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Board Summary Report BoCC General Business Item, April 2, 2019 Board Summary Report Date: March 21, 2019 To: Board of County Commissioners Through: Jan Yeckes, Planning Division Manager From: Kelsea Dombrovski, Planner I; Caitlyn Cahill, Zoning & Animal Control Manager Subject: LDC18-006 Backyard Chicken-Keeping Code Amendment Request and Recommendation Staff is bringing forward the proposal for backyard chicken-keeping for consideration of the Board of County Commissioners for a determination on whether this use is appropriate for non- agricultural residential areas within unincorporated Arapahoe County. While Staff does not have a recommendation on whether the allowance of backyard chicken- keeping should be approved, Staff would recommend that the provisions within the proposed code amendment, as drafted, are the most suitable to meet the interests expressed by citizens desiring the opportunity to keep chickens while also considering the well-being of residential neighborhoods and the ability of County staff to administer the regulations. On March 5, 2019, Planning Commission voted 4-2 to recommend approval of the proposed regulations, based on the findings outlined in the staff report and with the conditions as noted. Background Citizens have contacted Zoning staff over the last several years to express concerns that Arapahoe County does not have provisions for keeping of backyard chickens in residential areas. Residents are interested in the ability to: produce local home-grown food, teach responsibility and farming to their children, and expand their food self-sufficiency beyond gardening. Residents opposed to the keeping of backyard chickens in non-agricultural areas express concerns about sanitation and related smells, noise, predators, and abandoned animals. Citizens have spoken at public meetings of the Board of County Commissioners to request consideration of these activities and contacted Commissioners to request that the County change its position on the prohibition of chickens outside agriculturally-zoned properties. Two of the three Rural Residential zone districts (R-A Residential-Agricultural, 2.41-acre lots, and A-2 Agricultural, 9-acre lots) currently allow the keeping of small, non-commercial agricultural animals, such as chickens, for the private use of residents only. Staff presented this issue to the Board of County Commissioners at study sessions in 2016, 2017, and 2018. Based on input from those sessions, a Planning Commission study session, and Page 1 of 3 BoCC General Business Item, April 2, 2019 consultation with CSU Extension and Tri-County Health Department, staff drafted the attached code. Staff presented the draft code at a Planning Commission public hearing on March 5th, 2019. Six members of the public spoke against backyard chickens, citing noise concerns, separation/small lot size, and potential for large numbers of chickens in neighborhoods (four per household could result in hundreds of chickens). Fourteen people supported the backyard chicken proposal and touted the potential for educational benefits, locally sourced food, and many surrounding communities already allowing them. Planning Commission discussed separation, noise, and the potential for HOAs to ban chicken-keeping. A motion was made to increase the draft rear setback from 10’ to 15’; that motion failed 3-3. The Planning Commission then voted 4- 2 to recommend approval of the draft regulations with the staff recommendations of a 10’ setback for coops from side and rear property lines (Rieck and Wollman opposed). Links to Align Arapahoe Fiscal Responsibility The keeping of chickens in residential areas must currently be handled as a zoning violation, and staff time is used to explain our regulations and address concerns over uses that are not allowed. While some time may be needed to explain and enforce new regulations, much of the information could be provided on the County’s website and through educational materials. This is consistent with the Align Arapahoe goal of Fiscal Responsibility. Further, the Planning Division is not recommending a permitting process that could add administrative costs or tax the capacity of our current Zoning staff. In this way, the amendment, as drafted, has the potential to promote government efficiencies and save time over a more complex code that would require greater regulatory oversight. Quality of Life Interested residents could pursue backyard chicken-keeping and achieve a closer connection with the County’s agricultural history, while also teaching children responsibility and the methods of producing their own food. Staff would acknowledge that public comment received includes some disagreement on the Quality of Life impacts of the proposed amendment. Some neighborhood residents feel that chicken-keeping by adjoining or nearby neighbors would detrimentally impact their current quality of life and may introduce nuisances or health and safety impacts related to sanitation, odors, noises, allergies, and risk for pets due to predators attracted by chickens as a potential food source. Discussion The revisions proposed are consistent with the purpose and direction of the Comprehensive Plan, which encourages and strives for a ‘resilient natural and built environment’ and ‘healthy, inclusive, and livable communities;’ specifically, ‘local food production is encouraged.’ The proposed regulations increase resiliency by providing residents with a secure and reliable food source. Additionally, communities are healthy and livable when residents have easy access to responsibly produced food, and when citizens have the option to produce their own food. Local food production also reduces vehicle miles traveled for both the producer and the consumer, which is beneficial for air quality and other aspects of healthy communities. Page 2 of 3 BoCC General Business Item, April 2, 2019 Arapahoe County sent referrals to internal agencies, outside agencies, HOAs, the East Arapahoe County Advisory Planning Commission, and provided an online form for public comment. Of the 162 public comments received via the form, approximately 62% (100 respondents) were in favor of the proposed regulations, 29% (47 respondents) were opposed, and 9% (14 respondents) had responses that could not be characterized. Agency responses referenced HOAs’ abilities to supersede County code if the HOA regulations are more strict, health and chicken-keeping best practices, and concerns over regulation of chicken-keeping in general. Engineering Services Division had no comments. All responses are available as attachments to this report. Alternatives The Board of County Commissioners has 3 alternatives: 1. Approve the proposed LDC amendment with or without changes; 2. Continue to a date certain for more information; or 3. Deny the proposed amendment. Fiscal Impact The draft regulations do not include a permit requirement for backyard chickens because a permit process could increase administrative costs or tax the Zoning staff’s time beyond current capacity. Omitting a permit process and providing access to educational and best practice materials will reduce, or at the very least, hold steady, the amount of time Zoning staff spend on chicken-keeping- related issues. The proposed regulations will not increase costs to the County and may decrease demands on staff’s time. Concurrence The Arapahoe County Planning Commission voted 4-2 to recommend approval of the proposed changes. Reviewed By: Kelsea Dombrovski, Planner I Caitlyn Cahill, Zoning & Animal Control Manager Jason Reynolds, Current Planning Manager Jan Yeckes, Planning Division Manager Bryan Weimer, Director of Public Works and Development Todd Weaver, Finance Department Bob Hill, Senior Assistant County Attorney Page 3 of 3 LDC18-006 DRAFT MOTIONS: Staff has prepared the following motions to assist the Board. DRAFT MOTIONS: APPROVE WITH CONDITIONS: This action would be consistent with the Planning Commission and staff recommendation. In the case of LDC18-006, Arapahoe County Backyard Chicken-Keeping Code amendment, the County Commissioners have reviewed the staff report, including all exhibits and attachments, and have considered the proposed code amendment, including the staff presentation and rationale for the proposed changes, as well as any public comment as presented at the public hearing. I hereby move to APPROVE the proposed amendment to the Land Development Code, subject to the following condition: 1. Staff will make corrections and revisions to the proposed language as directed by the County Attorney prior to incorporating the approved amendment into the Land Development Code for publication. Alternative Motions – The following motions are provided as alternatives to the recommended motion for Conditional Approval: DENY: This action would not be consistent with the Planning Commission or staff recommendation. In the case of LDC18-006, Arapahoe County Backyard Chicken-Keeping Code amendment, the County Commissioners have reviewed the staff report, including all exhibits and attachments, and have considered the proposed code amendment, including the staff presentation and rationale for the proposed changes, as well as any public comment as presented at the public hearing. I hereby move to DENY the proposed amendment to the Land Development Code based on the following findings: a. CONTINUE TO DATE CERTAIN: In the case of LDC18-006, Arapahoe County Backyard Chicken-Keeping Code amendment, I move to continue the hearing to [date], 9:30 a.m., at this same location, to obtain additional information and
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