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HomeMy WebLinkAboutOrdinance No. 3332-2023 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: January 23, 2023 SUBJECT: Ordinance No. 3332-2023 Requested Technical Amendment The purpose of this memo is to request technical amendment to Ordinance No. 3332-2023. The following technical amendments are respectfully requested. Motion Thank you for your consideration. Amend Section 1, paragraph c. 1. by replacing the reference to subsection (k), with reference subsection (h); and Amend Section1, paragraph c. 3. By replacing the reference to subsection (L), with reference to subsection (i); and Amend Section 1, paragraph h. by removing RSL from the listed exceptions and replacing with RS2. And renumber the current Sections 2 and 3 to 3 and 4. MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Meghan Thibodeau, Deputy City Clerk DATE: January 26, 2023 SUBJECT: Ordinance No. 3332-2023 Requested Amendment The purpose of this memo is to request an amendment to Ordinance No. 3332-2023 based on the Planning and Zoning Commission’s recommendations. The following amendment is respectfully requested. Motion Thank you for your consideration. Add a final WHEREAS that reads: At its meeting on January 25, 2023, the Planning and Zoning Commission recommended enactment of this Ordinance with the following conditions: • That a Planning & Zoning and/or City Council Work Session be scheduled prior to enactment. • Include provisions that containment of chickens be restricted to the back of the house in the rear yard. MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Victoria Askin, Council Member DATE: January 26, 2023 SUBJECT: Ordinance No. 3332-2023 Requested Amendment Ordinance 3332-2023 should be amended to address the number of chicken hens allowed based on the geographic zone. The keeping of 12 chicken hens on smaller lots within denser areas is excessive for providing eggs for the average household or as household pets. The raising of chicken hens could affect or benefit the community and it is important to balance the number of chicken hens accordingly. The following amendment is proposed. 1) 3.10.070(h)(1) Allow a maximum of 12 chicken hens in the Rural Residential (RR) zone and allow a maximum of six (6) chicken hens in the other zones, except in the prohibited zones. The RR zone is generally located in the outlying and rural areas. Most of lots in the RR zone are surrounded by lots greater than 40,000 square feet where livestock are generally permitted. The keeping of 12 chicken hens would be better suited for lots within the RR zone based how it is dispersed away from the centrally developed area, where it would not significantly affect the surrounding neighbors. The keeping of six (6) chicken hens is a reasonable amount for other zones since it is estimated that three (3) chickens per two (2) household members is the rule of thumb to support egg consumption needs. The other zones, specifically the residential zones are generally located in the dense residential neighborhoods and limiting the number of chicken hens to six (6) would balance the benefits and minimize the potential nuisance. Attached is a map of the proposed amendment. Motion New Text Underlined Thank you for your consideration. Amend Section 1, paragraph h. 1. that reads: A maximum of twelve (12) chicken hens may be kept on lots in the Rural Residential (RR) zone and a maximum of six (6) chicken hens on lots in other allowed zones with a permitted principal structure. MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Henry Knackstedt, Council Member DATE: January 26, 2023 SUBJECT: Ordinance No. 3332-2023 Comments and Proposed Amendments Ordinance 3332-2023, an amendment to KMC 3.10.070-Livestock within City Limits should be more restrictive to provide low visibility and minimize impacts on the surrounding neighbors and community. The following are my proposed amendments to the Ordinance: 1) 3.10.070(h) Add the Airport Light Industrial (ALI) Zone to the list of zoning districts that prohibits the keeping of any chicken hens. Lots within the Airport Light Industrial Zone are reserved for aviation-related commercial and industrial uses. The keeping of chicken hens should be prohibited in the ALI Zone to be consistent with the intent of the zone. 2) 3.10.070(h)(1) Reduce the number of permitted chicken hens from 12 to 6. The allowance of raising 12 chicken hens would provide a surplus of eggs for the average household. Additionally, fewer chicken hens would produce less waste and may be generally more acceptable to neighbors. 