HomeMy WebLinkAbout10/20/2021 Agenda Packet
M eeting L ocation: M unicipal Center
7100 147th Street West
Apple Valley, M innesota 55124
The Planning C ommission meeting is both a web broadcast and on a virtual
access template to allow remote public participation. The meeting is always open
to the public at the Municipal C enter.
October 20, 2021
PLA N N IN G C O MMISSIO N T EN TAT IVE A G EN D A
7:00 P M
1.Call to Order
2.Approve Agenda
3.Approve Consent Agenda Items
Consent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a commissioner or citizen requests
to have any item separately considered. It will then be moved to the land
use/action items for consideration.
A.Approve Minutes of October 6, 2021, Regular Meeting.
4.Public Hearings
A.Land Use Considerations For the Keeping of Chickens
5.Land Use / Action Items
6.Other Business
A.Review of Upcoming Schedule and Other Updates
Planning Commission - Wednesday, November 3, 2021 - 7:00 p.m.
Planning Commission - Wednesday, December 1, 2021 - 7:00 p.m.
C ity Council - T hursday, October 28, 2021 - 7:00 p.m.
C ity Council - Tuesday, November 9, 2021 - 7:00 p.m.
C ity Council - Tuesday November 23, 2021 - 7:00 p.m.
7.Adjourn
Regular meetings are broadcast, live, on C harter C ommunications C able C hannel
180 and on the C ity's website at www.cityof applevalley.org
I T E M: 3.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :October 20, 2021
S E C T I O N:Consent A genda
Description:
A pprove Minutes of October 6, 2021, Regular Meeting.
S taff Contact:
Carol Kovacic, Department Assistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
Approve minutes of regular meeting of October 6, 2021.
S UM M ARY:
T he minutes of the last regular Planning Commission meeting is attached for your review and
approval.
B AC K G RO UND:
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
B UD G E T I M PAC T:
N/A
AT TAC HM E NT S :
Minutes
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
October 6, 2021
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order by Acting Chair
Kurtz at 7:00 p.m.
Members Present: Jodi Kurtz, Paul Scanlan, Keith Diekmann, Philip Mahowald,
Becky Sandahl, and David Schindler
Member(s) Absent: Tim Burke
City staff members attending: Community Development Director Bruce Nordquist, City
Planner Tom Lovelace, City Planner Kathy Bodmer, City Engineer
Brandon Anderson, and City Attorney Sharon Hills
2. APPROVAL OF AGENDA
Acting Chair Kurtz asked if there were any changes to the agenda.
Community Development Director Nordquist requested there was one change. There is some
additional material for Item 5 B. Whaley Garage Variance items 1 and 2. There are materials
that have been shared; responses from adjacent neighbors in support of a variance.
MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan,
approving the agenda as amended. Roll call vote: Ayes - 6 – Nays - 0.
3. CONSENT ITEMS
MOTION: Commissioner Diekmann moved, seconded by Commissioner
Schindler, approving the minutes of the meeting of August 4, 2021. Roll call
vote: Ayes – 6 – Nays – 0.
4. PUBLIC HEARING
None
5. LAND USE / Action Items
A. Eagle Brook Church
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
August 4, 2021
Page 2 of 4
Planner Tom Lovelace presented the staff report.
Commissioner Scanlon asked about the lighting plan and how it would affect the residential areas.
Planner Lovelace said the lighting was up to code.
Acting Chair Kurtz asked why the building is right next to Sam’s Club. She thinks it makes more
sense to be on the other side.
Stephanie Hauber, Expansion Director Representative for Eagle Brook Church said it was most
cost effective to keep it next to Sam’s Club and they also did some audio checking and said that
shouldn’t be a problem either.
Acting Chair Kurtz asked if anyone else would like to speak, there were no other comments.
Planner Lovelace asked the commission to make a recommendation for approval of proposal.
MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler
to recommend approval of the site plan building permit
authorization and offer construction of a 58,139-Sq. Ft. Building and a
585 space parking lot on lot 1 block 3 Fisher Market Place subject to
the following conditions one through 14 as outlined in the staff report.
Roll call vote: Ayes – 6 – Nays – 0.
B. Whaley Detached Garage Variances
Planner Kathy Bodmer presented the staff report, including added conditions proposed by the city
attorney
Commissioner Diekmann questioned the differences between the hand drawn site plan and survey
and why a variance was needed.
Petitioner Matt Whaley explained his reasoning for wanting the detached garage at the chosen
location. The hand drawing was a generalization while awaiting the survey work.
Commissioner Diekmann questioned garage positioning with existing site and neighbors trees..
Planner Bodmer said they were leaving the location to the home owner as he sought to retain trees
and make for a functional turn into the new garage off of the existing driveway.
Commissioner Mahowald questioned lot lines and had questions on what happens if the trees die.
