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6.8 PCSR 03-28-2017E lls River` Request for Action To Item Number Planning Commission 6.8 Agenda Section Meeting Date Prepared by Public Hearings March 28, 2017 BrieAnna Simon, Planner Item Description Reviewed by City of Elk River — Ordinance Amendment Chris Leeseber , Senior Planner Reviewed by ■ Ordinance amendment to expand opportunities for the keeping of chickens in residential areas, Zack Carlton, Planning Manager Case No. OA 17 -03 Action Requested Recommend, by motion, approval of the Ordinance Amendment as proposed. Why is this amendment being proposed? Every year staff receives numerous calls asking if chickens are permitted within the urban service district, specifically on lot sizes less than five acres in size. The ordinance currently requires five acres of land and a Conditional Use Permit (CUP) for lots within the urban service district to have chickens. Outside of the urban service district, chickens are permitted on properties less than five acres in size with a Conditional Use Permit. If the a property is greater than five acres in size outside of the urban service district, chickens are permitted and the number of chickens can be doubled with a CUP. On all properties within the City of Elk River, if the property lot size and required permitting is obtained, the property is permitted to have 0.01 animal units per one acres of fenced pasture land or 100 chickens per one acre of fenced pasture land. Staff brought this information to the City Council during a work session to discuss amending the ordinance, and staff was directed to look into a possible amendment. A survey requesting resident feedback was also posted to the city's social media page. The results of that survey are described below, but there is support for allowing chickens on properties of all sizes. What is the public benefit? Based on the support shown in the survey, a majority of residents would like to see the keeping of chickens expanded to smaller lots, specifically those below 2.5 acres in size, and within the urban service district. Additionally, the survey asked questions on the number of chickens to allow, specific regulations on the keeping of chickens, and permitting requirements. This survey was open to everyone, not just residents of Elk River. After eliminating duplicates, the survey presented 256 responses with 70 percent of those surveyed in favor of permitting chickens on smaller lot sizes. Of the survey participants 89 percent lived in the City of Elk River, of which 71 percent said they are in favor of permitting chickens on smaller lot sizes. The proposed amendment expands opportunities for the keeping of chickens, and includes regulations intended to reduce impacts to neighboring properties. iawERfu sr 4A UO'E Background /Discussion With the majority of those surveyed in favor of permitting chickens on smaller lot sizes, city staff reviewed all of the survey results and compared those to zoning regulations from nearby and similar cities. The cities inventoried include: • Otsego ■ Hastings • Ramsey ■ Burnsville • Anoka ■ Rochester • Jordan ■ Shoreview • Shakopee Other cities in the area were reviewed (e.g., Big Lake, St. Michael, and Rogers), however chickens on smaller lot sizes are not permitted in these communities. Staff modified regulations from the above communities to fit our communities desires, and to address concerns of noise, pests, odor, waste management, and predators expressed in the survey. Number of Chickens Sumg Results Number of Chickens Survey Results 3% City Code Research ■0 ■ 1 -3 r 4 -6 m7-10 m Blank Lot Size of Those in Support of Urban Chickens Survey Results 3% 110% ■ Less Than 0.3 Acres ■ 0.3 to 2.5 Acres • Greater Than 2.5 Acres • Other Minnesota City Chickens Per Acre Minimum Lot Size Anoka 4 Total Max 0 Burnsville 4 Total Max 0 Hastings 4 Per Acre 1 acre Jordan 4 Total Max 10,000 square feet Otsego 10 Per Acre 0 Ramsey 6 -48 (Less than 3 Acres) Sliding Scale 0.04 Units Greater Than 3 Acres) 0 Rochester 3 Total Max 12 Max - Education /Institutional Use 0 Shakopee 5 Total Max 0 Shoreview 4 Total Max Greater than 4 0 2 acres or more with CUP N: \Departments \Community Development \Planning \Case Files \OA \OA 17 -03 Chickens \4Planning Commission \OA 17 -03 sr PC 03- 28- 17.docx Recommendation Staff recommends allowing a total of 4 chickens on lots all lots less than 2.5 acres. These are the lots that will typically be located in the urban service district (i.e., R1 -b, R1 -c, and R1 -d zoning district) or on lots with shared sewer and water in the Open Space Preservation zoning district. Staff also recommends allowing 12 chickens without a CUP on parcels above 2.5 acres, but below five acres outside of the of the urban service district (i.e., R1 -a zoning district). These lots would need to follow the same permitting and design standards as those identified for smaller lot sizes. This number can be increased with a CUP to meet the existing agricultural animal regulations. Setbacks Survey Results Setback Requirments Survey Results 4% City Code Research • On the property line • At least 5 feet • At least 10 feet • At least 20 feet • Blank Minnesota City Property Lines (min) Adjacent Inhabited Structures (min) Anoka 5' 5' Burnsville 10' 50' Hastings 25' 