3) 3.10.070(h)(3) and (4) Restrict the location of the enclosed shelters and containment structures to the rear yard. The ordinance provides lenient setback requirements for the location of housing and fencing of chicken hens that may detract from the neighborhood appearance. The Ordinance would potentially allow fencing of chicken hens in the front yard if a house has a setback greater than 25 feet from the front property line; therefore, chicken hens may roam in the front yard under the Ordinance. The potential of unobscured chicken hens in the front yard would diminish the neighborhood streetscape. To minimize the visual impact and nuisance complaints, the location of the housing and fencing for the chicken hens should be limited to the back yard. Attached is a map of the proposed amendment. Page 2 of 2 Motion New Text Underlined; [DELETED TEXT BRACKETED] Thank you for your consideration. Amend Section 1, paragraph h as follows: (h) The keeping of chicken hens on lots less than forty thousand (40,000) square feet is allowed, except in the ALI, RU, RS1, RS2, and TSH zoning districts, subject to the following standards: Amend Section 1, paragraph h. 1. that reads: (1) A maximum of six (6)[TWELVE (12)] chicken hens may be kept on lots with a permitted principal structure. Amend Section 1, paragraphs h. 3. And h. 4. that reads: (3) Chicken coops, hutches or other fully enclosed shelters must be located in the rear yard [MAY NOT BE LOCATED IN A FRONT YARD OR SIDE YARD THAT ABUTS A STREET IN A RESIDENTIAL ZONING DISTRICT] and must have a minimum setback of fifteen feet (15’) from the side yards, ten feet (10’) from the rear yard, and twenty-five feet (25’) from residential dwellings on neighboring lots. (4) Fences, corral, pen, or other similar containment structures must be located in the rear yard and have a minimum setback of fifteen feet (15’) from the side yards, [TWENTY- FIVE FEET (25’) FROM THE FRONT YARD,] ten feet (10’) from the rear yard, and twenty- five feet (25’) from residential dwellings on neighboring lots. MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Alex Douthit, Council Member DATE: February 23, 2023 SUBJECT: Ordinance No. 3332-2023 Requested Amendments After reviewing the public comments on Ordinance No. 3332-2023, the proposed amendments are to limit the keeping of chicken hens to primarily laying eggs, determine flock size based on lot size, and place the burden of proof on the property owner for compliance. The following amendments are respectfully requested. Motion 1 New Text Underlined Amend Section 1, paragraph h. by adding a new line that reads: (X) The term “laying hens” as used in this section means a female chicken that is kept primarily for laying eggs and not for the sole purpose of meat. Page 2 of 2 Motion 2 New Text Underlined; [DELETED TEXT BRACKETED] Motion 3 New Text Underlined; [DELETED TEXT BRACKETED] Motion 4 New Text Underlined Thank you for your consideration. Amend the following paragraphs in Section 1, where references of “chicken hens” are replaced with “laying hens”. (c)(1) The keeping of [CHICKEN HENS] laying hens on lots less than forty thousand (40,000) square feet will be subject to the standards in subsection (k). (h) The keeping of [CHICKEN HENS] laying hens on lots less than forty thousand (40,000) square feet is allowed, except in the RU, RS1, RSL, and TSH zoning districts, subject to the following standards: (h)(1) A maximum of twelve (12) [CHICKEN HENS] laying hens may be kept on lots with a permitted principal structure. (h)(2) [CHICKEN HENS] Laying hens must be kept in an enclosed shelter or fully fenced-in at all times. (h)(7) [CHICKEN HENS] Laying hens may