HomeMy WebLinkAboutITEM VI-A
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°CITYQF~
Mernorandum
-
WASHINGT4N
To: Planning Commission
From: StuartWagner, Planner
' Jeff Dixon; Rrincipal Planner
Planning and Development Department -
CC: Elizabeth Chamberlain, AICP, Planning Manager
Date: Aprif 5, 2011
Re: Zoning Code Amendment to allow Agricultural Ente,rprises in the Residential Conservancy zoning
disfrict 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. Thocpe and
Associates applied for both Comprehensive Plan and Zoning Amendments in 2010. Changes to the
policy statements of the Comprehen"s_ive Plan were previously reviewed by the Planning Commission
_ and approved,by the City Council in December 2010 by Ordinance No. 6334
This memorandum provides background' and context for the follow-on "privately initiated"
amendmenfs to the Title 18 - Zoning of_the Aubum City Code's to allow for and regulate the
establishment and operation of "agricultural enterprises" on,prqperties with a zoning designation of
RC, Residential Conservancy.
This memorandum also discusses the set of regulations governing agriculturat enterprises, should
- the proposed amendments be approyed. These regulations were initially proposed by the applicant,
and have been reviewed and revised by Planning staff to fit the existing sfructure of the zoning code,
to improve.clarity, and provide efficient and consistent impleme"nfation.
The proposed amendments will primarily affect three sections of the currenf zoning code as follows:
e 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 StandaFds (to provide additional standards to
ensure the use will be approp(afe and compatible in the zoning district)
Discussion
So what is an Agriculfural 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 agriculfure practices and the practice
of Jocally and regionally 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 a 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, edueation and tourism in conjunction with agriculture support and services
associated with agricultural activities. The agricultural enfertainment 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 fo allow these value-added agricultural activities. Included among the
reasons forallowing agritourism (and related uses) is to generate direct marketing opportunities for
local farmers to inerease revenues and ensure the viability of their farm operations. It is also seen
as an excellenf tool to educatethe public about the origin of locally grown food, ieam 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 "
rei~mmended to be allowed under an agncultural enterprise as well as requirements towards their
estabfishment`and operation. Attached to this memorandum are the "DRAFT" code amendmenfs
which state the allowed uses and the applicable development standatds for an agricultural
enterprise. In order to assist with the review of these amendments they have also been summarized
in a table formaY in the.next section.
Agricultural Enterprises - Summary of Code Amendments
:t~eneral ~ R`~' aulaFons
Zoning Di'strict 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 and with 52 or less special events per calendar year
Conditional Use Permit Reauired - When less than 50 percent of the total site
area is dedicated to active agricultural production during ttie growing season, "
or with more than 52 special events per calendar year
Uses
The following uses would be allowed when directly related to, or conjunction
with an agricultural enterprise under unified management or ownership:
• Agncultural Crops and open field growing;
e Bams, Silos,.and related structures;
Catecing Facilities that serve on-site visitors or uses agricultural
products;
• Commercial Retail Stores that support the agricultural enterprise;
• Delicatessens, restaurants or sandwich shops and limited to a
seatin area of 25 seats;
2
• 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 and regionally
_ grown food; .
Farmstands, for the sale of agricultural products raised on the
. premises in addition to.agricultural products that are raised off site;
0 SmallScale Food'P-rocessing or packaging of agricultural products;
~ Greenhouses, Private and Commercial; -
e Keeping of livestock; fowl, and rabbits;
• Museum and cultural facilities and ciVic displays;
• Outdoor Musical Entertainment (when if ineets all requirements for
,the business ficensing of ACG 5.20.200);
e Speeial Events - Special events include, but are not Jimited to, the
following activities where attendance exceeds 200 persons or more
• Tourist and Visitor Services;.
• Winery; and
• Other uses as determined by the Planning Director
Responsible Party Alf components of fhe 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 sfreet 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 buffec ten (10) feet in width provided on-site in those areas
between the buildings and the property line
o No highly reflective building maferials on buildings
Site Planning The development standards of the RC Zoning District, under ACC 18.07.030,
apply unless a different standard applies with the supplemental development
standards' "
CoveraQe
. Individual 6uildings - cannot exceed 5,000 square feet in gross floor area
• Combined - maximum 50,000 square feet in gross floor area
• The maximum impervious area shall not-exceed 40 percent Proposed Setbacks -
Front: 35 Feet
Rear: 20 feet
Interior Side: 20 feet
Street Side: 35 feet
*Develo ment standards for RC zone attached for com arison u oses .
