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CITY OF IiENAI
YlYME al. QY!
NO. 2656 -2012
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAS V, AMENDING
THE KENAI MUNICIPAL CODE SECTION 3.10.070, LIVESTOCK W HIN THE CITY
LIMITS, TO EXCLUDE FROM THE DEFINITION OF "LIVEST K" A LIMITED
NUMBER OF CHICKEN HENS TO ALLOW FOR THE KEEPING OF/A SMALL NUMBER
OF CHICKEN HENS IN THE CITY AND AMENDING SETBACK QUIREMENTS FOR
CHICKEN CONTAINMENT STRUCTURES Ir
WHEREAS, the keeping of chicken hens within the City f Kenai is not currently
generally permitted by the Kenai Municipal Code exce as may be permitted on
certain lots of 40,000 square feet or more; and,
WHEREAS, City residents have expressed an interest n keeping chicken hens as pets
and for purely domestic (not commercial) purpose to provide their families with a
supply of fresh eggs; and,
WHEREAs, the City possesses the authority t regulate the keeping an harboring of
animals within its jurisdiction and has pre vi sly adopted ordinances in Title 3 of the
Kenai Municipal Code; and,
WHEREAS, a relatively small number f chicken hens can be maintained within
populated areas of the City in reason le densities without causing a nuisance if the
hens are properly located, managed, 9fid maintained; and,
WHEREAS, in order to reasonabl allow a limited number of chicken hens to be kept
on smaller City lots, changes ty the set back requirements for animal containment
structures is required; and
WHEREAS, keeping a limiP6d number of chicken hens for pets on other domestic
purposes may benefit marA City residents.
NOW, TH4follows: ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, Section 1a Code ordinance.
Section 2 Section 3.10070 of th Ki Mii l The Kenai
Municipal 10.070, Livestock within the city limits, is hereby amended
as follows
Livestock within the city limits.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2656 -2012
Page 2 of 4
(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, RS 1, RS2 or TSH zones.
Animals raised for a fur- bearing purpose are not allowed in any zone. Beekeeping will
be restricted as described in subsection (g).
(c) In this section "livestock" is defined as the following animals:
(1) Cow
(2) Horse
(3) American bison
(4) Llama
(5)
Alpaca
(6)
Sheep
(7)
Swine
(8)
Goat
(9)
Mule
(10)
Donkey
(11)
Ratite
(12)
Duck
(13)
Goose
(14)
More than 12 c[C]hicken Hens
(15)
Turkey
(16)
Rabbit
(17) Honey bees (Apis mellifera)
(18) Rooster
(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.
(2) Except in the RU zone, the Chief Animal Control Officer may, 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,
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2656 -2012
Page 3 of 4
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 time for comment to the
adjoining property owners. 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.
(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 KMC 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.
(� Except as set forth in subsection (g) and (h), below, corrals, 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 must be
secure and in good repair.
W Pens, hutches coons or other appropriate containment structures used to
contain twelvef12) or less chicken hens must have a minimum setback of five feet f51
from the property's side yard fifty feet (501 from the front yard and five feet (51 from
the back yard. All containment structures must be secure and in good repair.
[(G)I(h) 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') from any lot line 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 (6') in height and extending at least ten feet (10') beyond each hive in both
directions.
(2) No person shall keep more than four (4) hives on a lot of ten thousand (10,000)
square feet or smaller, nor shall any person keep more than one (1) additional hive for
each additional two thousand four hundred (2,400) square feet over ten thousand
(10,000) on lots larger than ten thousand (10,000) square feet.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2656 -2012
Page 4 of 4
(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 to humans or
animals.
(4) Beekeepers shall take appropriate care according to best management practices
when transporting hives of bees. Bees being transported shall have entrance screens
or be secured under netting.
(5) The term "hive" as used in this section means the single structure intended for
the housing of a single 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.
[(H)] A person seeking relief from the provisions of this section may apply for a
conditional use permit under KMC 14.20.150.
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(fl, this ordinance shall take
effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of
'2012.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced:
Adopted:
Effective:
New Text Underlined; [DELETED TEXT BRACKETED]
November 7, 2012
lVillaye with a Past, C# with a Future'
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 tM
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1 1111 1
1992
MEMO*
V1- TO: Rick Koch, City Manager
FROM: Marilyn Kebschull, Planning Administration
DATE: January 25, 2013
SUBJECT: Ordinance No. 2656 -2012 — Amending the Kenai Municipal Code Section
3.10.070, Livestock Within the City Limits, to Exclude from the Definition of
"Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of
a Small Number of Chicken Hens in the City and Amending Setback
Requirements for Chicken Containment Structures.
