MUP Planning Law: Commercial Garden Zoning Amendment Ordinance

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COMMERCIAL GARDEN ZONING AMENDMENT CITY OF COLLEGE STATION

ORDINANCE NO. 2017-3864

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CHAPTER 12 OF ITS CODE OF ORDINANCES; PROVIDING FOR COMMERCIAL GARDENS, UNDER 5 ACRE, IN COLLEGE STATION, ADDING DEFINITIONS, AND AMENDING THE TABLE OF USES AND THE FOOTNOTES TO THE TABLE OF USES TO ALLOW SMALL-SCALE ENTREPRENEURAL GARDENING AS PRINCIPAL OR ACCESSORY USE WITHIN THE URBAN AREA.

WHEREAS, the City of College Station is committed to increasing access to fresh, locally grown, wholesome foods for all residents; and, WHEREAS, there is existing provision for commercial gardening in few limited land use zones of College Station, and, WHEREAS, state and national policies are encouraging gardeners to produce and sell fresh foods within the city centres; and, WHEREAS, there is local interest in additional community gardens and small commercial farms within convenient access; and, WHEREAS, growing local food diminishes both the need for fossil fuels in transporting food from far away and the use of harmful preservatives that are a part of large scale food production operations (Somerville 2012); and, WHEREAS, urban agriculture at a community scale provides an invaluable opportunity for everyone to learn about nutrition and where food comes from; and, WHEREAS, new technologies for growing food, including indoor growing technologies such as aquaponics and hydroponics offer new entrepreneurial opportunities, partnerships and research; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:

Part 1: That Section 6.3.C. of Chapter 12, titled “Use Regulations” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes.

Part 2: That Section 6.4. of Chapter 12, titled “Specific Use Standards” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as set out in Exhibit “B” attached hereto and made a part of this Ordinance for all purposes.

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Part 3: That if any provisions of any section of this Ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this Ordinance, which shall remain in full force and effect.

Part 4: That any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanour and upon conviction thereof shall be punishable by a fine of not less than Twenty-Five Dollars ($25.00) or more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective not less than ten (10) days after its date of passage by the City Council, as provided by Article 10 of the Unified Development Ordinance of the City of College Station.

Part 5: This Ordinance takes effect on May 16th, 2017.

PASSED, ADOPTED and APPROVED this 2nd day of May, 2017.

ATTEST: __________________________ City Secretary

APPROVED: __________________________ City Attorney

Ordinance No. 2017-3864 – URBAN GARDENING ORDINANCE

APPROVED: __________________________ Mayor

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EXHIBIT “A” City Code Section 12-6.3. C. (Use Table) is hereby amended to reflect the following: COMMERCIAL, OFFICE, AND RETAIL ‘Commercial Garden/Greenhouse/Landscape Maint.- Under 5 acre’ is Permitted Use with Specific Use Standards (P*) in the following base districts: MU (Mixed-Use); P-MUD (Planned Districts, Planned Mixed Use Districts); PDD (Planned Districts, Planned Development District); CU (College and University); C-3 (Light Commercial); R&D (Research & Development).

‘Commercial Garden/Greenhouse/Landscape Maint.- Under 5 acre’ is allowed with a Conditional Use Permit (CUP) in the following base districts: MF (Residential Zoning Districts, Multi Family); MU (Residential Zoning Districts, Mixed-Use); MHP (Residential Zoning Districts, Manufactured Home Park); R-4 (Retired Districts, Multi Family); R-6 (Retired Districts, High Density Multi Family); O (Office).

EXHIBIT “B” City Code Section 12-6.4. (Specific Use Standards) is hereby amended to reflect the following: D.1 Commercial Garden/Greenhouse/Landscape Maint. - Under 5 acre

1. General These requirements apply to all commercial gardens as defined in this Ordinance. The requirements are crafted after considering the adverse effects that commercial gardening may have on properties and people in its immediate vicinity and beyond.

