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Home My WebLink AboutCAP 2011-08-08 COMPLETE AGENDA PACKETCity of Tukwila Distribution: V. Seal Mayor Haggerton Community Affairs J. Duffie D. Quinn S. Hunstock C. O'Raherty Parks Committee A. Ekberg J. Hernandez S. Kerslake Matej K. Mate D. Robertson O Verna Seal, Chair O Joe Duffie O De'Sean Quinn AGENDA MONDAY,, AUGUST 8 2011 CONFERENCE ROOM #3, 5:00 PM Item Recommended Action 1. PRESENTATION(S) 2. BUSINESS AGENDA Regulations regarding livestock, small animals a. Forward to 8/22 COW and fowl. and 9/6 Regular Mtg. Jack Pace, Community Development Director 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monday, August22, 2011 Page Pg.1 S The City of Tukwila strives to accommodate those with disabilities. Please contact the City Clerk's Office at 206 433 -1800 (tukclerk @tukwilawa.gov) for assistance. x City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: FROM: DATE: SUBJECT: ISSUE Mayor Haggerton Community Affairs and Parks Committee Nora Gierloff, Deputy Community Development Director August 3, 2011 Tukwila's Animal Regulations Should Tukwila's Animal Regulations at TMC 7.08 be revised to allow chickens to be kept on smaller lots? BACKGROUND A citizen comment made at the May 16, 2011 Council Meeting requested that the City modify TMC section 7.08 to allow increased opportunities for residents to raise chickens. The following table compares the restrictions on chicken keeping in the South King County jurisdictions of Burien, Des Moines, SeaTac, Kent, and Renton, as well as Tukwila and Seattle. Also noted is the year in which the current regulations were adopted or revised. City Seattle Renton Kent SeaTac Min. Lot Size NONE 6,000 sq ft 5,000 sq ft NONE Setback: Lot Line NONE 10 ft* loft NONE Setback: residence loft NONE NONE NONE allowed* 8 3 3 5 Regs Revised 2010 2010 2007 2005 Burien NONE 20 ft NONE 3 2002 Des 22,000 sq ft 35 ft 45 ft 10 1981 Moines Tukwila 10,000 sq ft 20 ft 65 ft 12 I 1956 *Number allowed typically increases with lot size. Renton allows more than three chickens with an "additional animals permit." Renton allows chickens in rear yards only. SeaTac allows a total of 5 "outside animals," which includes chickens. Sources: Seattle Municipal Code 23.42.052, Renton Municipal Code 4 -4 -010, Kent Municipal Code 15.08.070, SeaTac Municipal Code 15.12.015, Burien Municipal Code 19.17.100, Des Moines Municipal Code 18.33.070, Tukwila Municipal Code 7.08 These results reveal that Tukwila's regulations at TMC 7.08, adopted in 1956, are the oldest and among the most restrictive of those examined. In the category of minimum lot size, Tukwila has the second most restrictive requirement, as no chickens are allowed on lots smaller than 10,000 square feet. Tukwila's setback requirements are the most restrictive of the jurisdictions examined requiring that structures housing chickens be set back 20 feet from any lot line and 65 feet from any place of human habitation other than the owner's. WA2011 Info Memos \chickens.doc1 08/03/2011 1 INFORMATIONAL MEMO Page 2 Distribution of LDR Parcels by Parcel Area Iii 111M 1400 I 1000 L 800 L 600 Will MIM 200 0 1239 491 �c 7P UALo 10,000 20,000 20,000 or larger Parcel Size (in square feet) The results of this analysis and possible changes to TMC 7.08 were presented to the Community Affairs and Parks Committee (CAP) on July 11 The Committee's direction was to focus changes to the code specifically on chickens and related housekeeping items, leaving the rules relating to other livestock, small animals and other fowl to be addressed at a later date. DISCUSSION The attached draft ordinance revises TMC 7.08 in order to accomplish the following: Allow chickens to be kept on parcels that are 6500 square feet or larger. 