3
Conclusion:
In anticipation of#he Planning Commission conducting a public hearing on the proposed zoning code ,
text amendments at their second monthly meeting on April 19th, staff would like to take this
opportunity to discuss whether the information and standards proposed above are sufficient and
address any outstanding questions the Planning Commission might have. Lasfly, the
Commissioners will notice that one section of the draft code amendments (under Chapter 18.31 -
Supplemental Development $tandards) is highlighted. Staff continues to have on-going discussions
with the applicant on the number of freestanding signs that would be available to promote an
agricultural enterprise.
Enc: 1. Existing Code Sections
ACC 18.07.030 Residential Development Standards - RC, Residential Conservancy (portion)
2. Proposed Code Amendments - Draft Form
ACC Chapter 18.04 - Definitions (new definitions)
ACC Chapter 18.07 - Residential Zones ("agricultural enterprise" addeci to current'use table)
AGC Chapter 18.31 - SupPlemental Development Standards (new secfion of code)
4
Eraclosure 1: Existing Code Sections
ACG 18.07.030 Residential Development Standards (portion - related to the RC zone)
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 -
G 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 widfh (feet)z _ 125
F Minimum setbacks (feet)23 -
1 Residence front setback' . 35
2 Garage (minimum front setback required from street access)' , 20
3 Setback to any property line for bams, stables, coops, or 75
similar structures for enclosure of animals
4 Setback to any property line for any corral, exercise yard, or ; 35
arena
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 15
'toward street`or public alley'
G Maximum lot coverage 25
H Maximum impervious area 25
: IMaximum building height (feet) 35
J Maximum height of accessory buildings and structures 354
K M'inimum 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 are.a 6uffers are not induded in net site area. See
ACC 18.02.065 foe catculation of net acxeage'forminimum density.
2. All minimum lot widths, setbacks, and landscaping strips are subjecf to demonstration:to the satisfadion
ofthe city engineer that all required utility infrastructure, access requirements, and street elements can be
accommodated in accordance with the design and consfruction standards.
3. In addition to meeting setback requiremerrts, all strudures musf ineetsight distance requirements in
acxordance with aty design and const►uction standards. . 4. Bams and otherspecialized strudures used for agricultural purposes may exceed. the height limits.
Enclosure 2: DRAFT
Chapter 18.0.4: DEFINITIONS (NEW)
18.04.035 AQricultural Enterarise
"Agricultural Enterprise" means a business enterprise which is engaged in or related to
farming, ag(cultural production and other businesses and services supporting and
promoting agriculture, practices and the practice of locally and regionally grown foods.
The term shall also include the following as agricultural enterprises: '
A. "A9ritourism" means a business enterprise activity that includes operation af a
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 B. "Agricultural Entertainment" means any event or activity that allows for
recreation, entertainment, education and tourism in conjunction with
agriculture support.and services associated with agriculturaf activities: Tfie
agricultural enterfainment shall be permitted in conjunction with support of the
agriculture enterpr'ise. .
The following uses are allowed when ' directly related to, or in conjunction with, an
agricultural enterprise under a unified management or ownership:
1. Agricultural Crops and open.field growing;
2. Barns, Silos and related structures;
3. Catering Facilities that serve on-site visitors or uses agricultural products;
4. Commercial Retail Stores that support the agricultural enterprise;
5. Delicatessens, restaurants or sandwieh shops limited fo a seating area of 25
seats; - - 6. Drive-Through Espresso and/or Non Alcoholic Beverage Stands, Free
standing;
7. Education facilities providing courses related to agricultural'production and/or
processing or promotion of locally and regionally grown food;
8. Farmstands, for the sale of agricultural products raised on the prerriises in ;
addition to agricultural products that are raised off site; 9. Small Scale Food Processing or-packaging of agricultural producfs
10. Greenhouses, Private and Commercial;
11. Keeping of Jivestock, fowl and rabbits; provided, that there shall not be more
tfian one horse, cow; donkey or other large animal, or four srriall animals such
as sheep, or. 12 poultry, : rabbits, or similar size animals per each acre of
enclosed usable pasture or roaming area.