25' Jordan 25' 25' Otsego Required Setbacks of Principal Buildings in Respective Zoning District Doubled Side Yard Setback - Ramsey 10' 30' Rochester Meet accessory structure setbacks 25' Shakopee 10' 50' Shoreview Meet accessory structure setbacks 30' Recommendation Staff recommends limiting the location of coops and runs to be the rear yard of a property, and requiring a 10 foot setback from side and rear property lines. If the property is a corner lot, front yard setbacks will be required from all property lines adjacent to streets. Coops and runs may not be located in drainage and utility easements and need to meet all additional accessory structures requirements outlined in the zoning code. The coop and run area will count towards total lot coverage. Additionally, a 25 foot setback from adjacent inhabited structures is proposed. This includes neighboring homes. N: \Departments \Community Development \Planning \Case Files \OA \OA 17 -03 Chickens \4Planning Commission \OA 17 -03 sr PC 03- 28- 17.docx Additionally, staff is recommending the location of coops and runs to maintain the 45 foot setback on all lots within the City of Elk River from wetlands and stormwater ponds. This setback area is important to ensure the safety of the animals and water quality. See the attached memo from the Stormwater Coordinator and Environmental Coordinator for more information. Fencing Survey Results Fence Requirements Survey Results 2% City Code Research • Require fences (chain link ortransparent fence material) • Require 100 percent opaque fences(cannot see through) • Allow Free Range m Blank Minnesota City Fencing Anoka ■ Fully Enclosed Facilities Burnsville ' Fully Screened with Solid Fence or Landscaped Buffer - Mn of 4' height and Max 6' height Hastings ■ Fully Enclosed Facilities Jordan ■ Fully Enclosed and Covered Facilities Otsego ■ Fully Fenced Outdoor Yard Ramsey ' ■ Fully Fenced Exercise Area Non- opaque fencing - 10' setback from all property lines Rochester ' Fully Screened with Solid Fence or Landscaped Buffer - Min of 4' height and Max 6' height Shakopee ' Fully Screened with Solid Fence or Landscaped Buffer - Min of 4' height and Max 6' height Shoreview ■ Fully Enclosed Facilities Recommendation Staff recommends requiring a fully enclosed run and coop area with a 100 percent opaque fence. The opaque fence will improve safety of the chickens from predators and neighboring animals (e.g., dogs) by eliminating them from view. Staff is open to discussing additional screening or secondary fences and landscaped buffers, but would like the Planning Commission's and public's feedback. Having the yard fully fenced may help prevent chickens from running loose if one /multiple get out of the coop and run area, further reducing potential conflicts with other animals. N: \Departments \Community Development \Planning \Case Files \OA \OA 17 -03 Chickens \4Planning Commission \OA 17 -03 sr PC 03- 28- 17.docx Additionally, staff is recommends fencing for chicken run areas maintain a 25 foot setback from wetlands and storruwater ponds. This setback area is important to ensure the safety of the animals and water quality. See the attached memo from the Stormwater Coordinator and Environmental Coordinator for more information. Chicken Coop and Run Concerns identified in the survey included noise, pests, odor, waste management, and predators. Coop and run design requirements are important to help alleviate these concerns. These requirements varied among cities inventoried. City Code Research Minnesota City Coop and Run Restrictions Anoka ' Comply with Zoning and Building Codes ■ Clean, sanitary, fully enclosed ■ Must meet all building and zoning codes ■ Backyard only ■ Coop -max 10 sgft /chicken and max height 6 ft Burnsville ■ Coop - Elevated min of 12 in /max 24 in above grade for circulation ■ Run -Not exceed 20 sgft /chicken ■ Run -wood or woven wire material ■ Protective overhead netting to separate from other animals ■ Completely covered enclosure to protect from elements and predators Hastings ■ Solid floor ■ Maintain sanitary conditions ■ Located in Rear Yard Jordan ■ Max Coop Size of 40 sqft - min 4 sgft per chicken ■ Max height of 10' Otsego ■ Located in Rear Yard Ramsey- ■ Coop -max 10 sgft /chicken and max height 6 ft ■ Coop- elevated at least 24 in ■ Coop -floor constructed using rodent resistant concrete Rochester ■ Run -Not exceed 20 sgft /chicken ■ Run -wood or woven wire material ■ Protective overhead netting to separate from other animals ■ Maintain sanitary conditions ■ Backyard only ■ Coop -No larger than 10 sgft /chicken and max height 6 ft Shakopee ' Coop- Elevated min of 12 in /max 24 in above grade for circulation ■ Run -Not exceed 20 sgft /chicken ■ Run -wood or woven wire material ■ Protective overhead netting to separate from other animals ■ Must meet all building and zoning codes for accessory structures Shoreview ' Maintain sanitary conditions ■ Not placed in front yard ■ Not placed in side yard abutting a street N: \Departments \Community Development \Planning \Case Files \OA \OA 17 -03 Chickens \4Planning Commission \OA 17 -03 sr PC 03- 28- 17.docx Recommendation — Coop and run area Staff recommends requiring chicken coop and runs to only be permitted in the rear yard. Additionally, to reduce impacts of animals and