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HomeMy WebLinkAbout20090720 - VI-02 Memo To: Mayor Hicks and City Council Members From: Justin Fortney, Associate Planner Date: July 20, 2009 st Subject1 Reading\Order Public Hearing- : to Amend Ordinance 91.02, 155.07, 155.22, 155.24 & 155.36- Keeping of Chickens REQUEST strd The City Council is asked to consider 1 reading and order a public hearing for August 3 to amend City Code Chapter 91.02 - keeping [Animals] 155.07 - Special Provisions, 155.22 – R-1 Low Density Residence, 155.22 – R-3 Medium High Density Residence, and 155.36 – PI (Public Institutional). The amendment would allow the keeping of chickens in the Public Institutional and some residential districts that have primary uses of museum, school, or single-family detached homes. There would also be restrictions and City Council approval of each application. RECOMMENDATION At the July 13, 2009, Planning Commission meeting, the Planning Commission met on the aforementioned item and voted 5-2 to recommend approval of the attached ordinance amendment. No one spoke against the item at the meeting. Five citizens spoke in favor of the proposed amendment. Many of the citizens who spoke commented that the proposed ordinance is overly strict compared to other cities that allow chickens in residential areas. They noted that most cities only require an administrative permit rather that a license from the City Council. Additionally, they believe that notification of surrounding property owners to the extent of 350 feet is unnecessary given that only adjacent neighbors may notice the chickens (related letter on next page). Attachments ? Proposed Ordinance Amendment ? Letters requesting modifications to allow chickens in nonagricultural zones Letter from citizen 7-16-2009 Please consider removing section 155.07.H.3.a from the proposed ordinance amendment regarding keeping chickens in residential zones. In many, if not most cases, neighbors within 350 feet of a property will never know a resident is keeping hens. The act of alerting them may itself be a catalyst of conflict due to common misconceptions associated with keeping hens. Dogs are far more intrusive in terms of noise, odor and certainly potential danger, yet there are no requirements to notify neighbors when applying for a dog license. Hens on the other hand are small, docile and quiet and require very little space. Simply put, this section of the proposed amendment over-complicates it and creates problems itself. If notification is an absolute must, please consider revising the terms to notify adjacent properties only. Thank you for considering my request. Sincerely, Timothy J. Lowing 1187 Western Ct Hastings BACKGROUND The Dakota County Historical Society made a written request for the City to modify the ordinance to allow them to keep chickens at the LeDuc Mansion. They would like to keep about 12 chickens at the LeDuc during their open season to interpret the agricultural aspect of William G. LeDuc’s life. Additionally, a resident had requested the ordinance be amended to allow chickens in residential areas. Both of the request letters are attached. OTHER COMMUNITIES th Many Cities like Hastings adopted their first zoning codes in the first half of the 20 century and limited traditional farm animals to agricultural districts. In the last decade, many cities have modified their ordinances to allow chickens in nonagricultural districts. This is for a variety of reasons including recent immigration of diverse cultures, increased focus on local organic food, concerns about the treatment of production chickens, as pets, or in the case of the LeDuc, as part of an interpretive museum. Some large cities that allow chickens in all or most zoning districts include: Mobile, AL Atlanta, GA St. Louis, MO Nashville, TN Berkeley, CA Des Moines, IA Raleigh, NC Austin, TX Long Beach, CA. Sioux City, IA. Lincoln, NE Dallas, TX Los Angeles, CA. Boise, ID Omaha, NE Fort Worth, TX Oakland, CA Chicago, IL Albuquerque, NM Houston, TX Sacramento, CA. Indianapolis, IN Santa Fe, NM San Antonio, TX San Jose, CA Topeka, KS Las Vegas, NV Salt Lake City, UT San Francisco, CA Louisville, KY NY, NY. Burlington, VT Denver, CO Boston, MA Eugene, OR Seattle, WA Hartford, CT Baltimore, MD Portland, OR Spokane, WA Miami, FL Ann Arbor, MI Pittsburgh, PA Green Bay, WI Madison, WI Some local cities that allow chickens in all or most zoning district include: Minneapolis Anoka Brainerd Roseville St. Paul Rochester Duluth Burnsville Rosemount Otsego Monticello Fergus Falls The above cities regulate chickens in vastly different ways. Some cities like Roseville, classifies chickens as suburban hobby pets with no regulations. Other cities like Minneapolis allow them with an administrative permit as long as the applicant has at least 80% written approval from neighbors. Notification Owners of and within 350’ of property zoned PI were notified about the proposed amendment. Staff has printed a legal notice in the Hastings Star Gazette, posted the information on the City’s website, made a press release, posted information on the cable channel, made an announcement on KDWA, and posted information on the community billboard. There was also a story written in the Star Gazette concerning the proposed amendment. No comments opposed to the amendment have been received by staff at this time. ORDINANCE NO.______________, THIRD SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA ALLOWING CHICKENS IN PI (PARK INDUSTRIAL) AND SOME RESIDENTIAL ZONING DISTRICTS AND MAKING SPECIAL RESTRICTIONS FOR SUCH. BE IT ORDAINED by the City Council of the City of Hastings as follows: DRAFT § 155.07 SPECIAL PROVISIONS. FIRST READING (H) Keeping of chickens. 