Memorandum

City of Lawrence

Planning and Development Services

TO:	Thomas M. Markus, City Manager
CC:	Scott McCullough, Director
FROM:	Mary Miller, Planner
DATE:	April 5, 2016
RE:	TA-15-00346, Urban Agriculture Text Amendment

This memo discusses responds to questions regarding the Urban Agriculture Text Amendment which David Reynolds provided to several commissioners in an email following an article in the Lawrence Journal World. The email is attached with this memo.

David Reynolds’ questions are listed below in bold italics and staff’s discussion follows. Possible changes to the Code are shown in red.

1. Who will manage and take timely action with unkept yards and recalcitrant urban farmers? What would be the schedule for rectifying neighborhood sanitation issues?

Development Services is the branch of the Planning and Development Services Division that enforces the City Code. Noncompliance with the Urban Agriculture Standards and with the Property Maintenance Code in relation to Urban Agriculture uses would be processed in the same manner as other noncompliance matters with the City Code.

In addition to the standards in the Property Maintenance Code, the following standards are included in the Development Code for Animal Agriculture, Small:

“Any coop, shelter, or enclosure shall be maintained in a clean and sanitary fashion to prevent the unreasonable accumulation of waste or other noxious substances, the emanation of noxious odors, or the presence of vermin.”

(Proposed Section 20-547(1)(i)(b))

“The site shall be maintained in accordance with the adopted City Property maintenance Code. At a minimum, the property shall be maintained in a clean and sanitary fashion to prevent the unreasonable accumulation of waste or other noxious substances, the emanation of noxious odors, or the presence of vermin.” (Proposed Section 20-547(1)(iii))

The following standards are included for Crop Agriculture:

“The site shall be designed and maintained so as to prevent the free flow of stormwater, irrigation water, chemicals, dirt, or mud across or onto adjacent lots, properties, public streets, sidewalks, or alleys.”

(Proposed Section 20-548(3)(i))

“The site shall be kept free of debris or high grass or weeds, taller than 12 inches. (Crop Agriculture plants are not considered weeds as defined in Section 18-302(f) of the City code and are exempt from the weed provisions in Section 18-304 of the City Code.)” (Proposed Section 20-548(3)(ii))

2. Farm animals attract predators: Stray dogs, fox, & coyotes (all seen in the western subdivisions as we move into their habitat). Rodents are also attracted to poultry pens & feed areas due to the feed is in the open & on the ground.

As noted in the response to Question 1, the shelter and enclosure are required to be maintained in a sanitary fashion to prevent the presence of vermin. The proposed language also requires that:

“The facilities used to house the animals shall be of adequate design to keep the animal confined and reasonably safe from predators, and provide enough shelter and room to provide humane conditions as defined in Section 3-102 of the City Code.”

(Proposed Section 20-547(1)(c))

3. How will allowing neighborhood retail sales of urban farming products be compatible with &/or change existing ordinances regarding businesses in neighborhoods?

Question 3 is answered with Question 4.

4. Why allow retail sales in a quiet neighborhood? Why not restrict these sales to “Daily Farmers Markets at churches, commercial parking lots, schools, designated city parks or city owned sites throughout the city versus residential neighborhoods?

The On-Site Agricultural Sales are geared toward the personal garden that has an occasional surplus. In these cases, the amount of product available for sale may not warrant the cost of joining a Farmers Market. Staff proposed various options for the on-site sales use to accommodate the use while maintaining compatibility with the surrounding land uses. Some of the options considered and provided to the Planning Commission required altering the Type B Home Occupation Standards or the Temporary Use Permit Standards. After discussing the use and the possible impacts on nearby land uses, the Planning Commission recommended that standards be established for the On-Site Agricultural Sales use and that the size of the sales area be based on the size of the property. The Commission felt that this would provide a good starting point and noted that if the on-site sales were occurring in larger numbers and intensity than anticipated, the Code could be revised based on the observed characteristics of the use.

It is expected that the standards will result in low intensity sales areas that will be compatible with the surrounding residential uses.

5. What kind of sales displays will be allowed on Residential lots? A “road side shack” type display, or garage sale tables like a farmers market, or something restricted to inside the garage, or maybe just garage sale clutter displays? What condition/standard level must the displays be maintained? Something that at a minimum, doesn’t diminish the value of the neighborhood?

The draft language lists the following standards for the on-site sales (Proposed Section 20-550):

1) Only unprocessed items (such as eggs, honey, or fresh produce or horticultural products) may be sold.

2) Items are limited to those grown or produced on the premises (or on another premise maintained by the owner or operator of the sales premise.)

3) Sales may occur between 8AM and 8PM.

4) Exterior display of product is permitted during sale hours.

5) Any stands used for the display or sale of products shall be located a minimum of 20 ft from the roadway.

6) Any stands used for the display or sale of products shall be temporary and shall be removed and stored when sales are not in progress.