Planner Bodmer said as part of the application the owner would have to get a Natural Resources
permit. At that time he would be identifying significant trees and working with existing grades.
This is when a more careful review would be done.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
August 4, 2021
Page 3 of 4
Commissioner Mahowald is wondering about encroachment even though the neighbors have no
objection.
Planner Bodmer said the City does have a tree replacement requirement.
Acting Chair Kurtz asked if there were any other questions. There were none.
Planner Bodmer said staff could request additional information if needed.
Commissioner Diekmann said that wasn’t necessary.
MOTION: Commissioner Scanlon moved, seconded by Commissioner
Diekmann to recommend approval of a height variance to increase
the height of a detached garage from a maximum of 16 ft. to 21 ft.
(5 ft. variance) subject to all city codes and conditions with revised
staff report 1 thru 8 based on findings 1 thru 8.
Roll call vote: Ayes – 6 – Nays – 0.
MOTION Commissioner Scanlon moved seconded by Commissioner
Schindler to recommend approval of a side yard setback
variance to reduce the side yard setback for a detached
garage from 20 ft. to 11 ft. (9 ft. variance) subject to all city
codes and conditions outlined in staff report 1 thru 8 based on
findings 1-8.
Roll call vote: Ayes – 6 – Nays - 0
6. OTHER BUSINESS
A. Review of Upcoming Schedule and Other Updates
The next Planning Commission meeting is Wednesday, October 20, 2021, 7:00
p.m. Director Nordquist said we are scheduling a public hearing at that meeting
to discuss the draft chicken ordinance and residential zones and lot coverage/size.
Urban Affairs has been the lead with the drafting of a revised animal ordinance
The next City Council meeting is Thursday October 14, 2021, 7:00 p.m.
The item advancing to Council is the restaurant and market in Central Village.
7. ADJOURNMENT
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
August 4, 2021
Page 4 of 4
Hearing no further comments from the Planning Staff or Planning Commission, Acting
Chair Kurtz asked for a motion to adjourn.
MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan
to adjourn the meeting. Roll call votes Ayes 6 – Nays – 0.
Respectfully submitted,
______________________________________
Carol Kovacic, Planning Department Assistant
Approved by the Apple Valley Planning Commission
on 10/6/2021 . Jodi Kurtz, Acting Chair
I T E M: 4.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :October 20, 2021
S E C T I O N:P ublic Hearings
Description:
L and Use Considerations F or the Keeping of Chickens
S taff Contact:
A lex Sharpe, Planning and Economic Dev. S pec.
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
Open the public hearing for the draft ordinance on the keeping of chickens, receive comments
and close the public hearing. It is the policy of the Planning C ommission not to act on a
public hearing item the night of the public hearing.
S UM M ARY:
T he Planning C ommission previously reviewed the subject of keeping chickens on single-
family properties on August 4, 2021. T he C ommission's discussion identified several land
use related topics within the draft ordinance. A public hearing is being held to continue this
discussion and provide a forum for the Planning C ommission and residents to further discuss
the land use impacts of the draft ordinance.
T he Urban Affairs A dvisory C ommittee (UA A C ) was directed by C ity C ouncil to study the
keeping of chickens on single-family properties in December 2020. T he UA A C is nearly
complete with their work on the draft ordinance and is anticipated to provide a
recommendation to the C ity Council at their October 26, 2021 meeting.
T he draft ordinance has four topics which directly relate to land use and the Planning
Commission's expertise, these are below:
Zoning Districts where chickens may be kept - T he draft ordinance allows chickens to
be kept at all single family lots.
Minimum lot size - T he draft ordinance does not include a minimum lot size. Attached
materials introduce a range of lot sizes to consider; feedback previously received from
the Commission.
Setbacks - T he draft ordinance requires a 10' side setback, 10' rear setback, does not
allow coops in the front yard, and requires the coop to be closer to the home on the
subject parcel than the home on a neighboring property.
Impervious surface coverage - T he draft ordinance requires that the coop and run not
exceed 100 sq. ft. and that they meet impervious surface requirements. A chicken coop
is not permitted to exceed the maximum impervious surface coverage of the lot/zoning
district; typically 35% of a lot may be covered. T he addition of chickens on smaller lots
that are close to fully developed/ may limit distance for placement of the coop/run or
introduce proximity that may cause nuisance conditions.
Each of these topics were previously identified by the Planning C ommission. Additional
information on each subject is outlined below in more detail.
