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Planning Commission MINS 01-16-2013CITY OT FEDERAL WAY PLANNING COMMISSION January 16, 2013 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Sarady Long, Lawson Bronson, Tom Medhurst, and Tim O'Neil. Commissioners absent: Wayne Carlson (unexcused). Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret Clark, Senior Planner Janet Shull, Assistant City Attorney Peter Beckwith, Chris Hoffer, Forterra, and Kara Martin, Urban Food Link. CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of November 7, 2012, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS STUDY SESSION — Proposed Amendments Related to Urban Agriculture Senior Planner Shull delivered the staff report. There will be no official action. The purpose of tonight's meeting is to introduce the topic and seek input from Commissioners and citizens in order to proceed with specific recommendations for proposed amendments related to urban agriculture. Our consultant is present and will also deliver information. Senior Planner Shull presented an overview of various types of urban agriculture, reviewed existing issues related to siting urban agriculture uses in Federal Way, and held a discussion of proposed approaches to address urban agriculture via amendments to the Federal Way Revised Code (FWRC). The Planning Commissioners' packet contains preliminary recommendations in Section III (page 4). Preliminary recommendations are based on the work of our consultant team with staff and citizen input. They include proposed definitions and proposed siting of various types of urban agriculture uses. In addition, staff would like input on should the FWRC be amended to make provisions for permanent signs for urban agriculture that provides identification and education; if yes, what is appropriate signage for residential versus commercial zones; and should home occupation standards be modified specific to urban agriculture. Also, the Commissioners are encouraged to discuss any issues staff has not considered. Staff will prepare specific proposed amendments and will bring them to the Commission for a public hearing tentatively scheduled for March. KAPlanning Commission\2013Weeting Summary 01- 16- 13.doc Planning Commission Minutes Page 2 January 16, 2013 Senior Planner Shull introduced Chris Hoffer, a consultant from Forterra. He stated that he is excited about the opportunities the proposed amendments will offer for job creation and to local farmers, food entrepreneurs, small business, and the community as a whole. The consultants have been inspired by the citizen's visions for urban agriculture. She then introduced Consultant Kara Martin from Urban Food Link. Ms. Martin said they have seen more and more people gardening in their back yards. Community gardens are used for educational purposes and community gathering places as well as producing food. In addition, they are seeing economic development because small businesses are being created. Cities throughout the nation and of all sizes are developing policies and zoning regulations for urban agriculture. The proposed amendments are based on the work done in other cities. There are four issues they considered when developing the proposed amendments: 1) provide clarity; 2) identify potential regulation barriers; 3) reduce staff time used to interpret requests; 4) reduce language added to the code by referring to existing language. The meeting was opened for public comment. Senior Planner Shull noted that this is not a public hearing, so any comments are not "officially" part of the record, but staff and the Commission will consider them. Jim and Donna Cox, Project Managers of the Light of Christ Church's Community Garden — He stated that we are all attempting to live a healthy lifestyle and allowing urban agriculture in the city would help achieve this goal. It brings the community together and provides fresh food for people in need. When they sought permits this last year for the garden, they found the regulations confusing, unclear, and open to much interpretation. He encouraged the Commission to adopt the proposed regulations in order to make the code clear. Clear regulations may encourage others to participate in urban agriculture, leading to a healthier lifestyle for the city's citizens. He also encouraged the Commission to allow signs for community gardens. Dave and Rose Ehl, Federal Way Farmer's Market — Mr. Ehl commented that this year the market is celebrating its tenth anniversary, and he is confused about whether the market is temporary or permanent. The city code says they are temporary, but they consider themselves permanent and would like to be officially established as such. Being permanent would allow them to put up signage to identify their location, dates, and times. Ms. Ehl commented that every city she has visited has signage about farmer's markets. They want people who come to Federal Way to know that there is a farmer's market in the city. On the tourism website, they are identified under shopping as part of the mall. They feel they have very poor identity in this city. Chair Pfeiffer commented that the market is temporary under the current zoning code because they do not have a permanent building and are in existence only six months out of the year. The city is glad to have the market. Senior Planner Shull commented that the issue regarding a permanent sign for this temporary use is something staff and the Commission will consider. Commissioner Medhurst asked if the market could place a banner over the street during the season. The city had approved the use of a banner over the street. Principal Planner Clark stated that it is her understanding that the market would have to be sponsored by the city to place such a banner. Senior Planner Shull commented that staff will research this issue. Commissioner Bronson commented that if the city proposes a change, it should be for all similar organizations that want /need a sign. Commissioners Medhurst and Bronson expressed concern that the issue is urban agriculture, and we are talking about signs. It appears to them as two separate issues. Commissioner Elder commented she is concerned about where a permanent sign for the market would be located. They have held the market at different locations in the past. Mr. Ehl commented that the market is anticipated they will sign a long term agreement with the mall and the sign would be located there. KAPI -ring Commission\2013 \Meeting Summary 01- 16.13.Aoc Planning Commission Minutes Page 3 January 16, 2013 Maria Breneman — She loves to grow food and share that food with other people. She and her husband recently purchased their first home, which is in Federal Way and she would like to have an urban farm on her property. She has spoken to the Senior Planner Shull about her wish and they have concluded the code is too ambiguous to say if an urban farm would be allowed or not. The proposed amendments should clear up this issue. The citizens and staff would have clear answers on what is allowed or not. People in the city are moving towards having gardens and the city needs clear policies on the issue in order to support