Oct 19, 2022 Planning &amp; Zoning Meeting - 10/19/2022

OKAY, BEFORE THIS MEETING, WE HAD A STUDY SESSION TALKING ABOUT THE ITEMS ON THE AGENDA.

VICE CHAIR.

SO,

[ Consent Agenda Items listed on the Consent Agenda may be enacted by one motion and one vote. If a discussion is required by members of the Board or Commission, the item will be removed from the Consent Agenda for discussion and determination will be made if the item will be considered separately.]

THE ITEM THAT IS ON ACTION FOR TONIGHT IS THE, UM, ZONING ORDINANCE FOR THE ZONING CODE AMENDMENT, EXCUSE ME, FOR BACKYARD CHICKENS.

BUT, UM, STAFF, THERE WAS A COUPLE STIPULATIONS, IF SOMEBODY WANTS TO CLARIFY THOSE FOR US, FOR THE COMMISSION, I'D APPRECIATE IT.

THANK YOU, MR. CHAIR.

UH, ITEM NUMBER THREE.

THERE WAS A STIPULATION ADDED REGARDING, UH, THE LANDSCAPING ALONG THE QUEEN ROAD, UH, WHICH IS PDP STIPULATION NUMBER SIX, WHICH READS 50% OF TREES PLANTED ALONG THE QUEEN ROAD SHALL BE A MINIMUM OF A 36 INCH BOX, OR, YEAH, MINIMUM, A 36 INCH BOX AND 12 FEET HIGH AT THE TIME OF PLANTING.

AND 50% SHALL BE A MINIMUM OF 48 OF A 48 INCH BOX AT THE TIME OF PLANTING.

OKAY, GREAT.

AND, AND ALSO, JUST AS A NOTE ON THAT ONE, THERE ARE SOME EXISTING TREES THERE.

SO IF THE APPLICANT'S ABLE TO WORK THOSE TREES, THEN THAT KIND OF COVERS SOME OF THE 48 INCH ONES, THOUGH.

AND FOR ITEM NUMBER FOUR, UH, IF WE COULD ADD, UH, ADDITIONAL REZONING.

STIPULATION NUMBER 11, COMMERCIAL DEVELOPMENT MUST OCCUR ADJACENT TO ARIZONA AVENUE IN PARCELS ONE AND TWO, EXCLUDING ANY MIXED USE BUILDING PRIOR TO ANY MULTIFAMILY USE ON PARCEL FOUR, AS WELL AS, UH, PDP STIPULATION NUMBER THREE AS PART OF THE, OH, PARDON OF ME.

PDP STIPULATION NUMBER THREE SHOULD BE REVISED TO READ AS PART OF THE ADMINISTRATIVE DESIGN REVIEW PROCESS WHERE STAFF DETERMINES THE PROPOSED SITE IMPROVEMENTS DO NOT ACHIEVE A HIGH QUALITY INTERCONNECTED MISUSE DEVELOPMENT.

THE REQUEST SHALL REQUIRE AN AMEND, AN AMENDED PRELIMINARY DEVELOPMENT PLAN.

GREAT.

TO THE AUDIENCE, UM, THESE ITEMS WILL BE VOTED, VOTED ON THIS ONE MOTION.

IF ANYBODY WOULD LIKE TO HAVE A QUESTION OR ASK ABOUT ANY OF THESE OTHER ITEMS OTHER THAN THE CHICKENS, LIKE I SAID, WE'LL TALK ABOUT THAT IN A LITTLE BIT.

UM, ANYBODY IN THE AUDIENCE? OKAY.

WHAT'S THE COMMISSION'S PLEASURE? THROUGH THE CHAIR, VICE CHAIR? UH, I'D LIKE TO MAKE A MOTION TO APPROVE THE CONSENT AGENDA WITH THE RIGHT END STIPULATIONS FROM CITY STAFF.

GREAT.

I HAVE A MOTION.

DO I HAVE A SECOND? A MOTION TO SECOND MOTION.

MORGAN, ANY COMMENTS FROM ANY OF THE COMMISSIONERS? OKAY.

ALL THOSE IN FAVOR SAY AYE.

AYE.

ANY POSED? ANY ABSTENTIONS? GREAT.

THANK YOU TO STAFF.

ITEM ON THE AGENDA IS THE ZONING CODE AMENDMENT FOR PLH 2163 BACKYARD CHICKENS.

[7. Zoning Code Amendment, PLH21-0063 Backyard Chickens Move Planning and Zoning Commission recommend approval of an amendment to Chapter 35- Land Use and Zoning for PLH21-0063 Backyard Chickens, by adding the definition of a chicken coop, as recommended by Planning staff.]

SO BEFORE YOU START, LAUREN, I KNOW IT'S PART OF YOUR PRESENTATION, I JUST WANNA MAKE A NOTE TO THE AUDIENCE THAT WHAT THE COMMISSION'S PERIOD TONIGHT IS REALLY BASICALLY LAYING OUT WHAT THE DEFINITION IS OF A, UM, CHICKEN COOP.

IS, UM, THE, THE FACT OF HAVING CHICKENS OR NOT HAVING CHICKENS WILL BE THE PURVIEW OF THE MAYOR AND THE COUNCIL, I BELIEVE ON NOVEMBER 10TH IS WHEN IT'S COMING TO THE COUNCIL.

BUT, UM, CITY ATTORNEY, CAN YOU CLARIFY THAT SO THAT THE PUBLIC UNDERSTANDS WHAT WE'RE OUR ROLE IS TONIGHT? SURE.

CHAIR.

GOOD EVENING, COMMISSIONERS.

UH, YEAH, JUST TO REITERATE, REITERATE WHAT, UH, MR. HUMAN SAID.

UH, THIS IS SIMPLY A VOTE ON THE DEFINITION OF A CHICKEN COOP THAT IS GOING IN CHAPTER 35.

AGAIN, THE, THE PUBLIC WILL HAVE A CHANCE TO ADDRESS THE COUNCIL ON NOVEMBER 10TH WHEN THE ACTUAL VOTE ABOUT ALLOWING CHICKENS OR NOT IS GONNA COME, UH, TO THE COUNCIL.

SO WE'RE HERE TO DISCUSS THE, UH, THE DEFINITION OF CHICKEN COOP.

THANK YOU VERY MUCH, LAUREN.

YOU'RE UP.

BEFORE YOU THIS EVENING IS AN ACTION ITEM PLH 2163, BACKYARD CHICKENS.

OUR CITY CO A CITY COUNCIL MEMBER, UH, INITIATED

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A CITYWIDE, UH, CODE AMENDMENT TO CONSIDER ALLOWING FOR ALL SINGLE FAMILY LOTS TO ALLOW FOR BACKYARD CHICKENS.

AS IT WAS JUST SAID TO YOU, UM, THE PROPOSED REGULATIONS REGARDING KEEPING OF BACKYARD CHICKENS, THEY'RE GOING TO BE ADDED TO A CHAPTER WITHIN OUR CITY CODE CHAPTER 14, WHICH IS ENTITLED ANIMALS WHICH REGULATES ANIMALS THROUGHOUT THE CITY AS WELL.

UH, WE WILL BE ADDING THE DEFINITION OF A CHICKEN COOP TO CHAPTER 35, THE LAND USE AND ZONING CHAPTER.

UH, THE POWERS AND DUTIES OF THE PLANNING AND ZONING COMMISSION ARE LIMITED TO MAKING RECOMMENDATIONS TO THE CITY COUNCIL REGARDING ITEMS WITHIN CHAPTER 35.

SO THE REQUEST BEFORE YOU THIS EVENING IS TO AMEND CHAPTER 35 BY ADDING THE DEFINITION OF A CHICKEN COOP.

SO FOR THIS EVENING, PLANNING AND ZONING COMMISSION MAY ONLY VOTE ON THE PROPOSED DEFINITION OF A CHICKEN COOP WITHIN CHAPTER 35, LAND USE AND ZONING.

CURRENTLY TODAY, AS IT SITS, UH, A SINGLE FAMILY HOME CAN HAVE THE FOLLOWING STRUCTURES WITHIN THEIR BACKYARD.

THEY'RE ALLOWED TO HAVE ONE SMALL STORAGE SHED USED FOR THE PURPOSE OF STORAGE, UH, NO LARGER THAN 120 SQUARE FEET, GENERALLY SEVEN FEET TALL, UH, ONE ACCESSORY BUILDING.

UH, THERE'S NO MAXIMUM SQUARE FOOTAGE AS LONG AS THEY'RE MEETING BUILDING SETBACKS AND, UM, LOT COVERAGE AS WELL AS, UH, SINGLE FAMILY LOTS ARE ALLOWED TO HAVE MULTIPLE SMALL OPEN AIR MATERS AS LONG AS THEY DON'T SEED EXCEED 150 SQUARE FEET.

SO THE REQUEST BEFORE YOU TONIGHT IS TO ADD THE DEFINITION OF A CHICKEN COOP TO CLASSIFY AND CLARIFY, UH, A SEPARATE STRUCTURE FOR CHICKEN COOPS.

UH, THE, THE DEFINITION WILL BREED A SMALL STRUCTURE THAT IS USED AS A CAGE OR HOUSING ENCLOSURE FOR CHICKENS.

A CHICKEN COOP INCLUDES ANY CHICKEN RUN OR ATTACHED ENCLOSURE IN WHICH CHICKENS ARE ALLOWED TO ROAM.

A CHICKEN COOP EXCEEDING 120 SQUARE FEET IN SIZE OR TALLER THAN SEVEN FEET, REQUIRES A BUILDING PERMIT AND IS CONSIDERED AN ACCESSORY BUILDING FOR PURPOSES OF THIS CHAPTER.

SO, HOW DID WE GET HERE? CURRENTLY TODAY, WITHIN THE CITY OF CHANDLER, WE DO ACTUALLY ALLOW FOR SOME PROPERTIES TO ALLOW FOR CHICKENS PROPERTIES THAT ARE ZONED A G ONE, WHICH ARE GENERALLY ONE ACRE LARGE, AND ALLOW FOR AGRARIAN TYPE PURPOSES, AS WELL AS, UH, SF 33 ZONE PROPERTIES, WHICH ARE GENERALLY 33,000 SQUARE FOOT LOTS.

THEY ALLOW FOR CHICKENS, THEY ALLOW FOR UNLIMITED AMOUNT OF CHICKENS.

UH, HOWEVER, WITHIN THE CITY OF CHANDLER ROOSTERS ARE PROHIBITED.

UH, THEY'RE NOT PERMITTED ANYWHERE WITHIN THE CITY BOUNDARIES.

UH, THE PROPOSED CODE AMENDMENT, UH, WILL NOT AFFECT HOW CHICKENS ARE PERMITTED WITHIN AG ONE OR SF 33.

THIS ISN'T THE FIRST TIME WE'VE LOOKED AT THIS CODE AMENDMENT.

IN 2013, A GROUP OF RESIDENTS INITIATED A CODE AMENDMENT.

THEY ASKED STAFF TO CONSIDER ALLOWING FOR BACKYARD CHICKENS.

IT WENT BEFORE THE PLANNING AND ZONING COMMISSION, UH, AND IT WAS RECOMMENDED FOR APPROVAL FOR FOUR TO TWO.

AND AT THAT TIME, IT WAS ALL UNDER CHAPTER 35.

HOWEVER, UH, AFTER MULTIPLE DISCUSSIONS WITH MULTIPLE DEPARTMENTS, CITY MANAGERS, OFFICE, CITY ATTORNEY'S OFFICE, NEIGHBORHOOD SERVICES, PLANNING, UM, IT WAS DECIDED THAT CHICKENS ARE BETTER UNDER, UH, THE CHAPTER ENTITLED ANIMALS THAT REGULATE ANIMALS.

ULTIMATELY, THE AMENDMENT WAS DENIED AT CITY COUNCIL FOUR TO THREE, UH, COUNCIL MEMBERS HAD CONCERNS REGARDING THE ABILITY TO ENFORCE, UH, ANY CITATIONS AND THE TIMELINES TO CORRECT THE, UH, THE VIOLATION.

SO WE'RE, WE'RE HERE TODAY, AND AS I SAY, STATED, UH, THIS IS A CITY COUNCIL INITIATED CODE AMENDMENT.

SO ONE OF OUR FIRST STEPS WE HAD TO TAKE A LOOK AT WHAT DO OTHER CITIES DO.

WE TAKE A LOOK AROUND THE VALLEY.

I HAVE A CHART BEFORE YOU, IT CALLS OUT HOW OTHER CITIES WITHIN OUR NEIGHBORING COMMUNITIES ALLOW FOR CHICKENS.

IF YOU LOOK, A MAJORITY OF THEM ALLOW FOR CHICKENS BY RIGHT, WITH THE EXCEPTION OF, OF GLENDALE CHANDLER REQUIRING A MINIMUM LOT SIZE.

CITY OF AVONDALE DOES NOT PERMIT FOR CHICKENS.

YOU LOOK AT THESE NUMBERS, IT COULD BE DECEIVING FIVE TO 37 PLUS.

SO WE BROKE IT DOWN THROUGHOUT THE VALLEY THERE.

A COUPLE OF CITIES DECIDE TO BREAK DOWN THE AMOUNT OF CHICKENS PER SQUARE FOOTAGE, WHILE OTHER CITIES, UH, JUST GIVE A FLAT MAX OF FIVE

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CHICKENS OR, UH, SUCH AS THE CITY OF TEMPE.

UH, HOWEVER, CITY OF SCOTTSDALE, THEY HAVE NO LIMIT, NO LOT SIZE, NO RESTRICTIONS.

YOU'RE ALLOWED TO HAVE UNLIMITED AMOUNT OF CHICKENS ON ANY PROPERTY.

NEXT STEP, WE LOOKED AT ROOSTERS.

A MAJORITY OF 'EM ALLOWED FOR ROOSTERS ON CERTAIN LARGER, LARGER LOTS.

WE LOOKED AT COOP REQUIREMENTS.