B AC K G RO UND:
Zoning Districts
T he Planning C ommission expressed specific concerns about the lot sizes of zoning districts,
particularly whether chickens would be permitted within Planned D evelopments lots that are
designed more compactly. T he draft ordinance developed by the UA A C allows chickens on
all single-family lots. T he UA A C studied the C ity's single-family zoning districts which are:
R-1 - Single Family - Minimum 40,000 sq. ft. - 167 total single-family lots - 2.7% of
City acreage
R-2 - Single Family - Minimum 18,000 sq. ft. - 255 total single-family lots - 1.4% of
City acreage
R-3 - Single Family - Minimum 11,000 sq. ft. - 7572 total single-family lots - 25.2 % of
City acreage
R-C L (Residential C luster) - Lot size depended on development - 411 total single-
family lots 1.5% of City Acreage
PD - Planned Development - Lot size depended on development - 2606 total single-
family lots - 23.7% of City acreage*
*T his acreage includes land zoned "planned development" that may include commercial and
multi-family housing locations and not a single-family use.
As a result, staff has prepared greater detail on lots size considerations to consider.
T he UA A C evaluated the zoning districts where chickens could be kept at several meetings,
with one meeting specifically focused on studying the districts and single-family lot sizes
within the community. T he UA A C recommended that the draft ordinance allow chickens to
be kept on all single-family properties. T his does not include townhomes or lots with zero lot
lines as these are not defined as single-family. Attached to this report are a series of exhibits:
A sorting of single family lot sizes
A zoning district map where chickens would be permitted by the draft ordinance
Sample coop/run placements on various single-family lots
T he draft ordinance
Mapping of property value changes from 2010-2020
As a reminder, the draft ordinance would not supersede neighborhood associations, which
could still restrict whether chickens can be kept, require smaller coop sizes, and increased
setbacks. PD zoned locations are more likely to have active neighborhood associations.
Lot Size
Lot size was a specific focus for the Planning C ommission. To facilitate discussion staff has
compiled a breakdown of the single-family lot sizes by 1,000 sq. ft. T his data is presented in
both table and map formats attached to this report.
Setbacks
T he UA A C discussed several setbacks and recommended a minimum setback of 10' from
the side and rear property lines, while restricting the coop to the side or rear yard.
Additionally, the committee recommended that the coop be kept closer to the subject parcel's
home than any neighboring home. T he Planning C ommission could recommend increased
setbacks to mitigate potential impacts to neighboring parcels or consider that coops/runs may
not be permitted in the side setback on smaller lots.
I mperv ious Surface L ot Cov erage
T he maximum size of the chicken coop and run in the draft ordinance is 100 sq. ft. On
smaller, fully developed lots, a 35% - 40% impervious surface coverage for the coop/run
location could be problematic. T he coop and run are subject to impervious surface
regulations and are also subject to accessory structure requirements required by zoning. A
100 sq. ft. structure is typically small enough to be of minimal impact to the total impervious
surface of a lot.
Ordinance Summary
T he following is a bulleted list of the ordinance provisions for reference.
Chickens allowed on all single-family properties
Roosters and butchering are prohibited
A total of five hens are permitted
10' side and rear setbacks are required. T he coop must be closer to the subject parcel's
home than any neighboring home.
A permit is required to keep chickens. T he permit must include a site plan, building
materials, and allows for City inspection.
T he coop must be constructed of materials of the same standard as other accessory
structures
T he coop is required to have a full roof, but the run may be enclosed by chain link or
other permitted material.
If a permit is revoked by the City C ouncil the applicant cannot reapply for a permit to
keep chickens for three years.
Coop waste must be disposed of by a licensed trash hauler and shall not be composted
on site.
Chickens must be kept in the coop/run at all times. C hickens shall not be permitted to
roam on the subject property as it negates the setback requirements.
B UD G E T I M PAC T:
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AT TAC HM E NT S :
Exhibit
Exhibit
Map
Exhibit
Ordinance
Z oning Map
Map
Apple Valley Planning Commission seeking input on backyard chickens
by Patty Dexter
Chickens look for food in a Farmington yard. Farmington and other Dakota County cities including
Burnsville, Eagan, Lakeville and Rosemount allow chickens, while they are prohibited in Apple Valley.
Photo submitted
Apple Valley residents will have another opportunity to offer feedback about proposed ordinance
changes to allow backyard chickens in residential areas.
The Apple Valley Planning Commission is holding a public hearing at 7 p.m. Wednesday, Oct.
20, at the Apple Valley Municipal Center, 7100 147th St. W., to discuss how the proposed
ordinance changes would relate to single-family zoning districts.
Community Development Director Bruce Nordquist said there are about 11,000 single-family
lots in the city, which include large-lot subdivisions and smaller-lot subdivisions. The Planning
Commission may discuss issues such as how big a single-family lot should be to keep chickens
and how yards with other structures like a pool, accessory garage or shed should be handled with
chickens.
“The character of our single-family zoning districts is different throughout the community,” he
said.