On November 21, 2012, City Council held a public hearing on Ordinance No. 2656-
2012. The Ordinance proposes an amendment to Title 3 to remove up to 12 chicken
hens from the definition of livestock within the City. The ordinance also relaxes
setbacks for containment structures for chicken hens. In effect, the ordinance would
provide for chicken hens (up to 12) in any zone in the City regardless of lot size. During
the public hearing, the Council heard testimony from seven (7) individuals. The majority
of individuals supported the amendment. After the public hearing, the Council
postponed action and referred the amendment to the Planning & Zoning Commission
for review and for public hearing.
The Planning & Zoning Commission held two work sessions on the proposed
amendment (12/12/12 and 1/9/13). At the work session on December 12, 2012, the
Commission received a copy of the information included in the November 21't Council
packet and unapproved minutes from that meeting and additional information to assist
with their review of the proposed ordinance. A copy of the packet material is attached.
The purpose of the first work session was to provide information and to ask the
Commission to review the information and be prepared to discuss the proposed
ordinance at a work session on January 9, 2013.
At the January 9th work session, the Commission reviewed the proposed ordinance, the
existing ordinance, and heard testimony from the public. A copy of the work session
notes is attached. At the regular meeting after the work session, the Commission
considered the ordinance. Commission Bryson made a motion to recommend Council
Memo re: Ordinance No. 2656 -2012
January 25, 2013
Page 2
approve Ordinance No. 2656 -2012. The motion was seconded by Commissioner
Peterson. The Commission heard public testimony from four (4) individuals. Three of
the four individuals addressing the Commission had concerns with the ordinance. After
hearing public testimony, Commissioner Bryson made a motion to amend section
3.10.070(g) of the ordinance to require 15 -foot setbacks. The amendment passed. The
main motion on the ordinance failed with all Commissioners voting No. Commissioner
Knackstedt made a motion to request Council direct staff to prepare an alternate
ordinance (see the attached minutes) for consideration. That motion failed for lack of a
second.
Administration did not believe that the action taken by the Commission at the January
9t" meeting constituted a recommendation to Council and placed the item on the
Commission's January 23rd agenda. At the January 23rd meeting, the Commission
voted unanimously to recommend to Council that KMC 3.10.070 remain as codified.
Attachments:
1. Planning & Zoning Commission December 12, 2012 Work Session Packet
2. Planning & Zoning Commission January 9, 2013 Work Session Packet
3. Planning & Zoning Commission January 9, 2013 Work Session Summary
4. Planning & Zoning Commission January 9, 2013 Meeting Minute Excerpts
5. Planning & Zoning Commission January 23, 2013 Meeting Minute Excerpts
f. *Excused Absences
• Chairman Twait
• Commissioner Bryson
Approved by consent agenda.
*All items listed with an asterisk ( *) are considered to be routine and non - controversial by
the Commission and will be approved by one motion. There will be no separate discussion
of these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
2. *APPROVAL OF MINUTES
a. *January 9, 2013
b. January 9, 2013 - Work Session Meeting Summary (Information Only)
Approved by consent agenda.
3. SCHEDULED PUBLIC COMMENT — None.
4. CONSIDERATION OF PLATS — None.
5. PUBLIC HEARINGS — None.
6. UNFINISHED BUSINESS
a. Discussion /Recommendation --Ordinance No. 2656 -2012 -Amending KMC 3.10.070
to provide a limited amount of chicken hens in the City.
Planner Kebschull reviewed the memos in the packet from herself and City Manager Koch.
MOTION:
Commissioner Smith MOVED conditional use permits be made available to people wanting
chickens. Commissioner Peterson SECONDED the motion.
It was the general consensus of the commission to maintain the current status of the issue.
WITHDRAWAL OF MOTION:
Commissioner Smith withdrew his motion with the agreement of Commissioner Peterson.
MOTION:
Commissioner Smith MOVED to recommend KMC 3.10.070 remain as codified. Commissioner
Arness SECONDED the motion.
