MOTION SHEET - Zoning text amendment allowing Community Gardens in the Open Space zoning district

MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO: City Council Members FROM: Nick Tarbet, Analyst DATE: September 24, 2013 RE: MOTION SHEET - Zoning text amendment allowing Community Gardens in the Open Space zoning district MOTION 1 I move that the Council close the public hearing and defer action to a future Council meeting. MOTION 2 I move that the Council continue the public hearing to a future Council meeting. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 WWW.COUNCIL.SLCGOV.COM TEL 801-535-7600 FAX 801-535-7651 KYLE LAMALFA DISTRICT 2 COUNCIL CHAIR JILL REMINGTON LOVE DISTRICT 5 COUNCIL VICE CHAIR CARLTON CHRISTENSEN DISTRICT 1 STAN PENFOLD DISTRICT 3 LUKE GARROTT DISTRICT 4 CHARLIE LUKE DISTRICT 6 SØREN SIMONSEN DISTRICT 7

COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO: City Council Members FROM: Nick Tarbet, Analyst DATE: September 24, 2013 RE: Zoning text amendment allowing Community Gardens in the Open Space zoning district PROJECT TIMELINE: Briefing: August 27, 2013 Set Date: September 3, 2013 Public Hearing: September 24, 2013 Potential Action: October 1, 2013 New Information During the August 27 briefing, some Council Members expressed concern that criteria for community gardens had not yet been adopted and wanted to consider holding off on this petition until that criteria is approved. Council Member Christensen suggested limiting the areas that can be used for gardens to the eight locations listed in the petition, until the criteria is developed. Initially, a resolution was proposed to limit community gardens to these eight areas. However, after discussing this proposal with the Attorney s Office, it was determined that it would be better to limit the garden areas through the ordinance. The Attorney s Office has provided the attached ordinance that includes an Intent to Revisit section that declares: The City Council intends to revisit whether community gardens should be allowed in other locations within the OS zoning district and do so within the scope of the planning commission s recommendation on this ordinance. This Intent to Revisit will allow the Council to amend this section, once the criteria has been developed and brought to the Council for consideration. The footnote limiting the areas that can be used for community gardens can be amended as the Council chooses. This could include completely deleting the footnote. (See table below) Residential: Use Community gardens (as defined in chapter 21A.62 of this title) Permitted And Conditional Uses RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU P 14 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 COUNCIL.SLCGOV.COM TEL 801-535-7600 FAX 801-535-7651 KYLE LAMALFA DISTRICT 2 COUNCIL CHAIR JILL REMINGTON LOVE DISTRICT 5 COUNCIL VICE CHAIR CARLTON CHRISTENSEN DISTRICT 1 STAN PENFOLD DISTRICT 3 LUKE GARROTT DISTRICT 4 CHARLIE LUKE DISTRICT 6 SØREN SIMONSEN DISTRICT 7

14. Community gardens are only allowed in the following locations: 1850 S. 700 E., Dilworth Elementary (1985 S. 2100 E.), Warm Springs Park (1020 N. Beck St), Stratford Park (2635 S. Preston St), 1700 S. 700 E., Cortez Water (North of the Capitol), 2850 S. Claybourne Avenue (1300 E. Eastside), and Popperton Park (360 N. 1400 E.), and are subject to the requirements in section 21A.34.130 Riparian Corridor Overlay District. If the Council wishes to include the proposed changes to the ordinance (which would limit community gardens to the eight locations listed in the petition, until the criteria has been developed) then the revised ordinance will be ready for adoption on October, 1, 2013. The following information was previously provided for the August 27 th briefing. It is provided again for background purposes. ISSUE AT-A-GLANCE A. The Council will receive a briefing regarding changes to the City s zoning regulations to allow community gardens as a permitted use in the Open Space OS zoning district. The proposed text change is not site specific and would apply citywide to properties zoned Open Space. Any community garden proposed along the Jordan River, City Creek, Red Butte Creek, Emigration Creek and Parleys Creek would be subject to the Riparian Corridor Overlay zoning regulations. B. The Parks, Natural Lands, Urban Forestry and Trails Advisory Board voted to recommend the proposed text amendment to the Council. 1. This transmittal was received in the Council office in May 2012. The Council requested feedback from the new Parks, Natural Lands, Trails, and Urban Forestry Advisory Board. 2. A letter from the Administration, dated Feb. 11, 2013, notes that the Board supports the proposed zoning change based on criteria that are to be drafted in the future. 3. Public Services staff clarified that the criteria relates to the Board s decisions and community processes for community garden applications and is separate from this zoning text change. The Board has been discussing how all of the competing needs will be met in park spaces. There will be a number of components including a future needs assessment and setting criteria to objectively evaluate the competing needs for a location. The Board was comfortable moving forward with the locations that have been identified and wanted to make sure that criteria would be developed in the long term. C. The Parks and Sustainability Divisions would administer applications and provide oversight of community gardens on city-owned property. The following 8 city-owned properties have been identified for potential use as a community garden. Applications for community gardens are on hold until final action on this proposal is considered by the Council. 1850 South 700 East Dilworth Elementary (1985 South 2100 East) Warm Springs Park (1020 No. Beck Street) Stratford Park (2635 So. Preston Street) 1700 South 700 East Cortez Water (North of the Capitol) 2850 So. Claybourne Avenue Popperton Park (360 No. 1400 East) POLICY QUESTIONS 1. What level of local support is there for the proposal and what feedback / comments were received through the public process? 2. What is the scope and status of the comprehensive open space project currently underway in the Planning Division? (This relates to the zoning amendment adopted by the Council for urban farms, community gardens, seasonal farm stands, and large renewable energy generation equipment. For more information, please see Additional & Background Information section below, paragraphs #2 and #3.) 3. What is the approximate timeline for the Board to establish the criteria to evaluate the competing needs on city-owned open space property? ADDITIONAL & BACKGROUND INFORMATION 1. A community garden is defined as an area of land managed and maintained by an identifiable group of community members used to grow and harvest food crops and/or non-food, ornamental crops, such as flowers, for personal or group use, consumption, donation, or sale, or for education purposes. Generally Page 2