2. Applicable Commercial Garden Uses a. COMMUNITY GARDEN is the use of a site for growing or harvesting food crops or ornamental crops on an agriculture basis, by a group of individuals for personal or group use, consumption or donation. ((TX) 2013). A community garden is typically run not-for-profit and therefore considered non-commercial, however, shall be regulated under this ordinance due to the allowable similarity of lot sizes, resource investments, and impact of activities as those of a for-profit garden. b. INDOOR CROP PRODUCTION is the use of a site for the raising and harvesting indoors of tree crops, row crops, or field crops on an agricultural or commercial basis, including packaging and processing. ((TX) 2013) Ordinance No. 2017-3864 – URBAN GARDENING ORDINANCE

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c. MARKET GARDEN is the use of a site for small-scale production of organic produce to be sold for profit at a store, stand, farmers market, or restaurants ((TX) 2013). Market gardens are encouraged to work through Community Supported Agriculture Programs (CSAs). d. TRUCK GARDEN is the use of a site for large-scale production of horticultural products to be sold for profit to local and distant markets.

3. Requirements/Specific Standards a. General Lot Size and Use Regulations 1. A commercial garden site permitted under this Section can be a single parcel or multiple contiguous parcels but never exceed five (5) acres in total size. Any garden site that exceeds one (1) acre of total size shall be regulated as per ‘Conditional Use’ requirements under this Ordinance.

2. Raising, slaughtering, processing of any type of farm animals, and bees are prohibited activities, unless provisioned under the ‘Conditional Use’ regulations. b. Commercial Gardens can either be principal use or accessary use within the base zoning district, given that at least one permanent building pertaining to the base zoning is present on the site. c.

Soil and Water Regulations 3. Prior to establishment, commercial gardeners shall inquire into historical use of their sites and undertake soil testing for nutrients and any contaminants. The soil testing results and any proposed remediation shall be provided to and filed by the City’s Planning and Development Services Department.

4. As per Section 11-2, D(2) Rates for water service, (i) all sites with gardening as accessory use shall pay at the rate of ‘(b) Residential usage charge’; (ii) all sites under one acre with gardening as principle use shall pay at the rate of ‘(b) Residential usage charge’ up to the maximum limit of 20,000 gallons of water, and shall pay at the rate ‘(d) Commercial irrigation usage charge’ for above 20,000 gallons usage; (iii) all sites above one acre with gardening as principle use shall pay at the rate of ‘(d) Commercial irrigation usage charge’.

5. Rain Barrels – All rain harvesting structures shall be maintained weathertight to prevent contamination and insect breeding.

d. Lot Size, Setback, Height, Site Coverage and Design Regulations 1. Crop areas must be set back at least 3 feet from all property lines.

The required setback must be covered with ground cover plants Ordinance No. 2017-3864 – URBAN GARDENING ORDINANCE

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or mulch. 20 feet structure height restrictions in case of vertical farming.

2. The site shall be designed and maintained to prevent water from irrigation and/or other activities and/or fertilizer from draining onto adjacent property.

3. Outdoor storage and display of unpackaged or bulk materials, including but not limited to topsoil, manure, and aggregate materials, shall be screened and located at least three (3) feet away from an existing residential use. e.

Accessory Structures and Greenhouses 1. Greenhouses and other accessory structures (like tool sheds, rest rooms, garages), not occupying more than fifteen percent (15%) of site area, shall not exceed (15) feet in height, but may extend within any side or rear yard up to but not closer than three (3) feet from the side or rear lot line.

2. Greenhouses or Indoor Crop Production facilities occupying more than fifteen percent (15%) of site area shall be permitted subject to state and local building codes and regulations.

3. Arbors, hoop houses, cold frames or other similar temporary structures shall be allowed as accessory structures subject to the building code and subject to the following: (i) they may extend within any front yard up to but not closer than one (1) foot from the lot line; (ii) they shall not exceed a maximum height of six and one-half (6 ½ ) feet; (iii) the cover shall be removed and stored when plants are not being cultivated.

4. Composting 1. Ingredients permitted for composting are: leaves, grass clippings, garden plant, fruit and vegetable matter, nitrogenous based chemicals or fertilizers, soil, herbivore manure, lime and water.