them. The proposed definitions are accurate and would support her needs. She believes the city should allow urban farming in all the zones so any suitable property could have one. Finding the land is the biggest difficulty and this would allow any land a farmer finds legal for an urban farm. Most of the codes are fine the way they are. She agrees that home gardens should not be regulated. She is concerned with the proposed requirement that urban farms that are larger than 4000 square feet go through a Process III. She feels a Process III is too onerous and out of step with the small size of an urban farm business. Such a business would not generate a lot of money; most would be under $25,000. Teri Hickel, Community Gardens Board of Directors President — She loves her experience with the community garden. A community garden draws people together and creates new friendships. She stated it is wonderful to see people of all ages (from very young children to elderly people) gardening and sharing their experiences. They have specialty gardens (one is for special needs people). The gardens are also used for educational purposes. She encourages the city to adopt the proposed amendments and hopes to see many more community gardens in our city. Carol Stanley, Community Gardens Board of Directors — She and Mike Stanley (Executive Director) appreciate the work staff has done. This started as a desire to reach out to the seniors in our community with fresh produce. They hand deliver produce to the seniors. It is a collaborative effort with students and those with special needs. The gardens provide an opportunity for the community to come together. She thanked the Commission for their work and stated they want to work together to make the opportunities and experiences even better. Chair Pfeiffer thanked everyone for their comments. Their views are an important part of the decision making. The Commission makes a recommendation that will be passed on to the Land Use /Transportation Committee and then the City Council for the final decision. Commissioner Long would like the definition and zoning information for home garden removed because they city will not be regulating them and therefore, there is no need for a definition or zoning information in the code. Commissioner Bronson suggests we drop most of the definitions. He suggests that as long as it is not a commercial endeavor, there should be no restrictions. Restrictions should only be for commercial and non - profit businesses. We already have regulations for businesses. He is concerned that a non - profit might have some commercial endeavors. Commissioner Elder disagrees. For example, the Federal Way Farmer's Market has businesses at the market that are for - profit. Commissioner Bronson's suggestion would mean they would be regulated. Under his suggestion, the community gardens would not be regulated. It is not fair to regulate the farmer's market, but not the community gardens. Senior Planner Shull commented that the reason staff included home gardens is so they can differentiate between home gardens and urban farms. Commissioner O'Neil commented that he agrees with Commissioner Bronson. We can simplify by not have regulations for p- patch, home, and community gardens, especially since for the most part, they will be on private land. Planning Manager Conlen commented that staff agrees with the perspective of not KAPlanning Commission \2013 \Meeting summary 01- 16 -13. doc Planning Commission Minutes Page 4 January 16, 2013 requiring permits for theses gardens, but they are concerned about the scale and what impacts that would have on surrounding properties (i.e. parking, traffic, noise, etc.). He suggests a threshold in regards to size so that larger gardens are reviewed and regulated if necessary because of their impacts. Commissioner Bronson asked if staff is suggesting that non - commercial urban agriculture over 800 square feet would be regulated to make sure there are no negative impacts. Senior Planner Shull commented that staff would have to research the appropriate size beyond which gardens would be regulated. Chair Pfeiffer commented that he has no problem with the definitions because they make communication clearer, but he is concerned with the regulations. The Commission expressed concern about wetlands and groundwater. Staff replied that the city's critical areas regulations will protect wetlands and the city will work with Lakehaven to protect groundwater. The Commission would like the proposed urban agriculture regulations to be as simple as possible. Senior Planner Shull asked the Commission to clarify that they want to address signage separately because it has implications for all business. She stated that the code currently prohibits signage for home occupations. She understands the Commissions concern is that it would be unfair to allow signage for an urban farm, but not another type of home occupation such as a piano teacher. The Commission agreed with her understanding of their concern. Chair Pfeiffer commented that signs are a sensitive issue and making changes is likely to concern a large number of citizens. Senior Planner Shull commented that in the city's home occupation regulations, there is a limit to the number of visitors /patrons. The current limit is four visitors per day, which would not work for an urban farm or cottage food business. Would the Commission want an expectation for urban agriculture businesses? It is something staff may be able to justify because someone stopping a few minutes to pick up some potatoes from an urban farm is likely to have less impact to the neighborhood compared to someone who is there for a longer time for a hair appointment. Commissioner Long asked how the city would monitor that. If there is no way to monitor it, the city should not make rules that cannot be enforced. Commissioner O'Neil commented that since the monitoring would be done only if a complaint is made, he does not see a need to change the current code. It is likely that neighbors would not complain about a few cars throughout the day, but only if there is a large line of cars in front of an urban farm. Chair Pfeiffer commented that the number of visitors should be increased for all home occupations because four is not a large enough for urban agriculture and it would not be fair to have an exception of the number of visitors just for them. Staff agrees. Chair Pfeiffer commented that on page 3 of the staff report it references a study on "The Food Landscape in Federal Way, Washington." That study divides food into the categories of healthy (supermarkets, farmers markets) and unhealthy (fast food, convenience store). He feels unhealthy is a bad choice of words because it implies that eating a hamburger is unhealthy when it is more the amount one eats. He feels the word should be changed because it could be detrimental to fast food restaurants and convenience stores. Senior Planner Shull commented that when staff comes forward with a formal recommendation, they can rework that section. ADDITIONAL BUSINESS None ADJOURN The meeting was adjourned at 9:00 p.m. KAPlanning Commission \2013\Meering Summary 01- 16- 13.doc