PLANNING AND ZONING COMMISSION MEETING
JANUARY 23, 2013
PAGE 2
Knackstedt opened the meeting to public hearing. There being none, the public hearing was
closed.
VOTE:
Commissioners voting YEA: Knackstedt, Peterson, Amess, Smith, Shiflea
MOTION PASSED UNANIMOUSLY,
7. NEW BUSINESS
a. Discussion -- Review of Commission Structure, Duties, Procedures, and
Responsibilities.
City Manager Koch reviewed the questions included in the packet and general discussion
occurred.
Suggested changes included:
• Remove CIP duties in code. Commission can continue to review CIP from
other commissions /committees as developed.
• Move the meeting start time from 7:00 to 6:00 p.m.
• Continue annual training through the Alaska Municipal League.
• Add regularly scheduled local training.
BREAK: 8 :24 P.M.
BACK TO ORDER: 8:32 P.M.
b. Action /Approval -- Petition to Vacate Public Right -of- Way /Access Easements for
properties known as Government Lots 33 and 34 and the North 150' of Government Lot
34 (Kenai Peninsula Borough Parcels 04702199, 04702010, and 04702011) located at
11823 Kenai Spur Highway and 225 South Spruce Street. Petition submitted by Carl
Lewis of Five Star Realty on behalf of Strauss Capital Real Estate LLC and the
Archdiocese of Anchorage.
Kebschull reviewed the staff report included in the packet, recommending approval contingent
upon legal access being provided for Kenai Peninsula Parcel 04702011, the North 150 feet of
Government Lot 34.
MOTION:
Commissioner Smith MOVED to approve the Petition to Vacate Public Right -of -Way /Access
Easements for properties known as Government Lots 33 and 34 and the North 150' of
Government Lot 34 (Kenai Peninsula Borough Parcels 04702199, 04702010, and 04702011)
located at 11823 Kenai Spur Highway and 225 South Spruce Street. Petition submitted by Carl
Lewis of Five Star Realty on behalf of Strauss Capital Real Estate LLC and the Archdiocese of
PLANNING AND ZONING COMMISSION MEETING
JANUARY 23, 2013
PAGE 3
MOTION:
Commissioner Knackstedt MOVED to approve the Lease Amendments for Dan O. Pitts, Lot 1A
and Lot 2A1, FBO Subdivision. Commissioner Smith SECONDED the motion.
Kebschull reviewed the staff report included in the packet noting the amendments conformed to
the Airport Layout Plan, the Comprehensive Plan and the zoning ordinance.
Twait opened the meeting to public hearing. There being no one wishing to speak, the public
hearing was closed.
Commissioner Knackstedt stated he was in favor of the lease as long as the items stored were
consistent with the airport land use. Kebschull noted that compliance is verified during yearly
lease inspections.
VOTE:
B son
YES
Arness
YES
Knackstedt
YES
Petersen
I YES
I Smith
YES
I Twait
YES
VOTE: MOTION PASSED UNANIMOUSLY.
b. Discussion /Recommendation — Ordinance No. 2656 -2012 -Amending KMC 3.10.070
to provide a limited amount of chicken hens in the City.
MOTION:
Commissioner Bryson MOVED to recommend Council approve Ordinance No. 2656 -2012 and
Commissioner Petersen SECONDED the motion.
Kebschull reviewed the memo in the packet, advising the Commission they could recommend
the ordinance before them, amend the ordinance, or consider the alternative provided by
Commissioner Knackstedt.
Twait opened the meeting to public hearing.
Kristine Schmidt, 513 Ash Avenue — Ms. Schmidt stated there had been several good
suggestions during the work session. She requested the Commission move the proposed
ordinance forward to Council. She felt that the ordinance should be passed in a timely manner
so people can prepare for the upcoming summer season. She encouraged the Commission not
to postpone the item noting that Council can make any necessary changes.
Kim Borchgrevink, 202 Sterling Court — Mr. Borchgrevink stated he opposes the chicken
ordinance believing chickens will be a bear attractant. Mr. Borchgrevink stated that if the
ordinance does pass, he supports licensing, inspections, and electrical enclosures.