12. Museum and culfural facilities and civic displays
13. Outdooc Musical Entertainment (when it meets all requirements for the
business licensing of ACC 5.20.200);
14. Special Events - Special events include, but are not limited to, the following
activities where attendance exceeds 200 persons or more.
a) Weddings
DRAFT CODE AMENDEMENTS - 4/5711 Page 1
Enclosure 2: DRAFT b) Meetings
c) Receptions
d) Reunions
e) Wine tastings
_ fl Private Parties
g) Concerts held, within an enclosed building and thus are not subject to the
individuaf business licensing of ACC 5:20.200 for Outdoor musical
entertainment:-
` h) Retreats
15. Tourist and Visitor Senrices '
16: .Winery; and .
17. 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 sarne general character of the uses permitted within the
zone. Further guidance on administrative interpretations of land uses can be
found in ACC 18:02:120. .
18.04,827 "Special Events" means incidental use ofi a facility, which is otherwise
allowed or permitted in the zoning district, as a venue for hire for social gatherings.
Special events do not include marketing or promotional events that are part of the
normal operation of an_agriculfural enterprise or winery and directly related to products
sourced from that operation,
. . 18:04.894 "Tasting Room". means an establishment thaf _ allows customers to taste
samples of wine, beer. or other alcoholic beverage and has a State of Washington
. issueii liquor license as a tasting room. A tasting room may include wine, beer, or other
. .
alcoholic beverage and related items sales, marketing events, special events,
entertainment;, and/or food service. Establishments thafi are classified by the state
liquor board as bars, nightclubs, taverns or restaurants _ are not included in this
classification. -
18.04.911 "Winery" means a facility where fruit or other products a_re processed (i.e.
crushed, fermented, blended, aged. and/or, stored, bottled and may include as
incidental and/or accessory to the pr'inciples use, a tasting room, food. and beverage service; places of public/private assembly and/or retail sales area.. -
DRAFT CODE AMENDEMENTS - 4/5/11 Page 2
Enciosure 2: DRAFT
s
Chapter 18.07
RESIDENTIAL ZONES (NEW & EXISTING)
18.07.0101ntent
B. (RC) Residential Conservancy Zone - One Dwelling Unit per Four Acres: The RC residential
conservancy zone is intended primarily to provide for low-intensity single-family residential uses
with characteristics of an agricultural environment; provided, that appropriate scale commercial -
activity in support of agricultural uses may be allowed with appropriate environmental protection.
These areas allow for a lifestyle similar to that of rural areas that includes allowance of farm
animals and streets without sidewalks. This zone is intended to protect areas with significant
environmental constraints, or values from impacts typically assoc'iated with urban levels of
development while allowing low-intensity development designed to minimize impacts on fhe
natural environmental features designated for conservation. .
Public improvements required within the R-C zone will be less than is normally required for the
higher'intensity residentiat zones within the city.
This zone shall only be applied in areas designated as residential conservancy on the
comprehensive plan. This zohe shall allow one dwelling unit per four acres minimum tot area.
18.07.020 Uses
Table 18.07.020
- Permitted Use Table - Residential Zoning Designations -
P= Permitted A= Administrative C= Conditional Use X= Not Permitted _
. . Land Uses Zoning Designations
` R-C R=1 R-5 R=7 710 'R- R-
16 20
C. Resource Uses.
Acariculfural Entecorise:
When 50 percent, or more, of the total site area is
-
dedicated to active a4ricultural aroduction during the A8 X X X X X X
arowing.season:: and with 52 or less special events per
calendar vear.
- Vllhen less than 50 percent of the total site area is dedi¢ated to active aciricultural production durinq the CB X X X X X X
arowin4 season, or with more #han 52 special events per - - - - -
calendar vear:
F- I - I-F I I T.
