HomeMy WebLinkAbout2011-03-09 Planning & Zoning Packet - Work SessionCITY OF KENAI
PLANNING ZONING
COMMISSION
Work Session Reminder
6 7p.m.
March 9, 2011
Ordinance No. 2537 -2011
Amendment to Title 3 Animal Control
Beekeeping Regulation
Memo from Administration dated 3/2/11
Attachments
Ordinance No. 2537 -2011 Amending Kenai Municipal Code Chapter 3.10, Control
and Treatment of Animals, to provide for new regulation of beekeeping within the
City of Kenai including the citation procedures and penalties for violation of
ordinances, and making technical changes and corrections
Council Meeting Minutes Excerpt from 2/16/11
Email from Jacquie Graham dated 2/28/11
MEMO:
Attachment: Ordinance No. 2537 -2011
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210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 �d
Telephone: 907- 283 -7535 FAX: 907- 283 -3014 tI II
1992
TO: Planning Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: March 2, 2011
SUBJECT: Ordinance No. 2537 -2011 Beekeeping Regulation
After hearing public testimony on February 16, 2011, City Council directed Ordinance
No. 2537 -2011 be returned to you for further review and recommendation. Based on
public testimony, there was concern about sections (g)(3), (g)(4), (g)(5), and (g)(6).
(See attached ordinance.) These sections were added at the recommendation of City
Attorney Stearns and are commonly found in beekeeping regulations.
The work session gives the Commission the opportunity to discuss the ordinance and
consider the public's concerns. During the regular meeting, the item will be placed on
the agenda under Unfinished Business. City Attorney Stearns has advised that the
Commission has several options. The Commission may vote to take no action, may
consider each of these sections (or other sections of the amendment) individually and
make recommendations to Council on the sections independent of other sections; or,
the Commission may vote to remove all the sections (or others). A public hearing is not
required; however, as always, it is recommended if public is present that testimony is
considered.
Mee y of
KENAI, ALASKA
Sponsored by: Planning Zoning Commission
CITY OF KENAI
[ORDINANCE NO. 2537-2011
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE KENAI MUNICIPAL CODE CHAPTER 3,10, CONTROL AND TREATMENT OF
ANIMALS, TO PROVIDE FOR NEW REGULATION OF BEEKEEPING WITHIN THE CITY
OF KENAI INCLUDING THE CITATION PROCEDURES AND PENALTIES FOR
VIOLATION OF ORDINANCES, AND MAKING TECHNICAL CHANGES AND
CORRECTIONS.
WHEREAS, honey bees (species Apis nzellifera) are of benefit to humankind by
providing for agriculture and fruit and garden pollination services, and by furnishing
honey, wax, and other useful products; and,
WHEREAS, domestic strains of honey bees have been selectively bred for desirable
traits, including gentleness, honey production, tendency not to swarm, and non
aggressive behavior; and,
WHEREAS, gentle strains of honey bees can be maintained within populated areas in
reasonable densities without causing a nuisance if the bees are properly located and
carefully managed and maintained; and,
WHEREAS, there are hundreds of beekeepers throughout the State of Alaska and
there are many beekeepers that reside in the City of Kenai; and,
WHEREAS, the City recognizes that adverse neighborhood impacts, including but not
limited to swarming, stinging and the spread of disease, may result from the keeping
of bees if appropriate and responsible beekeeping practices are not followed; and,
WHEREAS, regulation by the City is intended to create standards and requirements
that help to ensure that bees kept by residents do not adversely impact the use and
enjoyment of neighborhood properties surrounding the property on which the bees are
kept; and,
WHEREAS, it is in the best interests of the City to adopt standards for the keeping of
bees within the City limits,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: This is a Code ordinance.
Section 2. Amendment of Section 3.05,070 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 3.05.070, Citation procedure, is hereby amended as follows:
New Text Underlined; [DELETED TEXT BRACKETED]
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Ordinance No. 2537 -2011
Page 2 of 5
3.05.070 Citation procedure.
(a) An officer may serve a summons and complaint in the form of a citation upon a
person for violating a provision of this chapter, or a term, condition, or limitation of a
license issued hereunder, or a City regulation promulgated under this title.
(b) A summons and complaint issued under this section shall contain a notice
directing the person to whom it is issued to appear to answer to the charge in the
District Court for the Third Judicial District of the State of Alaska at Kenai.