Brett Reid, Animal Control Officer, City of Kenai — Mr. Reid stated he believed 12 chickens
PLANNING AND ZONING COMMISSION MEETING
JANUARY 9, 2013
PAGE 4
were too many, that the ordinance would cause bear problems, and that setbacks need to be
increased to a minimum of 15 -feet or more. He also stated that he had contacted the
Municipality of Anchorage and that there were problems with their ordinance including keeping
the chickens contained, bear problems and that they had moved the regulation from Animal
Control to the Planning & Zoning Department.
Larry Lewis, State of Alaska, Department of Fish & Game — Mr. Lewis stated bears kill
because of attractants and chickens are attractants. Mr. Lewis suggested the use of electric
fencing and that the City should consider increased regulations in the current garbage
ordinance.
MOTION:
Commissioner Bryson MOVED to amend section 3.10.070(g) of current ordinance to 15' for all
setbacks and Commissioner Smith SECONDED the motion.
VOTE:
B son
iii ii
Arne
YES
Knackstedt
YES
Petersen
I YES
I Smith
YES
Twait
YES
VOTE: MOTION PASSED UNANIMOUSLY.
The Commission requested guidance on how to proceed if Commissioner Knackstedt wanted to
make a new motion. Attorney Bloom advised the Commission could postpone action to a date
certain and then introduce a new motion.
MOTION:
Commissioner Knackstedt MOVED to postpone action to February 13, 2013, no SECOND was
given and the motion FAILED.
Commissioner Smith noted he would be voting no on the existing ordinance because of possible
bear issues.
Commissioner Knackstedt he would also be voting no because the ordinance as submitted was
not complete.
VOTE:
Bryson
NO
I Arness
NO
I Knackstedt
NO
Petersen
NO
I Smith
NO
I Twait
NO
VOTE: MOTION FAILED.
PLANNING AND ZONING COMMISSION MEETING
JANUARY 9, 2013
PAGE 5
MOTION:
Commissioner Knackstedt MOVED to request Council direct staff and administration prepare a
new chapter within Title 3 for the keeping of poultry on lots less than 40,000 square feet
including the RU, RS2 and TSH Zones, using Chapter 3.15 Licensed Facilities as a framework
for the new chapter. Poultry will be considered to be chickens, ducks, geese and turkeys, and
will exclude roosters. Suggested recommendations for the keeping of poultry provided by
Commissioner Knackstedt to the Commission dated December 3, 2012 should also be
considered for incorporation into the new chapter and provided to the Council as
information. No SECOND was given and the motion FAILED.
8. PENDING ITEMS — None
9. REPORTS
a. City Council — Council Member Navarre reviewed the action agenda from the
January 2, 2013 Council meeting included in the packet.
• Mayor Porter appointed the new Planning & Zoning Commissioner (Shiflea)
by research she had done by using a map and identifying areas that needed
representation. Mr. Shiflea lives in the VIP subdivision area and there is no
commission representation from that area.
b. Borough Planning — Commissioner Bryson reviewed the action agenda from the
January 7, 2013 meeting included in the packet.
c. Administration — Kebschull requested Commission review the January 2013 Draft
Comprehensive Plan including public comments to make sure there are no additional
changes. Kebschull stated it was administration's intent to add the item to the next
agenda hoping that the Commission would be prepared to set a public hearing to
recommend the Plan to the City Council.
10. PERSONS PRESENT NOT SCHEDULED
Mark Schrag, 312 Princess Street — Mr. Schrag asked if a copy of the map the Mayor used
was available to the public noting that his neighborhood did not have representation and that
some of his neighbors had applied for the position. Commissioner Navarre commented there
was no official map.
11. INFORMATION ITEMS
a. Judith Bittner, State Historic Preservation Officer — Annual Survey letter dated 12/18/12
b. 2012 Planning & Zoning Commission Resolutions
c. 2012 Building Permit Report
d. 2012 Code Enforcement Report
12. NEXT MEETING ATTENDANCE NOTIFICATION — January 23, 2013
PLANNING AND ZONING COMMISSION MEETING
JANUARY 9, 2013
PAGE 6
AGENDA
CITY OF KENAI
PLANNING & ZONING COMMISSION
WORK SESSION
January 9, 2013
6 p.m. — 7 p.m.
1. Call to Order
2. Roll Call
Confirmed as follows:
Commissioners present: J. Twait, H. Knackstedt, K. Peterson, C. Smith, P. Bryson, J.