7) The sales area may include a retail sales area (stand and/or display area) as noted below:

a. Up to 100 sq ft permitted for lots up to 7,000 sq ft in area.

b. Up to 150 sq ft permitted for lots up to 10,000 sq ft in area.

c. Up to 300 sq ft permitted for lots over 10,000 sq ft in area.

8) Signage permitted with the on-site sales must be temporary—displayed during sales hours.

9) The sign must be unilluminated, can advertise only food or horticultural products, and may not exceed 2 sq ft in area.

10) The sign may be placed flat on a wall or door or displayed in a window. If free-standing the sign cannot be more than 3 ft in height.

These standards limit the size of the retail sales/display area and the signage as well as the hours of operation. This should be adequate to insure compatibility with the neighborhood.

6. Will these new businesses be required to be licensed, especially due to health concerns? These are different from existing farmers that already know how to handle such issues.

Only non-processed items are permitted to be sold as On-Site Agricultural Sales. (Proposed Section 20-550(1)(i)) Processed items, such as salsa, jams, etc. would continue to be allowed in the residential districts as a Home Occupation if the Home Occupation standards are met. The processing facility would be regulated by The Kansas Department of Agriculture who licenses and regulates Food Establishments in Kansas.

7. How will allowing retail sales produce & meats from residences be managed & inspected? The best situation may be to not allow the sale of meats & fish of any type.

The on-site sales will not be licensed. The products that are allowed to be sold are limited to unprocessed items (such as eggs, honey, or fresh produce or horticultural plants). Slaughter and butchering is permitted only for personal use. Additional language could be added to the list of items that are permitted to be sold to clarify that meat products are not permitted, if the Commission determines that would be appropriate:

“Only unprocessed items: eggs, honey, or whole, uncut (except as necessary for harvesting), fresh produce and/or horticultural products may be donated, sold on-site, or distributed through Community Supported Agriculture (CSA) pick-ups On-Site Agricultural Sales.” Proposed Section 20-550(1)(i)“

a. Meat products are not permitted as part of On-Site Agricultural Sales.

(the language in red could be added to Section 20-550(1)(i), if needed, for clarity.)

8. What about signage, in yards, along streets, subdivision entrances, etc?

The signage regulations are similar to those permitted with Home Occupations: the size of the sign and the prohibition of illumination, and the possible location on the house. The difference in the signage regulations is that while a Home Occupation sign has to be within 10 ft of the house, an On-Site Agricultural Sales sign can be anywhere on the lot, but may not be within 20 ft of the roadway. This separation will prevent interference with visibility on the road. Off-site signs are not permitted. In addition, the On-Site Agricultural Sales sign is temporary and may only be displayed when sales are in process, while Home Occupation signage may be permanent. The following signage information is found in Section 20-550(1)(vi) of the draft language:

“(vi) One temporary, unilluminated sign advertising only food or horticultural products may be displayed during sales.

a. The sign must be located a minimum of 20 ft from the curb or roadway or it may be placed flat on a wall or door or displayed in a window.

b. The sign face may not exceed 2 sq ft in area and the sign may not be more than 3 ft in height (unless building mounted).”

9. How will increased traffic be addressed, especially as it relates to children playing within the neighborhoods?

The on-site sales should not generate a significant amount of additional traffic. It is expected that many of the customers will be members of the neighborhood that walk or bike to the sales area. However, if the intensity of the on-site sales is greater than anticipated, additional standards may be applied (as noted in the response to Question 4).

10. How & where will the animals be kept? Who manages their wellbeing? What are the allowable esthetics of the chicken coops & goat barns? Will the coops & housing facilities for the animals be required to be hidden from neighbors view? What kind of condition will they be required to be maintained?

The draft language provides requirements for the location of the structures housing the small agricultural animals. Chickens and ducks have been permitted in the city since 2012 and no changes are proposed to the standards for their coops. The locational requirements for the structures are listed below. The regulations require that they be maintained in a clean and sanitary fashion to prevent the unreasonable accumulation of waste or other noxious substances, the emanation of noxious odors, or the presence of vermin. The structures are also subject to the City Property Maintenance Code.

The facilities used to house the animals shall be of adequate design to keep the animal confined and reasonably safe from predators, and provide enough shelter and room to provide humane conditions as defined in Section 3-102 of the City Code.”

(Proposed Section 20-550(1)(i)” Sections 20-547(1)(i)(b) and (c))

The coops or other housing is not required to be hidden from view from neighbors but there are setback requirements which vary with the type of animal:

· Chicken coops may not be located within 5 ft of any property line.

· A structure for housing goats or sheep may not be located within 50 ft from any off-site dwelling, shall be in the rear yard and a minimum of 15 ft from adjacent properties.

These standards are intended to provide separation between the urban agricultural animal use and the nearby residential uses.

11. What row crops will be allowed? How tall can they grow? How or will the size of crop plots be limited versus yard size?

Crop Agriculture is currently permitted in the city with no standards. ‘Crops’ includes fruits and vegetables grown in gardens, nut and fruit trees, horticultural plants such as irises, roses, etc. A crop could also refer to row crops such as wheat or soybeans, and these would be subject to the standards that are being proposed for all crop agriculture plants.

