ACTION REQUESTED:
Title
Communication from the City Manager and Director of Community Development with a Request to Concur with the Planning & Zoning Commission and Staff to ADOPT an ORDINANCE Amending Appendix A, the Unified Development Code, Relating to COMMUNITY GARDENS and URBAN FARMS.
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BACKGROUND:
The City of Peoria has been partnering with community organizations on community garden and urban farm opportunities. As such, the City has identified the need to simplify the community garden regulations, particularly related to garden and fence placement.
Further, some community gardens involve multiple parcels, and in some instances are more than 1 acre in size, which has caused the need to develop separate ‘urban farm’ regulations for larger garden sites, and the need for a public hearing on residential properties, as an urban farm use is a significant change from single-family residential structures.
The Planning & Zoning Commission found that the request met the Findings of Fact and voted 4 to 0 to APPROVE the text amendment as proposed.
Following the Planning and Zoning Commission meeting, City staff met with a representative of University of Illinois Extension and six Master Gardeners, who are involved with community gardens in Peoria, to obtain feedback on the proposed text amendment. Their suggestions related to fence material (allowance of chain link), end of season maintenance, compost container, and hoop house size and height were incorporated into the attached ordinance.
The following provides a summary of the proposed changes:
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Unified Development Code Current Requirement |
Unified Development Code Section |
Proposed Change |
Justification |
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1. Community gardens are currently limited to less than 2 acres. |
Appendix A, Section 5.3.2.G.1.b. |
Limit the size to less than 1 acre. |
Community gardens of less than 1 acre in size, would continue to be allowed with adherence to performance standards and no approval required. Once the garden is 1 acre or greater, it would require approval and would require a special use in residential districts, to provide the opportunity for public input. |
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2. Planting area and accessory structures must meet the applicable district setback requirements. |
Appendix A, Section 5.3.2.G.1.c. |
No setback would be required for the planting area, associated fence, or raised garden beds less than 3 feet in height; garden and associated structures shall not obstruct visibility from a driveway to an abutting street or vice versa. |
The current requirement to meet district setbacks is too restrictive, particularly on smaller lots, which in some instances makes it impossible to even have a garden. |
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3. Accessory structures must meet district setbacks. |
Appendix A, Section 5.3.2.G.1.d. |
The setback requirement for an accessory structure in a rear yard (1.5 feet from side and 1.5 feet from rear), shall be applied if placed behind the principal structure on adjacent lots. Changes were also made to increase the allowable size of accessory structures. |
This provides a reduced setback and allows for additional area for planting. It also aligns with where an accessory structure could be placed if a house was on the property. |
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4. Fences shall not exceed 4' in height and may be placed on the property line, shall be 50% open in design, and shall meet the same required setbacks as the planting area. |
Appendix A, Section 5.3.2.G.1.e. |
Fences can be on the property line on all four sides of the site, up to 4 feet in height, and an openness requirement would no longer apply. Wire fences would be prohibited but other materials would be permitted. |
This will allow for open or solid fences and additional area for planting. |
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5. At the end of each growing season annual vegetation shall be cut down to a height of not more than 6 inches above ground level. |
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Garden would need to be properly maintained at the end of the season. |
This would allow for perennial plants to remain and allow for the use of cover crops. |
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6. There are currently not separate regulations for urban farms. |
Appendix A, Sections 5.3.2.G.2. |
Gardens greater than 1 acre, but less than 10 acres, in size would be considered an urban farm, which would be a special use in residential districts and a permitted use in C-N, C-G, I-1, I-2 and I-3, within the Heart of Peoria area. |
This will allow for a public process for gardens on residential parcels, 1 acre or more in size. |
FINANCIAL IMPACT: N/A
NEIGHBORHOOD CONCERNS (at the Planning and Zoning Commission): A concerned citizen, questioned the placement of a fence without a survey of the property.
IMPACT IF APPROVED:
IMPACT IF DENIED: The code will remain unchanged.
ALTERNATIVES: N/A
EEO CERTIFICATION NUMBER: N/A
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Beautiful Peoria
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Reinvest in neighborhoods.
2. Support sustainability.
DEPARTMENT: Community Development