UH, THEY ALL REQUIRED COOPS AND REQUIRED BUILDING SETBACKS, UH, WITH A MAJORITY OF 'EM FALLING, UH, REQUIRING A FIVE FOOT SETBACK WHEN THE CHICKEN COOP WAS PLACED IN THE REAR YARD.

WE ALSO DID A LITTLE BIT OF RESEARCH TO FIGURE OUT HOW MANY COMPLAINTS THERE WERE.

UH, WE LOOKED AT THE YEAR 2021, AND AS YOU CAN SEE, THERE'S A LIST OF ALL OF THE COMPLAINTS AND THE ISSUES THAT WERE CITED GENERALLY, UH, ROOSTERS AND FERAL CHICKENS.

FROM THERE, STAFF DRAFTED CODE.

SO, AS WE STATED TONIGHT, YOU'LL BE ONLY VOTING ON A DEFINITION OF A CHICKEN COOP UNDER CHAPTER 35.

HOWEVER, I WOULD LIKE TO PR PROVIDE YOU WITH SOME CONTEXT OF WHAT THE OVERALL CODE AMENDMENT IS INCLUDING.

SO UNDER CHAPTER 13, THE PROPOSED CODE AMENDMENT WOULD ALLOW FOR CHICKENS WITHIN ALL SINGLE FAMILY LOTS.

THEY WOULD ALLOW FOR FIVE HENS, NO ROOSTERS.

THEY WOULD BE REQUIRED TO HAVE A CHICKEN COOP MEETING, A SETBACK OF FIVE FEET FROM ALL PROPERTY LINES WITHIN CHAPTER 14.

IT WOULD ALSO IDENTIFY THAT ENFORCEMENT WOULD BE DONE BY CODE ENFORCEMENT.

I WOULD LIKE TO ALSO POINT OUT, SINCE 2013 TO TODAY, UH, THERE HAVE BEEN SOME CHANGES IN ENFORCEMENT IN 2022.

2020, PARDON ME, MEAN, 2020.

UH, THE PROPERTY MAINTENANCE CODE WAS UPDATED TO STREAMLINE THE CITATION PROCESS AS WELL AS ANIMAL WASTE WAS DEFINED.

UH, CURRENTLY CODE ENFORCEMENT, THEY DID GET SOME NEW SOFTWARE SYSTEM TO HELP THEM MANAGE THEIR CASELOAD, AND THEY HAVE PRINTERS AND COMPUTERS WITHIN THEIR CAR.

SO IF THEY SEE A CITATION WHERE THEY SEE A VIOLATION, THEY'RE ABLE TO, UH, PRINT OUT NOTICE AND, UH, GIVE TO PROPERTY OWNER.

ALL RIGHT.

UNDER CHAPTER 14, UH, WE ESTABLISH THE BUILDING SETBACK OF FIVE FEET, UH, IN LIEU OF A MINIMUM LOT SIZE.

UH, WHEN WE TOOK A LOOK AT DIFFERENT LOT SIZES THROUGH WITHIN THE CITY OF CHANDLER ON YOUR SCREEN, I HAVE A 10,000 AND 8,000, A 6,000, AS WELL AS A 2,700 SQUARE FOOT LOT.

UM, A MINIMUM LOT SIZE, UM, OR PARDON ME, A MINIMUM SETBACK OF FIVE FEET.

UM, SEEMED TO BE PRETTY CONSISTENT WITH WHAT ALL THE OTHER CITIES DID, AND STILL MAINTAINED, UH, THE ABILITY TO LIMIT THE SIZE OF PROPERTIES.

YOU KNOW, IF WE LOOK AT THE PATIO HOME BY REQUIRING A FIVE FOOT SETBACK, PATIO HOMES PROBABLY WOULDN'T BE ABLE TO GET CHICKENS.

UH, AT THIS POINT.

I WOULD ALSO LIKE TO STATE, UM, HOMEOWNERS ASSOCIATIONS HAVE THE ABILITY TO PROHIBIT, UH, THE PRO UH, THE KEEPING OF CHICKENS, UH, WITHIN THEIR CCNRS.

WITHIN THE CITY OF CHANDLER, 71.5% OF OUR NEIGHBORHOODS ARE LOCATED WITHIN AN HOA.

THE MAT BEFORE YOU, UH, SHOWS, UH, SINGLE FAMILY HOMES WITHOUT A HOA, THEY'RE OUTLINED IN BLUE.

UH, THE ONES IN MAROON ARE SINGLE FAMILY SUBDIVISIONS THAT HAVE AN HOA.

AND THEN THE GREEN HATCHED AREAS ARE, UH, RESIDENTIAL PROPERTIES.

SINGLE FAMILY LOCATED WITHIN MARICOPA COUNTY'S JURISDICTION.

NOW, UNDER THE PROPOSED ZONING CODE AMENDMENT UNDER CHAPTER 35 IN LAND USE, UH, WE WOULD PROPOSE ADDING CHICKEN COOP TO THE DEFINITIONS TO CLASSIFY IT AS A TYPE OF STRUCTURE WE WOULDN'T WANT ANY CONFUSION OF.

IS IT A STORAGE SHED? IS IT AN ACCESSORY BUILDING? UH, SO WE WANTED CLARIFICATION, AND HENCE THE ADDITION TO THE DEFINITION OF A CHICKEN COOP.

UH, ANY CHICKEN COOP THAT WOULD EXCEED 120 SQUARE FEET AND SEVEN FEET IN HEIGHT WOULD REQUIRE A BUILDING PERMIT AND WOULD BE RE BE REQUIRED OR WOULD BE CLASSIFIED AS THE ONE ACCESSORY STRUCTURE THAT A RESIDENT COULD HAVE.

ALL COOPS CONNECTED TO UTILITIES, WATER, ELECTRICITY WOULD REQUIRE A PERMIT REGARDLESS OF SIZE.

THE CITY DID SOME PUBLIC OUTREACH IN JUNE OF 2022.

UH, A SURVEY WAS PUT ON OUR WEBSITE AS OF LAST WEDNESDAY.

AT THE TIME OF DRAFTING

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MY MEMO, WE HAD A TOTAL OF 185 RESPONSES.

OF THOSE 138 OF THE RESPONSES WERE RESIDENTS IN FAVOR OF CHICKENS.

AND 39 IN OPPOSITION.

RESIDENTS WHO SUBMITTED, UH, MULTIPLE ENTRIES WERE COUNTED AS ONE.

UH, THERE IS A MAP.

UH, WE WERE ABLE TO, BECAUSE THE ADDRESS WAS PROVIDED IN THOSE COMMENTS, WE WERE ABLE TO, UM, MAP THEM OUT.

HOUSEHOLDS THAT SUBMITTED, UH, MULTIPLE ENTRIES, UH, EACH STOP REFLECTS ONE HOUSEHOLD.

UM, AND AS YOU CAN SEE, WE'VE HAD, UH, AN OVERWHELMING SUPPORT FOR BACKYARD CHICKENS WITHIN NORTH CHANDLER IN THE NON HOA VISIONS.

THE CITY HAS ALSO POSTED ON OUR SOCIAL MEDIA ACCOUNTS, FACEBOOK, TWITTER, INSTAGRAM, AND NEXT DOOR APP.

THIS EVENING, YOU MAY HEAR, UM, YOU KNOW, SOME CONCERNS AS WELL AS SOME, UH, PEOPLE FOR CHICKENS.

UH, THE THINGS I'VE READ, UH, THROUGH THOSE COMMENTS, ALL 185 OF 'EM, YOU KNOW, PEOPLE ARE FOR WANTING TO BE ABLE TO PROVIDE THEIR FAMILY FRESH EGGS AND KNOWING WHERE THEIR FOOD CAME FROM.

UH, CHICKENS MAKE GREAT PEST CONTROL.

UH, THE DROPPINGS ARE EXCELLENT.

FERTILIZER RESIDENTS HAVE THE ABILITY TO CONNECT BACK TO NATURE, AS WELL AS EDUCATE THEIR CHILDREN AND THEIR FAMILY.

UH, AND WE'VE BEEN TOLD THAT CHICKENS ARE, CAN BE USED FOR THERAPY ANIMALS.

UH, HOWEVER, YOU KNOW, WE DO HAVE PEOPLE WITH CONCERNS REGARDING THE NOISE.

UH, I'M TOLD THAT HENS GENERALLY MAKE CLUCKING NOISE FOR ABOUT FIVE MINUTES WHEN THEY'RE LAYING AN EGG, BUT GENERALLY ARE, ARE RELATIVELY QUIET.

UM, AT NIGHT, THEY TEND TO GO IN THEIR COOP AND REST, UH, ODOR, HEALTH CONCERNS, TRESPASSING AND ROAMING, BUILDING SAFETY AND ENFORCEMENT.

SO THIS EVENING, I WOULD LIKE TO REMIND YOU AGAIN THAT, YOU KNOW, THE DUTIES OF THE PLANNING AND ZONING COMMISSION ARE TO, UH, MAKE A RECOMMENDATION TO OUR CITY COUNCIL REGARDING ITEMS WITHIN CHAPTER 35, LAND USE AND ZONING.

SO YOU CAN ONLY VOTE ON, UH, ADDING THE DEFINITION OF A CHICKEN COOP.

UH, STAFF HAS REVIEWED OTHER CITIES WHO'VE HAD CHICKENS FOR DECADES, AND, YOU KNOW, THROUGH CODE ENFORCEMENT AND CONVERSATIONS WITH OTHER MUNICIPALITIES, CODE ENFORCEMENTS, UH, CHICKENS DON'T SEEM TO BE A PROBLEM.

THE, AND STAFF RECOMMENDS APPROVAL OF ADDING THE DEFINITION OF CHICKEN COOPS TO THE ZONING CODE, UH, TO ADD CLARITY REGARDING THE DIFFERENT TYPES OF STRUCTURES PERMITTED WITHIN A YARD.

AND WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS.

LAUREN, THANK YOU FOR YOUR PRESENTATION.

COULD YOU DO ME A FAVOR AND GO BACK A FEW SLIDES? YOU, YOU KNOW, YOU HAD THE 185 PEOPLE THAT WERE IN FAVOR OF IT.

IF YOU TAKE OUT ALL THE PEOPLE THAT LIVE IN AN HOA, WHICH WHICH ARE CONTROLLED, WHAT'S THE RATIO THEN? CHAIR, HUMAN.

I DON'T HAVE THAT NUMBER HANDY, BUT I COULD PROBABLY GET IT FOR YOU.

MAYBE WHEN YOU GET TO COUNCIL.

CAUSE I KNOW THAT'LL COME UP IN COUNCIL.

THERE'S A LOT OF YELLOWS THAT ARE IN FAVOR OF THINGS, BUT THEY'RE ALSO IN HOAS, WHICH DOESN'T PERTAIN TO THEM BECAUSE THEY'RE MOST LIKELY GONNA HAVE RULES ABOUT THAT.

SO, UM, QUESTION FROM THE COMMISSION FOR LAUREN.

THANK YOU, MR. CHAIR IN LAUREN.

GREAT PRESENTATION.

THAT WAS VERY THOROUGH WITH EVERYTHING, JUST BEING A NEW MEMBER AND UNDERSTANDING THE HISTORY.

THE QUESTION I HAD RELATED TO KIND OF THE SIZE AND, AND YOU, YOU KIND OF ANSWER IT, YOU SAID, IF, IF SOMEBODY WERE TO CHOOSE A CHICKEN COOP THAT WAS, UH, 120 SQUARE FEET, THEY CAN NO LONGER BUILD AN ACCESSORY BUILDING.

SO I GUESS THE QUESTION THAT I HAD WAS ON A LARGER LOT, SAY 15,000 SQUARE FEET OR SOMETHING, AND I WANTED BOTH AN ACCESSORY BUILDING AND A CHICKEN COOP, AND REALLY KIND OF HAVE TO PICK BETWEEN.

IS THERE ANY SUGGESTIONS YOU MIGHT HAVE, LIKE BEFORE THE RESIDENTS TO WHERE THEY CAN KIND OF GET BOTH? OR IS IT JUST, YOU'RE JUST CURIOUS, UH, THROUGH THE CHAIR? COMMISSIONER? UH, JUST TO CLARIFY, UH, THE REASON WE ARE REQUESTING, UH, TO ADD THE DEFINITION IS, UM, SO CURRENTLY IF THIS GETS APPROVED, UM, THE CHICKEN COOP WOULD STATE UNDER CHAPTER 14, UH, IF IT'S 120 SQUARE FEET, NOT TALLER THAN SEVEN FEET, THAT'S CONSIDERED A, A CHICKEN COOP.

IT'S WHEN YOU WANNA GO LARGER THAN 120 SQUARE FEET OR TALLER THAN SEVEN FEET, THEN

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IT BECOMES YOUR ONE ACCESSORY BUILDING.

UM, BUT AS TO A, A SUGGESTION, UM, UNLESS YOU'RE, UH, WITH ACCESSORY BUILDINGS, YOU'RE MEETING SETBACKS AND LOCK COVERAGE, I MEAN, WHAT'S TO SAY? YOUR, UM, SMALL GUEST HOUSE, CASITA HAS A CHICKEN COOP ATTACHED TO IT AND IT'S PART OF YOUR ACCESSORY BUILDING.

RICHARD QUINN.

UM, SO IF IT'S LARGER THAN ONE 20, IT TAKES THE PLACE OF YOUR ACCESSORY BUILDING OR WOULD BE BUILT IN CONJUNCTION WITH AN ACCESSORY BUILDING.

IF YOU GOT SAVVY WITH IT AT ONE 20 OR BELOW, DOES IT REPLACE YOUR STORAGE SHED, UH, THROUGH THE CHAIR COMMISSIONER? UH, NO.

UH, YOU'RE ALLOWED TO HAVE ONE STORAGE SHED AND ONE CHICKEN COOP.

OTHER QUESTIONS? LAUREN? I HAVE A COUPLE MORE QUESTIONS FOR YOU.

