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CITY PLANNING COMMISSION

TO: HONORABLE CITY COUNCIL

FROM: CITY PLANNING COMMISSION DATE: SEPTEMBER 30, 2019

SUBJECT: REPORT AND RECOMMENDATION OF THE CITY PLANNING COMMISSION

Ladies and Gentlemen:

Attached hereto are: 1) Report and Recommendation of the City Planning Commission from its meeting of Tuesday, September 10, 2019 and 2) Documents filed in relation to the zoning petition. The recommendation of the Commission is described briefly below: Zoning Docket # 079/19

Applicant: City Council Motion M-19-237

Request: Text amendments to the Comprehensive Zoning Ordinance that will incorporate recommendations and initiatives contained in the 2018 “Small Box Retail Diversity Study” including but not limited to:

 Establish and/or revise definitions of Home Processed Food Products and Agriculture.

 Define and or update applicable use standards for Agriculture, Food Preparation, Processing, and Packaging, and Retail Sales. Location: The proposed text amendment would affect regulations that are

applied city-wide. CPC Deadline: 10/12/19

CC Deadline: 60 days from receipt Councilmembers: All

Recommendation: APPROVAL REASONS FOR RECOMMENDATION

1. The request would support urban agriculture and promote fresh food produce outlets within walking distance of residents, thus meeting goals of the Health and Human Services Chapter of the Master Plan.

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thus meeting goals of the Health and Human Services Chapter and Land Use Chapter of the Master Plan.

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CITY PLANNING COMMISSION

CITY OF NEW ORLEANS

LATOYA CANTRELL ROBERT D. RIVERS

MAYOR EXECUTIVE DIRECTOR

LESLIE T. ALLEY DEPUTY DIRECTOR

City Planning Commission Staff Report Executive Summary

Zoning Docket 079/19

Applicant: City CouncilMotion M-19-237

Request: This is a request to consider text amendments to the Comprehensive Zoning Ordinance that will incorporate recommendations and initiatives contained in the 2018 “Small Box Retail Diversity Study” including but not limited to:

• Establish and/or revise definitions of Home Processed Food Products and Agriculture.

• Define and or update applicable use standards for Agriculture, Food Preparation, Processing, and Packaging, and Retail Sales.

Location: The proposed text amendment would affect regulations that are applied city-wide. Summary of Proposal:

The City Council motion addresses the issue associated with the lack of access to healthy food particularly in New Orleans East. The Small Box Retail Diversity Study initiated by the City Council in 2018 lays out several strategies that are aimed at encouraging healthy food access in underserved communities. The proposed text amendment is a response to one of these strategies, which is to loosen agriculture requirements within the city. With the increase of urban food deserts in many part of the USA and the world, urban agriculture is providing a way to complement urban food needs, and to achieve food security and improved nutrition. Due to the limited access that parts of the city have to fresh, healthy food, staff has examined methods to limit the barriers involved in selling fresh food at agriculture uses on residentially zoned lots. Proposed revisions include changing the definition of Agriculture in Article 26 of the CZO and its use standards in Article 20 so as to allow farm stand sales and home food processing for agriculture uses. It also proposes to create a definition for home processed food products that ensure these

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products are low-risk foods only and do not include animal products. Further, the proposed text amendments include revisions to the agriculture use standards in Article 20 of the CZO that would allow accessory structures associated with agriculture uses to be permitted on lots without a principal structure.

The proposed amendments directly address public health goals of the Master Plan. It would support urban agriculture, community gardens, the production of locally grown food, and remove zoning barriers to the distribution of fresh food. This would particularly help to enhance public health and welfare in areas of the city that do not have easy access to healthy food.

Master Plan: The text amendment is consistent with the Master Plan. Recommendation:

The staff recommends APPROVAL of Zoning Docket 079/19. Reasons for Recommendation:

1. The request would support urban agriculture and promote fresh food produce outlets within walking distance of residents, thus meeting goals of the Health and Human Services Chapter of the Master Plan.

2. The request would reduce zoning barriers to processing and distribution of fresh local food products, facilitate healthy food access for citizens and improve public health, thus meeting goals of the Health and Human Services Chapter and Land Use Chapter of the Master Plan.

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City Planning Commission Meeting CPC Deadline: 10/12/19

Tuesday, September 10, 2019 CC Deadline: 60 days from receipt Council Districts: All

STAFF REPORT

______________________________________________________________________________ Zoning Docket: 079/19

To: City Planning Commission

From: Robert Rivers, Executive Director Paul Cramer, Planning Administrator Prepared by: Sabine Lebailleux Date: September 11, 2019

I. GENERAL INFORMATION

Applicant: City Council Motion M-19-237

Request: This is a request to consider text amendments to the Comprehensive Zoning Ordinance that will incorporate recommendations and initiatives contained in the 2018 “Small Box Retail Diversity Study” including but not limited to:

• Establish and/or revise definitions of Home Processed Food Products and Agriculture.

• Define and or update applicable use standards for Agriculture, Food Preparation, Processing, and Packaging, and Retail Sales.

Location: The proposed text amendment would affect regulations that are applied city-wide. Why is City Planning Commission action required?

The City Planning Commission is required to make a recommendation on all amendments to the text of the Comprehensive Zoning Ordinance prior to City Council action, in accordance with Article 4, Section 4.2.D.3 Action by City Planning Commission of the Comprehensive Zoning Ordinance.

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II. ANALYSIS

A. What is the reason for the text amendment? What area would be affected by the text amendment?

Reason for text amendment

The reason for the proposed text amendment is to amend Article 26 – Definitions to add a definition of Home Processed Food Products, and change the existing definition of Agriculture. The text amendment would also amend Article 20 – Use Standards to update the use standards for the agriculture use, which includes updates of the bulk and yard regulations, food preparation, processing, packaging, and retail sales for agriculture uses. The proposed amendments are in response to a desire from the City Council to address the limited access that parts of the city have to fresh, healthy food. The Small Box Retail Diversity Study, which was completed in 2018, was conducted in order to address the rapid expansion of small box discount stores citywide, but particularly in the East, which created a disproportionate number of these stores compared to other retail options – most notably full-line grocery stores, which are a source of fresh food. At the time of the study, two grocery stores and 12 small box discount stores operated in New Orleans East. In exploring possible regulations that could assist in providing more fresh food, staff found that some of the existing land use regulations in the Comprehensive Zoning Ordinance pertaining to agriculture uses constituted a barrier in selling fresh food in the city.

Current regulations prevent sales associated with an agricultural use not located in an Open Space, Rural Development, or non-residential districts despite the fact that agriculture is permitted or conditional in many residential districts, including the historic core, historic urban, and suburban residential districts.

Further, there is a discrepancy in Section 21.6.A, which prohibits detached accessory structures from being constructed prior to construction of the principal building to which it is accessory. As agricultural uses typically rely on “accessory” structures such as sheds and chicken coops and do not typically require a traditional principal structure, this section could negatively impact agricultural uses.

Finally, there are ambiguities in the agriculture use standards about what type of food preparation, processing and packaging is allowed as part of the agricultural use.

Affected area

The text amendment would revise definitions and agriculture use standards that would apply to all zoning district throughout the city.

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B. What is the existing language of the Comprehensive Zoning Ordinance? Article 26 – Definitions states:

Agriculture. Land on which crops are grown and/or livestock are raised for sale, commercial use, personal food production, donation, or educational purposes.

Article 20, Section 20.3.C – Agriculture Use Standards states: […]

20.3.C.1 – Additional Bulk & Yard Regulations

All structures and other improvements are subject to the bulk and yard regulations of the district, except as provided below:

a. There are no yard requirements for the planting of crops.

b. All structures used for the keeping of livestock shall be located a minimum of twenty-five (25) feet from any lot line. This does not apply to apiaries, chicken coops, pigeon coops, and aquaponic structures, which shall meet the accessory structure requirements of Section 21.6.

[...]

Article 20.3.C.3 – Food Preparation, Processing, and Packaging

a. No food or other products of any plants or livestock may be prepared, processed, or packaged in any residential district, except in the R-RE District. However, the canning of plants or plant products is permitted as part of any agricultural use. b. Food may be prepared, processed, or packaged at an agricultural use located in any

non-residential district in which food processing is a permitted use.

c. In any zoning district in which food processing is classified as a conditional use, a property owner may apply for a conditional use to permit the preparation, processing, or packaging of food or other products of any plants or livestock raised on the agricultural use.

[…]

Article 20.3.C.6 – Retail Sales

Retail sales for an agricultural use are permitted at farm stands within the Open Space Districts, Rural Development Districts, and any non-residential district, subject to the following standards:

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b. Retail sales are limited to the following:

i. Crops grown and/or livestock raised on the farm where the farm stand is located.

ii. Other unprocessed food products, or home processed food products such as jams, jellies, pickles, sauces, or baked goods created on the farm where the farm stand is located.

C. What is the proposed language for amendment?

The motion proposes to incorporate the recommendations contained in the 2018 “Small Box Retail Diversity Study”. These recommendations include amending the definition of “Agriculture”, establishing a definition of “Home-Processed Food Products”, and amending several use standards of agriculture uses, as follows.The proposed language is shown below with new language shown in underlined, bold text and deleted language in strikethrough text.

Article 26 - Definitions

Agriculture. Land on which crops are grown and/or livestock are raised for sale, commercial use, personal food production, donation, or educational purposes. Retail sales and home food processing are permitted for all agriculture uses, subject to Section 20.3.C.

***

Home Processed Food Products. “Low-risk foods” in accordance with LA Rev Stat § 40:4.9. Home processed food products do not include animal products.

*** Article 20, Section 20.3.C – Agriculture 20.3.C.1 – Additional Bulk & Yard Regulations

All structures and other improvements are subject to the bulk and yard regulations of the district, except as provided below:

a.There are no yard requirements for the planting of crops.

b. All structures used for the keeping of livestock shall be located a minimum of twenty-five (25) feet from any lot line. This does not apply to apiaries, chicken coops, pigeon coops, and aquaponic structures, which shall meet the accessory structure requirements of Section 21.6.

c.Accessory structures associated with agricultural uses are permitted on lots without a principal structure.

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[...]

***

Article 20.3.C.3 – Food Preparation, Processing, and Packaging

a. No food or other products of any plants or livestock may be prepared, processed, or packaged in any residential district, except in the R-RE District. However, the canning of plants or plant products Home food processing is permitted as part of any agricultural use.

b. Food may be prepared, processed, or packaged at an agricultural use located in any non-residential zoning district in which food processing is a permitted use, or in any zoning district where food processing is a conditional use, upon approval. c. In any zoning district in which food processing is classified as a conditional use, a

property owner may apply for a conditional use to permit the preparation, processing, or packaging of food or other products of any plants or livestock raised on the agricultural use.

[…]

***

Article 20.3.C.6 – Retail Sales

Retail sales for an agricultural use are permitted at farm stands within the Open Space Districts, Rural Development Districts, and any non-residential district, in all zoning districts in which agriculture is a permitted use, or, where it is a conditional use, upon approval, subject to the following standards:

a. Farm stands shall conform to the provisions of Section 21.6. b. Retail sales are limited to the following:

i. Crops grown and/or livestock raised on the farm where the farm stand is located.

ii. Other unprocessed food products, or home processed food products such as jams, jellies, pickles, sauces, or baked goods created on the farm where the farm stand is located.

D. Does the text amendment adequately answer the problem that is being addressed; if not, are other modifications necessary?

Problem identified

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food particularly in New Orleans East. The study initiated by the City Council lays out several strategies that are aimed at encouraging healthy food access in underserved communities. The proposed text amendment is a response to one of these strategies, which is to loosen agriculture requirements within the city. With the increase of urban food deserts in many part of the USA and the world, urban agriculture is providing a way to complement urban food needs, and to achieve food security and improved nutrition.

Staff analysis

Due to the limited access that parts of the city have to fresh, healthy food, staff has examined methods to limit the barriers involved in selling fresh food at agriculture uses on residentially zoned lots. Agriculture without livestock is permitted by right in most zoning districts (including residential zoning districts), and agriculture with livestock is permitted by right in rural districts and allowed with a conditional use in some commercial and open space districts. The CZO states that while products may not be prepared, processed or packaged in a residential district, the canning of plants or plant products is permitted for any agricultural use even in residential districts. Further, retail sales for an agricultural use are permitted at farm stands only within Open Space Districts, Rural Development Districts, and non-residential districts. In these instances, retail sales are limited to crops grown and livestock raised on the farm where the farm stand is located and to unprocessed food products, or home processed food products such as jams, jellies, pickles, sauces, or baked goods created on the farm where the farm stand is located. While farm stands are not allowed in residential districts, farmers markets are allowed in any zoning districts at a maximum of one event per week. Finally, Article 21, Section 21.6.A.9 of the CZO states that “no detached accessory structure may be constructed prior to construction of the principal building to which it is accessory.”

If a shed or other similar type of structure associated with urban agriculture cannot be authorized on a lot that is entirely used for the growing of crops, the ability to store tools, store food, or can products on site is effectively limited. Based on this, staff believes that allowing accessory structures without a principal structure on lots used for agriculture would adequately answer the operational needs of agriculture uses.

Additionally, the agriculture use standards states that farm stands, where food products created on the farm are sold, are only allowed in open space, rural development and non-residential districts. Farmers market are allowed in all zoning districts but require licensing by the City and the Department of Health and are limited to one event per week. Staff believes that allowing farm stand sales for community gardens and all agriculture uses in all residential zoning districts in which agriculture is a permitted use, or, where it is a conditional use, would enable better access to fresh food in areas of the city with limited access to grocery stores. Such farm stands should be allowed upon approval from the Department of Safety and Permits and should be allowed seven days a week to sell produce exclusively grown on site. Staff recommends to add operational use standards to farm stands located in residential districts by amending Article 20, Section 20.3.C.6 – Retail Sales so as to minimize potential nuisance created by the commercial operation of farm

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stands in residential districts. The proposed standards are as follows: a. Farm stands shall conform to the provisions of Section 21.6. b. Retail sales are limited to the following:

i. Crops grown and/or livestock raised on the farm where the farm stand is located.

ii. Other unprocessed food products, or home processed food products such as jams, jellies, pickles, sauces, or baked goods created on the farm where the farm stand is located.

c. Farm stands in residential districts shall not exceed 200 square feet.

d. Farm stands in residential districts must be removed from the premises or stored inside a structure when not in operation.

e. Farm stands in residential districts shall not be located within the public right-of-way, except if allowed by Chapter 110 of the New Orleans Municipal Code. f. Sales at farm stands in residential districts shall be limited to between 8:00 am

and 8:00 pm.

g. In residential districts, permitted signage is limited to one temporary sign displayed during sales hours.

Finally, while processed food is an industrial use that is not allowed in most districts where agriculture use is allowed, the agriculture use standards refer to “home processed food products” such as jams, pickles, sauces, or baked goods created on the farm as products that are allowed to be sold at farm stands. There is no distinction in the Comprehensive Zoning Ordinance between food processing and home processed food products. While allowing for canning of goods on residential lots, the CZO states that food may not be prepared, processed, or packaged in a residential district (except R-RE). The proposed use standards revisions in Article 20.3.C.3 – Food Preparation, Processing, and Packaging would clarify that home food processing of agricultural products grown on site is allowed in any district where agriculture is a permitted use.

E. Compliance with approval standards

The City Planning Commission recommendation and the City Council decision on any zoning text amendment are matters of legislative discretion. In making their recommendation and decision, the City Planning Commission and the City Council are required to consider the standards in Table 4-1: Standards for Zoning Amendments of the Comprehensive Zoning Ordinance. In this section, the staff evaluates the application using those standards.

The proposed amendment is compatible with the Master Plan and Future Land Use Map.

This standard is met. The City has an existing mandate in the Plan for the 21st Century, also known as the Master Plan, to enhance access to healthy food and diversify fresh food choices. This mandate is particularly articulated in Chapter 8, Health and Human Services

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and Chapter 13, Land Use Plan.

CHAPTER 8 – HEALTH AND HUMAN SERVICES

Goal 4 of Chapter 8 prioritizes access to fresh, healthy food choices for all residents. Goal 4 is in turn subdivided into four sub-goals. Sub-goals that relate directly to the proposed text amendment are listed below.

Goal 4.A. – Establish and promote fresh produce retail outlets within walking distance of all residents

Sub-goal 4.A is supported by several recommended actions which are assigned to the CPC for implementation of Goal 4.

▪ Identify areas that are underserved by fresh food access.

▪ Remove zoning and regulatory barriers to farmers’ markets and other temporary/mobile fresh food vending.

▪ Support urban agriculture and community gardens.

▪ Explore and implement incentives to encourage sale of fresh and local food. Goal 4.D. – Promote business development for farmers and processors of locally grown fresh food

▪ Reduce zoning and regulatory barriers to processing and distribution of value added local food products.

▪ Promote training and instruction in food and plant production and processing. ▪ Encourage and support urban agriculture and community gardens through

linkages with land use, water management, and economy opportunity plans. CHAPTER 13 – LAND USE PLAN

The Land Use Plan constitutes the policy framework for the regulation of the city’s physical development and serves as a guide for city decision-makers in directing the pattern, distribution, and intensity of land uses that will, over time, best achieve the goals of livability, opportunity, and sustainability embodied throughout the Master Plan, while providing sufficient land to meet demands for various future land uses.

