CITY OF GALESBURG Community Development Memo Operating Under Council Manager Government Since 1957

Transcription

1 CITY OF GALESBURG Community Development Memo Operating Under Council Manager Government Since 1957 TO: FROM: Planning and Zoning Commission Members Roy A. Parkin, Director of Community Development DATE: Wednesday, September 11, 2013 SUBJECT: Planning and Zoning Commission Meeting A meeting of the Galesburg Planning and Zoning Commission has been scheduled for Tuesday, September 17, 2013, at 7:00 p.m. in the City Council Chambers of the Galesburg City Hall. A G E N D A Approve Update Receive Minutes of the August 20, 2013, meeting. Past Planning and Zoning Commission items. General citizen comments. PZ Public Hearing Application for a variance of Section (8) of the Development Ordinance to allow the construction of a structure for Century Link equipment with a rear yard setback of 10 feet instead of the required 25 feet setback at 1265 Grand Avenue. PZ Public Hearing Proposed amendments to various sections of the Development Ordinance to allow aquaponic farming, hydroponic farming, urban farming and rooftop farming in specified zoning districts. COMMISSION MEMBERS: PLEASE NOTIFY ME IF YOU ARE UNABLE TO ATTEND AT cc: Mayor Aldermen (7) Bill Morris, Video Media City Manager Rick Riner, Buildings & Grounds City Clerk News Media (7) City Engineer File Copy City Attorney Public Information Officer Fire Chief Associate Planners Building Inspector Page 1 of 1

2 MINUTES OF GALESBURG PLANNING AND ZONING COMMISSION MEETING HELD ON TUESDAY, AUGUST 20, 2013, IN THE CITY COUNCIL CHAMBERS OF THE GALESBURG CITY HALL AT 7:00 P.M. Call to order by Chairman Spittell. Roll Call: Arlie Adams, Judy Guenseth, Bill Johnson, Tammy Lufkin, Leigh Nygard, Richard Sinnott, John Spittell, 7. Absent were Gred Davis, Dominic Michael, 2. Also present were Roy Parkin and Matthew Carlson. Chairman declared quorum present. The first item on the agenda was the consideration of the minutes of the July 23, 2013, Planning and Zoning Commission meeting. Member Johnson moved, seconded by Member Guenseth, to approve the minutes of the July 23, 2013, Planning and Zoning Commission meeting as written. The motion carried unanimously upon voice vote. Next on the agenda was an update of past Planning and Zoning Commission items by Roy Parkin as follows: 1. The ordinance rezoning the property located at 150 East Simmons Street from I, institutional, to B-3, central business, was approved by the City Council. 2. The City Council approved the site plan for Phase XXXVIII of the Hawthorne Centre Comprehensive Planned Development District (1849 North Seminary Street). 3. The amendment to the future land use map of the 1999 Comprehensive Plan for the North Seminary Street Business District area was approved by the City Council. The next item on the agenda was receipt of general citizen comments. No comments were received. Next on the agenda was a public hearing on an ordinance amending Section (D) of the Development Ordinance to allow machinery of metal, metal fabrication and welding as permitted commercial uses in the Comprehensive Planned Development (CPD) zoning district. Member Guenseth moved, seconded by Member Adams, to recommend the CPDD regulations be revised to 1) establish separate lists of permissive uses for the Hawthorne Centre and Sandburg Mall CPD zoning districts; 2) prohibit foundry or forging type activities and 3) the uses of machining of metal, metal fabrication and welding be added to the permissive commercial uses for the Hawthorne Centre CPD zoning district. Page 1 of 2

3 Roll Call #1: Ayes: Members Adams, Guenseth, Johnson, Lufkin, Nygard and Spittell. Nays: Member Sinnott. Abstentions: None. Chairman declared the motion carried. The Commission members directed the Community Development Department to bring back information regarding better defining noise levels for the three new uses. The final item on the agenda was the consideration of an excused absence for Member Nygard from the meeting. Member Nygard had called in his absence in advance. Member Johnson moved, seconded by Member Guenseth, to approve an excused absence from the meeting for Member Nygard. This motion carried upon voice vote. There being no further business, the meeting adjourned at 7:47 p.m. Roy A. Parkin Executive Secretary Page 2 of 2