The City Council voted last November to direct the Urban Affairs Advisory Committee to revisit
an ordinance that currently prohibits residents from keeping chickens in residential
neighborhoods after supporters of backyard chickens and some Apple Valley residents asked the
city to look at the issue again. Since then, the committee has had multiple meetings to review
past practices, how other cities have handled chickens and other research. The committee also
held a public hearing in August.
Apple Valley last took formal action on backyard chickens in 2014 when the council voted to
affirm a ban on chickens and other farm animals at residential properties. The vote had followed
a review of the city ordinance pertaining to household pets and farm animals prompted by
residents expressing interest in keeping goats and chickens at their single-family homes. Other
Dakota County cities allowing chickens include Lakeville, Farmington, Rosemount, Eagan and
Burnsville. All of those cities limit the number of chickens that can be kept, and some cities
require residents to get a license or permit before keeping chickens.
According to the city, the draft ordinance changes include:
• permitting chickens to be kept in all single-family zones and institutional zones for school
educational purposes;
• prohibiting roosters;
• limiting the number of chickens that can be kept to five hens;
• prohibiting butchering;
• requiring permits to keep chickens without the permission of neighbors;
• setbacks that would not allow a chicken coop in the front yard. The coop and run would have to
be closer to the property dwelling than neighboring homes and be 10 feet from the rear and side
yard lot lines; and
• not allowing chickens to be free range within a yard and requiring them to be kept in the coop
and run at all times.
During its Sept. 28 meeting the Urban Affairs Advisory Committee reviewed the public hearing
feedback and affirmed that chickens would not be permitted to be free range. Some residents at
the public hearing had asked city officials to consider allowing chickens to be free range in
enclosed backyards.
“If you have setbacks, and then you allow free range, well, then you’re allowing the chickens
right up to the property line,” Nordquist said.
Nordquist said the Urban Affairs Advisory Committee also affirmed that city staff would use a
“three strikes” approach for code compliance as it does with other city code provisions. With the
backyard chickens, if a resident does not correct a code violation after three requests, the permit
could be withdrawn by the City Council. The person could not reapply for the permit for three
years.
“More than 95% of the time, we get compliance on the first request,” he said, adding that fewer
than 1% of people generally don’t comply.
The ordinance also would not require chicken owners to get their birds vaccinated. This was a
recommendation the city got from the Minnesota Board of Animal Health, Nordquist said.
Residents who are unable to attend the public hearing can submit feedback about backyard
chickens via email to Nordquist at Bruce.Nordquist@applevalleymn.gov.
Patty Dexter can be reached at patty.dexter@apgecm.com.
Single-Family Lots By Sq. Ft.
Lot Sq. ft. Acre Total Number of Lots Percentage of Total Grouped
Lots Less than 10,000 sq.
ft. less than .229 1467 12.75% 12.75%
10,000 - 10,999 sq. ft. .23 - .253 744 6.76%
50.99%
11,000 - 11,999 sq. ft. .252 - .275 1709 15.52%
12,000 - 12, 999 sq. ft. .276 - .298 1257 11.42%
13,000 - 13,999 sq. ft. .299 - .321 1021 9.27%
14,000 - 14,999 sq. ft. .322 -.344 882 8.01%
15,000 - 15,999 sq. ft .344 -.367 718 6.52%
20.65%
16,000 - 16,999 sq. ft .368 - .390 525 4.77%
17,000 - 17,999 sq. ft. .390 - .413 380 3.45%
18,000 - 18,999 sq. ft. .414 - .436 357 3.24%
19,000 - 19,999 sq. ft. .437 - .459 293 2.66%
20,000 - 20,999 sq. ft. .460 - .482 239 2.17%
10.54%
21,000 - 21,999 sq. ft. .483 - .505 192 1.74%
