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HomeMy WebLinkAboutITEM V-CMemorandum WASHINGTON To: Planning and Community Development Committee From: Stuart Wagner, Planner Jeff Dixon, Principal Planner Planning and Development Department CC: Elizabeth Chamberlain, AICP, Planning Manager Date: February28, 2011 Re: Zoning Code Amendment to allow Agricultural Enterprises in the Residential Conservancy zoning district in response to an application by Mosby Brothers Farms Background Burr Mosby of Mosby Brother Farms Inc. through his agent, Lee Michaelis of R.W. Thorpe and Associates applied for both Comprehensive Plan and Zoning Amendments in 2010. Changes to the policy statements of the Comprehensive Plan were approved by the City Council in December 2010 by Ordinance No. 6334 This memorandum provides background and context for the follow-on "privately initiated" amendments to the Title 18 - Zoning of the Auburn City Code's to allow for and regulate the establishment and operation of "agricultural enterprises" on properties with a zoning designation of RC, Residential Conservancy. This memorandum also provides an introduction to the set of regulations governing agricultural enterprises, should the proposed amendments be approved. These regulations were initially proposed by the applicant, and have been reviewed and revised by Planning staff to fit the existing structure of the zoning code, to improve clarity, and provide efficient and consistent implementation. The proposed amendments will primarily affect three sections of the current zoning code as follows: Chapter 18.04 - Definitions, (to provide a definition of the intended use) • Chapter 18.07 - Residential Zones, (to define whether the use is allowed through an administrative or conditional use permit using the code's matrix format) • Chapter 18.31 - Supplemental Development Standards (to provide additional standards to ensure the use will be appropriate and compatible in the zoning district) . Discussion So what is an Agricultural Enterprise? In working with the applicant's agent the term has been defined as - a business enterprise which is engaged in or related to farming, agricultural production and other businesses and services supporting and promoting agriculture practices and the practice of locally grown foods. The term also includes the following terms that are increasingly becoming part of the vernacular: Agritourism" means a business enterprise activity that includes operation of working farm or any agricultural, horticultural or agricultural operation that while not an exclusive function is open to the public on at least a periodic basis for enjoyment, recreation, personal entertainment, or education "Agricultural Entertainment" means any event or activity that allows for recreation, entertainment, education and tourism in conjunction with agriculture support and services associated with agricultural activities. The agricultural entertainment shall be permitted in conjunction with support of the agriculture enterprise. Agritourism is probably the term that is most recognized here and as the name implies it is "agriculture" plus "tourism". Oftentimes a farmer desires to promote the products of his or her farm and also generate additional farm income. And the ways in which the farmer can add value is through having agricultural festivals and fairs, farm visits and tours, demonstration farms, wineries, corn mazes, agricultural museums, country stores, and farmers' markets Based on initial research, an increasing number of jurisdictions in the United States are amending their zoning ordinances to allow these value-added agricultural activities. Included among the reasons for allowing agritourism (and related uses) is to generate direct marketing opportunities for local farmers to increase revenues and ensure the viability of their farm operations. It is also seen as an excellent tool to educate the public about the origin of locally grown food, learn about a region's agricultural heritage, and also the role agricultural plays in the economy. Planning staff, working in conjunction with the applicant, has considered a series of uses that are recommended to be allowed under an agricultural enterprise as well as requirements towards their establishment and operation. These uses and requirements are summarized in a table format in the next section. Agricultural Enterprises - Summary of Code Amendments General Regulations Summary Zoning District RC, Residential Conservancy Permitted Administrative Use Permit Required - When 50 percent, or more, of the total site area is dedicated to active agricultural production during the growing season Conditional Use Permit Required - When less than 50 percent of the total site area is dedicated to active agricultural production during the growing season Uses The following uses would be allowed when directly related to (in conjunction with) an agricultural enterprise (as defined above): • Agricultural Crops and open field growing; • Barns, Silos, and related structures; • Catering Facilities that serve on-site visitors or uses agricultural products; • Commercial Retail Stores; • Delicatessens, restaurants or sandwich shops and limited