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Planning Commission PKT 01-16-2013City of Federal Way PLANNING COMMISSION I(January 16, 2013 City Hall I 7:00 p.m. Council Chambers AGENDA I . CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES November 7, 2012 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS • STUDY SESSION Proposed Amendments Related to Urban Agriculture 7. ADDITIONAL BUSINESS 8. ADJOURN Commissioners Merle Pfeifer, Chair Tom Medhurst, Vice -Chair Lawson Bronson Wayne Carlson Hope Elder Sarady Long Tim O'Neil KAPlanning CommissioiU013Wgenda 01- 16 -13.dm City staff Isaac Conlen, Planning Manager Margaret Clark, Principal Planner E. Tina Piety, Administrative Assistant 253 -835 -2601 www.cifyoffederahvay.com CITY OF FEDERAL WAY PLANNING COMMISSION November 7, 2012 Hylebos Conference Room 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Sarady Long, Lawson Bronson, and Tim O'Neil. Commissioners absent: Tom Medhurst (excused) and Wayne Carlson (unexcused). Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret Clark, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Tina Piety. CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES Commissioner Bronson moved (and it was seconded) to approve the minutes of October 17, 2012, with the modification that Vice -Chair Medhurst called the meeting to order, not Chair Pfeifer as stated. There was no discussion and the motion passed unanimously. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Planning Manager Conlen announced the next meeting will be December 5, 2012; if the item is ready. It will be a public hearing on the proposed amendments to the Federal Way Revised Code (FWRC) regarding urban agriculture. Discussion was held on what date the next meeting will take place if the item is not ready for December 5`}'. Due to the holidays, the Commission decided the next meeting will be January 17, 2013. COMMISSION BUSINESS PUBLIC HEARING — 2012 Comprehensive Plan Amendments Principal Planner Clark delivered the staff report. Proposed amendments to the Federal Way Comprehensive Plan (FWCP) include: Changes to the text of Chapter 1, "Introduction ", and Chapter 2, "Land Use," related to urban agriculture. Two citizen- initiated requests for a comprehensive plan amendment and rezone. Earlier this year, the city received a grant in the form of technical assistance from Forterra and has worked with them to develop the language, goals, and policies related to urban agriculture. Forterra is a nonprofit organization whose mission is to protect, enhance and steward our region's communities and K:\Planning Commission\2011\Aleeting Summary 11- 07- 12.doc Planning Commission Minutes Page 2 November, 7, 2012 landscapes. They work to build the foundations for sustainable environmental and economic futures. Forterra is in the process of preparing the code amendments to implement the proposed FWCP goals and policies. The amendments to the chapters consist of adding language pertaining to urban agriculture and access to healthy opportunities where appropriate. Skye Schell of Forterra commented they received feedback from the community when developing the proposed amendments. Ms. Clark commented that the city is receiving more requests for urban gardens. The state requires that the city's comprehensive plan has policies in place for requirements in the zoning code. This step will provide those policies. The next step is amendments to the zoning code, which will come to the Commission at their next meeting. The proposed amendments do not include definitions, but Ms. Clark stated that urban agriculture includes community gardens, home garden, pea patches, urban farms, farm stands, cottage food processing, school garden, farmers markets, and drop -off sites; and explained each one. Afterwards she described the two site - specific requests. The meeting was opened for public comment. Steve Cleary — He commented he is following the progress of the Hoit Site - Specific Request because he has a vested interest in the outcome. He owns property adjacent to the site. Ping Chen — He is visiting different jurisdictions' Planning Commission meetings. He feels this is the best meeting so far due to the staff report and professionalism of the Commissioners. He feels welcome at the meeting. He asked if it would be correct to say the Planning Commission is in favor of "down zoning." Chair Pfeifer replied that the Commission is not in- or out -of favor of "down zoning." Each amendment that comes to the Commission is judged on its own merits. The Commissioners listen and read the staff report and take into account the staff recommendation and their own knowledge to arrive at a decision they feel is best for the citizens and the city as a whole. Public comment was closed. Commissioner O'Neil noted that the Hoit property is basically landlocked. If they were to join with the neighboring property, and the site - specific request is granted, the site would have access and enough buildable land for at least one residence. The Commission decided they would vote upon each aspect of the proposed amendments separately. Assistant City Attorney Beckwith commented that they can do this, but the entire proposed amendments must move forward as one unit. Commission Bronson moved (and it was seconded) to recommend approval of the staff recommendation