22,000 - 22,999 sq. ft. .506 - .527 144 1.31%
23,000 - 23,999 sq. ft. .526 - .550 131 1.19%
24,000 - 24,999 sq. ft. .551 - .574 110 1.00%
25,000 - 25,999 sq. ft. .575 - .597 110 1.00%
26,000- 26,999 sq. ft. .598 - .619 77 0.70%
27,000 - 27,999 sq. ft. .620 - .642 48 0.44%
28,000 - 28,999 sq. ft. .643 - .665 58 0.53%
29,000 - 29,999 sq. ft. .666 - 688 51 0.46%
30,000 - 30,999 sq. ft. .689 - .711 36 0.33%
2.43%
31,000 - 31,999 sq. ft. .712 - .734 33 0.30%
32,000 - 32,999 sq. ft. .735 - .757 38 0.35%
33,000 - 33,999 sq. ft. .758 - .780 28 0.25%
34,000 - 34,999 sq. ft. .781 - .803 24 0.22%
35,000 - 35,999 sq. ft. .804 - .826 23 0.21%
36,000 - 36,999 sq. ft. .827 - .849 22 0.20%
37,000 - 37,999 sq. ft. .850 - .872 23 0.21%
38,000 - 38,999 sq. ft. .873 - .895 13 0.12%
39,000 - 39,999 sq. ft. .896 - .918 28 0.25%
40,000 - 40,999 sq. ft. .919 - .941 13 0.12%
2.64% 41,000 - 41,999 sq. ft. .942 - .964 12 0.11%
42,000 - 42,999 sq. ft. .965 - .987 16 0.15%
43,000 - 43,560 + sq. ft. 1 Acre + 250 2.27%
Total 11073 100.00% 100%
Legend
Zone PD Res'l Parcels (2,606)
Zone R-CL Parcels (411)
Zone R3 Parcels (7,572)
Zone R2 Parcels (255)
Zone R1 Parcels (167)
Zone A-Ag Residential (9)
APPLE VALLEY SINGLE FAMILY ZONING DISTRICTS
Legend
Parcels Over 40,000 (292)
Parcels 30,000 to 40,000 (268)
Parcels 20,000 to 30,000 (1,160)
Parcels 15,000 to 20,000 (2,273)
Parcels 10,000 to 15,000 (5,613)
Parcels Less 10,000 (1,467)
APPLE VALLEY SINGLE FAMILY LOT AREAS
Legend
Parcels 20,000 to 30,000 (1,160)
Parcels 15,000 to 20,000 (2,273)
Parcels 10,000 to 15,000 (5,613)
Parcels Less 10,000 (1,467)
ADJACENT LOT SIZE LOCATIONS IN CLOSE PROXIMITY
Legend
Parcels Over 40,000 (292)
Parcels 30,000 to 40,000 (268)
LARGER LOT SIZE LOCATIONS IN CLOSE PROXIMITY
Legend
Zone A-Ag Residential (9)
APPLE VALLEY AGRICULTURE ZONING DISTRICT
Chickens are currently allowed in the "A" (Agriculture) zoning district.
Home
Foundation 1,000 sq. ft.
Patio
12’ x 40’
Full Grown
Tree
75’ 134’
Lot Area: 10,050 Sq. ft.
Acres: .23 Acre
Lot Coverage: 3,245
Impervious Surface: 32%
Orrin Thompson Original Apple Valley
Front Easement: 10’
Side Easement: 5’
Single Car Garage
20’ 10’
Chicken Coop: 5’ x 5’ = 5 sq. ft./bird
Chicken Run: 10’ x 5’ = 10 sq. ft./bird
Total: 80 sq. ft. NORTH
59’
30’
Home
Foundation 1,200 sq. ft.
Deck
14’ x 30’
80’ 175’
Lot Area: 14,000 Sq. ft.
Acres: .32 Acre
Lot Coverage: 3,640
Impervious Surface: 26%
Standard R-3 Single-Family Lot
Front Easement: 10’
Side Easement: 5’
Two Car Garage
10’ 10’
Chicken Coop: 5’ x 5’ = 5 sq. ft./bird
Chicken Run: 10’ x 5’ = 10 sq. ft./bird
Total: 75 sq. ft. NORTH
Patio
90’
30’
Sample 25’ Setback from
Neighboring Principal Structure (Home)
Lot 1
Area: 15,852 Sq. Ft.
Coverage: 3,170
Impervious Surface: 20%
Lot 2
Area: 14,032 Sq. Ft
Coverage: 3,929
Impervious Surface: 28%
Corner Lot
Front Easement: 10’
Side Easement: 5’ Street Side Easement:10’
Front Setback 30’
Street Side Setback (red doted line) 20’
Two Car Garages
Chicken Coop: 5’ x 5’ = 5 sq. ft./bird
Chicken Run: 10’ x 5’ = 10 sq. ft./bird
Total: 75 sq. ft.
NORTH
30’
30’
Lot 2
23’
1
CITY OF APPLE VALLEY
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, REVISING
CHAPTER 91 OF THE CITY CODE REGULATING ANIMALS BY
ESTABLISHING PERMITTING REQUIREMENTS AND REGULATIONS FOR
THE KEEPING OF CHICKENS WITHIN THE CITY
The City Council of Apple Valley ordains:
Section 1. Chapter 91 of the Apple Valley City Code is amended by adding to Section
91.01 the following definitions to be alphabetized with the existing definitions and to read as
follows:
§ 91.01 DEFINITIONS.
* * * *
CHICK. A chicken between the age of 0 to 4 weeks.
CHICKEN. Fowl of the genus Gallus and species Gallus domesticus that is commonly
referred to as domesticated fowl.
CHICKEN COOP. Any structure used for the housing of chickens.
CHICKEN RUN. A outdoor area for the keeping and exercising of chickens.
ROOSTER. A male chicken.