UM, IT'S THE PRETTIEST CHICKEN COOP I'VE EVER SEEN.

IT'S BETTER THAN SOME PEOPLE'S HOUSES.

UM, I'VE ALSO SEEN CHICKEN COOPS THAT ARE TOTALLY CHICKEN WIRE AND, YOU KNOW, PLYWOOD AND HOMEMADE AND PAINTED THROUGH 13 DIFFERENT COLORS.

UM, WHAT'S THE, THE, YOU SHOWED AN EXAMPLE OF THE SIZE OF LOTS.

IF YOU'RE ON A 2,700 SQUID FOOT LOT, UM, HOW DOES THAT, WHERE WOULD YOU PUT IT? I MEAN, ONE OF MY CONCERNS, AND WE'RE NOT VOTING ON IT TONIGHT, BUT, OR WE MAYBE BE ABLE TO PUT IN STIPULATIONS, AND I KNOW COUNCIL TALKED ABOUT IN THE WORK SESSION I WAS, THERE IS THE SETBACKS FOR PEOPLE.

SO, YOU KNOW, ON A GREAT BIG LOT, IT'S NOT AS BIG A DEAL.

YOU'RE GONNA BE FURTHER AWAY.

BUT ON THAT 2,700 FOOT SQUARE LOT, IF YOU'RE, IF YOU'RE USING THE FIVE FOOT NUMBER, YOU'RE BASICALLY GONNA BE WHAT, MAYBE POSSIBLY RIGHT OUT SOMEBODY'S WINDOW.

UH, CHAIR, COMMISSIONER, UM, YEP, THE SETBACK.

IT, IT IS USED TO CREATE A BUFFER FROM YOUR ADJACENT NEIGHBORS OF, SO THAT FIVE FEET, YOU KNOW, THE PATIO HOMES, THE ONES THAT I'VE, I'VE TAKEN A LOOK AT, THEY'RE ALL PRETTY TIGHT.

SO FIVE FOOT IT, IT WOULD ALMOST SEEM IMPOSSIBLE FOR THEM TO GET CHICKENS BECAUSE THEY WOULDN'T BE ABLE TO PUT THEM IN A COOP.

AND MY OTHER THOUGHT, AND WE HAVE SOME SPEAKER CARDS HERE AS WELL, IS THAT WE TALK ABOUT ALL THESE OTHER CITIES, BUT ONE OF THE THINGS CHANDLER'S ALWAYS TALKED ABOUT IS WE'RE CHANDLER, SO WE'D LOVE TO COMPARE OURSELVES SOMETIMES, BUT AT THE SAME TIME, WE'VE ALWAYS TALKED ABOUT HOW CHANDLER'S A DIFFERENT LEVEL THAN OTHER CITIES AROUND.

SO ANYWAY, UM, ANY OTHER QUESTIONS FOR STAFF? OKAY, I'VE GOT, UM, A BUNCH OF DIFFERENT SPEAKER CARDS, BUT I HAVE ONE SPEAKER CARD CUZ EVERYBODY ELSE SEEMS TO BE GIVING ONE PERSON THEIR TIME.

UH, DAVID DELGADO, YOU WANNA COME UP, STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

YOU HAVE THREE MINUTES.

CLERK.

UM, CLERK, COULD YOU SET THE TIMER PLEASE FOR THREE MINUTES? SO YOU'LL HAVE THREE MINUTES, SIR, IF YOU CAN STATE YOUR NAME AND ADDRESS FOR THE RECORD, IT'D BE GREAT.

MY NAME'S DAVID DELGADO, THE 2160 EAST ULET DRIVE.

CHANDLER.

UM, THANK YOU FOR ALLOWING ME TO ADDRESS THE COMMISSION HERE.

UH, I GUESS MY FIRST QUESTION WOULD BE IS LOOKING AT THE ACTUAL CHAPTER 14 OF IT WHERE IT SAYS CHICKENS PERMITTED ALL SINGLE FAMILY LOTS, SO IS THAT SAYING THAT YOU HAVE TO GET A PERMIT OR IS THAT CHICKENS ALLOWED? SO THAT WOULD BE ONE QUESTION I WOULD HAVE, UH, WITH THAT, THAT'S NOT CLEAR AND THAT WASN'T CLEAR, I GUESS WHEN THERE WAS DISCUSSION ONLINE TOO.

I GET THE, UH, THE HEIGHT OF IT IS OVER SEVEN FEET, BUT, UH, THE ENCLOSURE OF THE YARD ITSELF, IS THERE GONNA BE A HEIGHT REQUIREMENT ON FENCES FROM NEIGHBOR TO NEIGHBOR, UH, ON HOW HIGH SOMEBODY'S FENCE WOULD HAVE TO BE IF THEY'RE GONNA KEEP CHICKENS? AND CONSIDERING ALSO THAT YOU'RE GONNA INCLUDE THE CHICKEN RUN AS BEING PART OF THE COOP, IS THERE ANY REQUIREMENTS ON THAT? THAT IT BE A FAN STORE? UH, THE HEIGHT ON IT, AND ALSO ANY MAKEUP OF, UH, WHAT THE GROUND'S GONNA BE LIKE AS FAR AS A CHICKEN RUN FOR THE CHICKENS TO RUN BACK AND FORTH ON THE, UH, OTHER QUESTION IS ON THE CHICKEN COOP, SINCE YOU WERE TALKING ABOUT ACCESSORY BUILDINGS AND SHEDS AND ALL THAT, IF SOMEBODY HAS A SHED THAT'S A COUPLE OF FEET FROM A WALL ALREADY IN THEIR BACKYARD AND THEY WANNA BUILD AND THEY WANT TO HAVE CHICKENS, NOW THEY ATTACH THE CHICKEN COOP TO THE SHED, DOES THAT FIVE FEET REQUIREMENT NOW KICK IN THAT, THAT IT'S GOTTA BE FIVE FEET BACK FROM, FROM THE, UH, PROPERTY LINES SINCE THE COOP IS NOW CONNECTED TO THE SHED? OR IS IT, HOW ARE THEY GONNA DETERMINE WHICH IS WHAT? AND THEN THE OTHER, UH, THING THAT I HAD WAS, UH, THE FEEDING OF THE CHICKENS, IS THAT GONNA BE CONFINED TO THE ACTUAL, UH, CHICKEN COOP WHERE THEY'LL BE FED OR ARE THEY GONNA BE ABLE TO JUST ALLOWED TO THROW CHICKEN FEET OUT IN THE YARD THAT WOULD ATTRACT OTHER, OTHER BIRDS OR IN, UH, BEFORE, YOU KNOW WHAT, YOU HAVE QUITE A FEW BIRDS ON EVERYBODY'S ROOFTOP WAITING FOR THE FEED TO COME OUT EVERY MORNING.

WITH THAT IS HOW THAT WAS GONNA RUN.

UM, AND I'M NOT REALLY AGAINST, OR FOUR CHICKENS JUST LIKE, I'M NOT REALLY AGAINST PEOPLE HAVING DOGS AND CATS AND TURTLES AND ALL THAT.

BUT WHAT GETS ME IS THE FACT THAT IF YOU GO TO THESE SOCIAL MEDIA SITES AND YOU LOOK AND YOU SEE THE AMOUNT OF LOST DOGS, LOST CATS, RENTERS THAT JUST, I MEAN, IN OUR NEIGHBORHOOD, JUST RENTERS THAT MOVE IN AND OUT AND JUST LEAVE THE CATS AND ARE RUNNING AROUND THE NEIGHBORHOOD.

SO THAT'S A CONCERN THAT I HAVE IS WHEN YOU START DEALING WITH CHICKENS AND THEY GET OUT, NOW YOU'RE GONNA TIE UP YOUR ENFORCEMENT PEOPLE RUNNING AFTER CHICKENS.

SO, UM, I I WAS THINKING OF THE FACT THAT IF, IF YOU DECIDE TO MOVE FORWARD WITH IT, ONE MY SUGGESTIONS WOULD BE AS MICROCHIPPING THE CHICKENS THAT WOULD HELP, UH, TRACK 'EM AND TO MAKE IT A LOT EASIER FOR CODE ENFORCEMENT JUST TO GO BY A HAND SCANNER, YOU CAN SCAN 'EM, FIGURE OUT WHO THE OWNER IS LIKE THAT TO GET, GET BAND IN OR IF YOU JUST GET LOOSE.

SO I THINK THAT WOULD BE A, A BIG HELP FOR CODE ENFORCEMENT.

I'M NOT SURE WHAT THE, UH, I NOTICED THE, THE NUMBERS THAT WERE UP THERE, BUT I DIDN'T, I DIDN'T SEE WHERE, HOW LONG THE CITIES THAT WERE UP THERE WITH THOSE NUMBERS HAD BEEN IN EFFECT AS FAR AS HOW LONG THEY HAD ACTUALLY HAD, UH, UH, PAST AN ORDINANCE.

HOW, HOW THAT, HOW LONG THAT ORDINANCE HAD BEEN IN EFFECT.

UH, THE OTHER THING IS IF IT IS GONNA BE PERMIT, I WOULD, I WOULD RECOMMEND THAT THERE BE LIKE SOME TYPE OF INSPECTION DONE.

SO YOU KNOW HOW THEY'RE GONNA END UP, UH, KEEPING THE CHICKENS.

I KNOW WE'RE TALKING ABOUT CHICKEN COOPS TONIGHT AND GOING INTO THE, THE TALK ABOUT CHICKEN COOPS IS THE COOP ITSELF.

[00:25:01]

SIR, COULD YOU WRAP UP PLEASE? OKAY.

UM, AND THAT IS A BOTTLE OF HAND ON THERE.

LAURA, COULD YOU TRY AND ADJUST ADDRESS A COUPLE OF THE QUESTIONS THAT MR. DELGATO HAD, PLEASE? I KNOW I SAW YOU TAKING COPIOUS NOTES, SO TAKING NOTES.

I WAS DOODLING .

SO LET'S SEE.

UM, CHAIR, HUMAN, UH, AND COMMISSIONERS.

UM, WHEN IT SAID CHICKENS PERMITTED, YOU KNOW, IT WAS SAYING IT WAS A PERMITTED USE.

UH, WE DID DISCUSS BEFORE OUR CITY COUNCIL DURING WORK SESSION MEETINGS IF A PERMIT WOULD BE NEEDED.

UM, BUT ULTIMATELY IT WAS TURNED DOWN, NO CHICKEN PERMIT WOULD BE REQUIRED.

THERE'S TOO MUCH RED TAPE.

UH, HOW DO YOU VERIFY SIGNATURES AND, UM, MICROCHIPPING OF CHICKENS? LET'S SEE.

UM, THE CHICKEN RUN REQUIREMENTS, UM, THE CHICKEN RUN WOULD BE CONSIDERED PART OF THE CHICKEN COOP.

SO IF THE CHICKEN RUN, UH, IT COULDN'T BE ITS OWN SEPARATE THING, IT WOULD HAVE TO BE ATTACHED TO THE COOP.

UH, SO NO LARGER THAN 120 SQUARE FEET HEIGHT REQUIREMENTS.

CURRENTLY, IT'S, UH, SEVEN FEET.

UH, WE DON'T HAVE ANY REGULATIONS REGARDING THE GROUND MATERIAL.

AND IF I UNDERSTOOD CORRECTLY, IF SOMEBODY HAD A SHED, WHICH DOES NOT REQUIRE A BUILDING SETBACK, UH, AND THEY WERE TO ATTACH, UM, THEIR CHICKEN COOP TO IT, WOULD IT NEED ME A SETBACK? YES, BECAUSE THEN IT WOULD BE CONSIDERED A, THE CHICKEN COOP.

AND THEN, UM, YEAH, THAT'S WHAT I CAN ANSWER OUT OF ALL OF THOSE.

NO QUESTIONS FOR LAUREN.

ROBERT STEVENS AS OPPOSED.

UM, I'VE GOT A TON OF SPEAKER CARDS.

THE INTERESTING THING IS THERE'S MORE SPEAKER CARDS THAN THERE ARE PEOPLE HERE.

UM, SO, AND I KNOW PEOPLE HAVE ASKED FOR, UH, MR. INGUEZ TO TAKE THEIR TIME.

UM, I'M GONNA JUST READ THE CARDS OFF.

AND THEN MR. DOMINGUEZ, I'M GONNA GIVE YOU 15 MINUTES, UH, TO MAKE THE PRESENTATION.

AS I TALKED TO YOU EARLIER, WE'RE NOT VOTING ON WHETHER THERE'S CHICKEN'S A LOT OR NOT.

WE'RE VOTING ON THE, THE, THE CHICKEN GROUPS TONIGHT.

SO, UM, I HAVE A CARD FROM MIRIAM JONES WHO'S OPPOSED.

I HAVE A CARD FROM PHYLLIS MINGUS, UM, WHO'S OPPOSED, GIVING HER TIME TO HER HUSBAND, I BELIEVE.

UM, UH, THAT ONE I'M GONNA PULL OVER HERE.

SORRY.

UH, BRIAN FOX IS YIELDING HIS TIME.

HE'S A, HE SAYS HE'S, HE WANTS TO SPEAK.

HE'S LETTING LES SPEAK ON HER.

ARE YOU AGAINST FOR OR AGAINST MR. FOX? NEUTRAL.

OKAY, THANK YOU.

UM, LINDA SAWYER IS GIVING UP HER TIME.

SHE'S OPPOSED TO THIS ITEM.

UH, ROBERT SAWYER IS ALSO POSED GIVING US TIME.

UM, CAROLYN ACRES OPPOSED TO THE ITEM DEBBIE OLER OPPOSED TO THE ITEM WAYNE OLER AS OPPOSED TO THE ITEM.

UM, THIS ONE DOESN'T HAVE A NAME ON IT.

GOT A COUPLE HERE WITHOUT NAMES ON THEM.

UH, JOANNE NOBLE IS OPPOSED, DARLENE IS OPPOSED.

[00:30:01]

RICHARD GI IS OPPOSED.