to a seating area of 25 seats; • Drive-Through Espresso and/or Non Alcoholic Beverage Stands, Free standing; • Education facilities providing courses related to agricultural production and/or processing or promotion of locally grown food; • Farmstands, for the sale of agricultural products raised on the premises in addition to agricultural products that are raised off site; • Small Scale Food Processing or packaging of agricultural products; • Greenhouses, Private and Commercial; • Keeping of livestock, fowl, and rabbits; • Museum and cultural facilities and civic displays; • Outdoor Musical Entertainment (when it meets all requirements for the business licensing of ACC 5.20.200); • Special Events - Special events include, but are not limited to, the following activities where attendance exceeds 200 persons or more: - Weddings, Meetings, Receptions, Reunions, Wine tastings, Parties, Concerts, Retreats; • Tourist and Visitor Services; • Winery; and • Other uses as determined by the Planning Director. The Planning Director may authorize uses under this definition other than those which are listed, if the Planning Director determines the use is consistent with the intent of the zone and is of the same general character of the uses permitted within the zone. Responsible Party All components of the agricultural enterprise are to operated or maintained by the property owner, lease holder, or occupant of the land Area (Minimum Size) A single parcel with a minimum of 10 acres in total site area Location/Access Must have direct access onto a Minor Arterial or higher classification street as determined by the Planning Director and City Engineer. Appearance/aesthetic Buildings located in such a manner where visual impacts to adjoining impacts properties that are used or zoned for residential uses are reduced or avoided. • Landscape buffer ten (10) feet in width provided on-site in those areas between the buildings, parking areas, and outdoor storage areas and the property line. • No highly reflective building materials on buildings. Site Planning Individual buildings - cannot exceed 5,000 square feet in gross floor area Combined - maximum 50,000 square feet in gross floor area Proposed Setbacks" Front: 35 Feet Rear: 20 feet. Interior Side: 20 feet Street Side: 35 feet "Development standards for RC zone attached (for comparison purposes) Signs Wall signs, freestanding signs, projecting signs, suspended signs, and changing message signs Conclusion: During the Committee's discussion of agricultural enterprises and summary of the proposed code amendments, at its February 28 meeting, staff would like to discuss the following questions: 1. After reviewing the list of allowed uses when directly related to (in conjunction with) an agricultural enterprise, is the list of identified uses appropriate and do certain uses within this list warrant a higher level approval process to ensure the ability to review for compatibility? 2. The applicant has proposed to include a drive-thru espresso or non-alcoholic stand in the code amendments. It is not obvious how the espresso stand is directly related to the agricultural enterprise, is the Committee supportive of inclusion of this use? 3. The applicant has indicated to staff that a key factor in the success of an agricultural enterprise is the ability to have/host special events (comprised of 200 or more individuals). Without some regulation of the maximum capacity and frequency of these special events or the ability to review through a higher level approval process such as a conditional or administrative use, staff is concerned that these uses could result in impacts. Currently the applicant would like to hold 52 special events (of 200 or more individuals) within a calendar year. Are there thresholds you would like staff to consider? 4. The applicant has requested that signage applicable to an agricultural enterprise be similar in the types, area and height of signage allowed in the C3, Heavy Commercial zone and Planning staff believes sign types, area, and height allowances similar to the C-1, Light Commercial Zoning District are more appropriate in light of the underlying zoning having a residential focus. What types, area, and height signage should be allowed for an agricultural enterprise? 5. Does the Committee have additional questions or information that it wants staff to research and report back pertaining to allowing agricultural enterprises or related to the proposed code amendments? Enc: Auburn City Code - Sections ACC 18.07.030 Residential Development Standards - RC, Residential Conservancy (portion) ACC 18.56.040 (Sign) Regulations by district (portion) Enclosures: Auburn City Code - Sections 18.07.030 Development standards. Table 18.07.030 Residential Development Standards Standard RC A Base density (units per net acre) 0.25 B Minimum density (units per net acre)' 0.25 C Minimum average lot area per dwelling unit (square feet) 174,240 D Minimum lot area per dwelling unit (square feet) 174,240 E Minimum lot width (feet)2 125 F Minimum setbacks (feet)Z,' 1 Residence front setback' 35 2 Garage (minimum front setback required from street access)' 20 3 Setback to any property line for barns, stables, coops, or