Section 2. Chapter 91 of the Apple Valley City Code is amended by revising Section
91.06(D)(1) to read as follows:
§ 91.06 ANIMALS WITHIN CITY LIMITS.
* * * *
(D) Keeping of certain animals prohibited.
(1) Prohibited animals. No person shall keep, maintain or harbor within the city
any of the following animals:
(a) Any animal or species prohibited by Minnesota or federal law.
(b) Farm poultry or farm animal, except in the following cases:
2
1. Farm poultry or farm animals may be kept on property zoned
for agricultural uses.
2. Horses may be kept on property zoned R-1 Single Family
Residential (minimum lot size of 40,000 sq. ft.).
3. Chickens when kept in compliance with this chapter.
Section 3. Chapter 91 of the Apple Valley City Code is amended by adding Section
91.07 to read as follows:
§ 91.07 KEEPING OF CHICKENS.
(A) Chicken permit required. It is unlawful for any person to keep, harbor, maintain,
possess, or otherwise control any chicken within the city, except:
(1) On property zoned for agricultural uses (A);
(2) A chick kept for educational purposes on property zoned for institutional
uses (P); or
(3) Pursuant to a permit issued by the city under this subdivision on a property
zoned R-1, R-2, or R-3, or on a property designated for one family detached dwelling within a
planned development.
(B) Permit application and fees. An application for a permit hereunder shall be filed
with the Community Development Director or his/her designee upon an application form
furnished by the city. The permit fee, which shall be paid and filed with the permit application,
shall be in an amount established by City Council resolution. A permit issued hereunder shall be
for the duration of two years from the date of issuance. The initial permit application shall
include, but not be limited to, the following:
(1) The full name and address of the following persons:
(a) The applicant signed thereto; and
(b) The owner(s) of the premises on which chickens are sought to be kept
and for which the permit would apply.
(2) The street address of the premises on which chickens are sought to be kept.
(3) The number of chickens sought to be kept on the premises up to a maximum
of five.
(4) A detailed sketch plan of the premises on which chickens are sought to be
kept. The sketch plan shall include: the location of the residence on the premises; the location of
accessory structures on the premises; and the location, dimensions, and design of the chicken
coop and chicken run and setbacks to the side and rear property lines. The information regarding
3
the coop and run shall establish compliance with the chicken coop and chicken run specifications
provided in this subdivision.
(5) A statement certifying whether the property's homeowners' association rules,
if any, prohibit the keeping of chickens on the property for which the application is sought.
(6) If the applicant is not the fee owner of the premises on which the chickens
are sought to be kept and for which the permit would apply, the application shall be signed by all
fee owners of the premises.
(7) Any other and further information the city deems necessary.
(C) Permit renewal application. At least 30 days prior to the expiration of the current
permit, the applicant shall file with the Community Development Director or his/her designee on
a form prepared by the city an application for permit renewal. There shall not be a fee for a
timely filed application for permit renewal. The renewal permit application shall include, but not
be limited to, the following:
(1) The number of chickens the applicant currently maintains on the property;
(2) Confirmation that the chicken coop and chicken run remain in the same
location on the premises. If the applicant seeks to move the location of the structure, the
applicant shall file an initial permit application and pay the permit fee therefor; and
(3) Any other and further information the city deems necessary.
(D) Granting or denying issuance of permit. The Community Development Director or
his/her designee may grant an initial or renewal permit under this subdivision; however, a permit
may not be issued or renewed unless the application filed demonstrates compliance with the
requirements of this subdivision. A permit shall not be issued or renewed until the city inspects
and approve the premises, including the chicken coop and chicken run, at which chickens are
sought to be kept. At the city’s discretion, the inspection may occur through the review of
documentation and photos specified by the city. The Community Development Director or
his/her designee shall deny a permit hereunder for any of the following reasons:
(1) The application is incomplete or contains false, fraudulent or deceptive
statements.
(2) The applicant does not or has not complied with one or more of the
provisions of this subdivision.
(3) The premises for which the permit is sought, including, but not limited to, the
proposed or existing chicken coop or chicken run, is not in compliance with any provisions of
this subdivision, other City Code provisions or state laws relating to zoning, health, fire, building
or safety.
(4) The proposed chicken coop or chicken run would result in a violation of or
be inconsistent with the accessory structure zoning regulations elsewhere in this Code.
4
(5) The applicant or owner of the premises which the permit is to be used has
violated this section within the previous three (3) years of the date of the application for permit.
(6) The applicant does not own or lease the chickens proposed to be kept on the
premises.
(7) The applicant is not the occupant of the premises for which the permit is
sought to be issued.