6500 square feet is the minimum conforming lot size in the Low Density Residential zone. This change will affect 1,415 LDR parcels in the city, 37% of all LDR parcels analyzed and an even larger percentage of parcels currently in single family use. Reduce setbacks to 10 feet between enclosures (coops, etc.) or fenced -in run areas and any residence or property line. Allow one chicken per 1000 square feet of parcel area. Prohibit the keeping of roosters, a common prohibition in urban areas due to noise concerns. Simplify the handling of animal waste and require that areas used by animals be kept clean to control odor, disease and pests. Exempt animals kept as pets from regulation in Chapter 7.08 as they fall under the more recently adopted Chapter 7.12. Specifically, guinea pigs, hamsters and parakeets are considered pets, while chinchillas and pigeons are now treated in the same way as rabbits. Delete obsolete references, such as those referring to a health officer or building superintendent. References to a health officer will instead refer to code enforcement officer. Allow residents to keep all animals that were legally owned before the changes are enacted. 1415 WA2011 Info Memos \chickens.cloc2 08/03/2011 2 iii ii 11 1 111 INFORMATIONAL MEMO Page 3 RECOMMENDATION The Council is being asked to forward the ordinance to the full Council for consideration at the August 22, 2011 Committee of the Whole meeting and subsequent September 6, 2011 Regular Meeting. ATTACHMENTS Ordinance in draft form Minutes from the Community Affairs and Parks Committee meeting of 7/11/11 WA2011 Info Memos \chickens.doc3 08/03/2011 3 El AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 232 (PART) REGARDING LIVESTOCK, SMALL ANIMALS AND FOWL AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) CHAPTER 7.08; REPEALING ORDINANCE NO. 232 §15, §17 AND §18; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila, Washington, recognizes the public health benefits of locally and organically sourced food, and WHEREAS, the City's current regulations regarding livestock, small animals and fowl were adopted in 1956 and do not reflect changing public health priorities or local and national trends toward greater acceptance of urban agriculture; and WHEREAS, the City Council recognizes the particular popularity of chickens among residents of urban areas due to the sustainable source of protein provided by their eggs, the relative ease of their care, and the relative quiet and unassuming nature of chicken hens; and WHEREAS, the City Council desires to allow more residents of the City opportunities to participate in the keeping of chickens for recreation and to provide themselves with a supplemental source of nutrition; and WHEREAS, the City Council has received comments from the public to the effect that the City's current regulations of livestock, small animals and fowl are needlessly onerous in relation to the keeping of chickens; and WHEREAS, the City desires to amend the City's current regulations of livestock, small animals and fowl to provide more regulatory flexibility for the keeping of chicken hens on small lots; to protect the public health, safety, and welfare by preventing nuisances; and to improve enforceability; and WHEREAS, these goals will be promoted by lowering the minimum lot size requirement for the keeping of chickens, reducing setback requirements, prohibiting W: Word Processing \Ordinances \Small animals and fowl regulations amended strike -thru 7 -28 -11 NG:bjs Page 1 of 5 R roosters, exempting certain household pets from regulation, simplifying the regulation of manure handling and removal, and removing or amending language and references from Chapter 7.08 of the Tukwila Municipal Code that are out of date or inconsistent; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila Municipal Code (TMC) Section 7.08.030, "Small animals and fowl defined," Amended. Ordinance No. 232 §3, as codified at TMC Section 7.08.030, is hereby amended to read as follows: 7.08.030 Small animals and fowl defined. "Small animals and fowl," where used in this chapter means and includes rabbits, chinchillas, S ea- p+gs, "D Ts, chickens, geese, ducks, turkeys, Y a r akeets and pigeons. Section 2. TMC Section 7.08.040, "Chinchillas, guinea pigs, hamsters, parakeets and pigeons," Amended. Ordinance No. 232 §3(a), as codified at TMC Section 7.08.040, is hereby amended to read as follows: 7.08.040 ChinGhifla i hamsters parakeets and „kneGns Animals kept a_p ets. ChmnGholl pigs, hamsters, paFakeets and pigeons wall be permi#ed in numbeFs- as appr ffiGF Doas. cats, guinea