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Home My WebLink About2012-09-19 PACKET 05.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 9/19/12 ae PREPARED BY Community Development John McCool ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Response to Open Forum: Chickens and ducks in urban residential neighborhoods STAFF RECOMMENDATION Response to Open Forum: Chickens and ducks in urban residential neighborhoods BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY REVIEWED APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated 9/13/12 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Information from 4/18/12 City Council meeting regarding urban farming ADMINISTRATOR'S COMMENTS Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: September 13, 2012 RE: Chickens and Ducks in Urban Residential Neighborhoods Introduction At the City Council meeting on September 5, 2012, Rynka and Brian Olson, 8153 Jeffery Ave- nue, and Bob Burtman, 9476 Harkness Court, requested that the City Council consider amending city ordinance regulations to allow chickens and /or ducks on urban residential lots that are less than five acres in size. This matter was referred to the Community Development Department to research and respond to the City Council and both residents. Background At the April 4, 2012, City Council meeting, Councilmember Olsen requested information on the City of Minneapolis' recent adoption of ordinance amendments allowing "urban farming." A re- sponse to the City Council was prepared by Robin Roland and presented to the City Council at their meeting on April 18, 2012. The City Council received Roland's report and took no further action. A copy of the urban farming materials distributed to the City Council at the April 18, 2012 meeting and an excerpt from the approved City Council minutes for April 18, 2012 is attached. The Olsons reside at 8153 Jeffery Avenue and have requested that city ordinances be changed to allow three or four chickens as pets on their property. Their residential lot area is approximately 8,276 square feet (0.19 acres) and is surrounded by other single - family residen- tial lots that are similar in size. The Olsons' chickens were the subject of an initial complaint about the chickens on July 10, 2012. A site visit revealed other ordinance violations (i.e.; exterior storage, trash container storage, and grass /weed height). A notice was mailed to the Olsons on July 13, 2012 with a deadline for compliance of July 27, 2012. On August 7, 2012, another letter was mailed to the Olsons reminding them that the chickens still violated City ordinances, and a second com- pliance deadline was set for August 15, 2012. A warning letter was mailed on August 15 in- forming the Olsons that the final compliance deadline was August 22, 2012. Enforcement was deferred since the Olsons informed City staff that they were going to discuss this matter with the City Council on September 5, 2012. Another complaint about the chickens was received on August 13, 2012; the complainant is frustrated that enforcement is taking too long. Furthermore, City records show that these same issues on the Olson property were dealt with in 2011. Honorable Mayor, City Council, and Ryan Schroeder Chickens and Ducks in Urban Residential Neighborhoods September 13, 2012 Page 2 of 3 Bob Burtman's request to allow four ducks on his property arose from a complaint lodged with a Cottage Grove Community Service Officer (CSO) about the ducks on his property at 9476 Harkness Court. The CSO visited the property on August 18, 2012, and left a door tag notice informing the property owner that the ducks violated city ordinances. This notice instructed the property owner to correct the offense within ten days. At the September 5, 2012, City Council meeting, Mr. Burtman presented a petition signed by homeowners from surrounding properties that did not object to the four ducks he has on his property. Mr. Burtman's parcel is approximately 11,762 square feet (0.27 acre) and is a corner lot. Other single - family residential homes and lots surrounding Mr. Burtman's property are about the same size as Mr. Burtman's property. A copy of this memo and documents referenced in this memorandum will be mailed to both property owners on September 14, 2012. Ordinance Requirements Cottage Grove's ordinance regulations allow farm animals in all zoning districts, but the prop- erty must be a minimum of five acres. The number of farm animals allowed on property greater than five acres is limited by the Minnesota Pollution Control Agency's recommended animal units per acre. The City's Zoning Ordinance definition for "Farm Animals" reads as follows: "FARM