Okaloosa County BOCC — June 16, 2015 — Public Hearing to Consider Revisions to Livestock, Poultry, and — agenda request — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 16, 2015 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Public Hearing to Consider Revisions to Livestock, Poultry, and Beekeeping Provisions of Land Develo DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Conduct a public hearing to consider adoption of an ordinance amending Section 2.21.05.10 of the Okaloosa County Land Development Code, Ordinance 91- 01 as amended, pertaining to the keeping of livestock, bees, and poultry. This is a legislative hearing as provided in Section 1.11.01 of the Land Development Code. BACKGROUND: In response to requests from citizens to be allowed to keep poultry in residential districts for the purposes of egg production in addition to the birds’ value as pets, the Board of County Commissioners directed staff to research the issue and develop standards that would allow the keeping of poultry in residential areas in a manner that would not become a nuisance to adjacent property owners. Research indicates that numerous communities across the country, including cities and counties in Northwest Florida, have amended their land development codes and other regulations to allow the keeping of poultry as an accessory activity to residential use. Setbacks from property lines, separation requirements from inhabited buildings, the number of birds kept, and enclosure requirements are among the commonly regulated elements of raising poultry in residential areas. After reviewing numerous poultry-related ordinances, staff has determined that the best way to accomplish the Board’s directive is to utilize the Land Development Code’s Administrative Adjustment process to allow the keeping of poultry as an accessory use in the R-1 zone, and the Special Exception process to allow such activity in the R-2 and R-3 zones. To do this, it is necessary to amend two sections of the Land Development Code. The first is section 2.21.05. 10 “Livestock; Poultry; Beekeeping”, which regulates the keeping of the subject types of animals. The second is section 1A.04 which establishes the process through which a property owner may receive an administrative adjustment to the provisions of the Code as an alternative to a special exception. This staff report and the public hearing for which this report is offered is concerned with section 2.21.05.10; section 1A.04 is the subject of a separate hearing and report. In its current form, Section 2.21.05.10 the Land Development Code (LDC) treats livestock, poultry, and honeybees as a single subject, and prohibits their keeping in residential districts except through the special exception process. This is problematic for a number of reasons including the Florida legislature’s recent preemption of local regulation of honeybees, and also due to an ambiguity in the section’s treatment of pets which has been subject to differing interpretations, including an interpretation that any animal kept as a pet is exempt from the subject regulation. In addition, staff’s understanding of the direction provided by the Board of County Commissioners indicates that a more expeditious process than that associated with a special exception may be warranted for the keeping of a limited amount of poultry in the R-1 zone. The proposed changes address these areas in a number of ways. First, livestock, poultry, and honeybees are each given unique provisions. In the case of livestock under the proposed changes, the only way in which such animals may be kept in a residential zone is by way of a special exception. This is how the current code addresses this issue. Poultry, in the form of chickens and two varieties of domestic duck, may be kept in the R-1 district by way of an administrative adjustment, and may be kept in the R-2 and R-3 zones by way of a special exception. In regard to honeybees, the proposed changes simply recognize the state’s preemption of local regulation. Finally, the proposed changes preclude certain types of animals (those found on various lists maintained by the state an federal government due to being dangerous or invasive) as being considered pets. It should also be noted that, in its current form, section 2.21.05.10 precludes the keeping of livestock, poultry and honeybees in the Residential Rural (RR) district. This is inconsistent with both the Comprehensive Plan as well as the RR district regulations which both include agricultural activities as permitted uses as follows (references to agriculture underlined): Land Development Code (Section 2.01.01 Residential Rural - RR - District) 2.02.01 Purpose: The purpose of the Residential Rural (RR) district is to provide areas for low-density residential land use and development that is not directly related to agricultural use but still provides an opportunity for residential living in a rural setting which may include agricultural uses and activities as well as hobby farms, ranchettes, or estate lots. 2.02.02 Intent: The intent of the RR district is to implement and put into regulatory effect the provisions of the “Rural Residential” future land use category as established in the Comprehensive Plan. Comprehensive Plan (Future Land Use Element Policy 10.1) Purpose: To provide areas for low density residential land uses and residential development that is not directly related to agricultural activities but still provides an opportunity for residential living in a rural setting which may include agricultural and recreation activities as well as keeping of animals, hobby farms, ranchettes, or estate lots. Allowable Uses: The following uses are allowed in the RR category, all other uses are prohibited. Single-family detached dwellings; category A and B mobile/manufactured homes; customary accessory uses/structures including farm buildings such as barns and stables; small-scale agricultural activities; places of worship; schools; family day  care; community residential homes; schools; private airstrips; residential airparks as a special exception; recreation activities; conservation; public or private utilities. The proposed revisions allow the keeping of livestock and poultry in the RR district consistent with the Comprehensive Plan and the district’s own statement of intent by removing RR from among the districts within which livestock and poultry may only be kept through the granting of a special exception. The Planning Commission conducted a public hearing of the proposed revisions to Section 2.21.05.10 during its regular meeting of May 14, 2015. Two citizens spoke during the hearing. One citizen spoke in favor, citing a desire to eating organic eggs, the ability to use manure as fertilizer for organic gardens, family budget, and chickens being therapeutic. One citizen spoke against, expressing concerns regarding chickens straying onto and damaging neighboring properties, noise, disposal of animals, vermin and general environmental issues. The Planning Commission advised the citizen speaking against that the concerns expressed would be addressed by the proposed administrative adjustment requirements. Upon review, the citizen concurred, but expressed a concern that it be stringently enforced. After discussion, the Planning Commission unanimously recommended approval of the proposed revisions to Section 3.21.05.10 with a recommendation that the requirements for keeping poultry by way of an administrative adjustment be added to the proposed revisions as they would apply to special exceptions. So that the proposed changes are easily seen, a strike-through and underlined version of section 2.21.05.10 accompanies this report as Attachment 1. It includes the staff proposed changes in strike-through and single underline format. The language the Planning Commission recommended for inclusion under the special exception portion is italicized. Two versions of the ordinance adopting the revisions accompany this agenda item. The ordinance provided as Attachment 2 would adopt the proposed by staff. The Ordinance provided as Attachment 3 includes the language recommended by the Planning Commission. Staff has no objection to the inclusion of the language as recommended by the Planning commission. The Military Representative to the Planning Commission provided no comments or objections to the proposed revisions. RECOMMENDATION: It is recommended that the Board of County Commissioners consider the facts presented herein, as well as any facts that may be presented at the public hearing, and then vote to approve, reject, or take other action regarding the proposed revisions. Recommended motion if the Board wishes to adopt the version as originally proposed by staff: “Move to adopt the ordinance presented as Attachment 2, amending Section 2.21.05.10 of the Okaloosa County Land Development Code, Ordinance 91-01 as amended, pertaining to Livestock, Poultry, and Beekeeping.” Recommended motion if the Board wishes to adopt the version as recommended by the Planning Commission: “Move to adopt the ordinance presented as Attachment 3, amending Section 2.21.05.10 of the Okaloosa County Land Development Code, Ordinance 91-01 as amended, pertaining to Livestock, Poultry, and Beekeeping.” The Board may also make any revisions it may feel necessary and incorporate such into its motion. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator