Title
Consider/Discuss/Act on a Resolution Establishing what Zoning District(s) are Appropriate for a New and Unlisted Land Use, Community Garden
Summary
MEETING DATE: September 17, 2013
DEPARTMENT: Planning
CONTACT: Michael Quint, Director of Planning
RECOMMENDED CITY COUNCIL ACTION:
- Staff recommends that the new and unlisted use, Community Garden, be allowed as indicated below:
- A Community Garden shall be permitted by right in all zoning districts which includes every character district of the MTC - McKinney Town Center District.
- Community Garden shall mean an area with a lot size of less than three acres that is utilized for the cultivation of horticultural goods including but not limited to fruits, vegetables and herbs. Community gardens shall not include the retail sale or barter of any goods.
- The parking requirements for a Community Garden shall be one parking space for every 21,780 square feet (1/2 acre) of gardening area for gardens that are 21,780 square feet in area or larger; however, no parking shall be required for gardens with a gardening area of less than 21,780 square feet.
ITEM SUMMARY:
- Staff was recently approached by a City of McKinney resident who is proposing to establish a series of small community gardens in and around the City of McKinney, both in some residential and non-residential zoning districts. These community gardens will allow local residents and citizens to cultivate gardens that will be used to benefit the less fortunate residents of McKinney and Collin County. While attempting to ascertain whether or not the Zoning Ordinance would allow such a use to be operated within the City, Staff encountered a series of complications.
- The Zoning Ordinance's Schedule of Uses (Appendix F-4) does not include a community garden land use category. As such, Staff was forced to look for other existing land uses categories to determine if a close fit could be identified. The closest related land use categories in the Schedule of Uses are Agricultural and Ranching Uses, which is not permitted in every zoning district where the community gardens are proposed, and Farm, Orchard or Truck Garden, which has a minimum lot size requirement of three acres. Obviously, neither of these uses closely resembles the type of operation that is being proposed nor do they allow the specific type of operation that is desired thus the only remaining options would be to:
(1) Amend the Schedule of Uses to include a new land use or allow Agricultural and Ranching Uses in every zoning district, which would require a joint Planning and Zoning Commission and City Council meeting that, due to legal noticing and timing issues, would prohibit the establishment of these gardens this season (starting in early October);
(2) Amend the definition of Farm, Orchard or Truck Garden to remove the three acre minimum lot size which, due to legal noticing and timing issues, would prohibit the establishment of these gardens this season; or
(3) Go through the Zoning Ordinance's New and Unlisted Use process to establish where this new land use would be appropriate. This process is ideal because it has no legal noticing requirements and will still allow the gardens to open this season.
- The New and Unlisted Use process allows the City Council to establish via resolution where a new land use should be allowed in addition to establishing any specific regulations that should be applicable to the new land use category. As part of the next series of Zoning Ordinance amendments, Staff will incorporate the City Council's direction regarding this new land use and it will become formally codified.
- For reference, the New and Unlisted Use process was last utilized in February of 2012 to establish where Truck Stops should be permitted. It was also utilized in January of 2011 to establish where Indoor Gun Ranges should be located.
BACKGROUND INFORMATION:
- Prior to forming its recommendation, Staff reached out to our sister cities (Plano, Frisco and Allen) to see how community gardens are handled within those communities. None of our sister cities have regulations pertaining to community gardens so Staff was forced to research community gardens via publications from the American Planning Association, specifically with regard to parking requirements.
- After completing our research, Staff came to the conclusion that smaller community garden operations (less than three acres in size) should be allowed in all zoning districts including each character district of the MTC - McKinney Town Center District; parking should be provided for community gardens over one-half acre in size; and a specific definition of the new land use should be created to eliminate future confusion regarding what the new land use entails.
- Essentially, the new land use's definition was crafted to allow small gardens to be the primary use for a lot that is smaller than three acres in size. Gardens that are three acres or larger in size will be classified as a Farm, Orchard or Truck Garden. Neither this newly proposed land use nor any of the existing land use categories have any impact on private gardens in a resident's backyard. Small gardens are currently allowed and will still be allowed as an accessory use to any dwelling unit in any residential zoning district.
FINANCIAL SUMMARY:
BOARD OR COMMISSION RECOMMENDATION:
- At the August 27, 2013 meeting, the Planning and Zoning Commission unanimously voted to recommend approval of the item as recommended by Staff.