Amess
• Commissioners absent:
Staff /Council Liaison present: City Planner M. Kebschull, Planning Assistant N. Carver
City Attorney S. Bloom, Mayor Porter and Council Member Navarre
3. Approval of Agenda
Commissioner Knackstedt moved to approve the agenda as presented and Commissioner Amess
seconded the motion. No objections.
4. Commission Discussion - Ordinance No. 2656 -2012 — Amending the Kenai Municipal Code
Section 3.10.070, Livestock Within the City Limits, to Exclude from the Definition of
"Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of a Small Number
of Chicken Hens in the City and Amending Setback Requirements for Chicken Containment
Structures.
Commissioner Knackstedt discussed his email recommendations:
• Draft a whole new section for poultry. This provides the Commission the
opportunity to review and discuss all types of birds included in the recommendation,
and take out, or expand on each type of "fowl" so that this was not back before them
at some point in the future.
• Look at setback requirements, lot size
• Building Permits
Kebschull noted structures over 120' would need to meet building /fire codes and setbacks for
the zones. Structures under 120' do not require a building permit and can be up to 3' from
property line. However, if a structure is less than 120' and has electric, plumbing, etc. a
building permit would be required and the structure would have to meet the zone setbacks.
Council Member Boyle spoke to the Commission about his intent for the ordinance, was
trying to make it simple for residents to have chickens for egg laying purposes only, not for
meat. He was trying not to make it a process.
Commissioner Amess asked if the City could be held liable if there was any type of accident,
fire etc.
* Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated.
The Commission may relax this restriction.
Commissioner Smith questioned what the City's liability would be if a chickens were
permitted in a Problem Bear Area.
Attorney Bloom noted that City could possibly be held liable if there was any negligence of
inspections. Inspections would be done by either the Animal Control Officer and/or the
Building Offical.
Lary Lewis with Alaska Department of Fish & Game provided some information on bears
and whether or not chickens were a deter ant.
Kristine Schmidt requested the Commission move the proposed ordinance forward to
Council. She felt that the ordinance should be passed in a timely manner so people can
prepare for the upcoming summer season.
Kim Borchgrevink, 202 Sterling Ct., Kenai, stated he opposes the chicken ordinance
believing chickens will be a bear attractant. However, if the ordinance does pass, he supports
licensing, inspections, and electrical enclosures.
Public participation noted the City should look at it as an educational service to kids and the
benefit it could teach them.
*Public Participation: Public comments will be allowed on a limited basis throughout the
review.
5. Adjournment
The work session adjourned at approximately 7:00 p.m. The Ordinance was on the
meeting agenda for further discussion and recommendations.
* Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated.
The Commission may relax this restriction.
AGENDA
CITY OF KENAI
PLANNING & ZONING COMMISSION
WORK SESSION
December 12, 2012
Work Session from 6 p.m. to 7 p.m. and
Immediately Following Regular Meeting
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Commission Discussion - Ordinance No. 2656 -2012 — Amending the Kenai Municipal Code
Section 3.10.070, Livestock Within the City Limits, to Exclude from the Definition of
"Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of a Small Number
of Chicken Hens in the City and Amending Setback Requirements for Chicken Containment
Structures.
*Public Participation: Public comments will be allowed on a limited basis throughout the
review.
5. Commission Discussion —Imagine Kenai 2030 —Public Review Draft —Review of
Comments — Continued from November 28, 2012.
*Public Participation: Public comments will be allowed on a limited basis throughout the
review.
6. Adjournment
* Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated.
The Commission may relax this restriction.
" "!/'�laye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 'III�I
1991
MEMO:
TO: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: November 27, 2012
SUBJECT: Ordinance No. 2656 -2012 — Amending the Kenai Municipal Code Section
3.10.070, Livestock Within the City Limits, to Exclude from the Definition of
"Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of
a Small Number of Chicken Hens in the City and Amending Setback
Requirements for Chicken Containment Structures.
On November 21, 2012, City Council held a public hearing on Ordinance No. 2656-
2012. The Ordinance proposes an amendment to Title 3 to remove up to 12 chicken
hens from the definition of livestock within the City. The ordinance also relaxes
setbacks for containment structures for chicken hens. In effect, the ordinance would
provide for chicken hens (up to 12) in any zone in the City regardless of lot size. During
the public hearing, the Council heard testimony from seven (7) individuals. The majority
of individuals supported the amendment. After the public hearing, the Council
postponed action and referred the amendment to the Commission for review and for
public hearing.