rodents, staff recommends the following: • The coop and run shall meet all building and zoning codes. This includes permits for coops and runs exceeding 200 square feet. • The entire coop and run areas will need to be in a complete enclosure. This will include a protective overhead netting to protect from other animals for runs and fenced in areas. • The coop and run area will need to maintain sanitary conditions. Due to the mixed results of the survey, the following recommendations are put in place to ensure chicken coops and runs do not encompass the entire rear yard, along with establishing an atheistic standard. The chicken coop size will be no larger than 10 square feet per chicken with a maximum height of six feet. Since the maximum height fence for residential properties without a permit is six feet, the maximum height of the coop should be six feet to ensure it does not exceed the fence height. Coops must be elevated a minimum of 12 inches and maximum of 24 inches above grade to provide adequate circulation. The floor of the coop must be constructed of rodent resistant material. The run size will be no larger than 20 square feet per chicken. The run is to be constructed of wood and wire material to completely enclose the facility. Additional Requirements City Code Research Minnesota City Additional Restrictions Anoka ■ No Roosters ■ No Roosters ■ Principal building required on property Burnsville ■ Grains and feed stored in rodent -proof containers ■ Cannot run at large Not allowed in home and /or garage ■ No roosters Hastings ■ Food containers and feeders must not be accessible to rodents and wild birds Jordan ■ No Roosters Otsego ■ No Roosters, Male Peacocks or Water Fowl Ramsey ■ No Roosters ■ No roosters Rochester ■ Feed and manure must keep rodent and raccoon proof containers and not placed in yard compost piles ■ Principal building required on property Shakopee ' Grains and feed stored in rodent -proof containers ■ Cannot run at large ■ Not allowed in home and /or garage ■ No roosters (lot size less than 2 acres) ■ No slaughtering Shoreview ' Cannot run at large ■ Food materials stored outside must be in closed containers with lids ■ Not raised or kept for fighting ■ No cockfighting N: \Departments \Community Development \Planning \Case Files \OA \OA 17 -03 Chickens \4Planning Commission \OA 17 -03 sr PC 03- 28- 17.docx Recommendation Staff recommends requiring a principle building on the property to ensure animals are looked after at all times. Additionally, staff recommends prohibiting roosters, guinea fowls, and animals running at large (free range). This is important to control noise levels and reduce the impacts to residents on other properties. All grains, feed, and manure are to be stored in rodent -proof containers and disposed of properly and promptly. Animals will be prohibited in the garage, house or accessory dwelling units of a property. The slaughtering of animals will also be prohibited. Additionally, manure may not be stored within 45 feet of all wetlands and stormwater ponds. This setback area is important to ensure water quality. Maintaining the 45 foot buffer area will help protect the water bodies from fecal contamination due to run off. Permitting Survey Results Permitting 2% ■ Yes, application and chicken tags only (similar to dog license) ■ Yes, application and site inspection • Yes, review with public notices,public hearing, and approval by CityCouncil (conditional use permit) • No permitting required Notified if Neighbor Applying for Chicken Permits 3% • Yes • No • Blank N: \Departments \Community Development \Planning \Case Files \OA \OA 17 -03 Chickens \4Planning Commission \OA 17 -03 sr PC 03- 28- 17.docx Cit Code Research Minnesota City Impounding Restrictions Permitting/ Licensing Anoka ■ No Permit / License Rochester ■ $50 License Fee Burnsville ■ 2 year permit ■ Police Department Enforce ■ Licenses approved by City Council ■ Notify property owners within 350' of Planning Commission meeting Hastings Not run with land or transferable ■ Staff inspect property prior ■ 1 year probationary period before fully grant ■ Annual license fee Jordan Backyard Chicken Permit ■ Tags required for each chicken Otsego Fowl Keeping License Ramsey Fee Title ■ Permit Required ■ 2 year permit Rochester ■ Granted by common council ■ Provide scaled diagram and locations of coop, run, distance from ■ roperty lines, structures and sizes Shakopee ■ No Shoreview ' License Required to City Manager 2 year permit Minnesota City Impounding Restrictions Burnsville 0 10 days Hastings ' 5 business days ■ Failure to claim revoke license Rochester ■ Suspended or revoked permit by council action guilty of misdemeanor Shakopee ■ 3 business days Recommendation Staff recommends requiring a two year permit, site inspection, and tags for each chicken. An initial site inspection will be conducted prior to approval of the permit. With this in mind, the coop, run and fenced area will need to be installed prior to a permit and chicken tags being issued. Staff also recommends tagging the chickens. The cost of the permit is anticipated to cover the price of the tags and site inspection. These tags will help code enforcement personnel easily detect those who do verses those who do not have a permit. It will also help to return chickens to