(c) An officer who issues a summons and complaint under this section shall
deposit the original and a copy of the citation with his immediate superior who shall
forward the citation to the District Court for the Third Judicial District of the State of
Alaska at Kenai. Thereafter, the summons and complaint may be disposed of only by
official action.
(d) A summons and complaint in the form of a citation that fulfills the
requirements for a complaint under the District Court Rules of Criminal Procedure
promulgated by the Supreme Court of the State of Alaska shall be deemed a lawful
complaint for the purpose of prosecuting a violation of this title.
Mandatory Court Appearance shall be required:
For a violation of KMC 3.10.020(c).
For a violation of KMC 3.10.070(g).
(j2]) For all cruelty charges under this code.
(4[3]) Upon second citation of all other provisions of Chapter 3.10 in a twelve (12)
month period.
Section 3. Amendment of Section 3.10.070 of the Kenai Municipal Code: The Kenai
Municipal Code, Section 3.10.070, Livestock within the city limits, is hereby amended
as follows:
3.10.070 Livestock within the city limits.
(a) Except as otherwise provided in this section, no person shall keep or maintain
livestock within the City of Kenai,
(b) Livestock, other than bees, may be kept on lots of forty thousand (40,000)
square feet or greater. No livestock shall be allowed in the RU, RS1, R.S2 or TSR zones.
Animals raised for a fur bearing purpose are not allowed in any zone. Beekeeping will
be restricted as described in 3.10.070(g).
(c) In this section "livestock" is defined as the following anin
New Text Underlined; (DELETED TEXT BRACKETED]
_1 g_
Ordinance No. 2537-2011
Page 3 of 5
(1) Cow
(2) Horse
(3) American bison
(4) Llama
(5) Alpaca
(6) Sheep
(7) Swine
(8) Goat
(9) Mule
(10) Donkey
(1 1) Ratite
(12) Duck
(13) Goose
(14) Chicken
(15) Turkey
(16) Rabbit
(17) Honey Bees (Apis mellifera)
(d) (1) Except for the RS1, RS2, RU, TSH zone(s), the Chief Animal Control
Officer may issue temporary permits of not more than fourteen (14) days for the
keeping of livestock not otherwise allowed for public exhibitions or entertainment
events. The Chief Animal Control Officer may impose conditions on the permits as
reasonably necessary for sanitation, safety, or hygiene. The permit may be revoked for
a violation of the conditions of the permit or pertinent section of the Kenai Municipal
Code, The City may charge a permit fee, which fee shall be as set forth in the City's
schedule of fees adopted by the City Council, [THE CITY MANAGER MAY SET A
PERMIT FEE AS SET OUT IN KMC 7.15.1001
(2) Except in the RU zone, the Chief Animal Control Officer rnay, after notifying
adjoining property owners in writing and allowing reasonable time for comment, issue
a permit for the keeping of livestock for educational or youth activities, such as 4 -H,
Future Farmers of America, or Boy /Girl Scouts on lots not otherwise eligible under
this section, The permit shall state the duration of the permit, which shall not exceed
two (2) years, and the type and number of livestock to be kept. The Chief Animal
Control Officer may impose conditions on the permits as reasonably necessary for
sanitation, safety, or hygiene. The permit may be revoked for a violation of the
conditions of the permit or Title 3 of the Kenai Municipal Code. Appeal of issuance or
revocation of a permit may be made in writing to the board of adjustment. A permit
may be renewed following written notice and reasonable tune for comment to the
adjoining property owners. The City may charge a per Await fee, which fee shall be as set
forth in the City's schedule of fees adopted by the City Council. [The City Manager
may set a permit fee as set out in KMC 7.15.100.]
New Text Underlined; tDELETED TEXT BRACKETED]
-20_
Ordinance No. 2537-2011
Page 4 of 5
(e) Lots on which livestock are kept on the effective date of the ordinance•codified
in this section which are not eligible for the keeping of livestock under this section
shall be considered a non conforming use of land under 1KMC 14.20.050. No new or
replacement livestock may be kept or introduced on such lots after the effective date of
the ordinance codified in this section. Offspring of livestock allowed as a non-
conforming use under this section may be kept on such lots only until they are old
enough to be relocated to a site conforming to this section or outside of the city limits.