pigs, hamsters, ferrets. fish, parrots, parakeets and similar animals kept as household pets within a dwelling unit will not be subiect to the limitations of this chapter. Doas and cats are requlated by TMC Section 7.12. Section 3. TMC Section 7.08.050, "Rabbits, chickens, geese, ducks and turkeys," Amended. Ordinance No. 232 §3(b), as codified at TMC Section 7.08.050, is hereby amended to read as follows: 7.08.050 Ra bbits, nhiro4 ge ese ducks and turkey Roosters prohibited. Rabbets, Gh geese, dUGks and tuFkeys will be peFmitted on Rurnbers as defined i44 TIVIG The keeping of roosters within the Citv Limits is prohibited. Section 4. TMC Section 7.08.070, "Number of livestock allowed," Amended. Ordinance No. 232 §5, as codified at TMC Section 7.08.070, is hereby amended to read as follows: 7.08.070 Number of livestock allowed. The number of horses, cows or cattle, sheep, goats or swine allowed on any given piece or parcel of property shall be regulated by the duly appointed health Code Enforcement Officer of the City. W: Word Processing \Ordinances \Small animals and fowl regulations amended strike -thru 7 -28 -11 NG:bjs Page 2 of 5 X Section 5. TMC Section 7.08.100, "Minimum area for keeping," Amended. Ordinance No. 232 §8, as codified at TMC Section 7.08.100, is hereby amended to read as follows: 7.08.100 Minimum area for keeping animals. With the exception of chickens. no livestock, small animals or fowl shall be kept on any property within the City limits where the prepeFty parcel does not contain a minimum of 10,000 square feet of area. No chickens shall be kept on any property within the Citv limits where the parcel does not contain a minimum of 6.500 square feet of area. Section 6. TMC Section 7.08.110, "Number of animals per area size," Amended. Ordinance No. 232 §9, as codified at TMC Section 7.08.110, is hereby amended to read as follows: 7.08.110 Number of animals per prop ertyarea—size. Small animals and fowl shall be permitted in numbers as follows: 1. Tw nhTGkeS or IlAme rabb r+r aRy GGmhiRatinn of nhiGkeRs and i 10 e Twelve rabbits. twelve chinchillas, twelve pigeons or anv combination of rabbits., chinchillas or pigeons, not to exceed a total of twelve collectively, for 10,000 square feet o f prop erty. 2. The number of GhiG ceRS er rabbits, chinchillas or pigeons may be increased by 1 /10th for each additional 1,000 square feet of property. 3. Six geese, six ducks, six turkeys or any combination of geese, ducks or turkeys, not to exceed a total of six collectively for 10,000 square feet of property. 4. The number of geese, ducks or turkeys may be increased 1 /10th for each additional 1,000 square feet of property. 5. One chicken per every 1,000 square feet of propertv. 5- 6. At no time shall the total number of small animals or fowl exceed a total of twelve for each 10,000 square feet of property. Section 7. TMC Section 7.08.120, "Distance from human habitation," Amended. Ordinance No. 232 §10, as codified at TMC Section 7.08.120, is hereby amended to read as follows: 7.08.120 Distance from human habitation. BuildiR gs- En closures for the housing of small animals and fowl shall be built and located not less than 65--10 feet from any place of human habitation other than t owno r"s, 7F not ccc t h�_20 fee fr y t h e ad j oining property and property line. fu rt her t hat t T he roaming area for the small animals and fowl shall be fenced and located not less than 35-10 feet from any adjacent place of human habitation. W: Word Processing \Ordinances \Small animals and fowl regulations amended strike -thru 7 -28 -11 NG:bjs Page 3 of 5 7 Section 8. TMC Section 7.08.150, "Manure removal," Amended. Ordinance No. 232 §13, as codified at TMC Section 7.08.150, is hereby amended to read as follows: 7.08.150 Animal waste and food waste. All rnaRUFe must be kept in a Govered water tight p OF GharnbeF and shall be Femeved at least E)nGe a week dUF the peried from April 1 to QGtobeF 1, and during the ether the health effiGer- A. All enclosures. confinement areas, and /or open run areas shall be kept clean. Provision shall be made for the removal of animal waste and food waste so that the areas are kept free from infestation of insects, rodents or disease, as well as to prevent obnoxious or foul odors. Animal waste shall be properly disposed of and anv accumulated animal waste must not be stored within the parcel setback area. Anv storage of animal waste must not constitute a nuisance. 