their rightful owner if they get loose. The first time a loose chicken is identified, staff will work with the owner to return it to the enclosure. The second offence will result in a suspended or revoked permit. Without tags it may be difficult to identify whose animals are loose and increased time to identify who does /does not have a permit for code enforcement. Staff suggests a $50 permit to cover the cost of the tags and staffs time to inspect the site. N: \Departments \Community Development \Planning \Case Files \OA \OA 17 -03 Chickens \4Planning Commission \OA 17 -03 sr PC 03- 28- 17.docx Overview of the Proposed Ordinance (1) No roosters or guinea fowl. (2) No more than 4 chickens are allowed on parcels below 2.5 acres in size. (3) A total of 12 chickens are allowed on parcels 2.5 acres to 5 acres in size. The number of chickens can be increased with a conditional use permit for this in the urban service area. (4) Every person who owns, controls, keeps, maintains, or harbors chickens must keep them confined on the premises at all times in a chicken coop or chicken run. Chickens are not allowed in any part of a house or accessory structure. (5) No chicken coop or run shall be constructed on any parcel of land before construction of the principal building. (6) All chicken coops and runs must comply with all applicable building and zoning codes and regulations. (7) A chicken coop and run will be considered an accessory structure and will count towards total lot coverage. (8) A chicken coop and run cannot be located in the front or side yard. Corner lots must maintain front yard setbacks from all property lines adjacent to right -of -ways. (9) A chicken coop and run must be setback at least 25 feet from any residential structure on any adjacent lot and at least 10 feet from the property line. (10) A chicken coop and run may not be located within 45 feet of a wetland or stormwater pond. (11) A chicken coop and run must be completely screened from view with an opaque fencing. (12) A chicken coop may be no larger than 10 square feet per chicken and may not exceed 6 feet in height. A chicken coop must be elevated a minimum of 12 inches and a maximum of 24 inches above grade to ensure circulation beneath the coop. A chicken coop must have rodent resistant flooring. (13) A chicken run cannot exceed 20 square feet per chicken and the fencing cannot exceed 6 feet in height. A chicken run may be enclosed with wood or woven wire materials, and may allow chickens to contact the ground. A chicken run must have a protective overhead netting to keep the chickens separated from other animals. (14) Chicken grains and feed must be stored in rodent -proof containers. (15) No chicken may be kept or raised in a manner as to cause injury or annoyance to persons on other property in the vicinity by reason of noise, odor, or filth. Financial Impact None, the permit fee will cover the time necessary to inspect and administer the permitting process. Council Meeting If acted on, this item will go to the April 17, 2017, City Council meeting. Attachments • City Code Requirements Review • Survey Questions • Survey Results • Stormwater Coordinator and Environmental Coordinator Memo N: \Departments \Community Development \Planning \Case Files \OA \OA 17 -03 Chickens \4Planning Commission \OA 17 -03 sr PC 03- 28- 17.docx Oldian ce Regluation Related to Chickens Setbacks Cdbp R- 1111on5 Fencing Requirements Link to City Code Wing District Chickens Per —d reage Required Required AddTional Requirements Imponding Chickens Property LineS(min) Adjacent lnh abited S- 11-5(min) Anoka All 4TOtal Max wThin Cty U -mT5 p No No Roosters 5 5 omply with Zoning and Building Lodes C Ban, San, 1y, fully enclosed Fully Enclosed Facilities htm: / /www.ci.anoka.mn. us /vertical /SteSI8213A9A90.CeE1- ID /uploads /Article IVf6l.gdf Burnsville All 4TOtal Max p $Sp nse Fe arepelmTe Police Depalement Enforce Nb ncipal building8reg5u Bed on property Grains and feed stored in rodent- f proo n large Not allowednothlometan d /o1 garage tP days tP 5P —1 all building and zoning codes Backyard only oopmax tP Sq k /chicken and max height 6 ft oop Elevated min o412in /max 24 in above gra defog ci mutation exceed 2D sq ft /chicken Nood or woven wire material teceve overhead netting to separate from other anima s Full y Screened with Solid Fence or Lan dSCa d eufkr -M n of 4'hei ht and pe g Max 6'height hlp: / /stxr lingc odifi e rs.com /,odeb- k /nd- .phplb -k_,d =468 &cha "d= 22149 #596939p ptel_i htp: / /www.burnsvill e.org/docu mentcenter /view /1888 Hating Reside nti al Property School Museum 4 1 s approved by City Council NENpddll � tcfynp'_'y owners within 35p'of Wing Commission meeting with land or transferable un - Staff inspect property prior al probationary period before fully grant se fee No roo5te r5 ood containers and feeders mu St n of be accessible to rodents and wild birds 5 business days Falule to claim revoke license 25 25 Completely covered e1cl.1d to protect from elements and predators Solid floor Maintain sane y onditions Fully Enclosed Facilities h,lp: / /www.ha,tingmn..ov /home /ShowdocumentTid =1985 Jordan Residential Property 4TOtal Max 1p,E Sq ft Backyard Chicken PermT No Roosters 25 25 ated in Rear Yard ax oop Sze ofc4E sq k- min 4 sq ft per chicken axheight of 1p' Fully