ANIMALS: Horses, cows, sheep, bees, pigs, chickens, ducks and other commonly known animals normally associated with farms, but excluding customary household pets." The City's Zoning Ordinance provides the following regulations (highlighted in bold lettering) for residential lots with less than 40 acres of land: Title 11, Chapter 3, Section 7; Farming Operations in Residential Districts: 1. Parcels Less Than Forty Acres: The keeping of any farm animal on parcels of less than forty (40) acres in size shall be permitted, subject to the following conditions: a. The property must contain at least five (6) acres in contiguous ownership or leasehold. b. The property must contain at least one and one -half (0 2 ) acres of land per animal unit. This number may be exceeded only by conditional use permit. c. All buildings intended to house animals shall be set back at least sixty feet (60') from all property lines and at least three hundred feet (300') from a dwelling other than the dwelling on the property in question. d. All pens, yards or other confinement areas, excluding pastures, where animals are kept shall be set back at least sixty feet (60') from all property lines. e. The Minnesota Pollution Control Agency does not require that a feedlot permit be issued. 2. Parcels Larger Than Forty Acres: The keeping of farm animals on parcels larger than forty (40) acres in size is permitted, subject to the following conditions: Honorable Mayor, City Council, and Ryan Schroeder Chickens and Ducks in Urban Residential Neighborhoods September 13, 2012 Page 3 of 3 a. All buildings intended to house animals shall be set back at least sixty feet (60') from all property lines and at least three hundred feet (300') from a dwelling other than the dwelling on the property in question. b. All pens, yards or other confinement areas, excluding pastures, where animals are kept shall be set back at least sixty feet (60') from all property lines. c. The Minnesota Pollution Control Agency does not require that a feedlot permit be issued. Discussion In the past, similar requests to allow farm animals on urban residential lots have been re- viewed. The requests were for homing pigeons, sheep, pigmy goats, and pot -belly pigs. Amendments to the Zoning Ordinance to allow these farm animals on residential lots smaller than five acres were not previously supported by advisory commissions or City Councils, pri- marily due to neighboring residents that had concerns for adverse impacts to their property. An internet search concerning farm animals on urban lots references the following issues: • Abutting property owner's dogs and /or cats bother the fowl. Cats sit on coops or dogs bark at the chickens. Owner of the chickens wanted the City to do something to stop the barking or preventing the cat from trespassing. • Droppings are not picked up and properly disposed. • Parts of the lawn where animals are allowed to exercise or wander may eventually be- come exposed soil. This might be unsightly and cause drainage issues for neighboring property owners. • If the owner does not address potential adverse impacts, then city officials and staff get caught in the middle of two property owners that disagree. • The number of small animals on an urban lot should be limited as a cumulative total. It could be a problem if a homeowner has three dogs, three cats, four chickens, and two rabbits. • • -a The City Council should give direction on whether preparation of an ordinance amendment allowing farm animals on urban lots is desired. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM# 9 DATE 4/18/12 0 4 PREPARED BY: Community Development Robin Roland ORIGINATING DEPARTMENT DEPARTMENT HEAD I I * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * COUNCIL ACTION REQUEST: Response to Council Comments and Requests: Urban Farming STAFF RECOMMENDATION: Information for Council consideration. BUDGET IMPLICATION: NIA _ BUDGETED AMOUNT ADVISORY COMMISSION ACTION: DENIED DATE REVIEWED F PLANNING ❑ ❑ PUBLIC SAFETY ❑ ❑ PUBLIC WORKS ❑ ❑ PARKS AND RECREATION ❑ ❑ HUMAN SERVICES/RIGHTS ❑ Fj ECONOMIC DEV. AUTHORITY R 11 0 SUPPORTING DOCUMENT E] MEMO /LETTER: Roland 4/13/12 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: E] OTHER: Articles. Survey/sprea ADMINISTRATORS COMMENTS: Daiee I I * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * COUNCIL ACTION TAKEN: []APPROVED ❑ DENIED FIOTHER N/A ACTUAL AMOUNT APPROVED DENIED ❑ ❑ 11 F El El 0 ❑ El E] ❑ Vj items\City Council Action Form.doc City of Cottage Greve Community Development Department Memo TO: FROM: DATE: SUBJECT: Introduction Honorable Mayor and City Council Ryan Schroeder, City Administrator Robin Roland, Finance & Community