Attached to this memo are the materials provided in the November 21st Council packet
and a copy of the draft Council minutes. A copy of Kenai Municipal Code 3.10.070 is
also attached. KMC 3.10.070(h) provides a provision to seek relief for properties that
can't meet the requirements of the code by applying for a Conditional Use Permit.
Since the code was amended in 2000 to include the regulation of livestock in the City,
the City has not received any requests for Conditional Use Permits.
City Council has asked that the Commission consider the proposed amendment and
provide recommendations to Council for Council's consideration at their March 6, 2013
meeting. To meet public hearing advertisement requirements, the hearing must be set
at your February 13th meeting for a public hearing on February 27 tH
s ��l/•��a�r e witti a Past, G� wit�r a Future
j 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 -283 -3014 111111
KENA1. ALASKA 1991
ME-M-00
TO: City Council
FROM: Rick Koch, City Manager
DATE: November 15, 2012
SUBJECT: Ordinance No. 2656 -2012, Amendment to KMC 3.10.070
The purpose of this correspondence is to provide information regarding the above referenced
proposed ordinance. Administration received questions from Councilors regarding this
ordinance and was asked to be prepared to speak at the November 21, 2012 Council meeting.
The following are answers to the questions we have received:
How many applications for a conditional use permit for chickens have been filed in
recent history?
In the past five years there have been no applications for a conditional use permit to house
chickens. It is important to note that lots of 40,000 square feet and larger are allowed to house
livestock given conditions provided in code. There are a number of properties 40,000 square
feet and larger that have chickens without conflict to surrounding properties.
Does the Administration believe that allowing up to 12 chickens on any property within
the City will negatively impact the City's ongoing negative- bear - interaction mitigation
measures?
To answer this question requires some degree of speculation covering a wide -range of
possibilities. The short answer is "it depends." I believe that in some instances having up to 12
chickens on any property will negatively impact the City's ongoing negative- bear - interaction
mitigation measures, I believe this is best illustrated by citing potential examples.
Example Number One: A property owner has 12 chickens on a lot less than 40,000 square feet
in subdivisions either north or south of the Spur Highway, between Marathon Road and Swires
Road. The chicken coop and chicken yard is enclosed by only a four to six -foot high chicken
wire fence. This is an area in which we have seen increased negative bear activity over the past
five years and I would guess there could easily be a problem as a result of the chickens
attracting bears.
15
0
Eo'a Number Two A property owner has four chickens on a 10,000 square foot lot located
o M Avenue west of Forest Drive. The yard in which the chickens are kept has a six -foot high
sight obscuring fence around the perimeter of the property and the chickens and coop are within
a six -foot high chicken wire fence within the backyard. in this example, given the location, lack
of history of negative -bear interactions, the small number of chickens, and the type of fencing
around the property, there would not likely be a problem as a result of chickens attracting bears.
Because there are so many variables in considering this question, Administration supports the
process that is already in place, the conditional use process which considers individual
circumstances.
Are there any concerns from either law enforcement or animal control personnel?
(Whether chicken and their associated paraphernalia being a bear attractant,
neighborhood nuisance due to odors or sound, etc.)?
Yes, there are concerns about each of these items. Again, it is difficult to be specific because
each instance will be different, at a minimum the following criteria should be considered!
1. Specific location.
2. Lot size.
3. Comments from Neighbors
4. Type of enclosure(s).
If the ordinance should be enacted, does the Administration desire to see amendments
for the purposes of regulation? If so, what?
Yes. The Administration is not prepared to offer amendments at this time. We are unaware of
the scope of the problem that is the catalyst for introduction of the Ordinance so it is difficult to
recommend a solution. Internally we have discussed the Ordinance, and the following are a few
of the comments:
1. Identify the problem with the existing conditional use process.
2. Number of chickens should be less than twelve.
3. Minimum lot size should be 20,000 square feet.
4. Neighbors should have an opportunity to comment.
5. The number of chickens could be tied to lot size.
6. Property zoning should be a consideration.
In summary, I believe it is important to note that there have been no applications for conditional
use permits for housing chickens, nor has Administration been made aware of any problems
with smaller -lot property owners in Kenai desiring to house chickens. if a property -owner
desired to house chickens , the City staff /Planning staff would assist them through the
conditional use permit process.