Enclosed and Covered Fact 5 htm: / /Ibrarv.amle ®Isom /nxt/eat ay.dll /Minn1511h1rdan mn /tTl eixeen eralreeul aeons /chant mat Sif- template55fn = default .htm53.p5vid= amleeal:iord an92mn�5ancaD 9 Otsego All Residential Districts tP P Fowl Keeping License Roosters, Male Peacocks or Water Fowl Required Setbacks of Plincipaleulding5 in Respective Zoning District Doubled Side Yard Setback - Located in Rear Yard Fully Fenced Outdoor Yard httg: / /www.ci.otSeQO.mn.0 s /vertical /Stec/ % —2448C9 -1D69- ]D /uploads / %7BEE]C4F55 -83C2- R a y All 48 (Less than 3ACre 5)Sliding Scale 5'51 - eael Than 3ACres) p F Ttl ee ie 0-5-5 N R t 1p 3p Fully Fenced ExemiSe Area n -opaq uefenci ng- 1p'Setback from allf property lines hops: / /www2 municod e.com/library /mn /ram5ev /codes /code o wdinance5in odeld =Pl1 Rochester All 2Max- Educataon/I nStTUational Use p Required Perm yd' l permit Gra Wed by common count ovide scaled diagram and locations of Poop, run, distance from propettyline5, structures and sizes eedand manukre mu5tekeep rod ent and coon proof containers and not placed in yard compost piles Suspended or revoked permT by cou net action guilty of misdemeanor 25 oopm— E5gft /chickenand maxheighl- Coop- elevati oned atleast 24 in oop fl ool constructed u5i ng rod ent rest Stant nclete e Bed 2p Sq it /chicken Not or woven wire material _ teceve overhead netting to separate from other ain ain sane ond,t,— Fully Screened with Solid Fence or Lan dscaped eufkr- Min of4' height and Max 6'height htm5: //If.roche Stermn. eov/DOCUm nt5 /p/DOCf3339/Electronic.a 2 Shakopee All 5 Total Max P No ncipal building required on property Grains and feed stored in rodent -proof n large Not allowednothlometan d /01 garage 3 business dag tP 5p Backyard only Coop No larger than tP sq ft / chicken and ma height 6 ft Coop min of l2in /max 24in above grad efor ci rcul ati on e Bed 2p Sq k /chicken Nood or woven wire material teceve overhead netting to separate from other Fully Screened with Solid Fence or Landscaped Buffer -Min of 4'height and Max 6'height htro; 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Ell le"ple— ee uel,on 1) 1 p,opel, ne, Ileanl,ne,, lanla,l, 1— 11 al lea,l . .1 adlko. Ide lanle le, No ke-lell,olchlIke, -1—on ol.I)I,e.e,anl le, "I'd Elale, Tal, ple I m I em,n I lo Ile 11, ol Elk Il 1. Ell le, 'plea e ee uel,on 1) 1 uppol Num le, Ikken, T,pe Ikken, 'no mol—1 11 ,lean I le, le-e marerkal N 0 N 0 pe,m one d,u,eI lel a,�am eraa Ilan I I a N 0 1111d k,l, lake lo.n,l,p dl, leam e,pon,,I,I,W In a,­ llem 1,W ol Elk I,ke, 111. Ell No ple— ee uel,on 1) No—, lel, naia,amrex l I III— Ile 1,W ol Elk I de, I a—, lo I I a—, No "I'D —1.00I ll 1. Ell lel Plea le lue"Ol 1) lula,nalle or emene, I uppol 11 �n Ile opeo, l,ne N —lode., hke-lell,olcIlde, N um le, pe ll 1. Ell le, 'plea e uel,on 1) lula,nalle or emene, �h en' 1 p 11 nl lea" .1 aim.rme lanle N o N o pe—d­ e,u,,el N o I ke In Ile 1,W naek I de, I a—, lo I I a—, le, sss —1, cm N o 1--on Imm nel,11— N um le, pe nmum 1 11 len—e,enla p,oll m 11 —1 111. Ell No ple— uel,on 1) N o,,e, oaor, -le manalemenl 'e, 1aI Ille ­, I I I al -a—en-- hke-lell,olchlIke, I a—, lo I I a—, le, "I'D eelell 11,don Pleen'� �h en' a, ea Tnpee,� hl'a nol�aahlon 10�� p l I �l lea" .1 N 0 smasonM EIT le,,plea,e uel,on 1) 1 uppol Num le, Ikken, T,pe ol Ikken,'no mol—1 11 n Ile opeo, k e=ia N 0 N 0 pe,m lel 1-1 a I III— Ile Gnn Ell I de, I= N u m ,ha I n, m u m hkl� 'n Oen ware I ll 1. Ell No ple— uel,on 1) N paup1p hha,�,eh,�lene�noo Ile phope, dean na es nl lea,, .1 le-d h. p le, p uy1Z Za len�wanl ye' `e k1un p P,'eoape hl anme I Ile 1,W Elk I de, 1 10 1 1 al,le, Ye, "I'D Elk aeemma lounk,l lonl,donal u,e pe-1) Iou Numle, Ikken, T,pe o-khen, 'no mole,,), lol ll 1. Ell No ple— ee uel,on 1) eomr, -le manalemenl rs na leas' .1 yes Yes, applhhalIon w1d, Ikken lals N 0 1 Ile 1,W Elk I de, I lo I I —es No "I'D Elk Agar ,un a,ek, le-el In a,ek, 11,Ihen Tals Elul,alonal pu,pose, lusla, alle o, The1w e lep-11 In Ile, la,len Ilewoull eal luls and eaeaa 1. Ell Yes 'plea se see uel,on 1) 'NuuIra ol ,,ken, lean,ness lanla,ls, I— ol oops and 11 ,leas, .1 N 0 N 0 pe,m I Ile 1,W Elk I de, I lo I I —es Yes "I'D Elans lenue vmem lo,ale lo, look 1YI nol In ell --swas In ll laul T'le amounl .1� penl .1p an 1. hIl p e p he, should he lasel on haad I` I Elul,al onal pu,pose, lula,na Ile o, N u le, 1, he n T,pe lD 11 ll— EIT Yes 'please see uel,on 1) lden I suppol allow,ng lklens leas, .1 N N 0 pe—dng e,u,,el Yes 1w, al I lIve In Ile 1,W ol Elk I de, I —es lo I I No "I'D I lo u I I he m a n g p and see ,aura amn °,Ina moor ®, aemeou'l' e w g ngk '11 he n ;9 rz I amun mev.ni loans,., I Izke 1. Ell Yes 'plea se see uel,on 1) 11 1 leans le, e=ia NO N 0 pe,m I-Ing d,u,eI No I l,ve In Ile 1W ol Elk I de, s= I yes lanIke I I love lo lave Ills opl,on non Numle,ol pe N . n mum dl=�,nhdm 'no mole,$), lol sI,e, 111. Ell No 'please see uel,on 1) yes p) N yes Im m p pe 1, 1, n es, 11 ea n 1, n a I n, 1m.u.m.1`ds,',a I len le' le-el In a,ek, 'pe and I-akon olle-el ll— EI es 'please see uel,on 1) Eglu"l:n,' Ile o, I T,,OppeeoZ�n�eksens Inn mosle,$), .