4-B. Manure shall not be allowed to collect in any place where it can prejudicially affect any source of drinking water. 2-.C. Manure, when used as a fertilizer, must be plowed or spaded under within 24 hours after application. Section 9. TMC Section 7.08.160, "Enforcement," Amended. Ordinance No. 232 §14, as codified at TMC Section 7.08.160, is hereby amended to read as follows: 7.08.160 Enforcement. The health Code Enforcement Officer for the City shall be authorized to enforce this chapter, unless otherwise provided. Section 10. TMC Section 7.08.180, "Exemptions," Amended. Ordinance No. 232 §16, as codified at TMC Section 7.08.180, is hereby amended to read as follows: 7.08.180 Exemptions. A. Any person firm Or nerperatien whe en I ,any Z 1956 are keeping per�vrr ��rrvr vv arc rcc`"' 11&tGGR s mall animals or fe,ul Within the G limits w net he aff by TEAG 01 Residents may keep all animals legally owned and kept prior to the effective date of this ordinance, provided thev do not constitute a nuisance. B. Any person, persons, firm or corporation who discontinues the keeping or reduces the number of livestock, small animals or fowl for a period of more than 90 days, or who sells or transfers his property, shall then become subject to all the provisions of this chapter. W: Word Processing \Ordinances \Small animals and fowl regulations amended strike -thru 7 -28 -11 NG:bjs Page 4 of 5 i Section 11. Repealer. Ordinance No. 232 §15 relating to the issuance of permits for housing, §17 relating to fines for violations, and §18 relating to violations considered as separate offenses are hereby repealed. Section 15: buildiRg supeFiRteRdeRt all Ignmnito tea. -0 days after of peFmit. person Section 17: ARY shall Section 18 EaGh and every day on whiGh a vielation :trsrr. Section 12. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 13. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Small animals and fowl regulations amended strike -thru 7 -28 -11 NG:bjs Page 5 of 5 6t 10 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes July 11, 2011— 5:00p.m.; Conference Room #3 PRESENT Councilmembers: Verna Seal, Chair; Allan Ekberg (sitting in for Joe Duffle) and De'Sean Quinn Staff: Shawn Hunstock, Jack Pace, Brandon Miles, Joyce Trantina, Melissa Hart and John Morrison Winters (DCD Intern) Guests: Chuck Parrish, resident; Marie Parrish, resident; Mark Palmer, business representative; Dave Fretz, business representative CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:02 p.m. I. PRESENTATIONS No presentations. H. BUSINESS AGENDA A. Liahtinu /Enerav Unerades: Additional Grant Funding At the May 23 Community Affairs Parks Committee meeting, the Committee approved submission of a request to the Washington State Department of Commerce for additional grant funding for lighting/energy upgrades. Since the grant funding amount is now known, and does not require Council approval due to the amount, staff is returning to Committee to report out on the funding as information only. An amendment to the existing grant between the City and Washington State Department of Commerce will award an additional $37,786 in funding for additional energy /lighting upgrades. The projects eligible for energy /lighting upgrades include: parking lot lights at City Hall and the 6300 Building; indoor lights at Old City Hall; outdoor lights at Tukwila Park, Bicentennial Park and the Golf Course; and installation of occupancy sensors in various locations. Once work is complete, staff intends to make a presentation to Council outlining the project, upgrades and projected cost savings. Committee Member Quinn suggested an article be submitted to the Tukwila Reporter, as a way to continue to educate the public on steps the City is taking to reduce operating costs. It also provides an opportunity to inform residents about programs Seattle City Light and Puget Sound Energy have for home owners. INFORMATION ONLY. B. Ordinance Review: Livestock, Small Animals and Fowl In response to a citizen comment made at the May 16, 2011, Council meeting, Committee Chair Seal requested that this item be brought forward to the Community Affairs Parks Committee for review. Ordinance No. 232 outlines the regulations for livestock, small animals and fowl in the City of Tukwila. This particular code has not been changed since 1956. A recent request made to the City Council regarding codes involving chickens and lots size caused staff to look at the issue of zoning/code requirements, lot sizes etc. as it relates to livestock/small animals /fowl, in a broader scope. A discussion continued regarding whether or not the Committee should focus on the issue at hand (chickens) versus the need to review all of the related issues in this section of the Tukwila Municipal Code. Council President Ekberg felt the Committee should focus on chickens only, and other members agreed that it would be best to focus on the question at hand (the lot size regulations related to chickens), as well as some of the related administrative "clean up" issues i.e.: language related to code enforcement) and address other issues at a later time. 11 Community Affairs Parks Committee Minutes July 11, 2011— Paae 2 Staff was requested to return to Committee with the appropriate revisions to Option 2 as outlined in the Committee packet, for further discussion. UNANIMOUS APPROVAL, OPTION 2. RETURN TO COMMITTEE. III. MISCELLANEOUS Under Miscellaneous, Chuck Parrish, resident, shared a petition signed by 367 Tukwila residents that requests the Council to reconsider Ordinance 2323 which prohibits social card rooms in the City effective January 1, 2016. The petition's exact wording is stated below: We the undersigned residents of Tukwila ask city council to replace Ordinance 2323 with a new policy that would allow the existing commercial card rooms to remain in business, to save the approximate 450 jobs, to preserve the $2.1 to $2.4 million in annual tax revenues that these businesses pay to Tukwila and to maintain the level of city services that are associate with this revenue. The petition currently has 367 signatures, but the efforts to engage and educate residents about this issue are ongoing. However, supporters believe that 300 -400 signatures on this petition should be sufficient for Council to revisit this issue. The current signatures represent residents throughout the City. Mr. Parrish indicated that he believes the Council overlooked, and should have considered, the option of creating a zoning ordinance that would limit card rooms to specific locations /areas in the City. He has conducted research of other cities that utilize similar ordinances to restrict such establishments to certain areas. After discussion, Committee Members agreed unanimously, and requested that staff draft an ordinance, proposing new language allowing card rooms along Interurban and the area along Southcenter Boulevard, addressing zoning for restaurants only. Other items the Committee would like to see included in the staff report for this item are: Number of new applications received for card rooms How surrounding cities address the issue of card rooms Previously provided crime statistics relating to card rooms Committee Members agreed that due to the critical nature of this item, it requires input from and discussion among all Councilmembers; therefore, the item should be move to a COW for discussion rather than returning to Committee. Committee Chair Seal stated that she would not be attendance at the next COW, and would like to see this item be scheduled for the August 8 COW. Committee Chair Seal and Committee Member Quinn both expressed their appreciation for the level of community involvement regarding this and other issues for which residents are concerned and/or feel strongly. Since Council President Ekberg filled in for Committee Member Duffle at this evening's meeting, Councilmember Seal stated she would contact Committee Member Duffle to advise him of this discussion. Meeting adjourned at 5:45 p.m. Next meeting: e Monday, July 25, 2011 5:00 p.m. Conference Room #3 ('G t Committee Chair Approval MI utes A JT. Reviewed by KAM. 12