The proposed text amendment affects mostly residential districts in Residential Future Land Use Map (FLUM) categories. Agriculture uses are consistent with all Residential FLUM, as the use is specifically listed in their appropriate range of uses. (On site sales of produces exclusively produced on site are accessory to the main agriculture use.)

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in New Orleans and the region.1” The sub-goal below, in support of this broad land use policy goal specifies a vision for implementation through interventions on the supply-side of enhanced healthy food access.

Goal 1.E.Adopt Sustainable Land Use and Zoning Principles

Sub-goal 1.E.7 enjoins the City to increase access to healthy food at a lower environmental cost by supporting the production, processing and distribution of locally grown food.

The proposed amendment is compatible with the place designations of this Ordinance.

This standard is met. The text amendment would not alter the place designations of any zoning district.

The proposed amendment promotes the public health, safety and welfare of the City. This standard is met. The proposed amendment directly addresses public health goals of the Master Plan as mentioned above. It would support urban agriculture, community gardens, and the production of locally grown food, and remove zoning barriers to the distribution of fresh food. This would particularly help to enhance public health and welfare in areas of the city that do not have easy access to healthy food.

The proposed amendment is compatible with the intent and general regulations of this Ordinance.

This standard is met. Goals of the Comprehensive Zoning Ordinance include encouraging and promoting the public health, safety and welfare of the citizens of the City of New Orleans, promoting the principles of sustainability, and ensuring that the policies set forth in the City’s Master Plan are implemented by the land use regulations of the Zoning Ordinance. The proposed text amendment would support all these goals.

The proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy.

This standard is met. The proposed amendment reflects a change in current policy aimed at improving public health and food access, particularly in areas of the city that have low access to healthy, nutritious food.

The proposed amendment benefits the citizens of the City as a whole.

This standard is met. The proposed amendment is intended apply citywide and to benefit 1

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all citizens of the City in increasing the availability of healthy food.

The proposed amendment provides a more workable way to achieve the intent and purposes of this Ordinance and the Master Plan.

This standard is met. One of the purposes of this Ordinance and the Master Plan is to promote public health. One of the proposed policies to achieve this goal is to provide better access to healthy food in particular in areas of the city that do not have easy access to full-line grocery stores. Revising the agriculture use standards as proposed would provide a more workable way to achieve the intention of this Ordinance and Master Plan.

The proposed amendment does not create a significant number of nonconformities. This standard is met. The proposed text amendment would not create any nonconformities.

III. SUMMARY

The City Council motion addresses the issue associated with the lack of access to healthy food particularly in New Orleans East. The Small Box Retail Diversity Study initiated by the City Council in 2018 lays out several strategies that are aimed at encouraging healthy food access in underserved communities. The proposed text amendment is a response to one of these strategies, which is to loosen agriculture requirements within the city. With the increase of urban food deserts in many part of the USA and the world, urban agriculture is providing a way to complement urban food needs, and to achieve food security and improved nutrition. Due to the limited access that parts of the city have to fresh, healthy food, staff has examined methods to limit the barriers involved in selling fresh food at agriculture uses on residentially zoned lots. Proposed revisions include changing the definition of Agriculture in Article 26 of the CZO and its use standards in Article 20 so as to allow farm stand sales and home food processing for agriculture uses. It also proposes to create a definition for home processed food products that ensure these products are low-risk foods only and do not include animal products. Further, the proposed text amendments include revisions to the agriculture use standards in Article 20 of the CZO that would allow accessory structures associated with agriculture uses to be permitted on lots without a principal structure.

The proposed amendments directly address public health goals of the Master Plan. It would support urban agriculture, community gardens, the production of locally grown food, and remove zoning barriers to the distribution of fresh food. This would particularly help to enhance public health and welfare in areas of the city that do not have easy access to healthy food.

IV. PRELIMINARY STAFF RECOMMENDATION

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additions are indicated by underlined, bold text, while deletions are indicated by strikethrough text.

Article 26 - Definitions

Agriculture. Land on which crops are grown and/or livestock are raised for sale, commercial use, personal food production, donation, or educational purposes. Retail sales and home food processing are permitted for all agriculture uses, subject to Section 20.3.C.

***

Home Processed Food Products. “Low-risk foods” in accordance with LA Rev Stat § 40:4.9. Home processed food products do not include animal products.

*** Article 20, Section 20.3.C – Agriculture 20.3.C.1 – Additional Bulk & Yard Regulations

All structures and other improvements are subject to the bulk and yard regulations of the district, except as provided below:

a. There are no yard requirements for the planting of crops.

b. All structures used for the keeping of livestock shall be located a minimum of twenty-five (25) feet from any lot line. This does not apply to apiaries, chicken coops, pigeon coops, and aquaponic structures, which shall meet the accessory structure requirements of Section 21.6.

c. Accessory structures associated with agricultural uses are permitted on lots without a principal structure.

[...]

***

Article 20.3.C.3 – Food Preparation, Processing, and Packaging

a. No food or other products of any plants or livestock may be prepared, processed, or packaged in any residential district, except in the R-RE District. However, the canning of plants or plant products Home food processing is permitted as part of any agricultural use.

b. Food may be prepared, processed, or packaged at an agricultural use located in any non-residential zoning district in which food processing is a permitted use, or in any zoning district where food processing is a conditional use, upon approval.

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c. In any zoning district in which food processing is classified as a conditional use, a property owner may apply for a conditional use to permit the preparation, processing, or packaging of food or other products of any plants or livestock raised on the agricultural use.