(E) Conditions of permit. A permit granted under this subdivision shall be subject to the
following conditions:
(1) Occupancy. The owner of the chickens must occupy the premises for which
the permit is issued;
(2) Inspection. The premises, including the chicken coop and chicken run
thereon, for which a permit is issued shall at all reasonable times be open to inspection by the
Community Development Director or his/her designee or any other city official to determine
compliance with this subdivision, other City Code provisions and state laws relating to zoning,
health, fire, building or safety;
(3) Transferability of permit. A permit issued hereunder shall be
nontransferable. It is unlawful to keep, harbor, maintain, possess, or otherwise control any
chicken on property that is not identified on the permit.
(4) Specifications for chicken feed. All feed for the chickens shall be stored in
metal, water-tight, vermin-proof containers with properly fitting lids.
(5) Specifications of chicken coop and chicken run. A chicken coop and chicken
run are required. The construction and location of the chicken coop and chicken run shall be in
compliance with the applicable building and zoning regulations of the city and the following
requirements:
(a) The interior floor space of the chicken coop shall be a minimum size
of five square feet for each chicken authorized under the permit.
(b) The chicken coop and chicken run shall be professionally constructed
or of similar construction standards and materials. The exterior finish materials of the chicken
coop shall be: (i) weather-resistant, protective covering material, decay-resistant wood, or if
exterior finish wood is not decay resistant, then the wood finish shall be protected from the
elements and decay by paint or protective covering (e.g., siding, fascia wrap); and (ii) in
accordance with the accessory structure regulations set forth in the zoning regulations in this
Code.
(c) The construction of and materials used for the chicken coop and
chicken run must be adequate to prevent access by rodents.
5
(d) The chicken run shall be attached to the chicken coop. The chicken
coop and run shall be deemed as a single accessory structure and subject to the accessory
structure regulations set forth in the zoning regulations of this Code.
(e) The floor area of the chicken run shall be a minimum size of ten
square feet for each chicken authorized under the permit.
(f) The total square footage of the chicken coop and chicken run shall not
exceed 100 square feet.
(g) The chicken run shall be fully enclosed by fencing or other similar
material and may include a roof instead of fencing over the top of the run.
(h) The chicken coop and chicken run shall be located on the premises in
compliance with the following setbacks: (i) at least ten feet from the rear lot line; (ii) at least ten
feet from the side lot lines; (iii) the chicken coop and chicken run shall be closer to the residence
on the permitted property than an inhabitable building on a neighboring property.
(i) The chicken coop and chicken run, or any portion thereof, shall not be
located in the front yard, which is defined as any area located between the front lot line and the
front setback line or front building line, whichever is further from the front lot line, running from
side lot line to side lot line.
(j) The chicken coop and chicken run shall be kept in good repair as to be
in compliance with the property maintenance regulations elsewhere in this Code.
(k) The chicken coop and chicken run shall be kept in a sanitary and
odor-free condition, including the regular and frequent removal and proper disposal of any
accumulated chicken feces or waste, dirt or filth that could create a safety or health hazard.
Composting of chicken feces and waste is prohibited.
(l) The chicken coop and chicken run shall be immediately removed
when: (i) a permit granted under this subdivision expires or is revoked; or (ii) when the chicken
coop and chicken run are no longer used for harboring chickens.
(m) Supplying electricity to the chicken coop or chicken run by extension
cord is not permitted. A separate electrical permit shall be required to install a supply of
electricity to the chicken coop or chicken run.
(6) Regulations. The keeping, harboring, maintaining, or possessing of any
chicken under a permit issued pursuant to this subdivision shall be in accordance with the
following:
(a) No more than five chickens shall be kept or harbored on the premises
to which the permit applies.
(b) Roosters are prohibited.
6
(c) Slaughtering of chickens on any property zoned for residential or
institutional use is prohibited.
(d) No chickens shall be kept, maintained, housed or permitted inside any
residential dwelling or any garage.
(e) Chickens shall be kept in the chicken coop or chicken run at all times.
When transferring a chicken into or out of the coop or run, the chicken shall be transported in a
fully enclosed container such as a cage.
(f) Chickens shall not be kept in such a manner as to constitute a public
nuisance. Any violation of the provisions of this subdivision shall be deemed a public nuisance.
(g) No chicken eggs shall be sold or offered for sale; all chicken eggs
shall be for personal use or consumption.
(7) Revocation of permit. A violation of any provision of this subdivision or any
provisions of the permit issued hereunder shall constitute grounds for revocation of a permit.
Section 4. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. _____” a copy of which is attached hereto
clearly informs the public of the intent and effect of the ordinance. The City Council further
determines that publication of the title and such summary will clearly inform the public of the
intent and effect of the ordinance.
Section 5. Filing. A copy of the ordinance shall be filed in the office of the City Clerk.
This copy shall be available for inspection by any persons during regular office hours.