4 CITY OF GALESBURG Community Development Memo Operating Under Council Manager Government Since 1957 TO: FROM: Planning and Zoning Commission Members Roy A. Parkin, Director of Community Development DATE: Thursday, September 12, 2013 SUBJECT: Agenda Item PZ Attached is a copy of the variance application received from Century Link regarding the property at 1265 Grand Avenue. The applicant is requesting a rear yard variance of 15 feet (i.e. reduce rear yard setback from 25 feet to 10 feet). This request exceeds the maximum 30% request. However, Century Link needs to install another Digital Loop Carrier and Cross Connect Box like they did on South Chambers Street. This will provide improved service to Century Link s customers. This project was initiated due to the upcoming East Main Street grade separation project when the cables on East Main Street will be vacated. Century Link has looked at various locations and has not been able to negotiate any other site that works for them. The Planning and Zoning Commission would have to approve a waiver of the 30% requirement for this project due to special circumstances. The Development Review Committee members reviewed the variance request during their meeting. The Committee members voted to recommend approval of the variance and waiver of the 30% maximum setback requirement. In making this recommendation the Committee considered the following items: 1. Century Link needs to install a Digital Loop Carrier unit and a Cross Connect Box within the southeast area of the community. 2. The project was initiated due to the upcoming East Main Street underpass project, which will require Century Link to vacate their cables and fiber that are currently located on East Main Street. 3. Century Link has contacted various property owners in the area and has been unable to secure an easement other than the rear yard of 1265 Grand Avenue. 4. There is not sufficient depth in the rear yard of this property to provide a 25 foot yard setback, which is required due to the fact the adjacent lot to the north is zoned R2, twofamily residential. 5. The proposed location does provide a good site location of the equipment, since the equipment is setback off of the right-of-way line to the east and the building provides screening of the equipment. 6. The property adjacent to the north is currently a vacant lot and thus there is minimal impact upon the neighboring property. 7. The 30% maximum setback requirement cannot be met. However, due to the special circumstances previously mentioned, it is appropriate to waive this requirement for this variance request. Page 1 of 1

5

6

7

8 CITY OF GALESBURG Community Development Department Operating Under Council-Manager Government Since Grand Ave Location map Feet / MULBERRY ST ") GRAND AVE LOCUST ST «164 « City of Galesburg General Location S WHITESBORO ST 150 HAYNOR ST Legend 1265 Grand Ave The information included in this map is intended to be advisory only and is NOT designed or intended to be used as a substitute for an accurate field survey, as performed by a Registered Land Surveyor, to determine precise property location Imagery Date: 2010 Division 306 created: August 23, 2013

9

10

11

12

13

14

15 CITY OF GALESBURG Community Development Memo Operating Under Council Manager Government Since 1957 TO: FROM: Planning and Zoning Commission Members Roy A. Parkin, Director of Community Development DATE: Thursday, September 12, 2013 SUBJECT: Agenda Item PZ Joyce Harris contacted the City earlier regarding her interest in possibly developing a commercial roof garden on the roof of a building in Galesburg and/or developing a building to house a commercial urban farming where fruits, vegetables and other plant products could be grown, packaged and sold. Currently the City s Development Ordinance does not have a designated use where this type of activity could occur other than in the M2, heavy industrial zoning district. Ms. Harris indicated she was looking at various commercially zoned properties as possible locations for her operation. She requested the City consider allowing this urban/rooftop farming in other zoning districts. As a result of this request, I had Steve Gugliotta research how other communities are handling these newer uses. Mr. Gugliotta looked through numerous municipal ordinances, articles and a Planning Advisory Service (PAS) report from the American Planning Association. What he found is there is a vast difference in how communities handle this emerging trend. A majority of places focus on treating urban farming as a part of their broad definition of agriculture. In larger municipalities it is a way for them to use their vacant land in underutilized locations where they enter into short term lease agreements with established not-for-profit organizations. These not-for-profits are either run as a business, a way to educate and train unemployed in the area or a combination of both. Mr. Guglotta researched a variety of locations; but Chicago and Milwaukee have been involved in this area for some time. The following briefly addresses both Chicago and Milwaukee. City of Chicago The City of Chicago focuses on providing space for community members to grow plants for beautification, education, recreation, community distribution and personal use. Sites are managed by public or civic entities, nonprofit organizations or other community-based organizations that are responsible for maintenance and operations. Processing and storage of plants or plant products are prohibited on site. Gardening tools and supplies may be stored within an accessory building in compliance with their code. Chicago defines an urban garden as, Growing, washing, packaging and storage of fruits, vegetables and other plant products for wholesale or retail sales. They have three different categories for urban farms. 1) Indoor Operation. All allowed activities must be conducted within completely enclosed buildings. Typical operations include greenhouses, vertical farming, hydroponic systems and aquaponic systems. Page 1 of 4

