CITY OF ORLANDO COUNCIL AGENDA ITEM

Items Types: For Meeting of: Signature Consent Agenda 05/07/2012 Approval Dean Grandin District: All From: Economic Budget Approval Development Ashley Connolly Exhibits: Yes On File (City Clerk) : Yes Draft Only: No Grant Received by City?: No

Subject: Approving a Temporary Use Permit Allowing a Two-Year Urban Chicken Pilot Program at up to Twenty-Five (25) Residences.

Summary: Authorize a two-year pilot program which would allow the City to monitor a limited number of “urban chickens” that are kept in the backyards of single family residential units under certain conditions. The pilot program would be limited to 25 residences within the City of Orlando. It is proposed that the Planning Official review and approve applicants utilizing the Planning Official Determination process at no fee, where applicants are selected based on meeting specific criteria contained in the attached Temporary Use Permit memo proposed for City Council approval.

Fiscal & Efficiency Data: [As applicable, cite funding source; original approval date and contract amount, Documentary Number, cumulative change orders, recurring cost, (e.g. operating and maintenance); allocation of any generated revenues; any applicable efficiency data; etc.] N/A

Recommended Action: Authorize the Planning Official to issue up to 25 determinations for a pilot program authorizing urban chickens, subject to the criteria in the attached memo, and the following: · Waive the $50 Planning Official Determination fee for Single Family Residences for the pilot program’s applicants. · The Planning Official may revoke a Planning Official’s determination for a specific site via written notice to the property owner when the City finds, at its sole discretion, that any of the criteria are not met. · The Planning Official will work with the Orange County Agriculture Extension Office to monitor those in the pilot program, and report those findings to the Chief Administrative Officer on a quarterly basis. · The Planning Official shall report prior to the expiration of the pilot program to Council. The Council would then have the opportunity to extend the pilot, direct staff to codify the program into the Land Development Code, or discontinue the program.

Attachments

On File Agenda Item attachment(s) on file in the City Clerks Office.

Note: All agenda items must be in the City Clerk's office by Noon Friday, six(6) business days prior to the regular Monday City Council meeting.

Distribution: General: Kevin Tyjeski/PND/EDV/Orlando, Byron Brooks/CAO/EXO/Orlando, Brooke Bonnett/BUS/EDV/Orlando, Kevin Edmonds/CAO/EDV/Orlando, Kyle A Shephard/LEG/EXO/Orlando, Linda Rhinesmith/EDV/EDV/Orlando, Patty Sheehan/OCC/EXO/Orlando, William L Stevens/OCC/EXO/Orlando

Contact: Jason M Burton/PND/EDV/Orlando

Accepted By: Denise K Holdridge

Minute Notes: Temporary Use Permit Allowing a Two-Year Urban Chicken Pilot Program at up to Twenty-Five (25) Residences. Approved and authorized the Planning Official to issue up to 25 determinations for a pilot program authorizing urban chickens, subject to the criteria in the attached memo, and the following:

Waive the $50 Planning Official Determination fee for Single Family Residences for the pilot program’s applicants. The Planning Official may revoke a Planning Official’s determination for a specific site via written notice to the property owner when the City finds, at its sole discretion, that any of the criteria are not met. The Planning Official will work with the Orange County Agriculture Extension Office to monitor those in the pilot program, and report those findings to the Chief Administrative Officer on a quarterly basis. The Planning Official shall report prior to the expiration of the pilot program to Council. The Council would then have the opportunity to extend the pilot, direct staff to codify the program into the Land Development Code, or discontinue the program.

The two-year pilot program would allow the City to monitor a limited number of “urban chickens” that are kept in the backyards of single family residential units under certain conditions. The pilot program would be limited to 25 residences within the City of Orlando

"Enhance the quality of life in the City by delivering public services in a knowledgeable, responsive and financially responsible manner."

MEMORANDUM

DATE: May 4, 2012

TO: Mayor Dyer and City Commissioners

FROM: Dean J. Grandin, Jr., AICP, Planning Division Manager

SUBJECT: Temporary Use Permit - LDC2012-00133 Urban Chickens Pilot Program

Request. Authorize a two-year pilot program which would allow the City to monitor a limited number of “urban chickens” that are kept in the backyards of single family residential units under certain conditions. The pilot would be limited to 25 residences within the City of Orlando. It is proposed that the Planning Official review and approve applicants utilizing the Planning Official Determination process at no fee, where applicants are selected based on meeting specific criteria contained in this Temporary Use Permit proposed for City Council approval.