[…]

***

Article 20.3.C.6 – Retail Sales

Retail sales for an agricultural use are permitted at farm stands within the Open Space Districts, Rural Development Districts, and any non-residential district, in all zoning districts in which agriculture is a permitted use, or, where it is a conditional use, upon approval, subject to the following standards:

a. Farm stands shall conform to the provisions of Section 21.6. b. Retail sales are limited to the following:

i. Crops grown and/or livestock raised on the farm where the farm stand is located.

ii. Other unprocessed food products, or home processed food products such as jams, jellies, pickles, sauces, or baked goods created on the farm where the farm stand is located.

c. Farm stands in residential districts shall not exceed 200 square feet.

d. Farm stands in residential districts must be removed from the premises or store inside a structure when not in operation.

e. Farm stands in residential districts shall not be located within the public right-of-way except if allowed by Chapter 110 of the New Orleans Municipal Code.

f. Sales at farm stands in residential districts shall be limited to between 8:00 am and 8:00 pm.

g. In residential districts, permitted signage is limited to one temporary sign displayed during sales hours.

V. REASONS FOR RECOMMENDATION

1. The request would support urban agriculture and promote fresh food produce outlets within walking distance of residents, thus meeting goals of the Health and Human Services Chapter of the Master Plan.

2. The request would reduce zoning barriers to processing and distribution of fresh local food products, facilitate healthy food access for citizens and improve public health, thus meeting goals of the Health and Human Services Chapter and Land

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Use Chapter of the Master Plan.

VI. CITY PLANNING COMMISSION (August 13, 2019)

The Senior City Planner summarized the request, stating the staff’s recommendation of approval. Two speakers spoke in support of the request. One speaker spoke in opposition of the request. Comment cards are attached to this report.

Commissioner Stewart made a motion for deferral of the request, to enable staff to address comments made by one of the speakers. The motion was seconded by Commissioner Witry and adopted.

MOTION:

BE IT MOVED BY THE CITY PLANNING COMMISSION THAT ZONING DOCKET 079/19 IS HEREBY RECOMMENDED FOR DEFERRAL TO THE SEPTEMBER 10, 2019 CITY PLANNING COMMISSION MEETING.

YEAS: Flick, Lunn, Steeg, Stewart, Witry NAYS: None

ABSENT: Brown, Wedberg

VII. REASON FOR RECOMMENDATION

1. Deferral of the request would allow staff to address some comments made by a speaker relative to agriculture use standards.

VIII. FURTHER CONSIDERATIONS

Following comments made during the last City Planning Commission meeting, Staff considered a list of recommendations compiled by SPROUT NOLA, The Greater New Orleans Grower’s Alliance, Recirculating Farms Coalition, and the Food Policy and Advisory Committee, proposing changes to the agriculture use standards of Article 20, and some on site development standards of Article 21 of the CZO. The revised recommendations from staff include the original recommendations listed above in this report as well as additional modifications that would facilitate the operation of urban agriculture, such as allowing agriculture uses on contiguous or non-contiguous lots in all zoning districts, rather than a single lot of record, removing illogical requirement about impermeable barrier between on-site soil and raised bed imported soil, or allowing free-range chickens in fenced-in properties when the agricultural operator is present on site. The proposed text additions are indicated by underlined, bold text, while deletions are

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indicated by strikethrough text. Article 26 - Definitions

Agriculture. Land on which crops are grown and/or livestock are raised for sale, commercial use, personal food production, donation, or educational purposes. Retail sales and home food processing are permitted for all agriculture uses, subject to Section 20.3.C.

***

Home Processed Food Products. “Low-risk foods” in accordance with LA Rev Stat § 40:4.9. Home processed food products do not include animal products.

*** Article 20, Section 20.3.C – Agriculture 20.3.C.1 – Additional Bulk & Yard Regulations

All structures and other improvements are subject to the bulk and yard regulations of the district, except as provided below:

a. There are no yard requirements for the planting of crops.

b. All structures used for the keeping of livestock shall be located a minimum of twenty-five (25) feet from any lot line. This does not apply to apiaries, chicken coops, pigeon coops, quail coops, and aquaponic structures, which shall meet the accessory structure requirements of Section 21.6.

c. Accessory structures associated with agricultural uses are permitted on lots without a principal structure.

*** 20.3.C.2 – Soil Testing

a. Prior to the establishment of an agricultural use, soil testing from an accredited analytical laboratory is required to measure nutrients, heavy metals and any other harmful contaminants that may be present. The laboratory shall follow the testing protocol established by the Louisiana State University Agricultural Center. The soil samples shall be representative samplings from the entire portion of the site to be used for agricultural purposes. The applicant shall provide a written report showing the results of such testing.

b. Soil testing is not required for sites already in agricultural use, as of the effective date of this Ordinance.

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c. Alternatively, the operator may use raised planter boxes for all plants, in which case soil testing is not required. Raised planters shall have a minimum height of one (1) foot, constructed of materials that will not contaminate the crops or soil, and have an impermeable barrier a barrier that is impermeable to roots between on-site and imported soil.

Article 20.3.C.3 – Food Preparation, Processing, and Packaging

a. No food or other products of any plants or livestock may be prepared, processed, or packaged in any residential district, except in the R-RE District. However, the canning of plants or plant products Post-harvest handling (defined as but not limited to trimming, washing, weighing, bunching, bagging, boxing, labeling, and dry, cold or frozen storage) and home food processing of all produce grown on site is permitted as part of any agricultural use.

b. Food may be prepared, processed, or packaged at an agricultural use located in any non-residential zoning district in which food processing is a permitted use, or in any zoning district where food processing is a conditional use, upon approval. c. In any zoning district in which food processing is classified as a conditional use, a

property owner may apply for a conditional use to permit the preparation, processing, or packaging of food or other products of any plants or livestock raised on the agricultural use.