not be kept in such a manner as to constitute a public nuisance as defined by Kenai Municipal Code. (h)(8) The keeping of [CHICKEN HENS] laying hens must be consistent with terms of this title and does not in or of itself constitute a nuisance or a disturbance. Amend Section 1, paragraph h. 1. that reads: (1) Up to six (6) laying hens may be kept on lots of 10,000 square feet or greater [A MAXIMUM OF TWELVE (12) CHICKEN HENS MAY BE KEPT ON LOTS] with a permitted principal structure. Two (2) additional laying hens are allowed for each additional 5,000 square feet of lot area to a maximum of twelve (12) laying hens. Laying hens are prohibited on lots less than 10,000 square feet. Amend Section 1, paragraph h. by adding a new line that reads: (X) It is the responsibility and burden of the property owner to provide necessary information to the City, potentially including a survey performed by a registered surveyor, to verify conditions of this title are met if reasonably called into question. MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Meghan Thibodeau, Deputy City Clerk DATE: February 28, 2023 SUBJECT: Ordinance No. 3332-2023 Requested Amendment The purpose of this memo is to request an amendment to Ordinance No. 3332-2023 based on the Planning and Zoning Commission’s recommendations. The following amendment is respectfully requested. Motion Thank you for your consideration. Add two final WHEREAS which read: WHEREAS, at its meeting on January 25, 2023, the Planning and Zoning Commission recommended enactment of this Ordinance with the following conditions: • That a Planning & Zoning and/or City Council Work Session be scheduled prior to enactment. • Include provisions that containment of chickens be restricted to the back of the house in the rear yard. WHEREAS, at its meeting on February 22, 2023, the Planning and Zoning Commission recommended enactment of this Ordinance with further recommended conditions. MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: January 23, 2023 SUBJECT: Ordinance No. 3332-2023 Requested Technical Amendment The purpose of this memo is to request technical amendment to Ordinance No. 3332-2023. The following technical amendments are respectfully requested. Motion Thank you for your consideration. Amend Section 1, paragraph c. 1. by replacing the reference to subsection (k), with reference subsection (h); and Amend Section1, paragraph c. 3. By replacing the reference to subsection (L), with reference to subsection (i); and Amend Section 1, paragraph h. by removing RSL from the listed exceptions and replacing with RS2. And renumber the current Sections 2 and 3 to 3 and 4. Page 45 City of Kenai I 210 !=idalgo Ave, Kenai , AK 99611-7794 I 907.283.7535 I www.kenai .city Page 1 of 4 MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: February 28, 2023 SUBJECT: Planning & Zoning Commission Recommended Amendments to Ordinance 3332-2023 The Planning and Zoning Commission during their February 22, 2023 Regular meeting recommended the following amendments: Planning & Zoning Commission Recommendation 1 Planning & Zoning Commission Recommendation 2 Amend Section 1, paragraph c. 1. to read: “The keeping of chicken hens on lots less than forty thousand (40,000) square feet will be subject to the standards in subsection (k). This allowance for the keeping of chicken hens does not permit commercial activities where otherwise prohibited or additional permitting or licensing is required.” Clerk’s Note: The recommendation above was approved by vote of: 6-Yea, 0-Nay, 1-Absent. Commissioner Greenberg was absent. Amend Section 1, paragraph h. 1. to read: “Up to four (4) chicken hens may be kept on lots of 24,000 square feet or less [A MAXIMUM OF TWELVE (12) CHICKEN HENS MAY BE KEPT ON LOTS] with a permitted principal structure. One (1) additional chicken hen is allowed for each additional 2,000 square feet of lot area.” Clerk’s Note: The recommendation above was approved by a vote of: 5-Yea, 1-Nay, 1- Absent. Commission. The Nay vote was cast by Commissioner Glendening. Page 2 of 4 Planning & Zoning Commission Recommendation 3 Planning & Zoning Commission