-mum -an,el,om I lea, Ile, NO No °e—ding d,u,eI No I l,ve In Ile 1,W olck Ide, I —es lo I I —es Yes "I'D I ng Ildl rvw lens should he a howel w1houl pe-1 p kh — EI es 'plese see uel,on 1 gl- Pour OOne lul,nall I suppol alow,g Ikkens e ol Ikkens 'no moe,s zoo na lea, Ile, NO No °e—ding d,u,eI No In le 1W olck Id k,elllan I I a,d No I' I-ng Ildl rvw las ng hen s paoglee n n Ispa les letween Ile haves and lave nols 11 Ih EIT Yes 'plea se see uel,on 1) Eglu 11 e o, I suppol allow,ng Ikkens 1— Ile ope,, l,ne ndlhow Ide lange No N o pe—dng e,u,,el Yes l 'a. ng heunghnm"' I l,ve In Ile 1W ol Elk I de, I —es lo I I —es No "I'D I ng Ildl N p lD hen��wahllo, o,nglo Elk I—, fmm —no 111—es Yes 'please see uel,on 1) yes I lIve .enure 1W of Elk I de, k,eal lhan I sage, NO "I'D Illel N Elk I,— kkk E Zga 'nod �he, I suppol allow,ng hkkens lea, I fe, NO N 0 pe,m I-Ing d,u,ed Id fe-e I he Ih,s o,d,nanl,e should lose, I hopelhe E t -ludes lhose w1h less lhan I alds and do not have kh, --- ---- --- - ------ rye i.e fneary of M I — rerine No se, Olo,, N.,se, lel, 01, Wasle City of Elk River — Urban Chicken Survey 2017 CHICKEN or EGG ?? Many of us have eggs in our homes, a growing number have expressed an interest in raising chickens. Residents on large lots outside of the Urban Service District (without city water and sewer) are permitted to raise chickens and other agricultural animals. This survey seeks to determine the level of interest for permitting chickens WITHIN the Urban Service District. Urban Service neighborhoods have smaller lots and denser neighborhoods. Please take a moment to provide your input regarding urban chickens! 1. Do you think residents should be allowed to keep chickens (laying hens) within the urban service district (connected to city sewer and water) of the City of Elk River under certain guidelines? Yes (please see question 2) No (please see question 3) 2. Why do you think chickens should be allowed within the urban service district? (Check all that apply.) Educational purposes Sustainable or "greener" living Economical Other (please specify) 3. Why do you think chickens should NOT be allowed within the urban service district? (Check all that apply.) Noise Pests Odor Waste Management Predators I support allowing chickens Other (please specify) Urban Chicken Regulations Thank you for identifying your support for urban chickens in the City of Elk River. The city understands there may or may not be support for urban chickens. If you are NOT in favor of urban chickens you have the option of skipping this section of the survey and proceeding to question number 12. However, if urban chickens are going to be permitted within the urban service district (connected to city sewer and water) what would you like to see regulated? 4. If guidelines are written to allow chickens, what restrictions do you think are important to consider? (Check all that apply.) Number of chickens Type of chickens (no roosters) Lot size Minimum distance from other houses Minimum distance from property lines Cleanliness standards Size of coops and run area Fenced in area Type and location of fenced area Permission from neighbors Other (please specify) 5. What is the maximum number of chickens that should be allowed per property? 0 1 -3 4 -6 7 -10 6. What is the minimum distance a chicken coop and runs should be allowed from the property line? On the property line At least 5 feet At least 10 feet At least 20 feet 7. Do you think chickens should be required to remain within a fenced in area or allowed to free range. Require Fences (chain link or non - opaque fence material) Require 100 Percent Opaque Fences (cannot see through) Allow Free Range 8. If your neighbor wanted to have chickens would you want to be notified? Yes No 9. Should people wishing to keep chickens have to apply for a special permit so the conditions can be monitored? Yes, application and chicken tags (similar to dog license) Yes, application and site inspection Yes, review with public notices, public hearing, and approval by City Council (conditional use permit) No permitting required 10. Have you ever kept chickens or known anyone in an urban area that has kept chickens for the purpose of urban farming (this information will NOT be used for code enforcement)? Yes No 11. If yes, please describe any of your positive or negative experiences with urban chickens. 12. Are you a resident of the City of Elk River? I live in the City of Elk River I do not live in the City of Elk River, however I have friends /family who live in the City of Elk River I do not live in the City of Elk River, but wish I did! 13. What is your property lot size? Less than 0.3 acres (typical subdivision lot with sewer and water) 0.3 acres to 2.5 acres Great than 2.5 acres Other - Apartments, condos, duplex, etc. 14. If you are a resident of the City of Elk River, do you live in the Urban Service District? (Connected to city sewer and water)Less than 0.3 acres (typical subdivision lot with sewer and water) Yes No 15. Zip Code 16. Neighborhood (Optional) 17. Comments (Optional) E City i River To: From: Date: Subject: Memorandum BrieAnna Simon Brandon Wisner, Stormwater Coordinator Amanda Bednar, Environmental Coordinator March 22, 2017 Ordinance amendment to expand opportunities for the keeping of chickens in residential areas In accordance with the current city wetland buffer ordinance, I recommend that the associated structures (i.e. chicken coop and run) not be placed in the 45 foot setback. Also, the 25 foot wetland buffer