for the Hoit Site - Specific Request. There was no further discussion and the motion carried unanimously. The Commission began their discussion of the proposed urban agricultural amendments to FWCP chapters 1 and 2. Commissioner Bronson expressed his concern that there are no definitions of the types of urban agriculture; there is only a chart listing the types. Principal Planner Clark replied that definitions will be part of the upcoming proposed amendments to the FWRC. Commissioner Bronson commented that he is uneasy with the idea of sending these proposed amendments forward without definitions. Without definitions, it is unclear exactly what is meant by urban agriculture. Commissioner Bronson commented that he is not clear why these amendments for urban agriculture are being proposed. The city already allows various types of urban agriculture, so why the proposed amendments? Principal Planner Clark commented that while the city does allow some urban agriculture on a case -by -case basis, there are no regulations in the FWRC for urban agriculture. The proposed amendments will put policies into the FWCP, which staff can then use to develop regulations for the FWRC. Commissioner Bronson commented that he does not see the need to add more regulations since KAPlanning Commission\201lWeeting Summary 02- 22- 12.doc Planning Commission Minutes Page 3 November, 7, 2012 farmers markets are already allowed through temporary uses. Adding more language to the FWCP and FWRC would just mean the staff would have to spend more time maintaining and amending that language as needed. Principal Planner Clark stated that the proposed amendments will give predictability to staff and citizens. Commissioner O'Neil moved (and it was seconded) to recommend approval of the staff s recommendation as written for amendments to the FWCP chapters 1 and 2 regarding urban agriculture. There was no further discussion. The motion carried with one no and four yeses. Commission Bronson moved (and it was seconded) to recommend approval of the staff recommendation for the Barrett/Lindberg Site - Specific Request. There was no further discussion and the motion carried with four yes and one abstain (Commissioner Elder abstained because in the past she had monetary interest in the property in question). The public hearing was closed. ADDITIONAL BUSINESS None ADJOURN The meeting was adjourned at 8:20 p.m. KAPlanning Commission\201 I\N4eedng Summary 02- 22- 12.doc AIL CITY OF Federal Development Regulations for Urban Agriculture Planning Commission Study Session January 16, 2013 I. INTRODUCTION This staff report contains an overview of various types of urban agriculture that are currently found, or likely to be sited, within the City of Federal Way. It also provides background information on earlier work done regarding urban agriculture and access to healthy food in Federal Way through the Communities Putting Prevention to Work (CPPW) grant in 2010 -2012, and the technical assistance provided by Forterra via the Environmental Protection Agency's (EPA) Building Sustainable Communities grant. There is currently no reference to urban agriculture in the Federal Way Revised Code (FWRC). Therefore, whether or not land use review is required and the type of land use review process associated with proposed urban agriculture uses has been interpreted on a case -by -case basis. Staff has been working with Forterra on review of our current code and the development of recommendations for regulating urban agriculture uses in Federal Way. What do we mean by "urban agriculture "? The following graphic illustrates the various types of land use activities that can be characterized as urban agriculture. Urban Agriculture in Federal Way '. Community Schont Hoene Pea- Urban Farmers Cottage t ardens ardens Farmstands .fond g g gardens patehes' farms markets Processing The uses listed above are those that are being considered in the development of proposed modifications to our existing regulations. These uses are addressed in the urban agriculture comprehensive plan policy language currently being considered by the City Council for adoption. The primary issues being considered in the proposed amendments to Federal Way development regulations include: • The FWRC does not contain a definition of "urban agriculture," or any of the associated land use activities. • The use zone charts in FWRC Title 19 do not specify "urban agriculture," or any of the associated land use activities as a permitted use in any of the zones (the Suburban Estates [SE] zone allows "commercial agriculture," which is an entirely different type of agricultural use). • Some, but not all, urban agriculture uses have development characteristics such as parking, noise, stormwater impacts, or signage, which need to be considered in review of such uses. • What is appropriate in residential as compared with commercial zones should be given consideration. H. BACKGROUND This section presents a summary of recent efforts to document and analyze the various types of urban agriculture uses /activities taking place in Federal Way, or likely to take place, for which we are planning. EXISTING URBAN AGRICULTURE IN FEDERAL WAY The graphic in Section I shows the types of urban agriculture that we are currently planning for. Of those listed, the most prominent types of urban