOCATION Citywide To establish a mutual cooperative agreement between the Highland City Arts Council and Highland City it is proposed that the entities enter into an Agreement. This agreement establishes the following: 1. The Highland City Arts Council is the provider of cultural arts and programs for Highland City. 2. The Highland City Arts Council will provide Highland City an annual financial accounting report of their activities as well as activity statistics. 3. The Highland City Arts Council will develop and provide an annual calendar of events for the performing arts and humanities and provide this calendar to Highland City. 4. Highland City agrees to consider requests for funding to carry out the Highland City Arts Council s mission. 5. Highland City agrees to let the Highland City Arts Council use office space in City Hall and/or other City buildings as well as copiers, telephones, legal assistance, etc. 6. Highland City agrees to let the Highland Arts Council utilize space on our signage, newsletter, webpage etc. 7. Highland City agrees to let the Highland Arts Council usage of Alpine School District facilities and City building and other properties the same as any other standing committee of the City. PROPOSED MOTION: I move that the City Council by resolution authorize the Mayor to sign the Agreement between Highland City and the Highland City Arts Council establishing a formal relationship between the parties. ATTACHMENTS: Agreement Adopting Resolution Page 1 of 4 City Council Meeting - April 5, 2011

70 Highland City Recorder 5400 West Civic Center Drive Suite 1 Highland Utah, HIGHLAND CITY AGREEMENT This Agreement is executed in duplicate this the day of,, by and between HIGHLAND CITY, a municipal corporation and political subdivision of the State of Utah, with its principal offices located at 5400 West Civic Center Drive Suite 1, Highland, Utah (hereinafter referred to as CITY ) and HIGHLAND CITY ARTS COUNCIL, a Utah nonprofit corporation with its principal offices located at 5400 West Civic Center Drive 1, Highland, Utah (hereinafter referred to as HCAC ). RECITALS WHEREAS, HCAC is a Standing Committee of City as well as a nonprofit, 501(c) 3 corporation which is subject to the same regulatory procedures and laws as a municipal corporation; and WHEREAS, CITY recognizes HCAC as an organization that will continue the development of the cultural and arts programs for CITY and for others as the opportunity arises; and WHEREAS, HCAC and CITY now desire to enter into an Agreement regarding these and other matters. COVENANTS NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants of the parties herein set forth, CITY and HCAC mutually agree as follows: CULTURAL AND ARTS PROGRAMS 1. HCAC agrees to continue the development, administration and presentation of cultural, performing, visual and entertainment arts and humanities programs for CITY in accordance with HCAC and CITY standards and traditions consistent with wholesome family entertainment and HCAC s financial capability to produce them. 2. HCAC agrees to provide City with an annual financial accounting report for all monies received from the city as well as a report of all annual activity statistics. 3. HCAC will develop and provide for CITY and the public, an annual calendar of events for performing arts and humanities programs. 4. CITY will support HCAC in carrying out these programs: Page 2 of 4 City Council Meeting - April 5, 2011

71 a. By considering requests from the HCAC Board for financial help to carry out these functions; and b. By allowing HCAC the use of office space in the building located at 5400 West Civic Center Drive Suite 1, Highland, Utah 84003, the prior city building or other City owned properties and shared use of the office equipment (i.e. copier, telephone and computer and technical assistance as needed, building maintenance, legal assistance), and c. By allowing HCAC time on CITY information line, signage, newsletter and website to promote and publicize the programs that HCAC produces or sponsors, and d. By allowing HCAC usage of the facility inter-local agreement between City and Alpine School District for access of school facilities, and e. By allowing HCAC, the same right to schedule CITY buildings and any amphitheaters where cross-city collaborations exist, as other standing committees of the City. SIGNATURES ENTERED INTO this the day of, HIGHLAND CITY Attest: Lynn V. Ritchie, Gina Peterson, City Recorder HIGHLAND CITY ARTS COUNCIL Attest: Richard Hoffman, Chairman Deanne Dixon, Board Member Page 3 of 4 City Council Meeting - April 5, 2011

72 RESOLUTION NO. R-2011-** A RESOLUTION OF HIGHLAND CITY, UTAH APPROVING AN INTERLOCAL COOPERATIVE AGREEMENT WITH THE HIGHLAND CITY ARTS COUNCIL FOR THE DEVELOPMENT OF CULTURAL AND ARTS PROGRAMS IN HIGHLAND, UTAH WHEREAS, the Highland City Council (the Council ) met in regular session on April 5, 2011, to consider, among other things, approving an interlocal cooperative agreement with the Highland City Arts Council; and WHEREAS, local government entities are authorized by the Utah Local Cooperative Act (UTAH CODE ANN , et seq.) to enter into agreements with each other, upon a resolution to do so by the respective governing bodies, to do what each agency is authorized by law to perform; and WHEREAS, the Arts Council is a Standing Committee of City as well as a nonprofit, 501(c) 3 corporation which is subject to the same regulatory procedures and laws as a municipal corporation; and WHEREAS, the City and the Arts Council desire to continue the development of cultural and arts programs in Highland, Utah; NOW THEREFORE BE IT RESOLVED by the Council that the attached interlocal agreement be approved and that the Mayor and Recorder are hereby authorized and directed to execute and deliver the same. ADOPTED by the City Council of Highland City, Utah, this 5th day of April, HIGHLAND CITY, UTAH ATTEST: Lynn V. Ritchie, Mayor Gina Peterson, City Recorder Page 4 of 4 City Council Meeting - April 5, 2011

73 Agenda Item #10 HIGHLAND CITY CITY COUNCIL MEETING APRIL 5, 2011 REQUEST: DISCUSSION Open Space Maintenance Agreements APPLICANT: N/A FISCAL IMPACT: N/A GENERAL PLAN DESIGNATION N/A CURRENT ZONE N/A ACREAGE N/A LOCATION N/A DISCUSSION: Over the past couple of months, several questions have arisen regarding Open Space Maintenance Agreements. On March 1, 2011 David Abplanalp, approached the City Council and expressed interest in being eligible for an Open Space Maintenance Agreement for some of the open space in the Canterbury Circle Subdivision. Mr. Abplanalp does not live in Canterbury Circle. The current Open Space Agreement does not address whether or not or a resident outside of an open space subdivision can maintain open space. Staff believes that this issue should be discussed by the City Council. One of the requirements of an Open Space Maintenance Agreement is to notify property owners within 250 feet of the property. As a result of this notification, property owners are given a chance to comment on the proposed Open Space Maintenance Agreements. However, this is after the Subdivision Maintenance Plan has been considered by the City Council. In addition, the public notification of Subdivision Maintenance Plans has been inconsistent. For example, in the Wimbleton and Canterbury Circle Subdivisions most of the property owners within the subdivision were contacted by the residents. In the Beacon Hills Plat D Subdivision only those property owners eligible for open space agreements were contacted. It is our understanding that none of the owners outside of the subdivisions were contacted. Ten property owners have applied for Open Space Maintenance Agreements in the Canterbury Circle Subdivision. Several notifications have been sent and some residents outside the open space subdivision have had questions regarding the proposed agreements. This information may be beneficial when a Subdivision Maintenance Plan is considered. RECOMMENDATION: This item is being presented for discussion and direction. The Council should discuss the issue and provide staff with direction. Page 1 of 1 City Council Meeting April 5, 2011