Section 6. Publication. The City Clerk shall publish the title of this ordinance and the
official summary in the official newspaper of the City with notice that a printed copy of the
ordinance is available for inspection by any person during regular office hours at the Office of the
City Clerk.
Section 7. Effective date. This ordinance shall take effect upon its passage and the
publication of its title and the official summary.
7
PASSED by the City Council this ____ day of ________, 2021.
Clint Hooppaw, Mayor
ATTEST:
Pamela J. Gackstetter, City Clerk
8
CITY OF APPLE VALLEY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, REVISING
CHAPTER 91 OF THE CITY CODE REGULATING ANIMALS BY
ESTABLISHING PERMITTING REQUIREMENTS AND REGULATIONS FOR
THE KEEPING OF CHICKENS WITHIN THE CITY.
The following is the official summary of Ordinance No. ____ passed by the City Council of Apple
Valley on _________________, 2021:
Chapter 91 of the City Code is revised to add chicken related definitions and to permit
the keeping of up to five chickens on property zoned “R-1,” “R-2,” or “R-3,” or on
property designated for one family detached dwelling within a planned
development, subject to regulations and a two year permit. Chapter 91 of the City
Code is amended to permit the keeping of a chick for educational purposes on
property zoned “P” for institutional uses.
A printed copy of the ordinance is available for inspection by any person during regular office
hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W.,
Apple Valley, Minnesota 55124.
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PD-167MN Zoological Gardens
PD-168Valleywood Municipal GC
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ACRES:PERCENT:DESIGNATIONS:
SH - Shoreland District
Zoning MapSources:
The Zoning Designations on this map are a representation of a combinationof maps and ordinances which make up the complete Apple Valley ZoningRegulations. All Zoning Designations are subject to change. Information on each Planned Development available at Apple Valley Municipal Center.Zoning district land areas are estimates based upon map elements.Latest Revision: Ordinance Number 1087 Date: 06/10/2021City of Apple Valley Planning DepartmentTelephone (952) 953-2575
APPLE VALLEYCity of
®
0 2,300 4,6001,150
Feet
0 0.5 10.25
Miles
1 inch = 2,500 feet
1:30,000RF =
Map Print Date: 8-30-2021
Residential:238.7159.02,824.7173.045.521.0
2.1%1.4%25.2%1.5%0.4%0.2%
Multiple Family (A,B,C):M-1 - 3-4 Units/AcreM-2 - 3-5 Units/AcreM-3 - 3-6 Units/AcreM-4 - 6-8 Units/AcreM-5 - 6-10 Units/AcreM-6 - 6-12 Units/AcreM-7 - 12-20 Units/AcreM-8 - 12-24 Units/Acre
0.026.1136.383.229.192.2131.278.2
0.0%0.2%1.2%0.7%0.3%0.7%1.2%0.7%
Business:NCC - Neighborhood Convenience CenterLB & LB-1 - Limited BusinessGB & GB-1 - General BusinessRB - Retail BusinessSC - Regional Shopping CenterVB - Vistor Business
4.433.422.0183.10.000.00
0.04%0.3%0.2%1.6%0.00%0.00%
Industrial:BP - Business ParkI-1 - Limited IndustrialI-2 - General Industrial
34.479.2113.4
0.3%0.7%1.0%
Other:PD - Planned DevelopmentA - AgriculturalSG - Sand & GravelP - InstitutionalExisting Lakes/PondsRight-of-Way
2,657.953.4297.21,293.8359.32,030.5
23.7%0.5%2.7%11.5%3.2%18.3%
Community DevelopmentDepartment
Dakota County GIS
R-1 - Single Family 40,000 Sq. FtR-2 - Single Family 18,000 Sq. FtR-3 - Single Family 11,000 Sq. FtR-CL Residential ClusterR-5 - Two Family 15,000 Sq. FtLDF Low Density Flex
11,191 100.00%TOTALS:
I T E M: 6.A.
P L A NNI NG C O MMI S S I O N ME E T I NG D AT E :October 20, 2021
S E C T I O N:Other Business
Description:
Review of Upcoming S chedule and Other Updates
S taff Contact:
Carol Kovacic, Department Assistant
Department / Division:
Community Development Department
AC T I O N RE Q UE S T E D:
N/A
S UM M ARY:
Next P lanning Commission Meetings:
Wednesday, November 3, 2021 - 7:00 p.m.
Wednesday, December 1, 2021 - 7:00 p.m.
Public hearing applications due by 9:00 a.m. on Wednesday, November 3, 2021.
Site plan, variance applications due by 9:00 a.m. on Wednesday, November 17, 2021.
Next City Council Meetings:
T hursday, October 28, 2021 - 7:00 p.m.
Tuesday, November 9, 2021 - 7:00 p.m.
B AC K G RO UND:
N/A
B UD G E T I M PAC T:
N/A