(f) Except as set forth in subsection (g), below, cfCjorrals, pens, hutches, coops or
other animal containment structures must have a minimum setback of twenty-five feet
(25') from the property's side yards, fifty feet (50') from the front yard, and ten feet (10)
from the back yard,[;] All animal containment structures [AND] must be secure and in
good repair.
(g) No person may keep honey bees, Apis mellifera, in a. manner that is
inconsistent with the following requirements or that is inconsistent with any other
section of this Code.
(1) Colonies shall be managed in such a manner that the flight path of bees to and
from the hive will not bring the bees into contact with people on adjacent property. To
that end, colonies shall be situated at least twenty -five feet (25') feet from any lot fuze
not in common ownership; or oriented with entrances facing away from adjacent
property; or placed at least eight feet (8') above ground level; or placed behind a fence
at least six feet (61 in height and extending at least ten feet (101 beyond each hive in
both directions.
(2) No person shall keep more than four (4) hives on a lot of 10,000 square feet or
smaller, nor shall any person keep more than one (1) additional hive for each
additional 2,400 square feet over 10,000 on lots larger than 10,000 square feet.
(3) It shall be a violation for any beekeeper to keep a colony or colonies in such a
manner or in such a disposition as to cause any unhealthy condition or to interfere
with the normal use or enjoyment of any property in the vicinity of the colony by
humans or animals.
(4) Beekeepers shall take appropriate care according to best management practices
when transporting hives of bees. Bees being transported have entrance screens or be
secured under netting.
(5) Beekeepers shall acquire hives and hive equipment from sources that are free
from American Foulbrood and other bee related diseases and pests.
(6) The term "hive" as used in this section means the structure intended for the
housing of a bee colony. The term "colony" as used in this section means a hive and
its equipment and appurtenances, including bees, comb, honey, pollen, and brood.
New Text Underlined; [DELETED TEXT BRACKETED)
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Ordinance No, 2537 -201 1
Page 5 of 5
(NG]) A person seeking relief from the provisions of this section may apply for a
conditional use permit under KMC 14.20,150.
{(h) THE ORDINANCE CODIFIED IN THIS SECTION WILL COME BACK TO THE
CITY COUNCIL FOR REVIEW TWENTY -FOUR (24) MONTHS AFTER THE EFFECTIVE
DATE.]
Section 4. Severability: If any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 5. Effective Date: Pursuant to KMC 1.15.070(1), this ordinance shall take
effect one month after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
February, 2011.
ATTEST:
Carol L. Freas, City Clerk
PAT PORTER, MAYOR
New Text Underlined; [DELETED TEXT BRACKETED]
-22-
Introduced: February 2, 2011
Adopted: February 16, 2011
Effective: March 16, 2011
Bookey
Yes
Marquis
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Moore
Absent
Gabriel
Yes
i
KENAI CITY COUNCIL MEETING
FEBRUARY 16, 2011
PAGE 5
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2536 -2011. Council Member
Marquis SECONDED the motion.
The floor was opened for public hearing. There being no one wishing to speak, the
public hearing was closed. There were no Council comments.
VOTE:
Fire Department by $20,000, Parks Department by $3,500, and Boating
Facility Department by $13,000 to Purchase Equipment Needed in
Response to the Annual State of Alaska Personal Use Fishery that Takes
Place on the City of Kenai Beaches and Utilizes City Facilities.
'Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
0-6. Ordinance No. 25374011 Amending the Kenai Municipal Code
Chapter 3.10, Control and Treatment of Animals, to Provide for a New
Regulation of Beekeeping Within the City of Kenai Including the Citation
Procedures and Penalties for Violation of Ordinances, and Making
Technical Changes and Corrections.
MOTION:
Council Member Molloy MOVED to enact Ordinance No. 2537 -2011 and Council
Member Marquis SECONDED the motion.
The floor was opened for public hearing.
Jacqulin. Graham, 1107 Walnut Avenue, Woodland Subdivision, Kenai Ms.
Graham reported problems with bees in the area last summer, including her dog and
children in the neighborhood being stung; she believed the lots in the subdivision were
too small and close to keep bees; many children live in the neighborhood; believed
allowing keeping of bees in a subdivision such as Woodland would be a mistake; and,
requested Council to consider her concerns during its deliberation on the ordinance.
Sarah Souders, 1103 Oak Avenue, Kenai Ms. Souders requested a work session
be held to address concerns she identified within Section 3 of the ordinance and
3.10.070(g)(1 -h). Souders requested the ordinance be returned to the Planning 86
Zoning Commission for additional review.
