Motion as recorded
passed with a unanimous vote.
No roll call was recorded for this motion.
The motion as the minutes record it
Councilmember Burnham moved to approve the consent agenda. Councilmember Wright seconded the motion. Those voting aye: Donna Burnham, Jared Gray, Colby Curtis, Carolyn Love, and Brett Wright. The motion passed with a unanimous vote. SCHEDULED ITEMS 12. ORDINANCES/PUBLIC HEARINGS 12.A. ORDINANCE/PUBLIC HEARING – An Ordinance of Eagle Mountain City, Utah, Amending Eagle Mountain Municipal Code Chapter 6.10 Animal Zoning Regulations. Senior Planner Tayler Jensen reviewed the item as presented during work session. Mayor Pro Tempore Love reviewed what was presented during the work session and recommended tabling the item to allow additional time to address setbacks. Councilmember Gray stated that he would prefer to keep pigs as an allowed use in lots under three acres and adjust the setback standards to accommodate them; the current setbacks are not being adhered to and are not realistic. Building setbacks in other areas in Municipal Code should be retained. Councilmember Curtis expressed concern with setback requirements that prohibit people from fully utilizing their property and said it would be more appropriate for setbacks to be based upon the animal shelter or feeding area. Councilmember Wright said that although he is personally neutral on animal issues, he desires to protect and preserve animal rights, including pigs and buffalo on smaller lots. He feels the setback standards are unclear and confusing and need to be clarified and amended to allow full use of the property to prevent infringing on property rights. He is hopeful that conflicts can be addressed through the nuisance code. Offspring and miniature animal counts and the definition of miniature animals also need to be addressed. He expressed concern in counting miniatures as a half-animal due to the variance in the size of miniature breeds and stated miniatures should be required to be half the size of a regular animal to be counted as half a full-sized animal. Councilmember Burnham agreed with Councilmember Wright. The square footage requirement for animals should be examined as they differ from animal housing recommendations. The standards have always been meant to be cumulative and were addressed with the fencing requirements; however, fencing requirements need to be practical and reasonable. Discussion ensued regarding whether the available fenced area per animal should be changed to the available area per animal. Mayor Pro Tempore Love opened the public hearing at 7:50 p.m. Susan Morandy, David Curneal, Woodruff Berry, Jim Smith, Brent Strong, Kelli Riem, Jody Hooley, Weston Berry, Sam Potter, Rob Pearlson, and Sheldon Wells spoke in favor of protecting residents’ animal rights. Bettina Cameron encouraged the City to research setbacks and animal programs in other cities and to make conditional permits easier to apply for to address unique situations as she feels it is the City’s responsibility to resolve animal issues through clear, enforceable standards when neighbors are unable to resolve conflicts. John Hubbard requested the City address the cumulative impact of animals and setbacks, and to balance residents’ rights through nuisance enforcement. He expressed concern with allowing animals that are not yet weaned to count as half an animal. Erin Wells submitted an email concerning the current setbacks standards with suggestions for potential setback amendments. Mayor Pro Tempore Love closed the public hearing at 8:19 p.m. Mayor Pro Tempore Love recommended tabling the item and assigning two Councilmembers to work with staff to amend the standards. The Councilmembers discussed concerns and determined to consider the following changes and other amendments as deemed appropriate at a future meeting: • Table 6.10.090 - Residential Zone Livestock Requirements to read: o Max number allowed on lots columns: ▪ Column #1 – to allow 2 pigs on 1/2 to .99 acre lots. ▪ Column #2 – to allow 2 buffalo and 4 pigs on lots 1 - 1.99 acre lots. ▪ Column #3 – to remain as represented in the redline presented in the packet. ▪ Column #4 – be adjusted to read 3 acres or more in the header. o Available fenced area per animal column – be amended to replace “s.f.” in the Cattle, Donkey, Llama, Emu/Ostrich, Sheep/Goat, and Pig (all kinds) rows with “s.f. per animal,” with the intention to make further adjustments to the column during the next meeting. o Setback from residence or other periodically inhabited building column – to remain as presented in the packet with the intention for the standards to be amended during the next meeting. o Minimum Lot Size column – the buffalo row amended to one acre and the pigs (all kinds) row amended to ½ acre. • Remove the redline verbiage “including miniature breeds, etc.,” from the asterisk footnote. • Add language that allows for animals that are clearly ½ size or smaller than an average representative of each animal type as determined by a reasonable person to be permitted to count as a ½ animal unit as shown in table 16.10.090, including offspring. • Remove “An animal’s offspring shall not be counted against the maximum number of animals until weaned. Upon completing of weaning an animal’s offspring shall be considered ½ of a unit until they are 1 year old,” from EMMC 16.10.090 Definitions. • Amend the double-asterisk footnote to read “2 Horses/Mules allowed on ½ acre + properties within the Equine Overlay Zone.” • All other redline and numerical changes as recommended by staff.