This text amendment will apply standards to the Crop Agriculture use to clarify that crops in the right-of-way are allowed, but on a temporary basis. They may need to be removed if improvements are made in the right-of-way. Crops may be no more than 3 ft high within 8 ft of the roadway (or between the sidewalk and the road if a sidewalk is present), to provide for visibility. Crops may not be planted within 1 ft on either side of the sidewalk or be allowed to grow over the sidewalk. Crops may not grow over 3 ft tall within the sight triangle at intersections. These standards will set limits on the crop agriculture that is permitted in these areas to maintain the public health, safety, and welfare. These standards are found in Section 20-548 of the proposed language.

12. The insurance industry has a category called “Attractive Nuisances”. These items increase the risk of injury or disease. I believe we all understand how a child is attracted to a small animal.

Chickens particularly are disease carriers as follows:

Chicken droppings like pigeon droppings are considered a health hazard.

Salmonella and Campylobacter are common public health hazards potentially associated with chicken contact. These bacteria are carried by healthy chickens and are communicable to people through direct contact, exposure to manure, or consumption of undercooked chicken and eggs.

Histoplasmosis can cause a respiratory disease with cough and shortness of breath. The fungal organism causing this disease is present throughout the Midwest but can be concentrated in areas with quantities of bird droppings. Persons acquire the disease by inhalation of the organism from the environment.

Chickens and ducks have been permitted in the city since 2012. No diseases related to the fowl have been reported to Development Services.

Staff contacted Dr. Paul Grosdidier, State Veterinarian, with the Kansas Department of Agriculture for advice on small animal urban agriculture while drafting the amendment. (Large animal agriculture has always been permitted in the city but it is limited to the RS40 District or to agricultural land that has been annexed but not developed.) Dr. Grosdidier recommended that goats and sheep be vaccinated against rabies and leptospirosis but did not recommend any measures for the other diseases. As a result of this and other inquiries into zoonotic diseases that have been raised following the publication of the article in the paper, staff is researching other communities to see what precautions they’ve taken, what impacts they’ve found, and contacted the health department for their view on these diseases.

To allow time for these parties to respond, additional information related to the possibility of zoonotic diseases will be provided in a separate memo prior to the City Commission meeting.

13. What about sanitation? Animal droppings can be full of diseases. Will the city require frequent cleaning of the chicken coops & goat barns to control manure runoff? Who inspects to ensure this is happening? These types of animals destroy turf. What is to keep the chicken & goat dung from running onto neighbors lots or into drains & waterways? In dry weather droppings & manure break down and can become airborne, this also makes them more susceptible to run off.

Many subdivisions have waterways or retention ponds on them and they can be contaminated by run off from adjacent sites. These ponds can become contaminated with phosphorus, and algae blooms. The pond in Oregon Trail is a city park which collects the surface run off from the subdivision.

To alleviate the concern with runoff from properties with animal agriculture, the provision prohibiting drainage from crop agriculture to adjacent properties could be added to the Animal Agriculture general standards:

In response to this question, staff contacted other communities to learn how they enforce sanitation and requested information from the Lawrence-Douglas County Health Department. Additional information will be provided to the Commission regarding sanitation prior to the City Commission meeting.

14. How will the waste products of the slaughter of the livestock be disposed? Will there be special locations for disposal? Or do we just allow the blood, bones, feathers, fur/skin & entrails to be thrown in the trash or go down the sink disposal? How long can these be maintained on site before bacteria, odors, etc become concerns? This is a concern even if the meat is only for family consumption.

Butchering is currently permitted in the city, but slaughtering (the killing of the animals) is not permitted. Many hunters bring their harvest back to their property to clean and process. Staff contacted the health department to see if they had any concerns with the standards being proposed for on-site slaughtering and butchering. The health department preferred that slaughtering and butchering not be required to occur indoors. Waste disposal would occur in compliance with City Solid Waste requirements.

15. We are allowing neighborhood “Micro Grocery Stores”. Who oversees the sanitation and federal meat quality standards with these retails stores? As that is what they are. There is a reason health & quality standards exist. Is the city going to accept responsibility for health issues related or will there be unregulated sales of meat products?

As noted earlier, meat and processed products are not permitted as part of On-Site Agricultural Sales. Citizens of Lawrence currently have the capability of processing and selling foods from their homes as a Home Occupation. If customers come to the home or if the use involves an non-resident employee, the use would need to be registered with the City as a Type B Home Occupation. The Kansas Department of Agriculture regulates commercial kitchens and would regulate these processing facilities. These processing uses are not permitted as On-Site Agricultural Sales.

Summary

The letter asked many valid questions regarding Urban Agriculture. This memo notes how they have been addressed in the draft language and Staff will look further into the questions regarding zoonotic diseases and sanitation related to urban agriculture animals and will provide additional information prior to the City Commission meeting.