8 AQricultural Entemrise uses are subiect to supplemental development standards under ACC 18:31.210
Aqricultural Development Standards. See definition of AQricultural Entemrise ACC 18.04.035 for allowed
uses.
DRAFT CODE AMENDEMENTS - 4/5111 Page 1
Enclosure 2: DRAFT
Chapter 18.31
SUPPLENiENTAL DEVELOPMENT STANDAFtDS
18.31:210 Agricultural Enterprises Developmenf Standards (NEW SECTION)
A. Purpose.
The purpose of this Chapter is to regulate the_ establishment and operation of
Agricultural Enterprises in order to maintain and preserve the lower density residential
character, integrity; environmental , protection, and property values of the Residential
Conservancy (RC) zoning disfrict in which they are located and the surrounding areas.
B. Applicability
The permit requirements and standards _ proVided, in this section apply to
Agricultural Enterprises where allowed in compliance with Chapter 18.07, Residential.
Zones and meeting the definition of Agricultural Enterprises as provided in ACC
18.04.035. Agricultural Enterpcises shall implement, the development standards of the
RC Zoning Disfrict,. under ACC 18.07.030, unless a diffecent.standard applies with the
supplemental development standards C., Development Standards
1. Minirnum Area. The minimum area devoted to an Agricultural Enterprise
business shall be a single parcel with a minimum of 10 acres in total site area
within the Residential Conservancy (RC) zone. Environmentally Critical A'reas
' are not:. counted toward total site area when , determining whether an
A,dministrative or Conditional Use Pecmit is required,
-2. Location. The proposed Agricultural Enterprise business shall have direct access
onto a Minor Arterial or higher classification street as determined by the Planning
Director and City Engineer.
3..1 Maximum Building Size. Each individual non-residential building, excluding
greenhouses, used in conjunction with the Agricultural Enterprise business shall
not exceed 5,000 square feet in gross floor area.
4. Coveraqe. The combination of multiple bLildings on a single site used in
conjunction. with the Agriculfural Enterprise business shall not exceetl 50,000
square feet in gross floor area and slialf not exceed the maximum allowed lot
coverage for the RC zo.ne. The maximum impervious area shall not exceed 40
percent.
5. Setbacks: Sfructures for Agricultural Enterprises shall be located as follows:
a. Front setback: 35 Feet
b. Rear Setback: 20 feet.
c. Interior Side Setback: 20 feet
DRAFT CODE AMENDEMENTS - 4/5/11 Page'1
Enclosure 2: DRAFT
d. Street Side Setback: 35 feet
6. Visual Impacf: Activities and uses conducted in conjunction with the Agricultural
Enterprise must be located in such. a manner that _visual impacts to adjoining
properties that are used or zoned for residential uses ate reduced or avoided.
a. A Type III Iandscape Buffer ten feet in width shall be provided on-site in
those areas between the buildings and the property line.
b. Highly reflective building materials shall not be used on buildings. _
7. Resqonsible Partv: All components of the agricultural enterprise shall be _
operated or mainfained _ by the property owner, lease holder, or occupant of the
. land upon.which the primary associated agriculture; horticulture, or ot_her use is
being conducted.
8. . Hours of operation. Business activities involving the employment of offsite
workers; oufside activities; the generation of any noise, IigFit, dust, odor, glare, or
vibration detectable : outside the business structure; and traffic, including
deliveries, shall only be conducted onsite between #he hours of 7 a.m. and 10
p.m. or as may be specifically approved by a condition of approval of the
Administrative or Conditional Use Permit.
9. ParkinQ and outdoor storaqe. All parking and , outdoor storage areas used
exclusively for retail areas, within 50 feet from a property line shall be screened
from adjoining properties used or- zoned for residential. uses. If existing
topography and natural vegetation does not provide an adequate visual barrier,
additional screening may be required, to include installation . of landscape
materials; walls or fencing: " - 10. Li htin . No lighting shall be directed onto adjoining properties used or zoned for
residential uses and not exceed 0.5 foot candle when.measured at the.property
line. Floodlights, or other higfi=intensity lighting shall be prohibited, unless '
specifically approved as part of a special event or outdoor musical entertainment.
