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7.4 SR 05-16-2022 Request for Action To Item Number Mayor and City Council 7.4 Agenda Section Meeting Date Prepared by Public Hearings May 16, 2022 Chris Leeseberg, Senior Planner Item Description Reviewed by Ordinance Amendment: Keeping of Chickens, Zack Carlton, Community Development Director City of Elk River Reviewed by Cal Portner, City Administrator Action Requested Adopt, by motion, an ordinance amending City Ordinance Section 30-803, animals. Background/Discussion Case No. OA 22-03 The city is requesting an ordinance amendment to clearly outline how many chickens are allowed on parcels 5 acres or larger. The ordinance is clear that 12 chickens are allowed on parcels 2 ½ - 5 acres but it is not clear to reference the table in Section 30-803 for parcels larger than 5 acres. This proposed clarifying language does not change any current regulations on chickens. Staff also proposes limiting roosters only to the R-1a zoning district (outside of the Urban Service District) which is consistent with the 2 ½ acre parcel size. Planning Commission The commission had a few questions regarding complaints. Staff indicted the most complaints are on parcels where chickens are not allowed. During the public hearing, no one spoke for or against the request and staff has not received any comments since the commission meeting. The Planning Commission unanimously recommended approval. Attachments  Ordinance The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: August 2020 Strikethroughs to be removed Underlines to be added Ordinance 22 - ____ An Ordinance Amending Chapter 30, Section 30-803, Animals of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § Section 30-803, Animals of the City of Elk River Code of Ordinances shall be amended to read as follows: (1) Number and type of chickens. a. A maximum of 12 chickens (hens) are allowed on parcels two and one-half to five acres on all residentially zoned properties in the city. a.b. For all residentially zoned properties, larger than five acres, the number of chickens shall be as outlined in Section 30-803 (e)(2). b.c. For parcels within the R-1a zoning district, the number of chickens can be increased with a conditional use permit, as described in this section. c.d. Chickens are not permitted on parcels below two and one-half acres in size in the R1-b, R1-c, and R1-d zoning district. d.e. Roosters are not permitted on parcels two and one-half acres to five acres in size, unless a conditional use permit is granted on parcels within the R-1a zoning district only. SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 16th day of May, 2022. ______________________________ John J. Dietz, Mayor ATTEST: _______________________________ Tina Allard, City Clerk Last Updated January 2019 ChickensOrdinance Amendment Background 1a district-Discuss/recommend limiting roosters only to the RDoes not change any current regulations on chickens803 (e)(2)-Added text referencing Section 30acres or largerClearly outline how many chickens are allowed on parcels 5  Background Planning Commission The PC unanimously recommended approvalcommission meetingrequest and staff has not received any comments since the During the public hearing, no one spoke for or against the chickens are not allowedStaff indicted the most complaints are on parcels where The PC had a few questions regarding complaints Action Requested 803, animals.-Section 30Adopt, by motion, an ordinance amending City Ordinance 