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