MARIANO IS OPPOSED.

MARY SMITH IS OPPOSED.

DALTON SMITH OPPOSED? LORETTA, I BELIEVE IT'S MILICH, I HOPE PRONOUNCE IT RIGHT, IS OPPOSED CRAIG DAVIS IS, UH, DOES NOT SAY WHETHER SUPPOSED OR NOT.

I'M GUESSING IT'S SUPPOSED CUZ YOU KNOW, YOU WON THE LEAD TIME.

SO ANYWAY, UH, LIKE I SAID, THERE'S MORE CARDS HERE THAN THERE ARE PEOPLE ACTUALLY HERE IN THE AUDIENCE.

BUT, UM, MR. MINGUS, I'M GONNA ALLOW YOU, UM, 15 MINUTES.

IF THE CLERK COULD SET THE TIMER FOR 15 MINUTES, THAT WOULD BE GREAT.

AND JUST BEFORE YOU START THE TIMER, JUST TO, YOU HEARD EARLIER THAT WE'RE REALLY GONNA DISCUSS THE, UM, THE CHICKEN COOPS.

WE'RE NOT HERE TO DISCUSS WHETHER CHICKENS ARE ALLOWED OR NOT ALLOWED.

THE MAYOR AND THE COUNCIL WILL HAVE THAT PURVIEW ON NOVEMBER 10TH.

SO, UM, WITH THAT, I WILL, AND SOON AS YOU GET YOUR THINGS SET, UM, OKAY.

UM, AS YOU KNOW, UH, THIS IS KIND OF DEJAVU.

DID YOU SET YOUR NAME AND ADDRESS FOR THE RECORD TOO, PLEASE? SORRY.

MY NAME IS LESLIE MINKUS.

MY ADDRESS IS, UH, 33 72 EAST GEMINI COURT, CHANDLER, ARIZONA.

AND IT STILL HASN'T BEEN CORRECTED.

UM, AS YOU KNOW, THIS IS DEJAVU FOR ME BECAUSE IT WAS NINE YEARS AGO AT THIS TIME, UH, THAT I STOOD IN FRONT OF THIS CHAMBER.

UH, AND, UM, ARGUED THE SAME SITUATION THAT, UM, THE CITY, UM, DID NOT HAVE THE INTEREST, UH, AND THE VOTERS DID NOT HAVE THE INTEREST IN HAVING, UH, BACKYARD CHICKENS IN ALL THE BACKYARDS.

SO IT WAS DEFEATED, UH, AT THAT TIME.

NOW, SINCE THAT TIME, NATURALLY THE CITY HAS GROWN SUBSTANTIALLY, POPULATION WISE, UH, TO ABOUT 280, UM, THOUSAND PEOPLE.

AND IT ALSO HAS GROWN COMMERCIALLY, UM, AND, UH, BUSINESS WISE.

SO AT THIS POINT, UM, WHILE THE PRESENTATION THAT WAS JUST MADE TALKED ABOUT THE FACT THAT ALL THESE CITIES DO THAT, UH, HAVE THE, THE, UH, CHICKENS, UH, ALLOWED IN THEIR CITIES, THEY ARE NOT ALL CITIES.

GILBERT IS NOT A CITY.

THAT'S WHY IT HAS A TOWN COUNCIL.

AND WE HAVE A CITY COUNCIL.

SO THEY STILL HAVE, UH, SOME IDEAS ABOUT GOING BACK TO THE TIMES WHEN THEY HAD AGRICULTURAL THINGS GOING ON THERE.

AND THE DEFINITION OF A CITY, THE CHARACTERISTIC OF A CITY IS THERE IS MORE NON AGRICULTURAL ACTIVITY THAN AGRICULTURAL ACTIVITY IN THE CITY.

SO I'D SUGGEST THAT THE, UH, ADMIN GO BACK AND, UM, CORRECT SOME OF THE THINGS THAT ARE NOT, UH, CORRECT ON THEIR PRESENTATION.

UM, THEY ALSO ARE SHOWING THE NUMBER OF PEOPLE THAT, UH, UH, INDICATED, UH, A YAY OR NAY, UH, IN IT.

AND I DON'T THINK THEY'VE EXTENDED OUT, UH, ANYWHERE NEAR AS FAR AS THEY SHOULD IN ORDER TO BE ABLE TO FIGURE OUT WHETHER THE NUMBER OF RESIDENTS IN CHANDLER REALLY WANT OR WOULD NOT WANT, UM, AN AMENDMENT TO THE ORDINANCE THAT WOULD ALLOW, UM, CHICKENS IN EVERY SINGLE FAMILY BACKYARD, UH, IN THE COMMUNITY.

THE ZONING RIGHT NOW ALLOWS, UH, CHICKENS TO BE IN THE BACKYARDS OF, UH, A G ONE, WHICH IS AGRICULTURAL PROPERTY, 43,000 SQUARE FEET OR LARGER.

UH, OR IN SF 33 PROPERTY, WHICH IS 33,000 SQUARE FEET, UH, OR LARGER, WHICH IS THREE QUARTERS OF AN ACRE, YOU STARTED GETTING DOWN TO THESE SMALL PIECES OF PROPERTY AND YOU'VE GOT A SUBSTANTIAL TERRIBLE NUISANCE, UH, THAT IS GONNA BE CREATED FOR NEIGHBORS THAT ARE AROUND THEM.

UM, WE HAVE TURNED IN BACK ABOUT A MONTH AND A HALF OR TWO MONTHS AGO TO THE, UH, TO THE, UH, CLERK'S OFFICE, ABOUT 30 PAGES OF PETITIONS THAT WERE SIGNED INDICATING BY PEOPLE THAT HAVE 10 SIGNATURES ON THERE.

SO THERE WAS ABOUT 300 SIGNATURES THAT INDICATED THEY DID NOT WANT BACKYARD CHICKENS.

THE CLERK'S OFFICE VERY CONVENIENTLY LOST ALL OF OUR, UH, PETITIONS THAT WE SIGNED UP, OKAY, AS TONIGHT.

UH, YESTERDAY I BROUGHT MY, UM, USB OVER AND GAVE IT TO THE CITY CLERK.

AND, UH, ABOUT FIVE, ABOUT FIVE 10 THIS AFTERNOON, UH, THE CITY CLERK'S OFFICE CALLED ME AND SAID THEY COULDN'T FIND THE, UH, INFORMATION THAT THEY HAD SET UP TO, TO BE, UH, RUN TONIGHT.

SO FORTUNATELY, I HAD MY PRESENTATION WITH ME, I GAVE IT TO THEM, THEY ABLE TO RUN, AND I'VE GOT IT AGAIN.

SO THERE'S SOMETHING THAT SEEMS TO BE CLEARLY WRONG IN THE FACT THAT, UH, THEY CAN'T SEEM TO FIND ANY OF THE THINGS THAT WE'RE PROVIDING TO THEM THAT SAY THAT THERE SHOULD NOT BE, UH, A, UH, AMENDMENT TO THE CHICKEN ORDINANCE HERE.

UM, THERE ARE MANY POINTS, UM, OF WHICH, UH, WE'LL GO THROUGH THESE QUICKLY CUZ OF THE LIMITATION OF THE TIME THAT I HAVE.

THERE'S MANY POINTS THAT, UH, GET TO, BUT I THINK THE, THE VISUALS ARE PROBABLY THE MOST, UH, IMPRESSIVE, UH, TO LOOK AT.

AND THAT IS THAT THERE ARE CURRENT CODE VIOLATIONS THAT EXIST THROUGHOUT THE COMMUNITY.

AND THIS, UM, IS ONE OF THE PICTURES OF WHAT YOU CAN SEE IS GOING ON IN SOME OF THE TRADITIONAL NEIGHBORHOODS.

OKAY, THIS HAS BEEN GOING ON FOR YEARS, UH,

[00:35:01]

ANOTHER ONE IS ALLEY CODE VIOLATIONS.

THIS HAS BEEN GOING ON FOR YEARS AND IT STILL HASN'T BEEN CORRECTED.

AND I THINK THIS PICTURE IS RIGHT NEAR A, UM, CHILDREN'S, UH, FACILITY SO THAT THE CHILDREN ARE EXPOSED TO THIS KIND OF THING GOING ON IN THE ALLEY RIGHT NEAR THE, UH, SCHOOL THAT THEY'RE, THAT THEY'RE AT.

UM, THERE ARE STAFF, UH, POINTS THAT WERE MADE.

UH, I THINK I'VE CONNECTED, I'M, I'M, UH, SAYING HIS NAME CORRECTLY.

UM, MR. JAX, UM, SAID THAT HIS TEAM EXPECTS IT WILL MOSTLY GET NOISE AND SMELL COMPLAINTS, UH, IF THE COUNCIL ENDS UP, UH, APPROVING A LIMITED NUMBER OF HENS IN RESIDENTIAL BACKYARDS.

HE SAID THAT KIND OF COMPLAINT IS HARD TO MEASURE AND IT'LL MAKE IT DIFFICULT TO ENFORCE.

UH, AS STATED IN THE CHANDLER ARIZONAN, UH, ON AUGUST 21ST, UH, ENFORCERS ONLY WORK A TYPICAL BUSINESS SCHEDULE, MEANING THERE'S, THEY WORK BETWEEN, UH, THE HOURS OF UP TO FIVE O'CLOCK IN, IN THE EVENING, AND THEY DON'T WORK ANY WEEKENDS.

THEREFORE, ANYTHING THAT HAPPENS AFTER FIVE O'CLOCK IN THE EVENING, THERE'S NOBODY TO CONTACT.

UH, AND ANYTHING THAT HAPPENS ON THE WEEKEND, UH, RYAN BCH SAID THAT, WELL, YOU'LL JUST HAVE TO WAIT TILL MONDAY.

SO THAT MEANS PEOPLE WILL HAVE TO LIVE WHAT, WHATEVER, UH, IS IRRITATING THEM AND CREATING A PROBLEM UNTIL MONDAY IF THEY HAPPEN TO HAVE HAPPEN, TO HAVE THAT DONE AFTER FIVE O'CLOCK ON A FRIDAY.

I THINK THAT'S PRETTY TERRIBLE.

UM, AND IT'LL CREATE A LOT OF FRUSTRATION BETWEEN NEIGHBORS, UH, IN THE COMMUNITY.

UH, THERE'S, UM, OTHER CONCERNS, BUT AGAIN, I WON'T HAVE TIME TO GO THROUGH THESE.

UM, THERE'S VARIOUS HEALTH ISSUES AND THE HEALTH ISSUES ARE SERIOUS ONES.

UM, THERE ARE HEALTH CONSEQUENCES TO RESIDENTS WITH UPPER RESPIRATORY DISEASES, UH, AND ASTHMA.

UM, THERE'S A STUDY THAT RE THAT WAS RECENTLY DONE ON SEPTEMBER 22ND, 2022 BY THE CDC THAT SHOWED THAT THERE WERE 40 MILLION, 700,000 IN SOME ODD BIRDS, INCLUDING BACKYARD CHICKENS AND COMMERCIAL CHICKENS THAT HAD BE IN, BEEN INFECTED BY THE VIRUS OF, UH, UH, H FIVE N ONE.

SO, UM, I THINK YOU SHOULD BE AWARE OF THAT BECAUSE WHILE WE HAVEN'T HAD MUCH OF AN EFFECT OF THAT HERE IN CHANDLER OR IN ARIZONA, MUCH OF THIS IS GOING ON OVER IN CALIFORNIA AND VARIOUS OTHER STATES, WHICH COULD BE VERY EASILY PICKED UP BY ANY FLYING, UH, BIRD AND CAN BE DROPPED, UH, INTO ANY AREA, ANY BACKYARD WHERE THERE MAY BE CHICKENS.

AND THOSE CHICKENS THEN BECOME DANGEROUS BECAUSE THEY BECOME INFECTED.

AND ANY TIME THAT THOSE CHICKENS LAY EGGS, UH, ANYBODY WINDS UP SELLING THEIR CHICKEN OR THEY WIND UP SELLING CHICKEN MEAT BECAUSE THEY SLAUGHTER THEM, UH, AND THEY SELL THE CHICKEN MEAT TO A NEIGHBOR, THIS REQUIRES BANDING OF THE, UH, CHICKENS.

UH, SO THERE'S AN ID ON THEM.

IT REQUIRES THE POSSIBILITY THAT OF SOMEBODY SELLING CHICKENS, THAT THERE BE SOME TYPE OF A, UM, UH, A REGULATION, UH, FOR THAT.

AND IT ALSO, UM, BECAUSE OF, UH, THE EQUIPMENT THAT'S USED TO BE ABLE TO SLAUGHTER OR BE ABLE TO PICK UP THE EGGS OR, UH, DEAL WITH THE CHICKENS, THAT THAT VIRUS CAN THEN BE TRANSMITTED TO PEOPLE, TO HUMANS.

SO I THINK WE OUGHT BE AWARE OF THAT AS WELL.

UM, HERE'S ANOTHER, UH, VISUAL SHOWING THAT CHICKENS DO GET OUT OF THEIR, UM, BACKYARD AREAS AND THEY ROAM.

THE FIRST ONE NATURALLY IS ROAMING OUTSIDE OF A FENCED AREA, SO THEY'RE RUNNING FREE.

THE SECOND ONE IS ON SOMEBODY'S DRIVEWAY AND THE THIRD ONE IS ON THE STREETS.

AND, UM, THESE KINDS OF THINGS WOULD HAVE TO BE ENFORCED BY THE, UH, CODE ENFORCEMENT PEOPLE.

AND THE CODE ENFORCEMENT PEOPLE CANNOT GO INTO SOMEBODY'S BACKYARD TO SEE WHAT'S GOING ON.

THAT'S A VIOLATES LEGAL VIOLATION.

THEY HAVE TO HAVE SOME KIND OF A WARRANT OR COURT ORDER DO THAT SO THEY CAN ONLY SEE WHAT'S GOING ON IN THE BACKYARD FROM THE PERIPHERY OF THE PROPERTY FOR WHATEVER THEY CAN SEE, UH, FROM AROUND THE PROPERTY.