should still be free of structures and mowing to allow the vegetation to properly filter fecal content from this type of use in order to better protect down gradient surface waters such as wetlands, stormwater ponds and lakes /rivers. Associated structures should meet all requirements outlined in the zoning district for properties within the shoreland district and adjacent to bodies of water. Any structures associated with chickens should not be placed in any drainage and utility easement. These structures should also be placed a minimum of 10 feet from side yard property lines to ensure that any drainage easements are not impacted. Manure management should be properly disposed of, similar to how the county soil and water conservation district recommends for other agricultural animal uses. P'0WIHED 8r N: \Departments \Community Development \Planning \Case Files \OA \OA 17 -03 Chickens \6 - Exhibits \Stoimwatei and A ' Enviornmental Memos \stormwater &enviommental 3 -22 -2017 Chickens.docx N RE ddmic ' cd 3-a.d'- /7 Simon, Brie Anna Zip Hermnn <ziphermann621@gmail.com> Sent: Monday, March 27, 2017 9:16 PM To: Simon, BrieAnna Subject: Re: Chicken Ordinance Follow Up Flag: Flag for follow up Flag Status: Completed Hi BrieAnna, As our conversion this afternoon, I was hoping to have at lease(boilers) 12 chickens. I want to raise for meat. they mature in 56 days. if I build a shed would like to use half for the coop and put a little run. meat birds don't like to move a lot. thank you, Zip hermann On Mon, Mar 27, 2017 at 3:06 PM, Simon, BrieAnna<BSimon elkrivermn. ov>wrote: Elk River Residents, Thank you for participating in our survey regarding expansion of the chicken ordinance. The results show support for an ordinance amendment to permit chickens on smaller lots throughout the city. Staff used this feedback to begin amending the ordinance,and the next step of that process will be a public hearing at the Planning Commission next Tuesday, March 28, at 6:30 p.m. at City Hall. This meeting is open to the public, and we welcome feedback from anyone that wishes to show up. The staff report,proposed ordinance changes, and the survey results are attached.Also,a summary of the proposed changes is as follows: (1) No roosters or guinea fowl. (2) No more than 4 chickens are allowed on parcels below 2.5 acres in size. (3) A total of 12 chickens are allowed on parcels 2.5 acres to 5 acres in size. The number of chickens can be increased with a conditional use permit for this in the urban service area. (4) Every person who owns, controls, keeps, maintains, or harbors chickens must keep them confined on the premises at all times in a chicken coop or chicken run. Chickens are not allowed in any part of a house or accessory structure. (5) No chicken coop or run shall be constructed on any parcel of land before construction of the principal building. i (6) All chicken coops and runs must comply with all applicable building and zoning codes and regulations. (7) A chicken coop and run will be considered an accessory structure and will count towards total lot coverage. (8) A chicken coop and run cannot be located in the front or side yard. Corner lots must maintain front yard setbacks from all property lines adjacent to right-of-ways. (9) A chicken coop and run must be setback at least 25 feet from any residential structure on any adjacent lot and at least 10 feet from the property line. (10) A chicken coop and run may not be located within 45 feet of a wetland or stormwater pond. (11) A chicken coop and run must be completely screened from view with an opaque fencing. (12) A chicken coop may be no larger than 10 square feet per chicken and may not exceed 6 feet in height. A chicken coop must be elevated a minimum of 12 inches and a maximum of 24 inches above grade to ensure circulation beneath the coop. A chicken coop must have rodent resistant flooring. (13) A chicken run cannot exceed 20 square feet per chicken and the fencing cannot exceed 6 feet in , height. A chicken run may be enclosed with wood or woven wire materials, and may allow chickens to contact the ground. A chicken run must have a protective overhead netting to keep the chickens separated from other animals. i (14) Chicken grains and feed must be stored in rodent-proof containers. (15) No chicken may be kept or raised in a manner as to cause injury or annoyance to persons on other property in the vicinity by reason of noise, odor, or filth. Thank you, and please contact us with any questions. BrieAnna Simon I Planner 763.635.1034 w 1 763.635.1090 f 13065 Orono Parkway I Elk River I MN 1 55330 P o a i t l s Ever--' Li [NA TUP 2 3/28/2017 Elk R1 iver MN Bulletin Board Elk River MN Bulletin Board O Ceetee Home Find Friends 0 Ceetee Clerk /hand G(, News Feed Messenger SHORTCUTS Elk River MN Bulleti... .1 Elk River City Govern.. 19 City of Elk RiverPolic.. 