agriculture uses we find in Federal Way are: Home Gardens (not regulated) Community Gardens School Gardens; and Farmers Market Home gardens are simply private residential gardens where food is being grown for the use of the residents. These gardens can be found throughout the city's residential areas and are not/will not be regulated. Community gardens have been getting a great deal of attention in Federal Way. With the formation of the Federal Way Community Gardens Foundation, and in particular the guidance of CEO Mike Stanley, two large community gardens and a number of smaller elementary school gardens have been developed and are providing healthy organic produce for Federal Way's low income residents. The success of these gardens has inspired other groups to develop community gardens, for example, the Light of Christ Community Garden that celebrated its first harvest season in 2012. School gardens have been developed at a number of Federal Way elementary schools in partnership with the Federal Way Community Gardens Foundation as discussed above. The Federal Way Community Gardens Foundation is working with the school district on an ongoing basis to expand the gardens to additional schools throughout the district. The Federal Way Farmers Market is a successful and popular seasonal Saturday market located in the City Center. The Farmers Market is looking at options to expand locations and/or days of the week and also operated a holiday market indoors at the Commons Mall during the 2012 holiday season. While home gardens are allowed as an accessory use to a residential use without any land use permit, most of the other types of urban agriculture are not anticipated by the existing regulations and therefore, the code must be interpreted to determine how to review and approve these uses. Urban Agriculture Page 2 Planning Commission Study Session January 16, 2013 EXISTING REGULATIONS RELATED TO URBAN AGRICULTURE As noted in Section I, the FWRC is largely silent on urban agriculture as a land use. There is one reference to commercial agriculture in the Suburban Estates (SE) zoning district which is the city's large, rural lot zone with a minimum lot size of five acres. The type of agriculture use considered for the SE zone is more typical of what would be found in rural areas with consideration of the use of farm equipment and more emphasis on the keeping of animals than typically found in urban areas. Farmers markets are referenced in the FWRC as a permitted temporary use. This has worked rather well for the Federal Way Farmers Market in its current operation model as it meets the parameters of a temporary use. However, the Federal Way Farmers Market could take on a permanent character as many do in other cities. As a permanent use, farmers markets would be subject to a code interpretation under existing regulations. CPPW GRANT - FUNDED FOOD ACCESS STUDY In the spring of 2010, the City of Federal Way received grant funding from Public Health Seattle - King County through the Federal Center for Disease Control's Communities Putting Prevention to Work (CPPW) program. The work under this grant resulted in the development of a report entitled "The Food Landscape in Federal Way, Washington" by Urban Food Link and the University of Washington Northwest Center for Livable Communities. This study examined the number and location of healthy food vendors (supermarkets, grocery stores, farmers markets) and unhealthy food vendors, (fast food, convenience stores). ,Some of the key findings included: • Federal Way has almost four times as many unhealthy as health food vendors. • Over 85% of the city's geographic area is greater than ' /2 mile from a supermarket. • There are some areas with a high percentage of low income residents who do not live within walking distance of a supermarket making access to healthy food more difficult for those residents, especially if they do not own a car. • Federal Way has a higher rate of obesity and other health - related issues than King County as a whole. The recommendations of the Food Landscape Report were shared with the Planning Commission and City Council. The City Council adopted Resolution 12 -617 in March 2012 that directed staff to develop draft comprehensive plan and zoning code amendments for City Council consideration that apply the recommendations of CPPW grant - funded study related to urban agriculture. THE EPA BUILDING SUSTAINABLE COMMUNITIES CONSORTIUM GRANT Within a few months of completing work on the CPPW grant- funded program, planning staff learned of the opportunity to apply to Forterra for assistance with furthering the work of the CPPW grant on healthy food access and urban agriculture in particular. We applied for the technical assistance grant provided by Forterra staff through the EPA's Building Sustainable Communities Consortium program. Federal Way was one of six communities to receive grant resources through Forterra and the EPA - funded program. This has been a great opportunity for Federal Way as without the assistance of Forterra, we would not have had the resources to advance work on the comprehensive plan policy and regulations related to urban agriculture in 2012/13. Community Outreach and Input Forterra staff conducted workshops on urban agriculture policies and development regulations with the public on September 17, 