Development Director April 13, 2012 Response to Council Comments and Requests: Urban Farming At the City Council meeting on April 4, 2012, Council member Olsen requested information on the City of Minneapolis' recent adoption of changes to their zoning code which allows "Urban Farming ". Discussion The City of Minneapolis has adopted a zoning code text amendment which approves two new land uses — for market gardens and urban farms. The amendment sets development and design standards for these uses and expands urban agricultural land uses in all zoning districts. A copy of the press release from the City's website is included with this memo. Councilmember Olsen has also requested information on the keeping of chickens within the City limits under the current zoning code. Under the City of Cottage Grove's ordinance regulations, farm animals (fowl including chicken, ducks, turkeys and geese) are allowed in all districts but the property must be a minimum of five acres in size and the number of animals is based on the PCA's recommended animal units per acre. There are also minimum setbacks between the residence and the structure housing the farm animals. A survey /spreadsheet of communities and their regulations regarding the keeping of chickens is also attached with this memo. Requested Action This is for information only. C) 15 J-- m co Fv - CL u 0 CD O 7 0 E 0 _0 2 m - E I t s , =� E T a) 0 E T Z5 i3; -T Cl <D .9 m -�6 c = Z5 �a - E ca CL 15 0 WD cr. cn CD E 2ml C) O Cl. C7 LL N CD 0 ca E 41 ' n 0 Q Z5 C C> '3 15 LU At 16 15 X cu 0 2 Co N- Co :D 10 15 tu X-- r-L N 5 co E 0 0 U- 0 E cu m E a) m -0 Z,- ID 0 CL 9 4- 0 ID 0 0 t!! 2 CD co co 0 . 2 0 0 - L) r_ "a E , OR - 0 CL cr CL 0 2 co O i6 co (D IZ C 75 15 ID CL ID S9 m r- Z- 3 12 0- E � (D -0 U) 75 CL 0 0 q) :E LL 9 LL a- 0 2 C" aj "C3 ui q) ID CL 0 co 2 E co CL 42 0 o 15 0 P cu E E I IZ co L ID L= ca N I ' D E 2 "D a E R: c c" w rn � n . 76 n� ° cv p CK CL -cz m a) 77 0 In k2 03 w cm In CD w CC ca O Q) :s: = C m�r (D CL C7 d IQ 64 O q CL m cc It N 0 C (D Z o m > 23 a) 75 IL 2 > 1� (D ID E w U) 0 co (D CP 0 w LL. ai L Cottage Grove City Council pril 18 2012 Regular Meeting THE CITY OF COTTAGE GROVE SUPPORTS THE ISSUANCE AND THE ADDITION OF THE ENVIRONMENTAL COMMISSIONS SUGGESTION AROUND STACK TESTING. MOTION CARRIED. 4 -1. (COU C1 MEMBER LEFIRKE VOTED NAY). RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS A. Urban Farming The Council received the staff report on urban farming. No action taken. 10. COUNCIL COMMENTS AND REQUESTS Council Member Olsen asked staff to provide the City Council with an update relative to a suggestion for additional IT support for the Public Safety Team. He would also like the community to receive an update from our Economic Development Director Danette Parr on her efforts to drive development and business growth and retention here in the City of Cottage Grove. There was a comment made during Open Forum that the person would Like the City Administrator to address about the Drive -In site and its owner. Lastly, he invited the public to attend a community conversation that he would be hosting to provide education around some of the issues floating around the City. City Administrator Schroeder stated that the Cottage View theatre is a transaction that the City is not involved with. The City finds itself in its normal role as a regulator and what has occurred is an owner of private property, the Apache Chief Theater Company, has entered into a purchase agreement with another end user to sell the land to another end user, Walmart, to buy the land. The City is not involved in the transaction. It is a transaction between a willing buyer and a willing seller. Council Member Tbiede stated that the Lions Club is sponsoring a Circus on April 25 at the Cottage Grove Ice Arena commencing at 7:00 p.m. Mayor Bailey announced that on April 28 at 9:00 a.m. to noon, Public Works was hosting their Annual Arbor Day Event and the first 125 residents to attend would receive a free tree. In addition, there would be the first Shreds Mobile Shredding Service which is also free of charge. If you would like to pre -order a compost bin or rain barrel, you can order them online at www.recyc Council Member Peterson stated that April is Volunteer Appreciation Month and she thanked all the volunteers who put in their time; the Chamber Showcase is on April 26 from 5:00 P.M. to 8:00 P.M. at the Cottage Grove Ice Arena; the Cottage Grove Human Services /Human Rights Commission has sponsored an essay poster and video contest specifically about human rights and human services issues and the topic for this years' contest is "what cineo de mayo means to me" and that is open to