Recommendation 4 Planning & Zoning Commission Recommendation 5 Amend Section 1, paragraph h as follows: “The keeping of chicken hens on lots less than forty thousand (40,000) square feet is allowed, except in the ALI, RU, RS1, RS2, and TSH zoning districts, subject to the following standards:” Clerk’s Note: The recommendation above was approved by a vote of: 6-Yea, 0-Nay, 1-Absent; and is in support of the first amendment as proposed in the Knackstedt January 26, 2023 Comments and Proposed Amendments Memo. Section 1, paragraph h. 3. and h. 4. as follows: “(3) Chicken coops, hutches or other fully enclosed shelters must be located in the rear yard [MAY NOT BE LOCATED IN A FRONT YARD OR SIDE YARD THAT ABUTS A STREET IN A RESIDENTIAL ZONING DISTRICT] and must have a minimum setback of fifteen feet (15’) from the side yards, ten feet (10’) from the rear yard, and twenty-five feet (25’) from residential dwellings on neighboring lots. (4) Fences, corral, pen, or other similar containment structures must be located in the rear yard and have a minimum setback of fifteen feet (15’) from the side yards, [TWENTY-FIVE FEET (25’) FROM THE FRONT YARD,] ten feet (10’) from the rear yard, and twenty-five feet (25’) from residential dwellings on neighboring lots.” Clerk’s Note: The recommendation above was approved by a vote of: 6-Yea, 0-Nay, 1-Absent; and is in support of the third amendment as proposed in Knackstedt January 26, 2023 Comments and Proposed Amendment Memo. Amend Ordinance No 3332-2023 to exclude the Suburban Residential RS Zones: “The keeping of chicken hens on lots less than forty thousand (40,000) square feet is allowed, except in the ALI, RU, RS, RS1, RS2, and TSH zoning districts, subject to the following standards:” Clerk’s Note: The recommendation above was approved by a vote of: 5-Yea, 1-Nay, 1-Absent. The Nay vote was cast by Commissioner Glendening. Page 3 of 4 Planning & Zoning Commission Recommendation 6 Planning & Zoning Commission Recommendation 7 Planning & Zoning Commission Recommendation 8 Amend Section 1, paragraph h. 5. as follows: “All shelters or containment structures must be constructed of durable weather resistant materials, secured, and kept in good repair. The siding and roofing must be constructed with solid and durable construction materials.” Clerk’s Note: The recommendation above was approved by a vote of: 5-Yea, 1-Nay, 1-Absent. The Nay vote was cast by Commissioner Coston. Amend Section 1, paragraph h. by adding a new subparagraph to read as follows: “All feed for chickens must be stored securely to prevent access from rodents and other non- domestic animals.” Clerk’s Note: 1.) The recommendation above was approved by a vote of: 6-Yea, 0-Nay, 1- Absent. 2.) Each newly added subparagraph will be numbered accordingly, following the previous subparagraph number. Subparagraph numbering will be considered technical amendments and completed by the City Clerk. Amend Section 1, paragraph h. by adding a new subparagraph to read as follows: “On lots twenty-four thousand square feet or less, a registration for chicken hens must first be obtained from animal control prior to moving any number of chicken hens onto the property. The registration will require certification that all provisions of this title are complied with.” Clerk’s Note: 1.) The original motion was for twenty thousand square feet. It was changed to twenty-four thousand feet by amendment which was approved by a vote of: 6- Yea, 0-Nay, 1-Absent 2.) The amended recommendation above was approved by a vote of: 6-Yea, 0- Nay, 1-Absent. 3.) Each newly added subparagraph will be numbered accordingly, following the previous number. Numbering will be considered technical amendments and completed by the City Clerk. Page 4 of 4 Planning & Zoning Commission Recommendation 9 The Planning and Zoning Commission recommended City Council enact Ordinance No. 3332- 2023 with the recommended Planning and Zoning Commission amendments by the following vote: Yes: Halstead, Coston, Glendening, Twait No: Fikes, Woodard Absent: Greenberg Vote: 4 Yes, 2 No, 1 Absent - Motion Passed. The following four (4) pages show all primary and secondary, approved and failed motions made during the February 22, 2023 Planning and Zoning Commission Meeting Amend Section 1, paragraph h. by adding a new subparagraph to read as follows: “Chicken coops, hutches or other fully enclosed shelters may not exceed eight feet (8’) in height.” Clerk’s Note: 1.) The recommendation above was approved by a vote of: 4-Yea, 2-Nay, 1- Absent. The Nay votes were cast by Commissioners Glendening and Twait. 