2012, October 15, 2012, and January 8, 2013, and reached out to citizens representing the Farmers Market, Community Gardens, interested individuals and elected and appointed officials. The workshops were very interactive with a great deal of discussion amongst workshop participants. Urban Agriculture Page 3 Planning Commission Study Session January 16, 2013 Development and Adoption of Urban Agriculture Policies for the Comprehensive Plan The first product of the work with Forterra under the EPA grant was the development of urban agriculture policies for the comprehensive plan. These policies have been reviewed by the Planning Commission and forwarded on to the City Council. The City Council passed the draft policies on to second reading and adoption at their upcoming January 15, 2013, meeting. It is anticipated they will be adopted at that meeting and will go into effect January 23, 2013. Development of Recommended Strategies for Regulations Following preparation of draft Urban Agriculture Policies, Forterra and their subconsultant Urban Food Link turned their attention to review of our existing development regulations. The result of that review is the recommendations that are the subject of this workshop. The recommendations were shared in public workshops facilitated by Forterra with the same group of interested parties who participated in the policy development workshop. At this point, there are still many details to be worked out in terms of translating the recommendations into specific draft code language, so staff determined that a study session with the Planning Commission would be a valuable interim step to solicit your input on the topics/issues discussed in the workshops with citizens. Based on your input, staff will proceed with the development of specific code language for consideration at a future public hearing. III.PRELIMINARY RECOMMENDATIONS Based on the work Forterra has been engaged in, and input from public workshops, the following section identifies potential language for discussion purposes. 1. Adopt zoning code definitions for the following: • Urban Agriculture (overarching definition under which the following definitions would fall) • Home Garden • Community Garden (this definition would include what are typically referred to as "pea- patches ") • Urban Farm • Farmers Market • Farm Stand • Cottage Food Operation The following table contains potential definitions: Table 1. Urban Agriculture Definitions Term Definition , Urban Urban agriculture is an umbrella term encompassing a wide range of activities Agriculture involving the raising, cultivation, processing, marketing, and distribution of food. Urban agriculture land uses include: home gardens, community gardens, urban farms, cottage food operation, farm stands, and farmers markets. Urban Agriculture Page 4 Planning Commission Study Session January 16, 2013 Table 1. Urban Agriculture Definitions Term Definition Home Garden The property of a single- family or multi - family residence used for the Home Garden cultivation of fruits, vegetables, plants, flowers, or herbs by the residents of the P property, guests of the property owner, or a gardening business hired by the Community Garden property owner. Food grown is not for commercial purposes. Community Privately or publicly owned land used for the cultivation of fruits, vegetables, Garden plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one or more individuals (pea - patches), or may be farmed collectively by members of the group and may include common areas maintained for use by group members. Food grown is typically not for commercial purposes but rather for community garden members or as a donation. Urban Farm Privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by an individual, organization, or business with the primary purpose of growing food for sale. Farmers Market A temporary (typically outdoor) or permanent (indoor or outdoor) market where farmers, producers, and other vendors sell whole produce; value -added agricultural products such as jams, jellies, and pickles; prepared food; plants; flowers; meats; dairy products; shellfish and fmfish; and other food - related products. Additionally, some vendors may sell non- food - related products and services; however, the majority of products for sale shall be food - related products. Entertainment and other community building activities may also be provided; however, these other activities shall be ancillary in nature and support the primary purpose of providing a venue for farmers to sell fresh produce and other agricultural products. Farm Stand A structure accessory to a community garden, urban farm, or cottage food operation for the display and sale of vegetables or produce, flowers, orchard products, animal products, locally- produced packaged food products, and similar non - animal products grown or produced on the general property of which the stand is located. Cottage Food A business licensed by the State of Washington per WAC 16.149 to make low - Operation risk food products in a home kitchen and sell directly to consumers. 