Article 20.3.C.4 – Operational Standards

a. Dead plants, produce, and trash not used for composting or other gardening functions shall be removed from the site within forty-eight (48) hours at the next available time of sanitation pick up, and at least weekly.

b. Except in the R-RE District and any Centers of Industry District, mechanical equipment may only be used during daylight hours.

c. Regulated materials, such as chemicals, fertilizers, and toxins, shall not drain onto adjacent properties, into waterways, or onto public rights-of-way. Chemicals and other flammable materials shall be disposed of in accordance with federal and state requirements. If stored on-site, such chemicals or flammable materials shall be kept in waterproof containers in a locked structure when unattended.

d. A sign containing the contact information for the agricultural use operator shall be posted at or within five (5) feet of the front lot line consistent with required setbacks. For any lots that constitute a portion of an agricultural use as a whole, but are not contiguous with the lot on which on which the owner or licensed operator of the farm resides, or where any lot in agricultural use does not include a resident or licensed operator of the farm present daily, an additional sign is required. Such

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signs shall not exceed a height of seven (7) feet and shall not exceed one (1) square foot in area.

Article 20.3.C.5 - Presence of on-site licensed operator

An agricultural use shall be located on a single lot of record where a resident or licensed operator of the agricultural use is present daily, with the following exception. In the Historic Urban Neighborhood Districts and MU-1 and MU-2 Districts, an agricultural use, operated as a whole, may be, contiguous lots, or multiple non-contiguous lots, provided that all lots are located within three-hundred (300) five hundred (500) feet of the nearest point of the lot where the resident resides or where the licensed operator of the agricultural use is present daily a minimum of two times per week while crops are active. If the agricultural use includes animal husbandry –with the exception of apiaries – the operator of the agricultural use must have a daily presence on site. All lots constituting the agricultural use shall be indicated on any permit or license for the agricultural use.

Article 20.3.C.6 – Retail Sales

Retail sales for an agricultural use are permitted at farm stands within the Open Space Districts, Rural Development Districts, and any non-residential district, in all zoning districts in which agriculture is a permitted use, or, where it is a conditional use, upon approval, subject to the following standards:

a. Farm stands shall conform to the provisions of Section 21.6. b. Retail sales are limited to the following:

i. Crops grown and/or livestock raised on the farm where the farm stand is located.

ii. Other unprocessed food products, or home processed food products such as jams, jellies, pickles, sauces, or baked goods created on the farm where the farm stand is located.

c. Farm stands in residential districts shall not exceed 200 square feet.

d. Farm stands in residential districts must be removed from the premises or store inside a structure when not in operation.

e. Farm stands in residential districts shall not be located within the public right-of-way except if allowed by Chapter 110 of the New Orleans

Municipal Code.

f. Sales at farm stands in residential districts shall be limited to between 8:00 am and 8:00 pm.

g. In residential districts, permitted signage is limited to one temporary sign displayed during sales hours.

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***

Article 21, Section 21.6 – Accessory Structure and Uses

Article 21.6.I.3 – Chicken Coops

1. Chicken coops and runs shall meet the following standards:

a. Chicken coops and runs are permitted to locate only in the rear yard and shall be located at least ten (10) feet from all lot lines and ten (10) feet from any dwelling.

b. The facility shall be kept in good repair, maintained in a clean and in a sanitary condition, and free of vermin, obnoxious smells, and substances. The facility shall not create a nuisance or disturb neighboring residents due to noise, odor, damage, or threats to public health.

c. The chicken coop and run shall be designed to ensure the health and well-being of the animal is not endangered by the manner of keeping or confinement. d. The chicken coop and run shall be adequately lighted and ventilated. 2. No person may keep more than six (6) chickens on any property at one time.

3. No commercial activity will result from the keeping of chickens on the property, except for selling of eggs at agricultural uses in accordance with Article 20, Section 20.3.C.6.

4. Roosters are not permitted. However, if the gender of a chick cannot be determined at hatching, a chick of either gender may be kept on the property for no more than six (6) months.

5. Chickens shall be kept in coops and fenced runs at all times when property owner or agricultural operator is not present. Chickens may be free-range only in fenced-in properties when property owner or agricultural operator is present. Chickens shall be kept in coops from dusk to dawn.

6. No storage of chicken manure is permitted within twenty (20) feet of any lot line. All chicken manure shall either be composted immediately through incorporation of carbon-rich material or removed from the property and disposed of properly.

7. Slaughtering of chickens on-site is prohibited.

IX. REASONS FOR RECOMMENDATION

1. The request would support urban agriculture and promote fresh food produce outlets within walking distance of residents, thus meeting goals of the Health and Human Services Chapter of the Master Plan.

2. The request would reduce zoning barriers to processing and distribution of fresh local food products, facilitate healthy food access for citizens and improve public health, thus meeting goals of the Health and Human Services Chapter and Land Use Chapter of the Master Plan.

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X. CITY PLANNING COMMISSION MEETING (September 10, 2019)

The Principal Planner summarized the request and stated the staff’s recommendation of approval. One speaker spoke in support. No one spoke in opposition. Commissioner Brown made a motion to adopt staff’s recommendation of approval which was seconded by Commissioner Mobley and was unanimously adopted.

MOTION:

BE IT MOVED BY THE CITY PLANNING COMMISSION THAT ZONING DOCKET 079/19 IS HEREBY RECOMMENDED FOR APPROVAL.BE IT FURTHER MOVED THAT THE EXECUTIVE DIRECTOR IS HEREBY AUTHORIZED TO NOTIFY THE CITY COUNCIL OF SAID ACTION.

The recommended language is shown below: Article 26 - Definitions

Agriculture. Land on which crops are grown and/or livestock are raised for sale, commercial use, personal food production, donation, or educational purposes. Retail sales and home food processing are permitted for all agriculture uses, subject to Section 20.3.C.

***

Home Processed Food Products. “Low-risk foods” in accordance with LA Rev Stat § 40:4.9. Home processed food products do not include animal products.

*** Article 20, Section 20.3.C – Agriculture 20.3.C.1 – Additional Bulk & Yard Regulations

All structures and other improvements are subject to the bulk and yard regulations of the district, except as provided below:

a. There are no yard requirements for the planting of crops.

b. All structures used for the keeping of livestock shall be located a minimum of twenty-five (25) feet from any lot line. This does not apply to apiaries, chicken coops, pigeon coops, quail coops, and aquaponic structures, which shall meet the accessory structure requirements of Section 21.6.

c. Accessory structures associated with agricultural uses are permitted on lots without a principal structure.

