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
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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
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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.
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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.
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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.
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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.
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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.
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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?
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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:
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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.
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