UM, THE HOAS, WHILE THE HOAS HAVE CCNRS THAT CAN PROTECT, UM, THEIR, UH, MEMBERS FROM HAVING FARM ANIMALS, UH, IN THEIR, UH, PROPERTIES AS, AS WAS JUST POINTED OUT THE PREVIOUS PRESENTATION, THAT, UH, THERE ARE THERAPY, UM, PETS AND CHICKENS ARE CONSIDERED TO BE A THERAPY PET.

AND IF THEY ARE, THAT IF SOMEBODY LIVING IN AN HOA DECIDES THAT THEY CAN GET A NOTE FROM THEIR DOCTOR, THEY HAVE THE ADA SUPPORT THAT TELLS THE, UM, THE BOARD OF, OF, UH, DIRECTORS ON THE HOA, THAT THEY MUST ALLOW THAT INDIVIDUAL TO HAVE CHICKENS IN THEIR BACKYARD.

SO THE HOAS ARE NOT IMPERVIOUS TO BEING AFFECTED BY THIS, UH, AMENDED,

[00:40:01]

UM, ORDINANCE THAT THE CITY IS TALKING ABOUT.

BESIDES THE FACT, THERE ARE A LOT OF HOAS THAT HAVE NON, NON HOAS PROPERTIES THAT ARE AROUND THEM RIGHT OUTSIDE OF THEIR WALLS OR THEIR PROPERTY.

AND IF, UH, PEOPLE THAT LIVE IN THOSE PARTS OF THE COMMUNITY THAT ARE RIGHT NEXT TO AN HOA WIND UP HAVING CHICKENS IN THEIR BACKYARDS, THOSE CHICKENS WILL BE WIND WINDING UP, WANDERING OVER INTO THE HOA BACKYARDS, THE, UM, MALTING THAT GOES ON WITH CHICKENS, WHICH HAPPENS, UH, FREQUENTLY THROUGHOUT THE YEAR WHERE THEY DON'T LAY ANY EGGS.

UH, AND THERE'S MANY TIMES THROUGHOUT THE YEAR WHERE HENS DO NOT LAY ANY EGGS, UH, THAT, UM, THE, UH, FEATHERS WILL BE FLYING ALL OVER THE COMMUNITY.

UH, THE CHICKENS ARE NOISY.

UH, THEY DO MAKE NOISE SEVERAL TIMES OUT OF THE DAY BY CLUCKING AND ALL KINDS OF NOISE, ESPECIALLY IF THEY'RE FRIGHTENED FROM, UH, ONE THING OR ANOTHER.

UH, I WAS JUST AT, UH, A VETERINARIAN HERE IN CHANDLER, UM, TAKING MY SON'S, UM, UH, DOG OVER THERE AND, AND FOUND OUT FROM THE VETERINARIAN THAT THERE ARE MANY MORE COYOTES IN CHANDLER THAN THERE HAVE EVER BEEN IN THE PAST.

COYOTES, RACCOONS AND HAWKS LOVE TO ATTACK CHICKENS.

AND, UH, THAT BECOMES A MORE, DAN MORE OF A DANGER, NOT ONLY TO THE CHICKENS, BUT TO SMALL ANIMALS AND CHILDREN.

UM, SO THERE'S SOME COMMENTS I CAN MAKE ABOUT, UM, PETA, WHICH IS THE PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS.

UH, BECAUSE OF THE FACT THAT, UH, WE HAVE, UM, A VERY HOT CLIMATE, UM, THAT, UH, PEOPLE THAT DON'T NECESSARILY, UH, TAKE GOOD CARE OF THEIR, UM, CHICKENS, UH, CAN WIND UP, UM, CREATING A, A TERRIBLE, UM, ABUSIVE SITUATION FOR THEIR ANIMALS, UH, IF THEY'RE NOT PROPERLY SHELTERED, ESPECIALLY DURING THE HEAT OF THE, UH, THE SUMMER.

UM, HERE'S, UH, SOME OF THE THINGS I WAS TALKING ABOUT AS FAR AS PREDATORS.

YOU GOT A RACCOON IN THE, UH, LOWER, UH, LEFT HAND CORNER THERE THAT ATTACKED, UM, A, UH, UH, CHICKEN, UH, AREA.

AND, UM, IT WOUND UP STEALING THE EGGS CAUSE IT LIKES TO EAT THE EGGS.

YOU GOT A HAWK IN THE UPPER RIGHT HAND SIDE, UH, THAT THE CHICKEN COOP, I GRAB ONE OF THE CHICKENS AND THE SITTING ON IT, AND YOU GOT A COYOTE THERE, UH, DOING THE SAME THING, JUST, UH, ATTACKED, UH, A CHICKEN COOP.

UM, I DON'T, I DON'T KNOW IF YOU CAN SEE THIS.

WELL, UH, IT'S TURNED OUT, IT'S TURNED TO THE SIDE CAUSE THAT'S THE WAY THEY COPIED IT, UH, TODAY.

BUT, UM, THAT'S FROM THE CDC.

YOU CAN SEE THE DATE, IT'S SEPTEMBER 2ND, 2022.

THERE'S 40 MILLION 797, 250 7,000, UM, CHICKENS AND BIRDS THAT WERE AFFECTED IN 39 STATES, 218, UH, COUNTIES WITH, UH, H FIVE N ONE BIRD FLU, UH, DISEASES.

THIS IS FROM, UM, THE WORLD HEALTH ORGANIZATION.

UH, AND WHAT THIS SAYS IS, BEAR WITH ME A MINUTE TILL I GET TO MY COPY.

THIS SAYS TO DATE, A LARGE NUMBER OF HUMAN INFECTIONS WITH THE H FIVE N ONE VIRUS HAD BEEN LINKED TO THE HOME SLAUGHTER AND SUBSEQUENT HANDLING OF DISEASED OR DEAD BIRDS PRIOR TO COOKING.

THESE PRACTICES REPRESENT THE HIGHEST RISK OF HUMAN INFECTION AND ARE THE MOST IMPORTANT TO AVOID.

SO, UM, I'VE GONE THROUGH THIS VERY QUICKLY.

I'M GETTING DOWN TO THE END.

UH, THIS IS FROM, UH, NEXT DOOR.

AND, UH, IT WAS, UH, SOMETHING THAT, UM, I JUST PICKED UP, UH, TODAY AS A MATTER OF FACT, WHERE SOMEBODY HAD, UH, INDICATED THAT, UH, THIS WAS IN THE, UH, TEL AVERA, UH, AREA.

I'M NOT FAMILIAR WITH WHERE IT IS, BUT IT'S THE CITY OF CHANDLER CONSOLE IS CONSIDERING ALLOWING CHICKENS IN OUR BACKYARDS.

UH, THIS WILL ATTRACT MORE COYOTES, UH, TO OUR AREA.

UH, PLEASE, UM, UH, GO ONTO THE WEBSITE AND INDICATE, UH, YOUR INTEREST IN, UH, WHETHER YOU WANT OR, OR DON'T WANT, UH, CHICKENS.

WE DON'T NEED CHICKEN TO FEED THE COYOTES.

ANOTHER ONE AFTER THAT SAYS, COYOTES AT, UH, PACOS RANCH PARK IN SURROUNDING, UM, UM, NEIGHBORHOODS.

THERE WAS A WOMAN BY THE NAME BRITNEY FROM PRECO, UH, PRECO BRANCH WHO FOUND A SHREDDED CAT, UH, AT THE PARK, PARK AREA FROM A COYOTE.

SO I, I HOPE, UH, I CAN CONCLUDE BY MAKING THE POINT THAT, UM, THE PURPOSE IN THIS AMENDMENT SHOULD BE DECIDED BY A REFERENDUM ONLY, NOT BY SIX MEMBERS OF THE CITY COUNCIL WHO MAY HAVE EITHER A PERSONAL OR SELFISH INTEREST IN WANTING TO HAVE CHICKENS WHEN THIS AFFECTS 280,000 RESIDENTS, UH, IN CHANDLER.

UM, SO I, I GUESS AT THAT POINT I'VE CONCLUDED.

THANK YOU MR. RINGER.

ANY QUESTIONS

[00:45:01]

FOR THE SPEAKER? MR. MORGAN? UH, THROUGH THE CHAIR, IT'S ACTUALLY NOT FOR THE SPEAKER, BUT BASED OFF OF SOMETHING HE MENTIONED, UM, YOU BROUGHT UP THE SAFETY OF THE CHICKENS, AND I DON'T KNOW IF THIS IS NECESSARILY PART OF OUR COMMISSION'S PURVIEW, BUT, UM, IS THERE ANY KIND OF STIPULATIONS THAT WE ARE ABLE TO SET AS FAR AS LIKE HOW THE COOPS HAVE TO BE MADE OR ANY, UM, AMENITIES THAT HAVE TO BE AVAILABLE TO THE CHICKENS IN THESE KIND OF AREAS? MR. BROWN, OR WOULD YOU LIKE TO ADDRESS THAT? THAT'S A GOOD QUESTION.

IT IS A GOOD QUESTION.

CHAIR.

UH, ALL ASPECTS OF THE REGULATION OF CHICKENS IS, IS IF IT IS APPROVED, WE'LL BE BORN IN CHAPTER 14.

UM, THE ONLY THING IN THE, IN 35 IS THE DEFINITION OF A COUPE, UH, IN THE DEFINITION SECTION OF OUR, OF OUR ZONING CODE, WE DON'T REGULATE, UH, WE DON'T REGULATE THROUGH THE DEFINITIONS.

WE REGULATE THROUGH THE VARIOUS LIKE SECTIONS WITHIN OUR ZONING CODE, BUT NOTHING ABOUT CHICKENS IS GOING INTO THE ZONING CODE.

SO IT WOULDN'T BE APPROPRIATE TO REGULATE, UH, HOW IT'S CONSTRUCTED, WHAT, LIKE IT HAS TO BE LOCKED AT NIGHT OR SECURE OR ANY OF THAT STUFF.

THAT'S ALL IN THE REGULATION OF, OF THE ANIMAL IN CHAPTER 14.

BUT IT'S A GOOD QUESTION.

OKAY, LET ME POINT OUT ONE MORE THING.

UH, MY TIME IS RUNNING OUT.

I'M ALMOST UP THAT, UH, THIS VOTE IS BEING PUSHED THROUGH IN DECEMBER AND THE NEW COUNCIL MEMBERS ARE GONNA BE SWORN IN IN JANUARY.

THERE IS NO REASON FOR THIS TO BE FORCED THROUGH IN DECEMBER UNTIL THE NEW, UH, COUNCIL MEMBERS COME ON.

THE COUNCIL MEMBERS THAT ARE LEAVING, OF WHICH THERE'S TWO OF THEM, WILL NOT HAVE ANY RESPONSIBILITY OR OBLIGATION TO THE COMMUNITY ONCE THEY LEAVE, IF THEY WIND UP VOTING FOR THIS ORDINANCE.

SO I DON'T SEE ANY REASON WHY THERE SHOULD NOT WAIT UNTIL JANUARY WHEN THE NEW COUNCIL MEMBERS, UH, COME IN, UH, TO BE VOTED ON SO THEY CAN BE RESPONSIBLE FOR WHAT THEY'RE VOTING ON.

AND COMPLETE AND THE CHICKENS MUST REMAIN IN THE RUN IN ORDER TO CREATE SAFETY.

UM, MR. MINU, I THINK SOME OF THOSE POINTS, THE ONE YOU JUST MADE, THAT'S GONNA BE UP TO COUNCIL TO MAKE THAT DECISION.

YES.

UM, WE'RE OUR PURVIEW TONIGHT IS PLANNING COMMISSION NUMBER ONE, WE'RE RECOMMENDING BODY TO COUNCIL.

SO, UH, NUMBER TWO IS THAT WE'RE FOCUSED ON THE CHICKEN COOPS AND WE'LL TALK MORE ABOUT THAT.

AND I'VE GOT SOME IDEAS IN TERMS OF SOME OF THOSE THINGS AS WELL, BUT SOME OF YOUR POINTS VERY VALID.

I THINK THOSE WILL BE MORE DIRECTED TOWARDS COUNSEL WHEN IT GOES ON NOVEMBER 10TH AS WELL.

SO, AND SOME OF YOUR POINTS ARE VERY VALID AT BIRD FLU AND SOME OF THE OTHER DIFFERENT THINGS THAT YOU BROUGHT UP.

SO THANK YOU FOR LETTING ME PRACTICE AB.

ABSOLUTELY.

THANK YOU, SIR.

UH, NEXT SPEAKER, I HAVE A SPEAKER CARD FOR RUTH JONES.

YOU WANNA STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU'LL HAVE THREE MINUTES.

CLERK, IF YOU CAN SET THE TIMER FOR THREE MINUTES, PLEASE.

RUTH JONES, 27 35 EAST BIRCHWOOD PLACE.

CHANDLER, I WASN'T PLANNING ON SPEAKING TONIGHT, AND I WANT TO INTRODUCE MYSELF AND SAY WELCOME TO YOU.

I SPENT TWO YEARS ON A PLANNING AND ZONING COMMISSION, SO I HAVE A GREAT LOVE FOR THE COMMISSIONERS AND WHAT YOU DO.

SO THANK YOU.

I'VE HEARD A LOT OF DISCUSSION TONIGHT.

I'VE HEARD THE CITY SAY THAT YOU'RE ONLY VOTING ON THE CHICKEN HOUSE AND THEN GIVE A PRESENTATION ON WHY WE SHOULD ALLOW CHICKENS.

I THOUGHT THAT WAS VERY INTERESTING AND DISINGENUOUS.

I'VE HEARD TONIGHT MANY PEOPLE TALK ABOUT THIS, THE CITY PEOPLE TALK ABOUT HOW SO MANY PEOPLE ARE FOR THE CHICKENS.