2 Elk River MN Bulletin Board Closed Group Joined Share Notifications Elk River Energy City 4 t City of Elk River Farm.. 6 Discussion Members Events Videos Photos Files Search this group See More... EXPLORE ADD MEMBERS Ceetee Clerk shared a link. Events 4 hrs Enter name or email address... Pages Hey Elk River,based on the chicken survey results from a few weeks ago, MEMBERS 8,941 Members(104 new) Groups the city is moving forward with an ordinance amendment to allow the keeping of chickens on all residential lots.The Planning Commission will 111 Wit 11i Pages Feed 20+ hold a public hearing tonight at 6:30 p.m.at City Hall.The staff report, Friend Lists ordinance proposals,and survey results can be found here: http://www.elkrivermn.gov/QuickLinks.aspx?FID=257&NID=1 DESCRIPTION See More... ELK RIVER MN BULLETIN BOARD The City Council is also scheduled to hold a public hearing to further CREATE discuss the proposed changes on April 17,at 6:00 p.m.at City Hall.Please "NOTE...See More Ad•Page•Group•Event' contact Planning Manager Zack Carlton with any questions, GROUP TYPE Fundraiser zcarlton @ElkRiverMN.gov.We hope to see you at the public hearing to Neighbors provide feedback and improvements on the current proposal. TAGS Elk River,MN-Official Website Elk River,Minnesota•Bulletin board +myConnections:Engage your community-connect to news,events and information you care about.View more information... CREATE NEW GROUPS ELKRIVERMN.GOV Groups make it easier than ever to share with friends,family and Create Group Like Comment Share teammates. 21 RECENT GROUP PHOTOS See All ® Cory Bosshart Debbie Bosshart Like•Reply• 1 •4 hrs NaBob Bundrock the city cant take care of the dog issue how can they take care �Ar » of chickens Like•Reply• 1 2 hrs III Brian Donnelly replied•1 Reply IQBob Bundrock looks like they want to add a chicken patrol to waste more tax SUGGESTED GROUPS See All payer money Like•Reply•2 hrs Scott Filiatrault Look at allIll those chickens! Like•Reply•1 hr NOBob Bundrock chickens not here yet scott ya need glasses lol Like•Reply•1 hr Liz Scott Zimmerman Bulletin Board IF IT PLEASES THE CROWN; Join 5,780 members e MIGHT I BE ALLOWFO JO RAISE SMALL POULTRY TO PROVIDE NOURISHMENT ON THE PROPERTY WHICH I PAY FOB? Chat(Off) https://www.facebook.com/groups/162931910565150/perm al i nk/660848624106807/?com m ent_i d=660924727432530 1/3 3/28/2017 Elk River MN Bulletin Board Elk River MN Bulletin Board .e: Home Find Friend, MI Like•Reply•1 hr •Ceetee Clerk i r • Emily Giles YES CHICKENS! Like•Reply•1 hr News Feed lit Emily Giles Forget the chicken haters.They're amazing " `` Messenger . g Like•Reply• 2•1 hr Bundrock r my zebras legal SHORTCUTS 1 Like Bob•Reply 1 hr Elk River MN Bulleti... St.Cloud Area On-Line NI Bob Bundrock and my two elephants Elk River City Govern... Like-Reply•1 hr 18 18,9963 63 Sale Join members E City of Elk River Polic... 2 Emily Giles They're chickens... Calm down.,," * Elk River Energy City 4 Like•Reply• 1 •1 hr Buy and Sell Groups Near You kr City of Elk River Farm.. 6 Bob Bundrock they r good eatin Like•Reply•1 hr ' KE COMMUNITY FOOD S See More... • Emily Giles Exactly.So people should be able to raise their own • , TASTE (WINE WHITE ■ EXPLORE Like-Re I 1 hr , ..- ' Events IIII Bob Bundrock and if they wonder in someone elses yd free dinner THE FRIENDLY BUFFALO BANQUE Pages Like•Reply•1 hr • Emily Giles Oh my god. Groups Why are people so backwards, Big Lake Area:Buy-Sell-Trade Join Pages Feed 20+ Like•Reply-1 hr 13,895 members gi Bob Bundrock mayb they don't like free food Friend Lists Like•Reply•1 hr ,;: „` Ii See More... a Emily Giles What do you have against chickens?What did they ever do to xm y ;T, `�;rer,i r ,� CREATE you? °l 9�t �"� `z� ,�. '� ,�1 Like-Reply•1 hr =-+" tK Ad•Page•Group•Event 4 4: s ab .44," Fundraiser le Bob Bundrock chicken is good but free is better - I Like•Reply•1 hr ' s ° "wusrmtcr Michele Olesen It makes me laugh that chickens have been legal in NEW Elk River/Big Lake/Maple "J Minneapolis for quite some time,and Elk River is just now getting to it.They Grove/Rogers/Zimmerma... Join will only be allowing 4 hens...you most likely wouldn't even know if your 9,732 members neighbor had 4 hens...they are quiet and don't require too much upkeep/work. Like•Reply• 3•55 mins iiiStephen John Langanki Except the lovely smell of their owner doesn't clean to coop often enough during the summer. English(US)•Espanol•Portugu&s(Brasil) Like-Reply•5 mins •Francais(France)-Deutsch IVMichele Olesen With four chickens?Really,they'd really have to be • slacking.Someone who doesn't clean up after their dogs is going to Privacy•Terms•Advertising•Ad Choices have a LOT more of a smell issue. Cookies More Like•Reply•4 mins Facebook©2017 • Write a reply... III Bob Bundrock plus good eatin Like•Reply•50 mins Kelly Fisher Minneapolis has many problems...a chicken rescue has been IA created. Chicken Run Rescue. https://www.facebook.com/Chicken-Run-Rescue-475016785200/ Like-Reply•30 mins IleBob Bundrock did ya read dat Michele don't sound good Like-Reply•27 mins irKelly Fisher I don't think slaughtering will be allowed.I lived in Brooklyn Park and this issue came before council a few times and was voted down.Too hard to keep track of people with chickens and possible future complaints.Plus Brooklyn Park is full of cohorts,not a good place to be putting chickens in backyards. Like-Reply•24 mins ligZach Pllarskl I saw in the proposal they kept referencing smaller lots.What is the ordinance on land use(chickens,ducks,etc.)for lots larger than 4 acres? Like•Reply•11 mins iiiJoseph Blum Sam Baxter Like•Reply•8 mins ® Write a comment... Chat(Off) https://www.facebook.com/groups/162931910565150/perm al i nk/660848624106807/?com m ent_id=660924727432530 2/3