2. Appropriate types of urban agriculture uses in commercial and single family residential zones: The table below summarizes the proposed siting of the various types of urban agriculture uses in Federal Way. Table 2. Urban Agriculture in Federal Way Zoning Districts Type Commercial Zones Residential Zones Notes Home Garden P P Allowed with no regulation. Community Garden P (see note 1) P (see note 2) 1. Allowed in CC -C and CC -F as an interim use. Urban Agriculture Page 5 Planning Commission Study Session January 16, 2013 Table 2. Urban Agriculture in Federal Way Zoning Districts Type Commercial Residential Notes Zones Zones 2. May consider size limits unless proposed as an accessory to existing permitted use like a school or church. Urban Farm P (see note 1) P -A (see note 2) 1. Allowed in CC -C and CC -F as an interim use. 2. Consider need for notification of neighbors and appropriate level of land use review to ensure no adverse impacts on neighboring residential properties. Farmer's P (see note 1) P -A (see note 2) 1. Permitted in commercial zones that Market allow retail use. 2. Allow as an accessory use on school, park, and church sites within residential zones as a temporary use. Farm Stand P (see note 1), > P -A (see note 2) 1. Permitted in commercial zones that allow retail use. 2. Consider allowing as an accessory use in residential zones where there is a permitted urban farm, community garden or cottage food operation. Cottage Food N/A P -A (see note 1) By state law, these uses are to be Operation considered as and comply with local home occupation standards, as well as state health standards. Key: P = "permitted "; P -A = "permitted as an accessory use" IV. PLANNING COMMISSION DISCUSSION POINTS Staff is asking for Planning Commissioners' input on the recommendations discussed in this staff report and would appreciate feedback on the below issues as well as any additional issues you may have observed or are aware of related to urban agriculture in Federal Way. With your advance input on this topic, staff will then prepare a report that provides further analysis of these issues, as well as a series of specific recommendations for your consideration at an upcoming meeting. APPROPRIATE ZONES Most urban agricultural uses are low- intensity and do not generate a lot of traffic, have few if any structures associated with them, and have limited impact on the stormwater system. Therefore, staff feels that in general, urban agriculture uses should be allowed in all commercial zones as a permitted use. Greater care should be taken with urban agriculture uses in residential zones as to size and possible impact of urban agriculture uses that could generate traffic or noise impacts. Discussion: Do you agree with the general recommendations outlined in Table 2? Urban Agriculture Page 6 Planning Commission Study Session January 16, 2013 SIGNAGE Signage is important for identification, advertising, and in some cases, educational purposes. Some examples of the types of signs desired include: • The Federal Way Farmers Market would like a permanent sign to post on the site they operate from so that there is year -round awareness of the location even though they are not a permanent fixture on the site. Since they are a temporary use, they are subject to temporary sign standards. • Community gardens and pea patches like to have signs to identify their location and are also interested in educational signage that explains how the gardens are developed and cared for and how others can participate. • Urban farms, cottage food processing and farm stands utilize signage to advertise the availability of produce and food products for purchase. • In residential zones, signage is currently strictly limited and home occupations are not allowed to have any signage. Many jurisdictions allow small signs for urban farms and farm stands. Discussion: Should the FWRC be amended to make provisions for permanent signs for farmers markets and community gardens that provide for identification and education about urban agriculture? Discussion: Should Federal Way allow small signs for urban agriculture uses in residential zones, and if so, should we also allow similar signs for other home occupations that might desire an identification sign? HOME OCCUPATION STANDARDS Staff is considering amendments to FWRC 19.270, "Home Occupations." Currently, this code section could be interpreted to limit urban agriculture in that it specifies that there be no outside storage, exterior indication, or activity. In addition, there are limits in the home occupation standards on the number of client visitors to no more than four per day. Discussion: Should the FWRC be amended to specify that urban farms and cottage food operations are exempt from some of the traditional home occupation standards discussed above, or possibly assign a different standard, for example limiting hours of delivery and pickup rather than number of visitors? OTHER DISCUSSION POINTS Are there other discussion topics related to urban agriculture that the Planning Commission would like to raise at this time? Add your notes here: Urban Agriculture Page 7 Planning Commission Study Session January 16, 2013 V. PLANNING COMMISSION NEXT STEPS Staff will consider the input of the Planning Commission and prepare detailed proposed code amendments for your consideration at an upcoming public hearing following issuance of the SEPA notice and the associated public comment period. K: \Urban Agriculture (Forterra) \011613 Study Session Memo.doc Urban Agriculture Page 8 Planning Commission Study Session January 16, 2013