I KNOW OF ONE INDIVIDUAL WHO SCREENSHOT HER OPPOSITION AND MIRACULOUSLY IS NOT ON THE LIST AS AN OPPOSING VOICE.

THERE ARE MANY PEOPLE THAT THIS AFFECTS THAT HAVE NOT BEEN HEARD.

BUT I WANNA TALK ABOUT SOMETHING DIFFERENT TONIGHT BECAUSE I UNDERSTAND YOUR PURVIEW.

I UNDERSTAND THAT YOU WORK WITHIN THE LAW AND YOU HAVE VERY CONFINED REGULATIONS OF WHAT YOU CAN DO TONIGHT.

SO I'M GONNA ASK YOU TO VOTE AGAINST THIS FOR A SPECIFIC REASON.

THE DEFINITION THAT YOU'VE BEEN GIVEN BY CITY STAFF IS POORLY WRITTEN.

IT DOES NOT GIVE PARAMETERS.

AND MR. HU CHAIRMAN HUMAN ACTUALLY MADE THE POINT FOR ME WHEN HE SAID THE PICTURE IN THE PRESENTATION IS REALLY PRETTY, BUT I'VE SEEN SOME PRETTY UGLY, CUTE COOPS.

I'VE SEEN COOPS THAT WERE MADE OUT OF PALLETS.

IN ORDER FOR US TO ALLOW THIS INTO OUR CODE, WE NEED A CLEAR DEFINITION THAT DOESN'T JUST SAY IT'S GOTTA BE SEVEN FOOT OR LOWER, IT'S GOTTA BE UNDER 120 FEET.

WE NEED TO KNOW, WILL THIS STRUCTURE BE REQUIRED TO MATCH THE BUILDING THAT IT'S ON THE PROPERTY OF.

AND SINCE THE CITY, CITY WANTS TO TALK ABOUT HOW OTHER CITIES ARE ALLOWING THIS, EVERY CITY I KNOW HAS IN THEIR CODE THAT IT MUST MATCH THE BUILDING TYPE OF THE BUILDING.

IT'S ON THE PROPERTY OF, IN ORDER TO HAVE IT AESTHETICALLY PLEASING.

MOST CITIES THAT I KNOW THAT HAVE THIS REGULATION HAVE ALSO INCLUDED THE SPACE OF THE RUN FOR THE CHICKENS.

THAT IT MUST BE ENCLOSED

[00:50:01]

MR. MINAS RIGHTLY SPOKE ABOUT THE PROTECTION THAT WE NEED FOR THESE BIRDS AND FOR OUR COMMUNITY FROM PREDATORS.

IF YOU DON'T HAVE A CLEAR DEFINITION FOR THIS STRUCTURE THAT CREATES THAT PROTECTION, YOU'RE ALLOWING A MENACE INTO OUR COMMUNITY.

IF THE CITY WANTS TO HAVE THIS, THEY NEED TO WRITE A MUCH BETTER CODE FOR YOU TO APPROVE.

IT NEEDS TO HAVE CLEAR DEFINITIONS.

HOW SHOULD THE STRUCTURE LOOK? DOES IT HAVE TO HAVE A CERTAIN AMOUNT, A PERCENTAGE OF IT THAT'S CHICKEN WIRE AND A CERTAIN PERCENTAGE THAT IS AN ACTUAL BUILDING.

OTHERWISE, YOU HAVE PEOPLE THAT ARE JUST THROWING UP CHICKEN WIRE WITH FOUR QUARTERS AND SAYING, THAT'S MY COOP.

AND THAT'S NOT WHAT WE WANT IN OUR CITY.

I'M ASKING YOU TO FORCE THEM TO GO BACK AND WRITE SOMETHING THAT WORKS.

WRITE SOMETHING COMPLETE THAT IS SOMETHING THAT CANNOT BE CHALLENGED, THAT WORKS FOR OUR CITY AND CREATES A SAFE ENVIRONMENT FOR ALL OF US.

AND UNTIL THEY'VE TAKEN THE TIME TO THOROUGHLY WRITE IT, DON'T APPROVE IT.

I'M NOT SAYING YOU'RE NEVER GONNA APPROVE IT, I'M NOT SAYING THAT THE CHICKENS ARE GONNA BE DECIDED BY YOU.

YOU'RE CORRECT.

IT SHOULD BE DECIDED BY OUR COUNCIL.

IT SHOULD BE DECIDED BY OUR CITIZENS AS THEIR VOICES ARE HEARD.

BUT I AM ASKING YOU TO NOT PUT THROUGH SOMETHING THAT IS NOT PROPERLY WRITTEN.

TAKE THE TIME AND MAKE THEM DO THEIR JOB.

EVERYBODY BENEFITS WHEN WE DO THAT.

ANY QUESTIONS FOR THE SPEAKER? OKAY.

UM, THAT'S ALL THE SPEAKER CARDS I HAVE.

IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WANTS TO TALK ON THIS ITEM? I SAW A WHOLE BUNCH OF PEOPLE COME IN LATER, BUT OKAY.

IF NOT, I'M GONNA CLOSE THE FLOOR THEN FOR DISCUSSION, BUT I, I WANNA START.

UM, CITY ATTORNEY, OUR PURVIEW IS TO DEFINE A CHICKEN COOP.

SO, UH, MS. JONES DOES BRING UP A COUPLE OF POINTS AND I THINK COMMISSIONER MORGAN ALSO BROUGHT UP A COUPLE GOOD POINTS AS WELL.

UM, WE'VE TALKED EARLIER TODAY ABOUT THE SI THE HEIGHT AND THINGS LIKE THAT, THAT UNDER OUR PURVIEW.

IS IT UNDER A PURVIEW THEN TO SAY THE QUALITY OF A COOP? I MEAN, I DON'T WANNA GET INTO, WE'RE JUST DECIDING HOW MUCH IS CHICKEN WIRE AND HOW MUCH, THAT KIND OF THING.

BUT IS THERE A WAY TO STAB IF WE DECIDE TO, IT'S A COMMISSION TO, YOU KNOW, WE ARE CHANDLER, WE HAVE LOTS OF GREAT QUALITY, WE'VE DONE AMAZING THINGS ON, ON THIS COMMISSION AND COUNCIL OVER THE YEARS TO ADD QUALITY INTO OUR CITY.

IS THAT PART OF OUR PURVIEW? IF WE, OF COURSE, WE'RE DEFINING CHICKEN COOPS, SO WOULD WE BE ABLE TO DO ANYTHING LIKE THAT? THE ITEM ON THE AGENDA TONIGHT CHAIR, UH, IS FOR THE DEFINITION OF COOP.

AND SO TO THE EXTENT THAT YOU CAN TIE IN ANY ADDITIONAL, UH, RECOMMENDATIONS TO COUNSEL TO THAT DEFINITION, HOW YOU WANNA WORD THAT, UM, I THINK IS UP TO YOU.

YOU'RE CERTAINLY, I I THINK THE COMMISSION DOES HAVE THE ABILITY TO MAKE RECOMMENDATIONS TO COUNSEL AS THEY SEE FIT.

SO IF THAT WANTS, IF IF THE COMMISSION WANTS TO ADD ADDITIONAL RECOMMENDATIONS AS ARE RELATED TO A CHICKEN COOP, I THINK THAT WOULD BE APPROPRIATE.

SURE.

OKAY TO PUT IN MY BACKYARD, BUT IF IT'S MORE SUBSTANTIAL THAN THAT, SO IT SOUNDS LIKE THEY'RE, THEY'RE ACTUALLY, THE DEFINITION DOES LEAD US TO, AT SOME LEVEL THE QUALITY OF WHAT WE'RE BUILDING.

YOU KNOW, ONE OF THE THINGS THAT, THAT I TALKED TO STAFF ABOUT EARLIER IS THAT, UM, AND I BROUGHT UP EARLIER THAT IT'S THE, THE PRETTIEST CHICKEN COOP I'VE EVER SEEN.

UM, THAT IF I'M IN A, IN A NEIGHBORHOOD TRADITIONAL NEIGHBORHOOD OR BACKING UP THROUGH A TRADITIONAL NEIGHBORHOOD, I REALLY DON'T WANNA SEE THAT.

SO I KNEW I'D LIKE TO SEE THE, THE WORRYING CHANGE THAT IT CANNOT BE ABOVE THE FENCE LINE FOR THE PROPERTY LINE.

SO THAT FENCE MIGHT BE FIVE FEET, THE FENCE MIGHT BE SIX FEET.

THERE'S A FEW THAT ARE TALLER THAN THAT, BUT NOT MUCH.

BUT I THINK TO COMMISSIONER MORGAN'S POINT, AND I THINK I'LL THROW THAT AT THE DISCUSSION OF, OF YOU, OF THE PEOPLE UP HERE, IS HOW COULD WE WORD SOMETHING IN TERMS OF QUALITY THAT TO MISS JONES' POINT YOU, YOU COULD HAVE A BUNCH OF CHICKEN WIRE AND TWO BY FOURS OR PLYWOOD AND THINGS LIKE THAT.

UM, AGAIN, IT'S GONNA BE THE PURVIEW OF THE COUNCIL MAYOR TO DECIDE WHETHER THERE'S GONNA BE CHICKENS OR NOT.

SO THAT'S NOT OUR PURVIEW TONIGHT, BUT I'M OPEN ENOUGH FOR DISCUSSION.

COMMISS QUINN.

YEAH, I I THINK PLANNING HAS MADE A GOOD GESTURE IN LOOK SMALLER THAN 120 SQUARE FEET.

I MEAN, WE'RE NOT, UM, NECESSARILY MANAGING SHEDS AND THOSE KIND OF THINGS EITHER, BUT AS SOON AS IT HITS, YOU KNOW, OVER 120 FEET OR OVER SEVEN FEET TALL OR ALL THE OTHER THINGS, THEN IT'S GOING THROUGH FOR BUILDING PERMITTING.

AM I CORRECT? SO AT THAT POINT, YOU'RE, YOU'RE TALKING ABOUT A MORE SUBSTANTIAL STRUCTURE THAT IS GOING TO HAVE TO GO THROUGH FULL PLAN REVIEW, YOU KNOW, FOUNDATIONS VERIFIED STRUCTURE OF THE BUILDING, VERIFIED IT'S, SO IT'S KIND OF LIKE THIS, YOU KNOW, IF I COULD BUY IT AT LOWE'S, IT'S

[00:55:01]

YES, SURE.

THANK YOU MR. CHAIR.

TO, TO ADD ON TO COMMISSIONER QUINN'S POINT, UM, I THINK I'M HESITANT IN ADDING SO MUCH IN THIS DEFINITION THAT BECOMES THIS LONG, CONVOLUTED THING, BUT I THINK FROM ALL THE INPUT THAT STAFF HAS RECEIVED, CITY COUNCIL HAS RECEIVED, I FEEL LIKE THAT'S NOT GOING UNNOTICED.

AND, AND THE COMMENTS TO PAY ATTENTION TO WHAT THESE LOOK LIKE, UM, THE ONLY SUGGESTION I WOULD MAKE TO THAT IS IF, IF THERE IS A HIGH QUALITY RESIGN AND ALL THESE CHARACTERISTICS THAT NEED TO BE FORCED INTO HOW THIS IS REVIEWED, PERHAPS THAT SQUARE FOOTAGE SHOULD BE LOWER BECAUSE THEN, YOU KNOW, YOU HAVE A, YOU YOU'RE CASTING A WIDER NET FOR THE AMOUNT OF CHICKEN COOPS.

YOU, YOU HAVE STAFF REVIEW AND THEY HAVE A HIGHER LIKELIHOOD TO COMMENT AND CATCH SOME OF THE, THE BAD EGGS, SO TO SPEAK.

GOT A BAD PUN.

THERE YOU GO.

, YOU GOTTA WORK THAT, YOU GOTTA WORK THAT IN IN, YEAH.

, OTHER COMMENTS, COMMISS? SURE.

THANK YOU CHAIRMAN.

UM, FROM MY PERSPECTIVE, I, I WOULD TEND TO AGREE THAT THE REGULATION OF STRUCTURES IN PEOPLE'S BACKYARDS AND HOW THEY LOOK, ESPECIALLY IF THEY ARE UNDER THE FENCE LINE, I WOULD AGREE WITH WITH YOU ON THAT.

BUT MY CON MY CONCERN AND AS BROUGHT UP TONIGHT WOULD BE REALLY THE, THE STRUCTURAL INTEGRITY OF THAT.

IF WE'RE TALKING ABOUT PALLETS AND, AND CHICKEN WIRE KIND OF MAKE SHIFTED TOGETHER VERSUS SOMETHING THAT IS ACTUALLY A LITTLE MORE STRUCTURALLY SOUND REGARDLESS OF WHETHER IT'S MORE THAN THE ONE 20 OR LESS THAN THE ONE 20, UM, I WOULD LIKE TO SEE THERE BE SOME FURTHER DEFINITION OF WHAT THE REQUIREMENTS MIGHT BE FROM A, A SAFETY STANDPOINT TO REALLY KEEP THAT STRUCTURE, UM, SAFE FROM THE OUTSIDE AND FROM THE INSIDE OUT.

YOU KNOW, I, WHEN I, I WAS AT THE COUNCIL WORK SESSION AND I, I HEARD A NEW WORD I NEVER HEARD BEFORE.

I'VE HEARD FERAL CATS, WE HAVE FERAL CHICKENS, SO, AND THERE'S NO WAY TO FIGURE IT OUT.

I MICRO CHIPPING I DON'T THINK IS A, A LEGITIMATE THING AND, UM, YOU DON'T PUT A COLLAR ON A CHICKEN, BUT TO YOUR POINT, HAVING THEM CONFINE SO THEY'RE NOT RUNNING AROUND, THEY CAN'T GET OUT KIND OF A SITUATION.

UM, YOU KNOW, CUZ OF IF CHICKEN'S OUT, NOBODY KNOWS WHO BELONGS TO IT.

