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HomeMy WebLinkAbout2000-03-15 Council Minutes - Joint Work Session with Planning & Zoning CommissionKENAI CITY COUNCIL PLANNING & ZONING COMMISSION JOINT WORK SESSION MARCH 15,2000 6:00 P.M. KENAI COUNCIL CHAMBERS Council present: Bookey, Swarner, Frazer, Porter, Moore, Williams and Bannock Commission present: Jackman, Gough, Bryson, Goecke, Nord, Glick and Erwin Staff present: Freas, Godek, La Shot, Ross, Graves, Cronkhite, Springer and Kebschull It was explained, the work session was requested by the Planning &, Zoning Commission and that Commissioner Goecke initiated the process to include a livestock ordinance in the Kenai Municipal Code because he believed livestock, as defined by the draft ordinance, didn't belong in the city limits because of odor, noise, size, space available to house, etc. Goecke stated he was aware Animal Control already attended to these matters, but was not sure the type of control they could offer was what was needed. He suggested no livestock be allowed in the city limits on owned or leased property of less than three acres. Discussion continued and included the following points: • Commissioner Nord believed the livestock ordinance was necessary and that livestock should not be allowed on small lots. She suggested fowl be added to the definition and the limit be one -acre properties instead of three acres. • Commissioner Jackman suggested the ordinance allow a temporary permit process for 4-H, FFA projects, etc. • Commissioner Gough stated his objection to the three -acre restriction and suggested restrictions on livestock should be controlled by subdivision covenants. He was aware current problems with livestock were handled by Animal Control, but, if the ordinance went forward, the restriction should be for smaller lots. • Commissioner Bryson explained the discussion originated when poultry was addressed in a conditional use permit situation and then progressed to livestock. He noted, the draft ordinance did not address poultry, but created a huge lot size requirement. He noted areas of the city where zones were created to protect quasi - rural lifestyles and that the three -acre requirement would impact the whole inhabited city. He felt the lot size was excessive. • Glick noted the Commission felt they should discuss the ordinance with council prior to proceeding further and there was not a lot of agreement with the commissioners. • Animal Control Officer Godek stated he has had complaints on livestock on both small and larger lots. He has a means to address and rectify noise, care and keep, odor, etc. and suggested that if an ordinance was needed it would be to restrict livestock from small lots and zero lot line properties. He added, deciding on what size lot should be restricted was the problem and that a one-half acre lot would be sufficient to accommodate a horse. He noted, most of the complaints on livestock received had been from people living in larger subdivisions. He also noted, the main complaints received were those regarding restraint, care and keep, etc. which the code addressed. What he was unable to control was the irritation on neighbors. • Red McCollum stated he thought the city was not ready for a livestock ordinance and that a three -acre lot size was too restrictive as there was too much vacant land in the area. • Debbie Sonberg agreed with Bryson. • Commissioner Erwin stated he agreed with McCollum and added, he was not in favor of large animals being allowed in subdivisions with small lots and believed the code already addressed livestock concerns. Bryson reviewed lots sizes in four large subdivisions of the city and noted, the average lot size overall was 11,200 square feet, which was well below the three -acre suggested restriction. The difficulty of defining livestock versus domestic animals was noted as well as the enforcement of covenants being the responsibility of individual subdivision homeowner associations. Council Comments included: • Frazer believed a livestock ordinance should be put in place prior to having problems and understood the people currently having livestock would be grandfathered in. • Porter agreed with Frazer and added, the three -acre restriction might be too large, however, she was in favor of protecting the subdivisions that were most congested. • Williams noted that if an ordinance was developed, it would be more work for Animal Control and more costly to the city. He also noted problems might arise in deciding how many animals would be allowed on lots and suggested it might be better to compromise on land size. • Bookey stated he believed a livestock ordinance needed to be considered, but the three -acre restriction was too large. He noted, the ordinance would impact a lot of people who took good care of their animals and suggested the ordinance go forward, and suggested a 30,000 to 35,000 square foot lot requirement. He also requested the ordinance include chickens, turkeys, rabbits, ducks, geese, etc. and suggested the definition should be for "farm" animals. • Swarner questioned how permits would be administered for 4-H, FFA, etc. projects -- whether the permits would be for a year; whether a permit would be approved only if children were involved with the animal; the size of the animals allowed, etc. • Bannock stated he believed the enforcement of the ordinance or rules for enforcement of the ordinance should be addressed and suggested defining problems and give the authority to Animal Control to address the problems. • Frazer suggested other areas of the United States probably had livestock ordinances in place and could be reviewed and incorporated into Kenai's code. • Erwin suggested there be a lot size restriction to the lot size for larger animals (3/4 acre) and a different lot size restriction for smaller animals (which would take care of 4-H, FFA project concerns) . Williams summarized from the discussion that council wanted the issue to move forward with a more defined ordinance (addressing the lot size requirements, the definition of livestock, number of livestock allowed, etc.) and directed City Attorney Graves to review livestock ordinances in communities with populations of 10,000 or less, paying attention to the size of lots. It was also noted council desired more representation of the community during the public hearing processes. The work session ended at 7:02 p.m. Carol L. Freas, City Clerk