Summary. From time to time, the City Planning staff has received requests from citizens to allow chickens in backyard coops. These requests are part of a nationwide trend to allow chickens in urban areas for the purpose of fresh eggs; chicken keepers are typically concerned about the amount of time and energy it takes to get eggs to the end consumer, want eggs free of certain farm chemicals and pesticides, or just simply enjoy the taste of fresh eggs and chicken keeping as part of a more active lifestyle.

Chicken keeping is also part of a larger sustainability trend to allow citizens to grow their own foods – including fruits, vegetables and honey production – by reducing barriers which restrict local food production. These sustainability trends are congruent with the City’s “GreenWorks” goals, such as support for our community gardens and active living initiatives. Also, conventional agricultural practices that have been in place since World War II have relied on pesticides and fertilizers to produce food for the mass consumer markets. These are typically petroleum-intensive operations. With rising fuel and food prices, allowing local food production may improve the resiliency of a particular city or region to current and future price swings or food shortages.

Specific criteria for the proposed pilot are as follows to allay the common concerns: • Up to three (3) hens are allowed at a single family residence; roosters are prohibited. Duplex, townhome, multi-family and similar units are prohibited from keeping chickens. • Hens must be contained within a covered chicken coop and fenced pen area. The coop and fenced pen area must be located in the rear half of the residential lot behind the principal structure. It shall be unlawful for any person to allow hens to run at large upon the streets, alleys or other public places of the City, or upon the property of any other person. • The coop and fenced pen area shall be setback 20-feet from any adjacent residential principal structure or accessory structure that contains a residential unit, which is off the subject property, and 5-feet from any abutting residential property line (unless the adjacent neighbor agrees in writing to a lesser setback or a waiver of these requirements), and 5-feet from any principal structure on the site. • The coop and pen area must be kept in a clean sanitary manner, free of insects and rodents, offensive odors, excessive noise, or any other condition which could potentially cause a nuisance (i.e. the coop should be cleaned frequently). Stored feed must be secured in metal containers to prevent mice and other pests. • No slaughtering of the hens is allowed on the subject site. • As long as the coop is movable or prefabricated, and 12 square feet or less, no building permit is required, or may be included in any fence permit if needed. • Applicants for the pilot program must complete a seminar regarding the care of chickens in an urban environment from the Agricultural Extension Office, Simple Living Institute, or similarly qualified organization acceptable to the Planning Official. • If the program is to discontinue, or households drop out, the City will work with its partners to find appropriate homes for the hens.

Application. Up to 25 residents of single family dwellings within the City of Orlando may apply for a Planning Official Determination by submitting an application, site plan, photos of the proposed coop and fence area, verification of a completed chicken keeping seminar and preliminary plans for the covered coop. A City Planning Division representative will perform a site visit, review the application and interview the applicant prior to Planning Official approval.

Additional Information. A listing of cities that authorize a level of urban chicken keeping is attached. An additional page lists a summary of current urban chicken laws in Florida cities. The development standards proposed are based on a conservative amount of hens (three) and typical setbacks in similar cities.

Currently, Orange County interprets all chicken keeping as an agricultural use, and has generally taken code enforcement action on chicken keepers as part of the complaint-driven code enforcement process on urban single family sites. However, the current Orange County Animal Services Ordinances allows domestic animals, which includes “any dog, cat, ferret, rabbit or bird that has been domesticated so as to live and breed in a tame condition”.

Recommended Action and Conditions. Authorize the Planning Official to issue up to 25 determinations for a pilot program authorizing urban chickens, subject to the above conditions, and the following: • Waive the $50 Planning Official Determination fee for Single Family Residences for the pilot program’s applicants. • The Planning Official may revoke a Planning Official’s determination for a specific site via written notice to the property owner when the City finds, at its sole discretion, that any of the above conditions are not met. The hens must be removed from the property. • The Planning Official will work with the Orange County Agriculture Extension Office to monitor those in the pilot program, and report those findings to the Chief Administrative Officer on a quarterly basis. • The Planning Official shall report prior to the expiration of the pilot program to Council. The Council would then have the opportunity to extend the pilot, direct staff to codify the program into the Land Development Code, or discontinue the program. Listing of Cities Allowing Urban Chickens