Composting of any animal products or animal parts is prohibited.

2. Composting shall be conducted in only compost pits in a manner that controls odour, prevents infestation and minimizes run-off into waterways and onto adjacent properties.

3. Compost pits must be clearly labelled with information pertaining to the type of material to be collected within the pit.

4. Compost pits shall be shielded from view from adjoining properties by shrubbery or other enclosure, and shall be no closer than twelve (12) feet from any principal adjoining residential structure on or off the lot.

5. A permit for selling compost is required and costs $5.00.

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5. Retail Sales 1. On-Site sale of products from these uses are allowed subject to the following provisions: (i) Sale of products shall be permitted not more than three (3) days per week and not more than twenty-five (25) days per

year; (ii) No sales display or structure shall be located on public sidewalk, street, or block vehicle and pedestrian flow; (iii) Signage shall be limited to one (1) sign not exceeding six (6) square feet, and all signage, sales display structures must be stored out of sight while not in use; (iv) Proof of annual soil testing must be posted during all sales of produce. (Somerville 2012) 2. Foods prepared and packaged in private homes, using products of

a commercial garden permitted under this ordinance, are allowed to be sold when goods are processed and sold consistent with a valid cottage food permit.

d. Signage, Screening and Aesthetic Standards.

1. A non-electrified permanent sign is permitted that: (i) is not more than four (4) square feet in size; and (ii) is not more than four (4) feet above grade. ((TX) 2013) 2. The residential character of the lot and dwelling must be maintained.

6. Conditional Use A Conditional Use Permit (CUP) issued by the Department of Planning is required to maintain a commercial farm within the zones as indicated by the hereby amended Use Table.

All commercial gardens more than one acre in size must also apply for a conditional use permit (CUP) as outlined in Section 12-6.4.X.3, Permit table Locations, under the procedures set forth in Section 12-3.16, Conditional Use Permit. A site design and management plan must be provided to the City towards obtaining a CUP. In addition to the standard guidelines, the following additional factors shall be considered by the Planning and Zoning Commission when determining whether to grant a CUP for the commercial gardens: a. Economic impact on adjacent and nearby properties. b. Sustainable water access and use strategies. c.

Design of the garden site, with particular reference to design characteristics that have the effect of reducing or eliminating odour and visual dis-harmony with the base zoning district character.

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All the information submitted as part of the site design and management plan.

e.

Commercial gardens more than 1 acre in size are permitted to raise farm animals, fish, and bees on site. Slaughtering or processing of animals, except fish, is not permitted under this Ordinance. Fish farming and aquaponic systems are permitted.

f.

Commercial gardens more than 1 acre in size are permitted on the sites indicated/mapped by the City for such use. Map of the Permitted Locations for Commercial Gardens more than one acre in total size,

by Conditional Use:

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7. Application Procedure An application for administrative approval or a Conditional Use Permit for a commercial garden shall include the following items (in addition to the site plan and other information required for a standard CUP application): a. An inventory of the specific location, activities, uses, proposed for the commercial garden. b. Site plan drawn to scale clearly indicating site design of the proposed garden, setbacks, location and size of accessory structures, compost pits, access, parking, fences, and landscaped areas. c.

At least one visual reference indicating the visual character of the site as viewed from surrounding properties and adjoining streets.

8. Abandonment Any commercial garden that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such facility shall remove all the belongings within sixty (60) days of receipt of notice from the City notifying owner of such abandonment. If such facility is not removed within said sixty (60) days, the City may remove such facility at the property owner's expense. If there are two (2) or more users of a single commercial garden, then this provision shall not become effective until all users cease operations on the commercial garden.

WORKS CITED (TX), Austin. 2013. "Urban Farm Ordinance." In, edited by The City of Austin The City Council. Austin: City of Austin.

Somerville. 2012. "Urban Agriculture Zoning Amendment, ORDINANCE NO. 2012-06." In, edited by MA City of Somerville.

Ordinance No. 2017-3864 – URBAN GARDENING ORDINANCE