similar structures for enclosure of animals 75 4 Setback to any property line for any corral, exercise yard, or arena 35 5 Interior side setback 20 6 Street side setback' 35 7 Rear setback' 35 8 Rear setback, detached structure In all zones, 20 ft for structure with vehicular entrance oriented toward street or public alley' 15 G Maximum lot coverage 25 H Maximum impervious area 25 I Maximum building height (feet) 35 J Maximum height of accessory buildings and structures 35' K Minimum front setback area landscape strip (feet) N/A L Minimum side setback area landscape strip (feet) N/A M Minimum landscaped open space N/A 1. For purposes of calculating minimum density, critical area buffers are not included in net site area. See ACC 18.02.065 for calculation of net acreage for minimum density. 2. All minimum lot widths, setbacks, and landscaping strips are subject to demonstration to the satisfaction of the city engineer that all required utility infrastructure, access requirements, and street elements can be accommodated in accordance with the design and construction standards. 3. In addition to meeting setback requirements, all structures must meet sight distance requirements in accordance with city design and construction standards. 4. Barns and other specialized structures used for agricultural purposes may exceed the height limits. Enclosures: Auburn City Code - Sections - Cont. Chapter 18.56 SIGNS 18.56.040 Regulation by district. B. RO, RO-H, C-N, C-1, LHC1, BP Zoning Districts (Nonresidential Uses). 1. Maximum sign area of all signs is 150 square feet per frontage. 2. Freestanding Signs. a. Total number permitted: one per frontage not to exceed two total. b. Maximum height: 22 feet, 10 feet in the RO zone. c. Maximum area: 100 square feet per face, 75 square feet per face in the RO zone, calculated at a rate of one square foot of sign area for every two lineal feet of frontage. Minimum entitlement for freestanding signs shall be one sign at 32 square feet for those sites with less than 64 feet of frontage. d. If permitted, the second freestanding sign shall not exceed 50 percent of the area allowed for a single freestanding sign and 150 feet measured in a straight-line distance must separate multiple pole signs. 3. Wall Signs (for Building or Tenant Space). a. Total number permitted: One per frontage. b. Maximum area: 100 square feet, calculated at a rate of one square foot of sign area for every 1.5 lineal feet of frontage. For multitenant buildings where freestanding signage contains the name of not more than one tenant business (e.g., a prime tenant name or a shopping center name), an additional 25 percent of wall signage per tenant space shall be allowed. This increase in signage shall not apply to minimum entitlement for wall signs, which shall be one sign at 16 square feet. c. Signs may be directly or indirectly illuminated. 4. Suspended Signs. a. Total number permitted: one per entrance. b. Maximum area: six square feet per face. c. Minimum clearance is eight feet from sign to grade. 5. Projecting Signs. a. Not permitted in C-N, RO or RO-H. b. Total number permitted: one in lieu of a permitted freestanding sign. c. Maximum height: height requirement of the zoning district. d. Maximum area: 50 percent of the area allowed for single freestanding signs. F. C-3 Zoning District. 1. Freestanding Signs. a. Total number permitted: two per frontage not to exceed four total. b. Maximum height: 30 feet. c. Maximum area: 200 square feet, calculated at a rate of one square foot of sign area for every two lineal feet of frontage; provided, that the maximum size of any sign does not exceed 125 square foot per face. The minimum entitlement for freestanding signs is 32 square feet for those sites without 64 feet of frontage. d. The total area of freestanding signs on any given frontage shall not exceed the area allowed for a single freestanding sign. e. The maximum height of signs located on a second or third frontage shall be 20 feet. 2. Wall Signs (for Building or Tenant Space). a. Maximum area: 125 square feet, calculated at a rate of one square foot of sign area for every 1.5 lineal feet of frontage. 3. Projecting Signs. a. Total number permitted: one in lieu of a permitted freestanding sign. b. Maximum height: height requirement of the zoning district. c. Maximum area: 50 percent of the area allowed for single freestanding sign. 4. Suspended Signs. a. Total number permitted: one. b. Maximum placement height: 25 feet. c. Maximum area: six square feet per face. d. Minimum clearance is eight feet from sign to grade. Off-Premises Signs. a. Total number permitted: one per business and one per parcel. b. Location: Off-premises sign must be located in a zone that permits off-premises signs. c. Maximum height: 20 feet. d. Maximum area: 50 percent of the area allowed for single freestanding sign, calculated using the feet of frontage of the site where the sign is located. e. Must be within 750 feet of the business being advertised. f. Must be separated from any existing pole sign a minimum distance of 150 feet measured in a straight-line distance. g. Sign can be no more than two faces. h. Signs may be directly or indirectly illuminated.