I GUESS IT'S GONNA GO TO A, I DON'T KNOW WHERE IT'S GONNA GO.

I'M GONNA KEEP THAT COMMENT CLEAN.

UM, ANYWAY, I THINK YOUR POINTS ARE VALID THOUGH.

SO, UM, ANY OTHER COMMENTS FROM COMMISSIONERS? UH, CHAIRMAN, UH, JUST DOING A QUICK READING, AGAIN THROUGH THE DEFINITION THAT WE HAVE HERE, AND IT EVEN SPECIFICALLY PUTS IN HERE A SMALL STRUCTURE THAT IS USED AS A CAGE OR HOUSING ENCLOSURE.

AND I THINK THAT USED AS A CAGE THING CAN VERY EASILY TURN INTO PEOPLE HAVING CHICKEN WIRE WITH FOUR POSTS.

UM, SO I, I, YEAH, JUST, THAT'S KIND OF MY FINAL COMMENT ON THAT.

COMMISS COMMISSIONER ROSE, UH, THROUGH THE CHAIR.

UH, THANK YOU.

YEP.

I GUESS, UH, I KIND OF HAVE THE SAME SENTIMENTS THERE.

THERE'S, THERE ARE SOME ISSUES WITH SAFETY.

UH, UM, WE SAW ANOTHER, WE SAW A COYOTE JUST TODAY OF ALL THINGS.

BUT, UM, YEAH, I, I, I, I GUESS MAINLY SAFETY.

YOU'D HATE TO HAVE ONE OF THESE BIG MONSOON STORMS COME THROUGH AND YOU SEE WHAT IT DOES.

TRAMPOLINES MAYBE HATE TO SEE A, I GUESS A CHICKEN, UH, COOP BLOWN, BUT, UM, YEAH, I JUST THINK THERE, WE MIGHT NEED TO LOOK AT THIS AND, AND LOOK AT CODE ENFORCEMENT AND HOW, HOW CAN YOU, YOU REGULATE WHAT IS SAFE FOR THE NEIGHBORHOOD.

AGREE.

IF IT'S NOT TALLER THAN MY FENCE, MY NEIGHBORS CAN'T SEE IT UNLESS THEY'RE LOOKING OVER MY FENCE.

AND I, LIKE I SAID EARLIER, I THINK, YOU KNOW, I APPRECIATE OTHER CITIES OUT THERE IN TOWNS OUT THERE, BUT WE ARE CHANDLER AND WE'VE TALKED ABOUT THAT FOR MANY YEARS.

THE QUALITY, UM, I'LL ASK STAFF, UM, IN TERMS OF WORDING, IN TERMS OF QUALITY, I THINK THE, THE POINT OF CONFINED SAFETY, THINGS LIKE THAT, I DON'T THINK, I PERSONALLY DON'T WANNA SAY YOU CAN ONLY HAVE THIS MUCH, YOU KNOW, WOOD, BLAH, BLAH, BLAH.

BUT IS THERE A WAY I AM REALLY STRONG ON HAVING IT BELOW THE FENCE LINE, THAT THAT'S ONE OF THE BIGGEST THINGS IS, I DON'T WANNA LOOK AT IT.

I DON'T THINK ANYBODY SHOULD HAVE TO LOOK AT IT IF THEY DON'T WANT TO, BUT IS THERE A WAY TO WORD IT IN SUCH A WAY ON THE QUALITY OR CONFINEMENT OR WHAT'S YOUR THOUGHTS ON THAT CHAIRMAN? UH, THOUGHTS MAYBE ARE JUST TO KINDA HELP GUIDE YOU GUYS THROUGH THIS.

UM, SO VERY NOT TOO RECENT PAST, UH, WE, UH, WE AMENDED OUR CODE AND COMMISSION WAS A PART OF THAT, WHERE WE ACTUALLY CODIFIED THE REQUIREMENT THAT AN ACCESSORY STRUCTURE CARRY THE SAME ARCHITECTURAL STYLE AS THE PRIMARY STRUCTURE.

UM, IT'S BEEN PRACTICE, WE'VE DONE THIS BY POLICY, BUT WE'VE, WE'VE FINALLY CODIFIED IT, UM, NOT THAT LONG AGO.

UM, SO, UM, I CAN APPRECIATE THE AESTHETIC CONCERN, UH, ONCE IT BECOMES VISIBLE FROM A NEIGHBORING PROPERTY, LIKE WHAT I DO IN MY BACKYARD.

IF I BUILD A COMPOST PILE THING AND IT'S GOT WOOD AND STUFF AND IT DOESN'T LOOK ALL THAT GREAT,

[01:00:01]

UM, SO I, I CAN HEAR THE, THE, THE STRUGGLE WITH KIND OF THE AESTHETIC OF WHAT COULD BE VISIBLE FROM YOUR NEIGHBOR.

MOST FENCES, UH, IN MOST WALLS IN, IN, IN OUR SUBDIVISIONS ARE SIX FEET TALL.

SOME OF 'EM ARE FIVE 10, SOME OF THEM ARE SIX FOOT TWO, BUT THEY'RE RIGHT AROUND SIX FEET TALL.

UM, AND NOT WANTING TO GET TOO GRANULAR INTO, AGAIN, TRYING TO REGULATE SOMETHING THROUGH A DEFINITION, UM, PROBABLY RIGHT NOW WE HAVE, IT'S GREATER THAN ONE 20 OR TALLER THAN SEVEN FEET.

IT COUNTS AS YOUR ACCESSORY STRUCTURE.

IF IT COUNTS AS YOUR ACCESSORY STRUCTURE, IT HAS TO, BY, BY THEN DEFINITION IT HAS TO FOLLOW IS THE ARCHITECTURAL REQUIREMENT OF TYING IT BACK TO THE PRIMARY STRUCTURE.

SO SIMPLY TWEAKING THIS DEFINITION TONIGHT, YOU CAN KEEP IT AT THE ONE 20, UH, BUT PULL THAT HEIGHT DOWN TO SIX FEET SO THAT IF IT'S UNDER THE SIX FEET HEIGHT AND YOU CAN'T SEE IT FROM YOUR NEIGHBORING PROPERTY, OWNER NEIGHBORING PROPERTY, THEN THE KIND OF REVIEW DOESN'T KICK IN.

BY THE POINT THAT IT DOES GET TALLER THAN THAT, THEN IT DOES COUNT AS YOUR ACCESSORY STRUCTURE AND IS REQUIRED TO, UM, ARCHITECTURALLY MATCH THE PRIMARY STRUCTURE.

IT COULD BE ONE WAY TO REGULATE THAT EASILY IN THE DEFINITION THAT IT AUTOMATICALLY REFERS TO ANOTHER DEFINITION, ADDING REGULATIONS INTO THE DEFINITION.

THAT'S NOT WHERE WE PUT THOSE TYPE OF REGULATIONS.

I HOPE THAT MAYBE THAT HELPS, MAYBE THAT JUST CONFUSED IT MORE, BUT SO, WELL, IT'S, IT'S AN INTERESTING CONCEPT.

IF, IF WE MADE A SIP OR MADE THE WORDING THAT BELOW THE FENCE LINE, I THINK THAT'S, I THINK A LOT OF PEOPLE HAVE THAT UP ON THIS COMMISSION.

I'VE SEEN A LOT OF NODDING HEADS AND, UM, FOR THE CHICKEN COOP TO BE SECURE, UM, SO THAT WE DON'T HAVE FREE ROAMING CHICKENS.

LIKE I SAID, THAT THE WORD FERAL CHICKENS, I NEVER HEARD BEFORE.

BUT THERE ARE PEOPLE THAT YOU GO INTO, SOME OF THE NEIGHBORHOODS THEY ARE ROAMING AROUND.

IS THAT SOMETHING AS PART OF THE CHICKEN COOP WE COULD DO? IS THAT YOUR ANSWER? OR, OR THE CITY ATTORNEY.

IT'S STARTING TO REGULATE HOW THE STRUCTURE IS USED.

UM, AND IF SOMEONE LEFT A GATE OPEN, ARE THEY NOW IN VIOLATION OF THE DEFINITION OF A COOP? THAT'S NOT STUFF THAT IS IN DEFINITIONS, THAT'S STUFF THAT IS IN ANIMAL REGULATIONS LIKE IN CHAPTER 14, BUT NOT AT THAT POINT.

I THINK I WOULD PROBABLY, UM, PASS THOSE AS RECOMMENDATIONS FOR COUNSEL TO CONSIDER, UH, AND PUT THAT IN IN OUR NOTES.

I KNOW YOU'RE LOOKING FOR SOMETHING THAT'S MORE VOTED ON AND YOU GUYS CAN VOTE ON, UH, WHAT OTHER COMMENTS YOU FORWARD TO, TO COUNSEL, BUT THOSE AREN'T THINGS THAT, THAT BELONG DOWN IN A, IN A DEFINITION.

IF YOU, IF YOU LIKE, AND I'VE GOT OUR MUNI CODE REP RIGHT NOW, ACCESSORY STRUCTURE AND STORAGE.

SHED DON'T HAVE ANYTHING IN THERE ABOUT THE AESTHETIC OF IT.

IT JUST DESCRIBES WHAT THAT BUILDING IS, UM, ELSEWHERE IN THE CODE.

DOES IT REFERENCE AESTHETIC OR ARCHITECTURAL TIE BACK TO THE MAIN STRUCTURE FOR ACCESSORY STRUCTURES? SO, UM, I JUST WANNA BE CAREFUL AS A ZONE ADMINISTRATOR WHAT GOES INTO THE DEFINITIONS AND WHERE WE PLACE REGULATIONS INAPPROPRIATELY.

WE, WE JUST THROW A LITTLE MORE WORK ON TO YOU KEVIN.

SO I'LL ASK THE CITY ATTORNEY THIS QUESTION.

IF A MOTION WAS MADE TO SAY, YOU KNOW, THE DEFINITIONS OF A CHICKEN COOP IS NOT TO BE ABOVE THE FENCE LINE AND WE ARE RECOMMENDING TO THE COUNCIL TO FIGURE OUT A WAY IN CHAPTER 14, CORRECT.

TO REGULATE 'EM IN SUCH A WAY THAT THIS THEY ARE SECURE FACILITY SO WE DON'T HAVE THE FREE ROAMING AND THINGS LIKE THAT.

WOULD THAT SUFFICE IN TERMS OF MOTION THAT WE COULD MAKE THAT KEEPS IT PRETTY CLEAN? WE'RE DEFINING HEIGHT, UM, AND THEN ALSO THE FACT THAT REC A RECOMMENDATION TO COUNCIL.

SURE.

I, I THINK THAT WOULD BE APPROPRIATE.

I WOULD JUST WANNA MAKE SURE THAT THE MOTION IS CLEAR THAT THE COMMISSION IS APPROVING THE DEFINITION OF, UH, CHICKEN COOP AS PRESENTED BY COUNSEL, UH, WITH THE RE RECOMMENDATION THAT THE DEFINITION BE AMENDED TO, IF YOU WANNA DO THE HEIGHT, IF YOU WANNA PUT THAT IN THE DEFINITION RIGHT.

MAKE THAT PART OF THE MOTION AND WITH, WITH AN ADDITIONAL RECOMMENDATION TO COUNCIL TO CONSIDER OTHER ITEMS THAT MAY GO INTO CHAPTER 14 INCLUDING, AND THEN STATE THOSE.

I THINK THAT'S HOW I WOULD DO IT.

SO INCLUDING SETBACKS TO TAKE A LOOK AT SETBACKS, THINGS LIKE THAT.

LET THAT COUNCIL WOULD HAVE TO MAKE THAT DECISION BASED ON THAT.

CORRECT.

OR SETBACKS.

SOMETHING THAT OUR PURVIEWS ALLOW.

IT WOULD BE A RECOMMENDATION TO COUNSEL.

TO CONSIDER.

BUT WE COULD, THE HEIGHT PART OF IT COULD BE PART OF THE DEFINITION.

THE REST OF IT COULD BE RECOMMENDATION.

I THINK THAT WOULD BE APPROPRIATE.

TALL, MOST OF THE FENCES IN, IN, IN CHANDLER, AT LEAST IN MOST OF THE NEIGHBORHOODS ARE, ARE SIX FEET.

ALL RIGHT.

ANY OTHER COMMENTS FROM COMMISSION? KYLE, YOU HAVE YOUR FINGER ON THE BUTTON, SO I'M NOT SURE.

OH, COMMISSION MORGAN .

I SEE A LOT OF BUTTONS, FINGERS ON BUTTONS.

JAR.

I, I THINK I WANT TO BE CLEAR ON THE HEIGHT THING HERE BECAUSE I THINK YOU'RE FALLING INTO A POTENTIAL FOR, YOUR HOUSE HAS DIFFERENT RULES THAN MY HOUSE IF MY FENCE IS SLIGHTLY TALLER THAN YOUR FENCE.

SO I THINK IF WE'RE GONNA MAKE A RECOMMENDATION ON HEIGHT, WE SHOULD JUST SAY, LOOK, WE'RE, WE THINK SEVEN FEETS TOO

[01:05:01]

LET'S JUST SAY LOOK, MAXIMUM SIX FEET TALL AND THEN IT DOESN'T COUNT AS ACCESSORY BUILDING.

IF YOU EXCEED SIX FEET IN HEIGHT, REGARDLESS OF OF ITS SIZE, IT, IT WOULD THEN FALL INTO THE CATEGORY OF ACCESSORY BUILDING.

IF YOU, IF WE DEFINED IT, AND I TALKED TO STAFF ABOUT THIS EARLIER, IF WE DEFINED IT AS NOT ABOVE THE WALL, SO IF YOUR WALL'S FIVE FOOT 10 OR YOUR WALL'S SIX FOOT TWO, IT'S BELOW THE WALL LINE.