16 CITY OF GALESBURG Community Development Memo Operating Under Council Manager Government Since ) Outdoor Operation. Allowed activities are conducted in unenclosed areas or partially enclosed structures. May include indoor operations in conjunction with outdoor operations. Typical operations include growing beds, growing fields, hoophouses and orchards. 3) Rooftop Operation. All allowed activities occur on the roof of a principal building as a principal use or accessory use. Typical operations include growing beds and growing trays. In Chicago, all three above categories are allowed as permissive in some Business, all Commercial, some Downtown, all Manufacturing and all Special Purpose (Parks, Open Space) districts. City of Milwaukee The City of Milwaukee does not use the term urban agriculture, but it does include a permissive agricultural use category that allows plant nurseries or greenhouses and raising of crops or livestock. In all of their Residential Districts both agricultural uses are permitted. In commercial and institutional districts, both agricultural uses are special uses requiring a permit. In park districts, plant nurseries or green houses are limited uses, but raising crops or livestock is permitted. Milwaukee has not begun an urban agriculture initiative on its own, but it is home to some prominent urban agriculture groups. Milwaukee Urban Gardens is a non-profit land trust that acquires land for community gardens and provides educational and community support for urban gardeners. In ten years, Milwaukee Urban Gardens has established 19 community gardens, many of which are on land leased by the city. Milwaukee is also home to Growing Power (founded by former professional basketball player Will Allen in 1995), which runs a two acre farm within the city limits, maintains 14 green houses that provides food to over 10,000 residents and works with other community groups to support urban agriculture to increase access to fresh food for low income residents. Milwaukee does work with community agricultural groups through its Seasonal Plot Permit Program. This program makes three year leases of underutilized vacant land, which provides community gardens with secure tenure on city-owned land. Galesburg Based upon the researched performed Mr. Gugliotta developed the attached ordinance for the commission s consideration. Mr. Gugliotta has the following comments regarding the drafting of this ordinance. Galesburg already allows Agriculture as a permissive use in the AG, ER and R-1A Districts. As a way to differentiate this from the new uses (Aquaponic, Hydroponic, Rooftop and Urban Farming), I have added these uses in the AG district. I did not specify they had to be indoors as I did with the other Districts since we already allow traditional agriculture in the AG District. At this time I did not include the new uses in the ER or R- 1A Districts as there are residential uses also allowed in these districts. If we are to Page 2 of 4

17 CITY OF GALESBURG Community Development Memo Operating Under Council Manager Government Since 1957 include them I would suggest requiring them to be indoors and possibly make them conditional or special uses and limit the size of the operation. Other communities I have reviewed consider Aquaponic, Hydroponic, Rooftop and Urban Farming as part of their definition of Agriculture and allow such uses within hoophouses and greenhouses. Since Galesburg already has High Tunnel (hoophouse) provisions, I did not expand the use of hoophouses to allow them in zoning districts that would now allow (as currently proposed in the draft ordinance) the Aquaponic, Hydroponic, Rooftop and Urban Farming uses. In other than the AG District, the draft ordinance requires these uses to be indoors, other than the rooftop gardens. Rooftop garden structures would be limited by the zoning district height allowance and also any structure would have to meet the requirements of the International Building Code for wind and snow loads. There are very little comparable ordinances that deal with allowing Aquaponic, Hydroponic and Urban Farming in enclosed buildings. Ultimately, there may not be many specific requirement anyway. Since they are indoors they would be subject to our adopted building and fire codes, the Illinois Accessibility Codes, Sanitary District requirements and the Knox County Health Department regulations. A new Section was added to make it clear that Rooftop Agriculture will still be subject to these codes and require a licensed design professional determine if the roof can handle the weight of the units. The proposed ordinance would do the following: 1. Defines aquaponic farming, hydroponic farming, urban farming and rooftop farming. 2. Allows aquaponic farming as a permissive use in the AG (agriculture) zoning district, as a permissive indoor use in the M1 (light industrial) zoning district and as a permissive indoor use in the CPD (comprehensive planned development) zoning district. 3. Allows hydroponic farming as a permissive use in the AG zoning district, as an indoor permissive use in the M1 zoning district and as an indoor permissive use in the CPD zoning district. 4. Allows urban farming as a permissive use in the AG zoning district, as an indoor permissive use in the I (institutional) zoning district, as an indoor conditional use (up to 5,000 square feet) in the B1 (neighborhood business) zoning district, as an indoor permissive use in the B2 (general business) zoning district, as an indoor conditional use (up to 5,000 square feet) in the B3 (central business) zoning district, as an indoor permissive use in the M1 zoning district and as an indoor permissive use in the CPD zoning district. 5. Allows rooftop farming as a permissive use in the AG zoning district, as a permissive use in the B2 zoning district, as a conditional use (up to 5,000 square feet) in the B3 zoning district, as a permissive use in the M1 zoning district and as a permissive use in the CPD zoning district. Page 3 of 4