If Council desires to more fully consider this legislation, Administration suggests that the
Ordinance be postponed and transmitted to the Planning and Zoning (P &Z) Commission so that
a comprehensive discussion may be undertaken similar to the bee - keeping ordinance, and P &Z
can provide recommendations and comments to Council.
16
u
17KIlaye with a Past, Gx� with a Fixture"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 bdkd
Telephone: 907 - 283 -75351 FAX: 907 - 283 -3014 ,»�l
11
,992
MEMO:
r
TO: Rick Koch, City Manager
FROM: Marilyn Kebschull, Planning Administration
DATE: November 14, 2012
SUBJECT: ORDINANCE NO. 2656 -2012 — AN ORDINANCE OF THE CITY OF KENAI,
ALASKA, AMENDING THE KENAI MUNICIPAL CODE SECTION 3.10.070,
LIVESTOCK WITHIN THE CITY LIMITS, TO EXCLUDE FROM THE
DEFINITION
OF `LIVESTOCK -A LIMITED NUMBER OF CHICKEN HENS TO ALLOW FOR THE
KEEPING OF A SMALL NUMBER OF CHICKEN HENS IN THE CITY AND
STRUCTURES
AMENDING SETBACK REQUIREMENTS FOR CHICKEN CONTAINMENT
The proposed ordinance would amend Title 3 to allow less than 12 chicken hens in any zone of the
city and on any lot regardless of size. Administration was not asked to collaborate on the
amendment. My concerns relating to the proposed amendment are:
The public should be provided an opportunity to provide input into the proposed amendment.
When the livestock ordinance was drafted, the Planning & Zoning Commission held multiple
work sessions wherein public comments and concerns were heard. The Commission also
received guidance from the Animal Control Officer since that department regulates and
manages Title 3. To provide the opportunity for public participation, it is my recommendation
that the Council ask the Planning & Zoning Department in collaboration with the Animal
Control Officer to review the proposed amendment.
The proposed amendment under section KMC 3.10.070(g) provides setbacks for
containment structures. Depending upon the type of structure, a building permit may be
required. If a building permit is required, under KMC 14.24.010 setbacks for zones must be
met. Is it the intent of this ordinance to provide an exception to the zoning ordinance?
Ordinance No 1864 -2000 which became effective on August 19, 2000 provides an avenue
for individuals who cannot meet the standards in the ordinance to apply for a Conditional Use
Permit. To my knowledge, no one has ever applied for a Conditional Use Permit.
The existing ordinance was approved after an extensive review of existing conditions, lot sizes,
types of livestock and with several meetings including a joint work session of the Council and
Commission. The ordinance appears to be working effectively and provides an avenue for
exceptions, i.e. the conditional use process. It is not clear what the motivation for this proposed
change is; however, it is my recommendation, at a minimum, that administration be given an
opportunity to review the proposed amendment and identify possible concerns. And that if Council
decides to proceed with consideration of the amendment, that they provide an avenue for public
input in the process by sending the ordinance to the Planning & Zoning Commission for review.
17
THE STATE
°fALASKA
GOVERNOR SEAN PARNELL
November 15, 2012
Mayor Pat Porter
210 Fidalgo Ave
Kenai AK 99611
Dear Mayor Porter,
Department of
Fish and Game
DIVISION OF WILDLIFE CONSERVATION
Soldotna
43961 Kalifornsky Beach Road, Suite B
Soldotna, Alaska 99669 -8276
Main: 907.262.9368
Fax 907.262.4709
It has been brought to our attention that the Kenai City Council will soon take under their consideration
a possible city ordinance revision that would allow chickens to be housed and maintained within Kenai
residential neighborhoods. While the Alaska Department of Fish and Game (ADFG) neither supports
nor opposes such an ordinance change, by your request we'd like to offer City Council some insight and
advice regarding the possibility of increased human/wildlife conflict issues that may arise from their
doing so.