2.) Each newly added subparagraph will be numbered accordingly, following the previous subparagraph number. Subparagraph numbering will be considered technical amendments and completed by the City Clerk. New Text Underlined; [DELETED TEXT BRACKETED IN SMALL CAPS] Ord 3332-2023 Motions in order: #1 Commissioner Glendening MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph c. 1. to read: “The keeping of chicken hens on lots less than forty thousand (40,000) square feet will be subject to the standards in subsection (k). This allowance for the keeping of chicken hens does not permit commercial activities where otherwise prohibited or additional permitting or licensing is required.” Commissioner Halstead SECONDED the motion. Vote on Motion: Yes: Woodard, Coston, Glendening, Twait, Halstead, Fikes No: None. Absent: Greenberg Vote on Motion: 6 Yes, 0 No, 1 Absent - Motion Passed. #2 Commissioner Woodard MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h. 1. to read: “Up to four (4) chicken hens may be kept on lots of 24,000 square feet or less [A MAXIMUM OF TWELVE (12) CHICKEN HENS MAY BE KEPT ON LOTS] with a permitted principal structure. One (1) additional chicken hen is allowed for each additional 2,000 square feet of lot area.” Commissioner Halstead SECONDED the motion. Amend: Commissioner Glendening MOVED to amend the proposed amendment as follows: “A maximum of twelve (12) chicken hens may be kept on lots in the Rural Residential (RR) zones and a maximum of six (6) [UP TO FOUR (4)] chicken hens [MAY BE KEPT] on lots in other allowed zones [OF 24,000 SQUARE FEET OR LESS] with a permitted principal structure. One (1) additional chicken hen is allowed for each additional 2,000 square feet of lot area.” Commissioner Halstead SECONDED the motion to amend the main motion. Vote on Motion to Amend the main motion: Yes: Coston, Glendening No: Twait, Halstead, Fikes, Woodard Absent: Greenberg Vote on the motion to AMEND the main motion: 2 Yes, 4 No, 1 Absent - Motion Failed to Adopt. Vote on the Main Motion: Yes: Twait, Halstead, Fikes, Woodard, Coston No: Glendening Absent: Greenberg Vote on the MAIN motion: 5 Yes, 1 No, 1 Absent - Motion Passed. #3 Commissioner Glendening MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h as follows: “The keeping of chicken hens on lots less than forty thousand (40,000) square feet is allowed, except in the ALI, RU, RS1, RS2, and TSH zoning districts, subject to the following standards:” Commissioner Halstead SECONDED the motion. Vote on Motion: Yes: Twait, Halstead, Fikes, Woodard, Coston, Glendening No: None. Absent: Greenberg Vote: 6 Yes, 0 No, 1 Absent - Motion Passed. #4 Commissioner Glendening MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h. 3. and h. 4. as follows: “(3) Chicken coops, hutches or other fully enclosed shelters must be located in the rear yard [MAY NOT BE LOCATED IN A FRONT YARD OR SIDE YARD THAT ABUTS A STREET IN A RESIDENTIAL ZONING DISTRICT] and must have a minimum setback of fifteen feet (15’) from the side yards, ten feet (10’) from the rear yard, and twenty-five feet (25’) from residential dwellings on neighboring lots. (4) Fences, corral, pen, or other similar containment structures must be located in the rear yard and have a minimum setback of fifteen feet (15’) from the side yards, [TWENTY-FIVE FEET (25’) FROM THE FRONT YARD,] ten feet (10’) from the rear yard, and twenty-five feet (25’) from residential dwellings on neighboring lots.” Commissioner Halstead SECONDED the motion. Vote on Motion: Yes: Halstead, Fikes, Woodard, Coston, Glendening, Twait No: None. Absent: Greenberg Vote: 6 Yes, 0 No, 1 Absent - Motion Passed. #5 Commissioner Halstead MOVED to recommend