operated as not-for-profit, limited sales and events may also occur on the site to fund the gardening activities and other charitable purposes. Private use of the private land (not intended to benefit the community at large) and horticultural activities by the City on city-owned land do not constitute community garden use. 2. On May 3, 2011, the Council adopted an ordinance changing the City s zoning regulations relating to urban farms, community gardens, seasonal farm stands, and large renewable energy generation equipment. As part of this action the Council: a. removed Community Gardens as a permitted use in the Open Space zone. b. requested the Administration address whether community gardens should be allowed in the Open Space Zone as part of the open space zoning reevaluation project currently underway in the Planning Division. c. requested a broad range of opportunities for community participation and input. d. reaffirmed there would be no expansion of community gardens or new community gardens along the Jordan River Corridor until the City s Jordan River Corridor study was completed. 3. The Planning staff reports notes: a. As proposed, community gardens would not be allowed in the Jordan River corridor and would be restricted in all other stream corridors by the requirements of the Riparian Corridor Overlay District RCO. b. Approval of an urban farm or community garden would be permitted as grading and planting of noninvasive plants in the Riparian Corridor Overlay District. c. This would provide interim protection to the River and stream corridors as well as provide City Parks an opportunity to build the proposed community gardens while the work on the open space definitions is being done. d. Individuals will be able to work more efficiently in community gardens and consume locally grown foods and products thereby lessening the need for imported foods and reducing the environmental impacts from transportation, air pollution etc. e. The proposed text amendment mirrors current trends in community sustainability, by providing alternatives for food production systems in locations that are currently under used or awaiting development. This amendment will update planning practices that create and maintain efficient infrastructure, foster close-knit neighborhoods, a sense of community, and preserve natural habitat. cc: David Everitt, Bianca Shreeve, Karen Hale, Art Raymond, Holly Hilton, Poonam Kumar, Margaret Plane, Lynn Pace, Paul Nielson, Boyd Ferguson, Rick Graham, Todd Reese, Emy Maloutas, Greg Davis, Alden Brienholt, Ann Ober, Vicki Bennett, Bridget Stuchly, Leslie Chan, Michael Akerlow, Nichol Bourdeaux, Ryan McFarland, Eric Shaw, Mary De La Mare-Schafer, Wilf Sommerkorn, Cheri Coffey, Joel Paterson, Nick Norris, Ray Milliner, City Council Liaisons, Mayors Liaisons File Location: Public Services, Parks & Open Lands, Zoning text amendment allowing community gardens in the OS Open Space Zoning District Page 3