11. Refuse and RecvclinQ. All refuse and recycling waste containers shall be within
refuse enclosures located in the rear of the building and~be complefely, screened
from public view: All refUse enclosures shall be architecfurally compatible with
the primary building. 12. Special events. Special events or similar activities may be held, as follows.
a.. Up to 52 special events within.a calendaryear with the Administrative Use
Permit.
b. 52 or more special events within a calendar . year shall require a
Conditional Use Permit.
DRAFT CODE AMENDEMENTS - 4/5/11 Page 2
Enclosure 2: DRAFT
c. Parking and Traffic Control - A parking and traffic control plan shall be
prepared by a licensed traffic engineer and required for all Agriculturai
Enterprises conducting Special Events (as defined by ACC 18.04.827).
The parking and traffic control plan shall be submitted for review as part of
the Administrative Use Permit or Conditional Use Permit application and if
satisfactory, must be approved by the Planning and Development Director
and the Public Works Director prior to implementation. At a minimum, the
parking and traffic control plan shall contain the following:
a. A parking plan showing how adequafe on- and off-site parking will be
- available to the land use, and that no substantial conflict will exist in
the principal hours or periods of peak parking demands of any land
; uses and special events which are proposed to share the parking;
b. A trafFc control plan showing how traffc to and from the land use and
special events location(s) will be handled and what temporary traffic
control rneasures will be used to facilitate safe access to and from the
locations. The traffic control plan must include a written description of
the plan as well as a traffic control diagram showing trafFc control
devices,' directions- of travel, and the location and type of authorized
personnel to direcf traffic. c. A Contingency Plan for weather changes (relocation or rescheduling
of events; alternative parking areas; rnethod of notifying the public of
. changes) and #or unanticipated increases in traffic or parking.
d. Other elements as determined necessary by the Planning and
Development Director and the City Engineer based on the specific
events, setting, and location.
13. Wineries. All wineries with.or without tasting rooms shall:
a. Have adequate driveway access to a public road meeting the
requirements of a commercial driveway.
b. Provide adequate on-site parking in the amount of 1 parking stall for every.
500 square feet of gross floor area used specifically for the winery.
c. Shall not exceed 5,000 square feet gross floor area with the tasting room
not exceeding 50 percent of the production area.
14. Siqns• The following standards apply to Agricultural Enterprise uses within the
RC, Residential Conservancy Zone instead of ACC 18.56.040(A). The other
provisions of ACC 18.56, Signs, remain unchanged.
a. Freestanding Signs.
~ ,~~Tota~ ~ber pe~n~t#ed~
.
9.~,~Two~~er fr~antag~ on ~a~ rcel<<hav~n .~:at~least~t500 _feet.: o#
~rontage on a State H ig hway 2 One ~"er~ftonta~~~n a~=Pnnci~ al ~of; Minor Ar~erial
ii. Maximum height:
1. 30 feet on a State Highway.
2. 22 feet on a Principal or Minor Arterial
DRAFT CODE AMENDEMENTS - 4/5/11 Page 3
Enclosure 2: DRAFT
.
iii. Maximum area:
1. 200 square feet, calculated- at a rate of one square foot,of
sign area for every two lineal feet of frontage. The minimum
entitlementfor freestanding signs: is.32 square feet forthose
sites without 64 feet of frontage. b. . Wall Signs.
i. Total number permitted: one sign per building frontage that ironts a
public right of way. •
ii. Maximum area: 100 square feet per building frontage that fronts a.
public right of way, calculated at a rate of one square foot of sign
area for every 1.5 lineal feet of building fronfage.
ni. Signs may be directly or indirectly illuminated .
c. Changing. message center signs are allowed as part of an Agricultural
Enterprise and must comply with the sign regulations in ACC
18.56.030(F):
15.Additional qermits and approvals. In addition to required land use permits, an agrieultural enterprise may be required to obtain licenses and permits ftom other
City and County Departments (e.g:, business,licenses from the City, food service
or sales licenses from the County Department of Public Health, animal care -
licenses ftom the County Department of Public Health, etc.).
DRAFT CODE AMENDEMENTS - 4/5/11 Page 4