Alabama San Leandro Indiana Montana Huntsville San Mateo Evansville Missoula Mobile Temple city Vallejo Kansas Missouri Arkansas Woodland Louisville Kansas City Fayetteville Kirksville Little Rock Colorado Louisiana St. Louis Arvada Baton Rouge Arizona Colorado Springs New Orleans North Carolina Flagstaff Asheville Gilbert D.C. Massachusetts Black Mountain

Belmont Cary (Feb 9, Florida California Brockton 2012) Bellair Albany Cambridge Chapel Hill Dunedin American Lynn Durham Gulfport Canyon Northampton Raleigh Key West Anaheim Somerset Charlotte Lakeland Bakersfield Wenham Largo Berkley Westwood North Dakota Levy County Campbell Grand Forks Miami Davis Maryland Pinellas Co. Downey Baltimore City Nebraska St. Petersburg El Cajon Lincoln Sarasota Folsom Maine Omaha

Imperial Beach Camden Georgia Irvine Falmouth New Hampshire Alphraretta Lakewood South Portland Hamptsead Atlanta La Puente

Lafayette Michigan New Jersey Iowa Long Beach Ann Arbor Red Bank Clive Los Angeles Benton Harbor Des Moines Los Altos East Lansing New Mexico Sioux City Oakland Lansing Albuquerque Urbandale Petaluma Traverse City Santa Fe Windsor Heights Poway

Redwood City Minnesota Nevada Idaho Roseville Minneapolis Henderson Boise Santa Rosa Rosemount Las Vegas Nampa Sacramento St. Paul

County Minneapolis New York Illinios San Carlos Rosemount Binghamton Chicago San Jose St. Paul Huntington

San Francisco New Hempstead New York City Richardson Gig Harbor Riga/Churchville Pennsylvania Round Rock La Center Catawissa San Antonio Lynnwood Ohio Pittsburgh St. Paul Mill Creek Toledo State College Waco Olympia Shaler Seattle Oklahoma Utah Spokane Tulsa South Carolina Brigham City Tacoma Aiken Salt Lake City Vancouver Oregon Woodinville Albany Tennessee Virginia Coos Bay Nashville Fredrick County Wisconsin Corvallis Ellsworth Eugene Texas Vermont Greenbay Lake Oswego Austin Burlington Madison Milwaukie Dallas Shorewood Hills Oregon city Ft. Worth Washington Portland Garland Battle Ground Stayton Houston Bothell Laredo Cmas Murphy Everett Summary of Local Florida Laws Urban Chickens

“OLDER” Ordinances Key West: Allows chickens but does not specify a maximum. Requires them to be contained in a screened pen, and feed is kept secure from rats.

Miami: Up to 15 hens, yet requires a 100-foot setback from adjacent residences.

Lakeland: No maximum specified, but requires a 50-foot setback from adjacent residences, unless three-quarters of the neighbors within the 50-foot setback agree to a waiver.

Pinellas Park: No maximum specified, but requires a property fenced pen.

St. Petersburg: No maximum specified, but requires a 100-foot setback from adjacent residences unless neighbor provides consent. Crowing roosters are nuisances and cannot be kept once there is a complaint to police.

Largo: Chickens, turkeys and ducks must be kept in secured fenced area, clean and free of odors. Must meet 55 dbA noise limit.

Bellaire: No more than 5 domestic animals permit required for domestic fowl (chickens, geese, turkeys, guineas). Chief of Polices inspects and acts on complaints.

Dunedin: Fowl allowed in an entirely enclosed area, unless constituting a nuisance to neighbors.

Levy County: Maximum of 10 chickens.

“RECENT” Ordinances Pinellas County (2011): Up to four 4 chickens allowed on single family properties, kept in a coop or enclosure at all times. No roosters. No slaughtering. Coop must be screened from neighbor’s view. Rear yard coop required, 10-feet from side or rear property lines. Coops over 100 square feet require a building permit. Rodent proof feed container. Three square feet required in coop per chicken, coop cannot be taller than 6-feet (2011).

Sarasota (2011): Single family residences may keep up to 4 hens in a movable coop that is fenced. Building permit not required for movable coop. Coops must be in the backyard, and 25 feet from an adjacent residential structure and 10 feet from an adjacent property line. Odors shall be non-detectable at the property line. No selling of eggs or chicken products, and no slaughtering. Four square feet per chicken required in coop. Trial period is reviewed in January 2014.

Gulfport (2008): Up to 10 chickens allowed, No roosters. Must be securely fenced in rear yard.