SALT LAKE CITY ORDINANCE No. of 2013 (An ordinance amending section 21A.32.140 of the Salt Lake City Code concerning community gardens in the Open Space (OS) Zone) An ordinance amending section 21A.32.140 of the Salt Lake City Code pursuant to Petition No. PLNPCM2012-00032 to allow community gardens in open space zoning districts. WHEREAS, the Salt Lake City Planning Commission ( planning commission ) held a public hearing on April 11, 2012 to consider a request made by Salt Lake City Mayor Ralph Becker (Petition No. PLNPCM2012-00032) to amend section 21A.32.140 (Zoning: Special Purpose Districts: Table of Permitted and Conditional Uses for Special Purpose Districts) of the Salt Lake City Code to allow community gardens in open space zoning districts; and WHEREAS, at its April 11, 2012 hearing, the planning commission voted to transmit a positive recommendation to the Salt Lake City Council ( city council ) on said application; and WHEREAS, after a public hearing on this matter the city council has determined that adopting this ordinance is in the city s best interests. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending text of Salt Lake City Code section 21A.32.140 That section 21A.32.140 of the Salt Lake City Code (Zoning: Special Purpose Districts: Table of Permitted and Conditional Uses for Special Purpose Districts), shall be, and hereby is, amended in part to add Community gardens (as defined in chapter 21A.62 of this title) as a recognized subcategory in that table under the Residential use category, to add the appropriate designation of such use in certain zoning districts as conditional or permitted, and to add qualifying provision number 14 as those amendments are shown below. The codifier is instructed to only add the new

text identified herein to section 21A.32.140 and leave the remainder of that table undisturbed as part of this amendment. Residential: Use Community gardens (as defined in chapter 21A.62 of this title) Permitted And Conditional Uses RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH EI MU P 14 14. Community gardens are only allowed in the following locations: 1850 S. 700 E., Dilworth Elementary (1985 S. 2100 E.), Warm Springs Park (1020 N. Beck St), Stratford Park (2635 S. Preston St), 1700 S. 700 E., Cortez Water (North of the Capitol), 2850 S. Claybourne Avenue (1300 E. Eastside), and Popperton Park (360 N. 1400 E.), and are subject to the requirements in section 21A.34.130 Riparian Corridor Overlay District. SECTION 2. Intent to Revisit. The locations identified in Section 1 above as appropriate for community gardens in the OS zoning district are areas where the city council has determined that such use is appropriate without further study. The city council believes that community garden use may be appropriate in other locations within the OS zoning district, but believes that additional study and input from relevant city departments and advisory boards as to development of specific criteria for allowing such use in additional areas of the OS zoning district will allow for better policy implementation. To that end, the city council intends to revisit whether community gardens should be allowed in other locations within the OS zoning district and do so within the scope of the planning commission s recommendation on this ordinance. SECTION 3. Effective Date. This ordinance shall become effective on the date of its first publication.

Passed by the City Council of Salt Lake City, Utah, this day of, 2013. CHAIRPERSON ATTEST AND COUNTERSIGN: CITY RECORDER Transmitted to Mayor on. Mayor's Action: Approved. Vetoed. MAYOR CITY RECORDER (SEAL) Bill No. of 2013. Published:. APPROVED AS TO FORM Salt Lake City Attorney s Office Date: By: Paul C. Nielson, Senior City Attorney HB_ATTY-#23289-v4-Ordinance_permitting_community_gardens_in_OS.DOCX

ATTEST AND COUNTERSIGN: CITY RECORDER Transmitted to Mayor on. Mayor's Action: Approved. Vetoed. MAYOR CITY RECORDER (SEAL) Bill No. of 2013. Published:. HB_ATTY-#23289-v3-Ordinance_permitting_community_gardens_in_OS.DOCX

N GARFIELD AVE 700 E RAMONA AVE 7th E 18th S Legend Potential CG TBD Addresses Feet 0 25 50 100

N HOLLYWOOD AVE 2100 E REDONDO AVE Dilworth Legend Potential CG TBD Addresses Feet 0 25 50 100 2200 E

N VICTORY RD BECK ST Warm Springs Legend Potential CG TBD Addresses Feet 0 25 50 100 300 W

N STRATFORD DR PRESTON ST 2000 E CRYSTAL AVE Stratford Park Legend Potential CG TBD Addresses Feet 0 25 50 100

N 1700 S 700 E 7th E 17th S Legend Potential CG TBD Addresses Feet 0 25 50 100

N BONNEVILLE BLVD CANYON RD ZANE AVE CORTEZ ST EAST CAPITOL BLVD 500 N Legend Cortez Potential CG TBD Addresses Feet 0 25 50 100 EAST CAPITOL BLVD CANYON RD

N POPPERTON PARK WAY Popperton Park Legend Potential CG TBD Addresses Feet 0 10 20 40

ALDEN 1300 E [ 2700 S 2700 S 1300 E Legend RICHMOND Potential CG TBD 0 25 50 100 Feet