Council amend Ordinance 3332-2023, to exclude Suburban Residential RS. Commissioner Fikes SECONDED the motion. Amend: Commissioner Woodard MOVED to amend the proposed amendment, to exclude lots under 15,000 square feet in the Suburban Residential RS. Commissioner Glendening SECONDED the motion. Vote on Motion to Amend the main motion: Yes: Twait, Woodard, Glendening No: Halstead, Fikes, Coston Absent: Greenberg 3 Yes, 3 No, 1 Absent - Motion Failed to Adopt. Vote on Motion: Yes: Halstead, Fikes, Woodard, Coston, Twait No: Glendening Absent: Greenberg Vote on the MAIN motion: 5 Yes, 1 No, 1 Absent - Motion Passed. #6 Commissioner Coston MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h. 5. as follows: “All shelters or containment structures must be constructed of durable weather resistant materials, secured, and kept in good repair. The siding and roofing must be constructed with solid and durable construction materials.” Commissioner Woodard SECONDED the motion. Vote on Motion: Yes: Fikes, Woodard, Glendening, Twait, Halstead No: Coston Absent: Greenberg Vote: 5 Yes, 1 No, 1 Absent - Motion Passed. #7 Commissioner Halstead MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h. by adding a new paragraph 9 as follows: “All feed for chickens must be stored securely to prevent access from rodents and other non-domestic animals.” Commissioner Glendening SECONDED the motion. Vote on Motion: Yes: Coston, Glendening, Twait, Halstead, Fikes, Woodard No: None. Absent: Greenberg Vote: 6 Yes, 0 No, 1 Absent - Motion Passed. #8 Commissioner Halstead MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h by adding a new paragraph 10 as follows: “On lots twenty thousand square feet or less, a registration for chicken hens must first be obtained from animal control prior to moving any number of chicken hens onto the property. The registration will require certification that all provisions of this title are complied with.” Commissioner Glendening SECONDED the motion. Amend: Commissioner Glendening MOVED to amend the proposed amendment as follows: “On lots twenty-four (24) thousand square feet or less, a registration for chicken hens must first be obtained from animal control prior to moving any number of chicken hens onto the property. The registration will require certification that all provisions of this title are complied with.” Commissioner Halstead SECONDED the motion to amend the main motion. Vote on Motion to amend the main motion: Yes: Twait, Halstead, Fikes, Woodard, Coston, Glendening No: None. Absent: Greenberg Vote on the motion to AMEND the main motion: 6 Yes, 0 No, 1 Absent - Motion Passed. Vote on main Motion as amended: Yes: Twait, Halstead, Fikes, Woodard, Coston, Glendening No: None. Absent: Greenberg Vote on the MAIN motion as amended: 6 Yes, 0 No, 1 Absent - Motion Passed. #9 Commissioner Halstead MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h. by adding a new paragraph 12 as follows: “Chicken coops, hutches or other fully enclosed shelters may not exceed eight feet (8’) in height.” Commissioner Woodard SECONDED the motion. Vote on Motion: Yes: Fikes, Woodard, Coston, Halstead No: Glendening, Twait Absent: Greenberg Vote: 4 Yes, 2 No, 1 Absent - Motion Passed. #10 Commissioner Halstead MOVED to recommend Council amend Ordinance 3332-2023, Section 1, paragraph h. by adding a new paragraph 13 as follows: “All enclosures, coops, hutches, pens, or appurtenances for chicken hens must be fully screened from public view and neighboring properties with fences, walls, obstructions, or natural screening not less than six feet (6’) in height.” Commissioner Coston SECONDED the motion. Vote on Motion: Yes: Halstead, Fikes, Coston No: Glendening, Twait, Woodard Absent: Greenberg Vote: 3 Yes, 3 No, 1 Absent - Motion Failed to Adopt. #11 Commissioner Halstead MOVED to recommend the City Council enact Ordinance No. 3332-2023 with the recommended amendments from the Planning and Zoning Commission. Commissioner Glendening SECONDED the motion. Vote on Motion: Yes: Halstead, Coston, Glendening, Twait No: Fikes, Woodard Absent: Greenberg Vote: 4 Yes, 2 No, 1 Absent - Motion Passed.