7-20-2009 (1)Purpose. The purpose of this division is to provide a means, through the establishment of specific standards and procedures, by which chickens can be kept in areas that are principally not used for agriculture. It is recognized that the keeping of chickens is clearly incidental and subordinate to the primary use and will not be allowed to negatively affect the character, health, safety, or general welfare of the surrounding area. (2)Regulations. The keeping of chickens requires a license to be granted by the City Council. The following conditions are requirements of the license. (a)Allowed in specified zoning districts as an accessory use to a single-family dwelling, school, or museum. (b)No roosters are permitted. (c)Four chickens may be allowed per property and an additional 4 may be allowed for each acre over an acre. (d)Confinement restrictions. Chickens must be kept and confined as follows: 1.Fenced area to keep the chickens contained on the property at all times. 2.Food containers and feeders must not be accessible to rodents and wild birds. 3.Sanitary conditions must be maintained. 4.Fecal mater shall not accumulate in a manner that causes odor. 5.Injury or annoyance to others. No chicken may be kept or raised in a manner as to cause injury or annoyance to persons or other animals on other property in the vicinity by reason of noise, odor, or filth. 6.Impounding chicken. Any chicken at large or in violation of this section may be impounded by the City, and after being impounded for five (5) business days or more without being reclaimed by the owner, may be humanly euthanized or sold without notice. Failure to claim an impounded chicken may result in the revocation of license. A person reclaiming any impounded chicken shall pay the cost of impounding and keeping the same. 7.Covered enclosure (coop) must be provided to protect chickens from the elements and predators. The required enclosure must meet the following requirements: a.All accessory building regulations under section 155.05.D b.Completely covered, secured, and with a solid floor. c.Setback 25 feet from homes on adjoining lots. (3)License. Keeping chickens requires a license to be granted by the City Council. (a)Staff shall notify property owners within 350 feet of the Planning Commission meeting, at which a recommendation will be made to the City Council for granting of the license. Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this code. (b)The license shall not run with the land and shall not be transferable. (c)If the license is approved by the City Council, staff shall inspect the property to determine if all of the provisions of this section are met prior to issuing the license. (d)Licenses shall be issued for a 1 year probationary period from the date of City Council approval. The City Council shall consider issuance of a full license at the end of the probationary period. (e)The City Council may revoke the license if the conditions of this section are not followed or if unresolved nuisances arise. § 155.36 PI PUBLIC INSTITUTION. (B) Uses permitted. (8) Keeping chickens pursuant to 155.07 § 155.22 R-1 LOW DENSITY RESIDENCE. Note (: Modifications to the R-1 district (B) Uses permitted. automatically apply to R-1L and R-2 districts) (2)Keeping chickens pursuant to 155.07 § 155.24 R-3 MEDIUM HIGH DENSITY RESIDENCE. (B) Uses permitted. (6) Keeping chickens pursuant to 155.07 § 91.02 KEEPING. It is unlawful for any person to keep any animal, not in transit, in any part of the city not zoned for agricultural purposes. (A)Exceptions. 1.Chickens (Gallus gallus domesticus) subject to § 155.07. ALL OTHER SECTIONS SHALL REMAIN UNCHANGED rd ADOPTED by the Hastings City Council on this 3 day of August, 2009. _________________________________ Paul J. Hicks, Mayor ATTEST: ______________________________________________ Melanie Mesko Lee, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and rd adopted by the City of Hastings, County of Dakota, Minnesota, on the 3 day of August, 2009, as disclosed by the records of the City of Hastings on file and of record in the office. _____________________________________________ Melanie Mesko Lee, City Clerk ( SEAL) This instrument drafted by: City of Hastings (JJF) 101 4th St. East Hastings, MN 55033 LeDuc Request to allow chickens Chickens at the LeDuc Historic Estate Purpose : The LeDuc family raised chickens on their home farm. In an attempt to interpret the agricultural aspect of William G. LeDuc’s life, the gardeners and staff would like to keep a dozen chickens (hens) through the Summer months. During Summer Camp, students would learn about caring for animals. Visitors throughout the summer would be able to imagine the area around the Carriage Barn as a “farm”. Method : The chickens would be housed in a small confined area on the south side of the Carriage Barn when they were first delivered. The floor in that area will be covered with a sheet of plywood to prevent it from becoming saturated with the chicken droppings. The droppings will be cleaned out and put into a composting area. (Chicken droppings are good composting material.) As they grow they will be moved to the lean-to portion of the Carroll Simmons Shed during the night and will have a fenced in portion of yard to use in that area. Budget : 12 chickens @ $1.60 $ 19.20 Feed approx. $100.00 $119.20 Final Chapter : The chickens would be butchered, cleaned, and cooked for dinner during the Civil War Weekend. This process would be repeated each year if it is successful. Citizen request to allow chickens in residential areas Wednesday, May 27, 2009 Subject: residential chickens I would like the city to look at amending the ordinance to allow chickens/poultry in residential areas of the city. I live on 3rd St. near Tilden and would like to be able to have a few chickens for eggs, meat, and the manure they provide. Larger cities (Madison and Minneapolis, for example) allow this and it could work in Hastings also. Please consider this request. Nancy Moe, 719 Third St. West