The City of Kenai, due to its coastal location, immediate proximity to salmon producing rivers and
streams and the adjacent 1.9 million acre Kenai National Wildlife Refuge, is frequented regularly by
both brown and black bears. In 2004, ADFG responded to over 100 complaints from residents of the
City of Kenai concerning nuisance bear activity. That number did not reflect calls made directly to the
Kenai Police Department or State Troopers. Due to the high number of negative interactions taking
place and the resulting public outcry, a collaborative community effort dubbed the Wildlife
Conservation Community Program (WCCP) was initiated in 2005. The program was driven by private
landowners, the City of Kenai, ADFG and other program partners with the express purpose of providing
educational information and installing and maintaining bear- resistant garbage containers to help reduce
the availability of a major human- caused bear attractant. The overall goals of this program were (and
still are) to foster better stewardship of our wildlife resources, create safer neighborhoods for people and
wildlife and to decrease the amount of State and municipal agency time spent responding to complaints
concerning nuisance wildlife within the community. While there's still room for growth in the city's
WCCP success (particularly in the area of non -bear resistant waste disposal storage methods currently
used) the City of Kenai and its citizenry are to be applauded for being conservation- minded and forward
thinking.
During 2012, citizen complaints to the Soldoma office of ADFG regarding undesirable bear activity
were at their lowest level in years. We believe this is due in large part to the ongoing efforts of
community-based programs (WCCP), efforts by the Borough to maintain bear resistant waster transfer
sites as well as individual citizen and collaborative neighborhood mitigation efforts taking place around
the Kenai Peninsula.
Mayor Pat Porter - 2 - 11/15/12
Aside from unsecured garbage, the keeping of unprotected, unsecured poultry and other livestock and
feed is a major cause of many negative bear/human interactions in and around residentially developed
areas here on the Kenai Peninsula. Quite often, bear predation on easily accessible poultry and feed
within residential neighborhoods results in higher levels of site and human- generated food conditioning
in those bears which may easily translate into unacceptably higher levels of human habituation. The
results of this process can be equally unacceptable in terms of the increase in public safety concerns, less
tolerance for bears in general and the overall costs of property damage and loss. Anchorage recently
passed an ordinance that allowed the keeping of chickens within residential neighborhoods and there
was a marked increase in bear activity around sites where chickens were kept in an unsecured manner.
It is our understanding that the Anchorage City Council is reviewing the revised ordinance and may
reconsider its position.
In short, should the Kenai City Council approve this amendment to the livestock ordinance, we advise
that they give careful consideration to all of the possible long -term consequences of doing so. To
require a carefully constructed and well maintained electric fence system for each application is one
alternative they might consider. We would be happy to provide further information to council on the
efficacy of a well constructed fence system should they so desire. In the meantime, I've attached a
couple of photos illustrating what can happen to an unsecured livestock holding facility. I hope this
information helps you as you make a decision. Please feel free to give us a call for further information
or assistance.
Sincerely,
Larry L. Lewis
Wildlife Technician V
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CITY OF KENAI
ONGOING BEAR AWARENESS
x[MRI: g18KA
In effort to avoid a human/bear encounter the City of Kenai needs
residents to remove bear attractants from outdoor areas. Common
bear attractants include: garbage left in open containers, bird feeders,
dirty barbeques /accessories, dog food, and outdoor freezers. East
Kenai, the Kenai River Bluff, and the Beaver Creek Bluff have higher
concentrations of brown bears than the rest of the City. By eliminating
bear attractants, residents are doing their part to ensure that bears stay
focused on natural food sources.
Per Kenai Municipal Code (KMC) 9.10.010 the City Manager has
declared two areas within the Municipal boundaries as "Bear Problem
Areas." VIP Subdivision and the area generally described as beginning
at the eastern municipal boundary extending to a point at approximately
mile 7 of the Kenai Spur Highway, this boundary also includes all
residences on Beaver Loop Rd. from the Spur Highway to Cunningham
Park.
In a "Bear Problem Area" all garbage containers must be City- approved
bear - resistant containers. A list of City- approved bear - resistant
containers is available at the City Manager's office and the City's official
website at www.ci.kenai.ak.us. As an alternative to owning a bear
resistant container, residents may store their garbage in a garage until
transporting it to the landfill each week.
"Bear Problem Area" declarations remain in effect indefinitely. If you do
not have a bear resistant container, and you need assistance in
removing garbage from outside your home, please contact the Kenai
Parks Department at 283 -3692. Parks personnel will transport garbage
to the transfer site for you.
For additional information please contact the City Manager's office at
(907)283 -8223.
May 6 and May 9, 2012