SO TO YOUR POINT, IT, THERE ARE, THERE ARE DIFFERENT SIZES BUT'S BELOW THE WALL LINE THEN, AND AGAIN, IF THEY WANT TO COME BACK LATER, THEY HAVE TO COME BACK FOR APPROVAL WHEN THEY, KEVIN, IF THEY WANTED TO BUILD A 200 SQUARE FOOT CHICKEN GOOP.

WHAT I'M SUGGESTING IS THAT THAT MEANS THAT IT'S DIFFERENT RULES FOR THE CITY TO HAVE TO FOLLOW ON WHAT GETS PERMITTED.

SO IF YOU ONLY HAVE A, WE'RE WE'RE NOT PERMIT THAT THESE AREN'T BEING PERMITTED.

WE'RE NOT, WE'RE NOT PERMITTING.

THEY ABSOLUTELY WILL BE PERMANENT IF YOU'RE BIGGER THAN THAT.

BIGGER THAN YOUR FENCE.

SO IF MY FENCE IS ONLY FOUR FOOT 10 INCHES AND I CAN ONLY HAVE A FOUR FOOT, 10 INCH COOP, BUT YOU CAN HAVE A SIX FOOT.

SO IF I SUBMIT ON A SIX FOOT, YOU DIDN'T HAVE TO SUBMIT ON A SIX FOOT FOR THE SAME REQUIREMENTS.

I THINK THAT'S, I'M NOT REALLY DOING THAT.

KEVIN, I THINK CAN YOU CLARIFY, CAUSE I MY THOUGHTS IF WE HAVE IT NOT ABOVE THE FENCE LINE, IT COVERS A PERSON WHO HAS FOUR FOOT 10 OR THE PERSON HAS SEVEN FEET.

THE SQUARE FOOTAGE WOULD NOT CHANGE IF IT BE GREATER THAN 120 FEET OR ABOVE.

THE FENCE LINE WOULD HAVE TO COME IN FOR A PERMIT.

CORRECT.

CHAIRMAN, UH, THE COMMISSION CAN KIND OF DO AS A WISH WITH THIS RECOMMENDATION, UH, AS PART OF THE GROUP THAT ENFORCES OUR ZONING CODE, UH, IT IS VERY CHALLENGING TO HAVE SOMETHING THAT SAYS LIKE, UH, NO HIGHER THAN THE FENCE LINE.

UM, CUZ THE GRADES COULD BE DIFFERENT ON EITHER SIDE OF THE FENCE.

UH, AND WE HAVE FENCES THAT ARE FOUR FEET TALL.

WE HAVE FENCES THAT ARE 10 FEET TALL.

WE HAVE SOUND PEOPLE, LOTS OF THAT BACK UP TO A SOUND WALL THAT ARE 14 FOOT SOUND WALLS.

UM, SO I, I WANNA BE CAREFUL THAT, UH, WHAT WE'RE THE, THE NUMBER AND THE, AND WHAT WE'RE ADJUSTING IN THIS DEFINITION, UM, THAT WE'RE KEEPING AN EYE ON THE FACT THAT IF IT GETS ABOVE CERTAIN THINGS, REGARDLESS OF IF IT'S A COOP OR A STORAGE SHED, IT STILL TRIGGERS IT, IT CALLS ITSELF AN ACCESSORY STRUCTURE.

UM, SO AT LEAST WHAT I HEAR FROM THE COMMISSION, UH, IS THAT THE AESTHETIC CONCERN IS WHEN IT CAN BE VIEWED FROM A NEIGHBORING PROPERTY.

UM, I UNDERSTAND WHAT YOU'RE TRYING TO DO WITH THE FENCE HEIGHT THAT'S CHALLENGING TO ENFORCE, UH, AND CHALLENGING FOR THE, FOR THE NEIGHBOR A A PROPERTY OWNER TO SEE SOMEBODY NEXT DOOR THAT HAS A SIX AND THEY CAN ONLY HAVE A FOUR.

IT JUST BECOMES CHALLENGING TO ENFORCE IT.

BUT I UNDERSTAND THAT.

BUT TO HAVE SOME KIND OF CLEAR DEFINITION, WHETHER WE SAY, UM, IT'S NO MORE THAN 120 FEET IF IT, IF IT'S MORE THAN SEVEN FEET, YOU HAVE TO COME IN FOR PERMIT IF IT'S BELOW THE FENCE LINE.

AGAIN, I, I THINK IT, IT'S A CLEAR DEFINITION.

IF SOMEBODY HAS A FOUR FOOT FENCE, THEY HAVE A FOUR FOOT FENCE.

AND IF I LIVE NEXT TO THEM, I DON'T WANNA, I DON'T WANNA LOOK AT IT.

THAT'S MY POINT.

SO, BUT THEY ALSO HAVE THE RIGHT, I DON'T WANT, I DON'T WANNA DEBATE UNDERSTAND IF THEY HAVE THE RIGHT TO BUILD A FENCE, A SIX FOOT TALLER.

EXACTLY.

SO THEY BUILD, IF THEY BUILD THAT FENCE, THEY'RE NOT GONNA SEE IT.

CORRECT.

SO THAT'S MY POINT AND STUFF.

SO ANYWAY.

ANY OTHER COMMENTS? COMMISSION? ABSOLUTELY.

UM, CHAIRMAN AND STAFF, SO HOW DID YOU ARRIVE AT THE SEVEN FOOT THAT YOU OUTLINED IN YOUR RECOMMENDATION? IS THAT COMMENSURATE WITH WHAT AN ACCESSORY STRUCTURE OR IS THAT COMMENSURATE WITH THROUGH THE CHAIRING DEFINITIONS? THAT'S CORRECT.

OTHER STRUCTURES ALREADY PERMITTED OUR CODE, LIKE A STORAGE SHED OR ACCESSORY STRUCTURE.

IT SLOTS IT WITHIN THOSE, THE SAME TRIGGER, SAY FOR FOR A STORAGE SHED.

THE SAME TRIGGER IF IT GETS ABOVE SEVEN FEET, REQUIRES A PERMIT.

AND WE WOULD COUNT COUNTED AS AN ACCESSORY STRUCTURE.

YEAH, COMMISSIONER QUINN.

I I MEAN, I MIGHT JUST SUGGEST IF THERE'S A CONCERN WITH A TYPICAL WALL WOULD BE A SIX FOOT WALL FROM THE STANDPOINT OF MAYBE NOT TYPICAL, BUT MORE SO, YOU KNOW, THAT WOULD BE A STANDARD TYPE OF WALL.

SO IF THERE IS A CONCERN WITH SETTING A HEIGHT, I WOULD MAYBE SUGGEST WE COULD CONSIDER SIX FEET INSTEAD OF THE SEVEN.

BUT OKAY.

I'M GONNA TRY AND MAKE A MOTION ON THIS.

SO ANY OTHER FURTHER DISCUSSION? I DON'T WANNA, OKAY.

UM, YOU MIGHT HELP ME WITH THE WORDING.

LAUREN, YOU MIGHT WANNA HELP TOO.

SO CAN YOU BRING UP THE DEFINITION OF WHAT WE HAVE RIGHT NOW PLEASE? AND WE CAN TWEAK IT AND, CAUSE I HAVE A THOUGHT THAT MIGHT HELP COMMISSIONER QUINN AND I THINK, AND I'M SORRY.

SORRY.

UM, SO IF WE ADDED THE LANGUAGE, SMALL STRUCTURE, USE OF CAKE, BLAH, BLAH, BLAH, AND, UH, CHICKEN COOP INCLUDES ANY CHICKEN RUN, ATTACH AND CLOSURE IN WHICH CHICKENS ARE ALLOWED TO ROAM.

A CHICKEN COOP EXCEEDING

[01:10:01]

120 SQUARE FEET IN SIZE OR SEVEN FEET IN HEIGHT REQUIRES A BUILDING PERMIT THAT'S CONSIDERED ACCESSORY BUILDING.

AND THAT ADD LANGUAGE TO THE FACT OF, UM, THAT COULD STAY THERE.

BUT A A, A CHICKEN COOP COULD NOT BE VISIBLE FROM, UH, ABOVE THE WALL.

UM, SO IF SOMEBODY HAS A FOUR FOOT WALL, THEY, YOU KNOW, IT STILL HAVE TO BE FOUR FEET.

IF THEY HAVE A SEVEN FOOT WALL OR SIX FOOT 10 AS LONG AS IT'S BELOW THAT, IT'S NOT ABOVE SEVEN FEET.

COULD YOU FIGURE OUT SOME WORDING THAT MAKES IT WORKS FOR YOU GUYS? AND THEN I ALSO WANT TO, I'LL ADD TO THAT IF WE FIGURE OUT THE RIGHT WORDING, A RECOMMENDATION TO COUNSEL TO FIGURE OUT A WAY TO MAKE SURE THESE THINGS ARE SECURE AND SOME OF THE COMMENTS THAT WERE BROUGHT UP TO THE BY THE CITIZENS TONIGHT.

YOU'RE GOOD AT STEPS, LAUREN? I'M GONNA LOOK TO DAVID AND KEVIN .

YOU GUYS HAVE, YEAH, MR. CHAIRMAN, UH, COMMISSION, I'LL, I'LL TAKE A SHOT AT THIS.

UM, SO WE COULD SAY A SMALL STRUCTURE THAT IS SECURE AND THAT TAKES CARE OF THE, THE COMMENT ABOUT BEING SECURE AND SAFE.

SO A SMALL STRUCTURE THAT IS SECURE AND USED AS A HOUSING ENCLOSURE FOR CHICKENS.

SO NOTICE I I DID NOT USE THE WORD CAGE.

I TOOK THAT WORD OUT.

SO THAT WOULD BE THE FIRST SENTENCE.

A SMALL STRUCTURE THAT IS SECURE AND USED AS HOUSING, A HOUSING ENCLOSURE FOR CHICKENS.

THE CHICKEN COOP INCLUDES ANY CHICKEN RUN OR ATTACHED ENCLOSURE IN WHICH CHICKENS ARE ALLOWED TO ROAM.

SO THAT SENTENCE STAYS THE SAME.

THEN THE NEXT SENTENCE, A CHICKEN COOP EXCEEDING 120 SQUARE FEET IN SIZE, OR THAT IS ABOVE THE FENCE LINE, UH, IS CONSIDERED AN ACCESSORY BUILDING FOR PURPOSES, OR NO, I'M SORRY, UH, LET ME BACK UP.

A CHICKEN COOP SHALL NOT EXCEED 120 SQUARE FEET OR SHALL NOT BE, UH, HIGHER THAN THE, THE FENCE LINE OR THE TOP OF THE FENCE.

AND, AND THEN ADD A NEW SENSE THAT SAYS ANY CHICKEN COOP THAT IS GREATER THAN 120 SQUARE FEET OR GREATER THAN SEVEN FEET IN HEIGHT SHALL BE CONSIDERED AN ACCESSORY BUILDING AND BE SUBJECT TO, UH, THE PURPOSES OF SECTION 35 22 0 2.

SO I ADDED BASICALLY A NEW SENTENCE.

UM, I TOOK THAT FIRST PART OF THAT LAST SENTENCE AND CREATED A NEW SENTENCE.

AND THEN STILL THE FIRST PART, WHAT IT DOES IS IT SAYS A CHICKEN COOP CANNOT BE MORE THAN 120 SQUARE FEET AND IT CAN'T BE MORE THAN SEVEN FEET.

UH, OR I'M SORRY, ABOVE THE FENCE LINE.

AND THEN THE NEXT SENTENCE SAYS, IF IT IS OVER SEVEN FEET IN HEIGHT OR 120 SQUARE FEET, IT IT'S AN ACCESSORY BUILDING.

IT SHALL BE CATEGORIZED AND TREATED AS SUCH.

I, I, I LIKE THAT.

AND I THINK WHAT IT ALSO DOES IS WHAT KEVIN TALKED ABOUT EARLIER THEN THERE'S CODE YOU GUYS, WHEN THE CITY CHANGED THE CODES A FEW YEARS AGO ABOUT MATCHING AND THINGS LIKE THAT, THAT THAT WOULD APPLY, RIGHT, KEVIN? CORRECT.

YOU, WE MIGHT NEED TO CLEAN UP.

CAUSE I THINK I JUST HEARD THAT IT CAN'T BE GREATER THAN ONE 20, BUT IF IT'S GREATER THAN ONE 20, I WANNA MAKE, WE'LL PROBABLY NEED TO, THE ONE 20 ISN'T DOESN'T SEEM TO BE THE, THE RUB.

IT SEEMS TO BE THE HEIGHT IF IT'S VISIBLE THE FENCE.

SO, UH, IT JUST NEEDS TO BE BELOW THE FENCE LINE.

UH, AND THEN IF IT'S, IF THE FENCE IS A 10 FOOT FENCE, UM, AND IF IT GETS, IF THE COOP IS THEN GREATER THAN SEVEN FEET OR 120 SQUARE FEET, IT TRIGGERS ACCESSORY BUILDING REQUIREMENT AND BUILDING PERMITS.

UM, WHICH THAT'S NORMAL, WHETHER IT WAS A SHED OR A COOP.

SO, WE'LL, WE'LL CLEAN IT UP, BUT I THINK WE GOT THE GIST OF OKAY.

WHAT THAT IS.

ALL RIGHT.

I WILL MAKE THAT MOTION AND I JUST, NOW I NEED A SECOND THAT CHAIR IF I COULD.

YES, SIR.

JUST TO MAKE CLEAR, I THINK THE MOTION SHOULD BE THAT THE COMMISSION IS RECOMMENDING APPROVAL OF THE DEFINITION AS AMENDED BY STAFF.

SO I WILL, I'LL MAKE THAT MOTION THAT WE'RE RECOMMENDING TO COUNSEL THE DEFINITION THAT WAS JUST READ INTO BY STAFF SECOND.

GOOD EVENT.

OKAY, GREAT.

ANY OTHER COMMENTS? OKAY.

ALL THOSE IN FAVOR OF THE MOTION, SAY AYE.

AYE.

ANY OPPOSED? MAY ONE DAY, TWO DAYS.

SO IT PASSES FIVE TO TWO.