-58-
Bookey
Yes
Marquis
Yes
Molloy
Yes
Boyle
Yes
Porter
Yes
Moore
Absent
Gabriel
Yes
KENAI CITY COUNCIL MEETING
FEBRUARY 16, 2011
PAGE 6
There being no one else wishing to speak, the public hearing was closed.
Council discussion followed and comments included:
No objection to postponing the ordinance for additional review.
Felt the ongoing process with the beekeepers working with the Planning
Zoning Commission was productive and supported the ordinance being heard again
at the Commission level.
The Commission worked on the ordinance for a long time and believed
3.10.070(g)(3) and (5) needed further review by the Commission.
MOTION TO POSTPONE:
Council Member Boyle MOVED to send the ordinance back to Planning Zoning
Commission for the neighbors and neighborhood to improve the product. Council
Member Marquis SECONDED the motion.
A clarification was requested as to whether the Commission was to hold a work
session and /or another public hearing. Council Member Boyle stated he felt that
would be determined by the Commission. It was also noted, the ordinance would not
need to be reintroduced, however another public hearing should be held if there were
substantial changes made to the ordinance or if a substitute was developed.
VOTE ON POSTPONEMENT:
*Student Representative Coffman: Yes
MOTION PASSED UNANIMOUSLY.
D -7.
MOTION:
Resolution No. 2011 -15 Approving and Awarding a Contract for
Planning Services for the City of Kenai Comprehensive Plan to Glenn
Gray and Associates for the Total Not -To- Exceed Amount of $75,000.00.
Council Member Molloy MOVED to approve Resolution No. 2011 -15 and Council
Member Gabriel SECONDED the motion.
The floor was opened to public hearing.
Marilyn Kebsehull, City Planner Kebschull provided an explanation of the process
that took place in choosing the proposed contractor, noting $50,000 was received from
-59-
Marilyn Kebschull
From: jacquie graham [mothercrankshaft @yahoo.com]
Sent: Monday, February 28, 2011 4:24 PM
To: Marilyn Kebschull
Cc: Mayor Porter
Subject: Bees in the Woodland Subdivision
Dear Marilynn, and members of the Planning Zoning Commission
My name is Jacqueline Graham, and I am a resident of the Woodland Subdivision. I have some serious concerns
about the prospect of beekeeping in my neighborhood that I would like to submit to you for your consideration.
I have personally been impacted by the increased bee population in my neighborhood and I am not at all comfortable
with the idea of enduring another summer like last year. My yard was full of bees!. My daughter and I could not enjoy
our yard as usual (on the rare days it didn't rain), my little chihuahua was stung and had to go to the vet, and the bees
liked to ride on my sprinkler as I watered my lawn!!
As I read a copy of the resolution I was given by Mayor Porter, I noticed on page 4, two items that concern me. Number
one is in regard to colony management and fence placement in front of the hives. Is it the purpose of the fence to cause
the bees to alter their flight course, or only to keep children and pets away from them? If it is only the former, anything
less than a solid fence would not stop the bees. They could pass right through a chain link enclosure and therefore not
adhere to this restriction. Secondly is item #6. the number of hives allowable is stated as 4 There is however, no
mention of the allowable SIZE of the hives. What's to stop a beekeeper from increasing the size of their hives to house a
larger number of bees? This would keep them within the letter of the law, but not necessarily the spirit.
I have nothing against bees and/or beekeeping. As a matter of fact I considered doing it myself when we first moved
into our present home. However after careful thought, I decided against it for several reasons. First and foremost, it is my
belief that the homes in the Woodland Subdivision are too close together for such an activity Some people have double
lots, but most do not. This fact alone would make it difficult to follow the other restictions in the colony management
paragraph, ie orientation of hive entrances and easement distances. Secondly, this neighborhood is full of children and
pets and some people can have life- threatening reactions to bee stings. I, myself have had adverse reactions in the past
to bee stings, not life- threatening, but unpleasant nonetheless.
Thirdly, there is enough rural space outside of town, where the hives could be placed not to mention other beekeepers
who live in less densely populated areas of the peninsula who might be willing to let the hives reside on their property for
the season.
In conclusion, I would like to thank the commission for hearing my concerns and I sincerely hope you will consider
them in your diliberations and deem them valid.
Respectfully yours,
Jacqueline H. Graham
cc:Mayor Porter