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***

20.3.C.2 – Soil Testing

a. Prior to the establishment of an agricultural use, soil testing from an accredited analytical laboratory is required to measure nutrients, heavy metals and any other harmful contaminants that may be present. The laboratory shall follow the testing protocol established by the Louisiana State University Agricultural Center. The soil samples shall be representative samplings from the entire portion of the site to be used for agricultural purposes. The applicant shall provide a written report showing the results of such testing.

b. Soil testing is not required for sites already in agricultural use, as of the effective date of this Ordinance.

c. Alternatively, the operator may use raised planter boxes for all plants, in which case soil testing is not required. Raised planters shall have a minimum height of one (1) foot, constructed of materials that will not contaminate the crops or soil, and have a barrier that is impermeable to roots between on-site and imported soil.

Article 20.3.C.3 – Food Preparation, Processing, and Packaging

a. Post-harvest handling (defined as but not limited to trimming, washing, weighing, bunching, bagging, boxing, labeling, and dry, cold or frozen storage) and home food processing of all produce grown on site is permitted as part of any agricultural use.

b. Food may be prepared, processed, or packaged at an agricultural use located in any zoning district in which food processing is a permitted use, or in any zoning district where food processing is a conditional use, upon approval.

c. In any zoning district in which food processing is classified as a conditional use, a property owner may apply for a conditional use to permit the preparation, processing, or packaging of food or other products of any plants or livestock raised on the agricultural use.

Article 20.3.C.4 – Operational Standards

a. Dead plants, produce, and trash not used for composting or other gardening functions shall be removed from the site at the next available time of sanitation pick up, and at least weekly.

b. Except in the R-RE District and any Centers of Industry District, mechanical equipment may only be used during daylight hours.

c. Regulated materials, such as chemicals, fertilizers, and toxins, shall not drain onto adjacent properties, into waterways, or onto public rights-of-way. Chemicals and

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other flammable materials shall be disposed of in accordance with federal and state requirements. If stored on-site, such chemicals or flammable materials shall be kept in waterproof containers in a locked structure when unattended.

d. A sign containing the contact information for the agricultural use operator shall be posted at or within five (5) feet of the front lot line consistent with required setbacks. For any lots that constitute a portion of an agricultural use as a whole, but are not contiguous with the lot on which on which the owner or licensed operator of the farm resides, or where any lot in agricultural use does not include a resident or licensed operator of the farm present daily, an additional sign is required. Such signs shall not exceed a height of seven (7) feet and shall not exceed one (1) square foot in area.

Article 20.3.C.5 - Presence of on-site licensed operator

An agricultural use shall be located on a single lot of record, contiguous lots, or multiple non-contiguous lots, provided that all lots are located within five hundred (500) feet of the nearest point of the lot where the resident resides or where the operator of the agricultural use is present a minimum of two times per week while crops are active. If the agricultural use includes animal husbandry –with the exception of apiaries – the operator of the agricultural use must have a daily presence on site. All lots constituting the agricultural use shall be indicated on any permit or license for the agricultural use.

Article 20.3.C.6 – Retail Sales

Retail sales for an agricultural use are permitted at farm stands in all zoning districts in which agriculture is a permitted use, or, where it is a conditional use, upon approval,subject to the following standards:

a. Farm stands shall conform to the provisions of Section 21.6. b. Retail sales are limited to the following:

i. Crops grown and/or livestock raised on the farm where the farm stand is located.

ii. Other unprocessed food products, or home processed food products such as jams, jellies, pickles, sauces, or baked goods created on the farm where the farm stand is located.

c. Farm stands in residential districts shall not exceed 200 square feet.

d. Farm stands in residential districts must be removed from the premises or store inside a structure when not in operation.

e. Farm stands in residential districts shall not be located within the public right-of-way except if allowed by Chapter 110 of the New Orleans Municipal Code. f. Sales at farm stands in residential districts shall be limited to between 8:00 am

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g. In residential districts, permitted signage is limited to one temporary sign displayed during sales hours.

[…]

***

Article 21, Section 21.6 – Accessory Structure and Uses

Article 21.6.I. – Chicken Coops

1. Chicken coops and runs shall meet the following standards:

a. Chicken coops and runs are permitted to locate only in the rear yard and shall be located at least ten (10) feet from all lot lines and ten (10) feet from any dwelling.

b. The facility shall be kept in good repair, maintained in a clean and in a sanitary condition, and free of vermin, obnoxious smells, and substances. The facility shall not create a nuisance or disturb neighboring residents due to noise, odor, damage, or threats to public health.

c. The chicken coop and run shall be designed to ensure the health and well-being of the animal is not endangered by the manner of keeping or confinement. d. The chicken coop and run shall be adequately lighted and ventilated. 2. No person may keep more than six (6) chickens on any property at one time.

3. No commercial activity will result from the keeping of chickens on the property, except for selling of eggs at agricultural uses in accordance with Article 20, Section 20.3.C.6.

4. Roosters are not permitted. However, if the gender of a chick cannot be determined at hatching, a chick of either gender may be kept on the property for no more than six (6) months.

5. Chickens shall be kept in coops and fenced runs when property owner or agricultural operator is not present. Chickens may be free-range only in fenced-in properties when property owner or agricultural operator is present.

6. No storage of chicken manure is permitted within twenty (20) feet of any lot line. All chicken manure shall either be composted immediately through incorporation of carbon-rich material or removed from the property and disposed of properly. 7. Slaughtering of chickens on-site is prohibited.

YEAS: Brown, Flick, Lunn, Marshall, Mobley, Steeg, Stewart, Witry

NAYS: None

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XI. REASONS FOR RECOMMENDATION

1. The request would support urban agriculture and promote fresh food produce outlets within walking distance of residents, thus meeting goals of the Health and Human Services Chapter of the Master Plan.

