This item had its first reading on April 5, 2016. The City Council held a work session on this ordinance and the companion ordinance, amending the Comprehensive Plan, on May 3, 2016.
In order to implement the proposed addition of the urban agriculture land use in the multiple Future Land Use Categories (pending companion Ordinance #2016-2074), the Land Development Code also needs to be amended to establish urban agriculture as a permitted use in the applicable zoning districts and to provide development standards to limit potential negative impacts on adjacent properties. Urban agriculture can provide health, social, economic and environmental benefits, by providing access to nutritious, locally-grown food, opportunities for community and social involvement, a wider range of economic opportunities and can contribute to decreased stormwater runoff and increased urban biodiversity.
The proposed ordinance amends the Code to allow urban agriculture as a use in the R-1, R-2, R-3, MF-10, MF-14, MF-30, C-1, C-2, Highway Commercial, Office, Downtown, Light Industrial, Government and Residential/Office zoning districts. The Planned Development District and Residential/Office/Retail zoning districts will allow urban agriculture as a permitted use without having been amended; their permitted uses are those established for other zoning districts. No parcels in the City are zoned Public/Semi-Public; municipal facilities, parks and public schools are zoned Government. The Mobile Home Park zoning district was determined to be inappropriate for urban agriculture use, due to its development characteristics. Urban agriculture is proposed to be defined in the Code with the same definition proposed to be included in the Comprehensive Plan: “(a)gricultural activity, including the cultivation, processing and distribution of plants and other food products. This use may include horticulture, indoor crop production (including aeroponic, aquaponic or hydroponic systems) and wholesale and/or retail sales. The raising and processing of livestock is prohibited.” Staff concluded that prohibiting the keeping of livestock was appropriate, as such activity could become a nuisance due to the relatively small size of City lots.
The City amended the Land Development Code in February 2013 to allow community gardens. The primary difference between a community garden and urban agriculture is that a community garden is a recreational, not-for-profit land use, whereas urban agriculture is a commercial, for-profit land use (refer to attached table).
Wholesale and/or retail sales activity is proposed to be primarily limited to the non-residential zoning districts that allow wholesale or retail sales activity, including the C-1, C-2, Highway Commercial, Downtown and Light Industrial zoning districts, although limited sales will be allowed in the residential zoning districts through the Code’s garage sale permit process. The community gardens regulations in the Code also allow garage sales in residential districts. The garage sale regulations allow one garage sale on a site within a six-month period. A garage sale permit expires 72 hours after it is issued. Indoor crop production, which includes aeroponic systems, aquaponic systems and hydroponic systems, will only be allowed in the Light Industrial zoning district, due to concerns about the visual and physical impacts of the buildings that would house these systems and ancillary activities.
The amendments include development standards intended to minimize negative impacts to adjacent properties by addressing potential visual, noise and environmental impacts. The development standards address property maintenance, equipment and material storage, chemical use, machinery and equipment operation, accessory uses, parking and trash. The proposed ordinance states that all urban agriculture uses will be subject to an application and registration process to be administered by the City’s Environment Committee and renewed on an annual basis.
The Land Development Review Board reviewed the ordinance at its March 17, 2016 meeting. The Board discussed potential revisions, including adding the word "on-site" to describe the sales activity that is prohibited in some zoning districts and to delete the word "large" describing power tools, which are otherwise described as "hand-held." These revisions appear in the ordinance provided to the City Council. The Board's motion to approve the ordinance, amended to prohibit urban agriculture in front yards, failed.
The proposed new language is shown with underlining and deleted language is shown with strikethrough.
Compatibility with Comprehensive Plan:
The proposal is consistent with the following Comprehensive Plan goals, objectives and policies:
- CON Goal 1 - Conserve, protect, manage and restore the City’s natural resources to promote a sustainable environment that supports a healthy population.
- CON Objective 1.3 - Protect the quality and quantity of surface waters and groundwater.
- FLU Goal 1 - To promote compatible land uses which will maximize, enhance and preserve New Port Richey’s unique and attractive characteristics in a manner consistent with the economic, physical, ecological and social needs, capabilities and desires of the community.
- FLU Policy 1.10.5 - The Land Development Code shall include provisions which addresses and limits activities with the potential to contaminate water, soil or air.
- LIV Objective 1.4 - Reduce consumption of non-renewable resources and minimize waste and pollution in order to promote a more healthy, productive and sustainable community.
- LIV Policy 1.4.6 - Minimize the amount of sites dedicated to impervious surfaces.