18 CITY OF GALESBURG Community Development Memo Operating Under Council Manager Government Since Establishes regulations requiring an Illinois licensed structured engineer or architect determine the structural integrity of a roof to assure the rooftop farming could be properly supported. 7. Establishes parking requirements for the four types of farming at 0.66 of one parking space per employee on peak shift plus one space per 500 square feet of gross floor area open to the public. Page 4 of 4

19 ORDINANCE NO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, ILLINOIS, AS FOLLOWS: SECTION ONE: That Section of Title XV of the Galesburg Code of Ordinances be, and the same is hereby amended, by adding thereto the following: Farming, Aquaponic. Growing or culturing food fish, shellfish or other marine foods, aquatic plants, or aquatic animals in fresh or salt waters, in which the waste products from fish are used to fertilize hydroponically growing plants under controlled conditions for education, donation, wholesale and retail sales. Farming, Hydroponic. A method of growing plants without soil, using mineral nutrient solutions or water, or an inert medium such as perlite, gravel, or mineral wool for education, donation, wholesale and retail sales. Farming, Urban. Growing, washing, packaging and storage of fruits, vegetables and other plant products for education, donation, wholesale and retail sales. Farming, Rooftop. Growing, washing and storage of fruits, vegetables and other plant products on a principal building as a principal use or accessory use for education, donation, wholesale and retail sales. Typical operations include growing beds and growing trays. SECTION TWO: That Section (B) of Title XV of the Galesburg Code of Ordinances be, and the same is hereby amended, by adding thereto the following in alphabetical order: Farming, Aquaponic Farming, Hydroponic Farming, Urban Farming, Rooftop SECTION THREE: That Section (B) of Title XV of the Galesburg Code of Ordinances be, and the same is hereby amended, by adding thereto the following in alphabetical order: Farming, Urban (indoor) Prepared by SJG Page 1 of 3

20 SECTION FOUR: That Section (C) (2) of Title XV of the Galesburg Code of Ordinances be, and the same is hereby amended, by adding thereto the following in alphabetical order: Farming, Urban (indoor) SECTION FIVE: That Sections (B) of Title XV of the Galesburg Code of Ordinances be, and the same is hereby amended, by adding thereto the following in alphabetical order: Farming, Urban (indoor) Farming, Rooftop SECTION SIX: That Sections (C) of Title XV of the Galesburg Code of Ordinances be, and the same is hereby amended, by adding thereto the following in alphabetical order: Farming, Urban (indoor, up to 5,000 sq ft) Farming, Rooftop (up to 5,000 sq ft) SECTION SEVEN: That Section (B) of Title XV of the Galesburg Code of Ordinances be, and the same is hereby amended, by adding thereto the following in alphabetical order: Farming, Aquaponic (indoor) Farming, Hydroponic (indoor) Farming, Urban (indoor) Farming, Rooftop SECTION EIGHT: That Section (D) of Title XV of the Galesburg Code of Ordinances be, and the same is hereby amended, by adding thereto the following in alphabetical order to the list of permissive uses in the Sandburg Mall Comprehensive Planned Development District and also in the list of commercial permissive uses in the Hawthorne Centre Comprehensive Planned Development District: Farming, Aquaponic (indoor) Farming, Hydroponic (indoor) Farming, Urban (indoor) Farming, Rooftop SECTION NINE: That Title XV of the Galesburg Code of Ordinances be, and the same is hereby amended, by adding thereto the following section: Farming, Rooftop. Prepared by SJG Page 2 of 3

21 (A) The use of rooftops for farming will be considered occupied space and subject to local, state and federal construction and fire codes. (B) An Illinois licensed Structural Engineer or Architect will be required to investigate the structural integrity of the roof and estimate existing loading capacity. SECTION TEN: That Table (B) (3) of Title XV of the Galesburg Code of Ordinances be, and the same is hereby amended, by adding thereto the following under Manufacturing and Wholesale Uses in alphabetical order: Farming, Aquaponic Farming, Hydroponic Farming, Urban Farming, Rooftop 0.66 of one parking space per employee on peak shift, plus 1 space per 500 SF of GFA open to public 1 loading space per 25,000 SF up to 50,000 SF, plus 1 for the next 50,000 SF then 1 per 100,000 SF thereafter SECTION ELEVEN: All ordinances or parts of ordinances, in conflict with this ordinance are, to the extent of such conflict, hereby repealed. SECTION TWELVE: This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Approved this day of, 20, by a roll call vote as follows: Roll Call #: Ayes: Nays: Absent: John Pritchard, Mayor ATTEST: Kelli R. Bennewitz, City Clerk Prepared by SJG Page 3 of 3

22