2. The request would reduce zoning barriers to processing and distribution of fresh local food products, facilitate healthy food access for citizens and improve public health, thus meeting goals of the Health and Human Services Chapter and Land Use Chapter of the Master Plan.

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Compiled by: SPROUT NOLA, The Greater New Orleans Grower’s Alliance, Recirculating Farms Coalition, and the Food Policy and Advisory Committee

Section of CZO Present in Small

Box (Y/N)

Change Requested

20.3.C.1.b Yes From:All structures used for the keeping of

livestock shall be located a minimum of twenty-five (25) feet from any lot line. This does not apply to apiaries, chicken coops, pigeon coops, and aquaponic structures, which shall meet the

accessory structure requirements of Section 21.6. To:All structures used for the keeping of livestock shall be located a minimum of twenty-five (25) feet from any lot line. This does not apply to apiaries, chicken coops, pigeon coops, quail coops, and aquaponic structures, which shall meet the

accessory structure requirements of Section 21.6.

20.3.c.2 SOIL TESTING

Yes From:Raised planters shall have a minimum height of one (1) foot, constructed of materials that will not contaminate the crops or soil, and have an impermeable barrier between on-site and imported soil.

To:Raised planters shall have a minimum height of one (1) foot, constructed of materials that will not contaminate the crops or soil, and have a barrier that is impermeable to roots between on-site and imported soil if on-site soil is found to have 400ppm of lead or more.

20.3.C.3 a-c - Food Preparation, Processing, and Packaging

Yes From:No food or other products of any plants or livestock may be prepared, processed, or

packaged in any residential district, except in the R-RE District. However, the canning of plants or plant products is permitted as part of any

agricultural use

To: An agricultural use site may be used as a post-harvest handling (defined in 20.3.C.d) hub of produce harvested within 2 square miles of an agricultural use site, pending written agreement between the property owner and produce grower.

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as, but not limited to, trimming, washing, weighing, bunching, bagging, boxing, labeling, and dry, cold, or frozen storage) of all produce grown on site that maintains the product in a raw state is permitted for any agricultural use, to comply with federal, state, and local food safety regulations.

Post-harvest handling is not to be considered processing so long as the raw product is not transformed by additional ingredients, cooking, or fermentation.

20.3.C.4

OPERATIONAL STANDARDS

Yes From:Dead plants, produce, and trash not used for composting or other gardening functions shall be removed from the site within forty-eight (48) hours.

To:Dead plants, produce, and trash not used for composting or other gardening functions shall be removed from the site at the next available time of public sanitation pick up.

20.3.C.5

PRESENCE OF ON-SITE

LICENSED OPERATOR

Yes From:An agricultural use shall be located on a single lot of record where a resident or licensed operator of the agricultural use is present daily, with the following exception. In the Historic Urban Neighborhood Districts and MU-1 and MU-2 Districts, an agricultural use, operated as a whole, may be multiple non-contiguous lots, provided that all lots are located within three-hundred (300)feet of the nearest point of the lot where the resident resides or licensed operator of the agricultural use is present daily. All lots constituting the agricultural use shall be indicated on any permit or license for the agricultural use.

To:An agricultural use shall be located on a single lot, contiguous lots, or multiple contiguous lots, provided that all lots are located within

five-hundred (500) feet of the nearest point of the lot where the resident resides or where the operator of the agricultural use is present a minimum of two times per week while crops are active. If the agricultural use includes animal husbandry – with the exception of apiaries – the operator of the agricultural use must have a daily

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21.6.D.2

No From:One (1) bee colony is permitted per lot. An additional bee colony is permitted for each

two-thousand (2,000) square feet of lot area above the first one-thousand five-hundred (1,500) square feet.

To:Two (2) colonies are permitted on 1/4 acre or less. Four (4) colonies are permitted on lots of more than one-quarter acre but less than 1/2 acre. Six (6) colonies are permitted on more than

one-half acre but less than one acre. Eight (8) colonies are permitted on lots of one acre or greater in size. For every two colonies authorized under the colony densities outlined above, there may be maintained upon the same lot one nucleus colony in a hive structure not exceeding one standard 9 5/8 inch depth 10-frame hive body with no supers attached as required from time to time for management of swarms. Each such nucleus colony shall be disposed of or combined with an authorized colony within 30 days after the

date it is acquired. Regardless of tract size, so long as all property other than the tract upon which the hives are situated – that is, within a radius of at least 200 feet from any hive – remains

undeveloped or blighted property there shall be no limit to the number of colonies. All honeybee colonies shall be registered annually with the Louisiana Department of Agriculture andForestry.

21.6.I.3 From:No commercial activity will result from the

keeping of chickens on the property.

To:Agricultural operators and residents keeping chickens may sell eggs from the property so long as the operator is in compliance with all local, state and federal laws.

21.6.I.5 No From: Chickens shall be kept in coops and fenced

runs at all times. Chickens shall be kept in coops from dusk to dawn.

To:Chickens shall be kept in coops and fenced runs when agricultural operator is not present. Chickens may be free-range only in fenced-in properties when agricultural operator is present.

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21.6.1.6 No From:No storage of chicken manure is permitted within twenty (20) feet of any lot line. All chicken manure shall be removed from the property and disposed of properly.

To:No storage of chicken manure is permitted within twenty (20) feet of any lot line. All chicken manure shall be composted immediately through

incorporation of carbon-rich material or removed from the property and disposed of properly.

Small Box ‘Possible Incentives’

Only in Small Box

From:Developing grocery stores are often risky and costly endeavors. Offering incentives can be an effective tool for attracting a grocery store to an underserved area. Offering incentives can

minimize risks of potential operators and projects can become more feasible.

To:Developing grocery stores and Urban Farms are often risky and costly endeavors. Offering incentives can be an effective tool for attracting a grocery stores and food-producing farms to an underserved area. Offering incentives can

minimize risks of potential operators and projects can become more feasible.

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