Print Back to Calendar Return
CL- 1980 New Business   Item #:   I.    
City Council Regular Meeting
Meeting Date: 09/04/2018  
Subject:    Request for a Special Use Permit for Urban Agriculture at 760 Memorial Drive.
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:     09/04/2018
SUMMARY
A request has been filed by Robert Maher on behalf of Memorial Properties LP, requesting a Special Use Permit for urban agriculture in accordance with Article 3:M, Section C., Item 28, as amended at 760 Memorial Drive otherwise known as Grid 1711, Block 006, Parcel 0000002, of the City of Danville, Virginia Zoning District Map. The applicant is proposing an urban agriculture project/community garden.
 
BACKGROUND
An application has been filed by Robert Maher on behalf of Memorial Properties LP, requesting a Special Use Permit for urban agriculture in accordance with Article 3:M, Section C., Item 28, as amended at 760 Memorial Drive otherwise known as Grid 1711, Block 006, Parcel 0000002, of the City of Danville, Virginia Zoning District Map.
 
The applicant is proposing an urban agriculture project/community garden. The application includes a Soil Test Report, which includes recommendations for how to manage the property’s soil for the use of urban agriculture. The report makes no mention of lead within the soil.
 
This property is in the HR-C – Highway Retail Commercial District, which does not currently allow for urban agriculture as a by-right use or by special use permit. Therefore, this application is also considered with a proposal to amend the Zoning Ordinance to allow urban agriculture by special use permit within this zoning district.
 
Urban agriculture is defined in the Zoning Ordinance as:
 
“Urban agriculture. The production, keeping or maintenance, for sale or lease on lots or portions of lots equal to or less than two (2) acres, of plants and animals useful to man, including, but not limited to: forage and sod crops, grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, goats or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, flora, ornamental and greenhouse products. The raising of livestock shall be no more than one (1) form of livestock animal or five (5) poultry per every three (3) acres. This district does not permit feed lots and confinement operations for swine, veal, poultry and the like.”
 
If the Zoning Ordinance were amended to allow urban agriculture in this district, the site meets the conditions of the zoning ordinance regarding being less than two (2) acres, and being useable for growing crops.  At this time, the applicant has not discussed the raising of any animals on the site.
 
Additionally, the rear portion of the property falls within the flood zone. Here, the flood zone includes land with a 0.2% annual chance of flooding, and land with a 1% annual chance of flooding.

At their meeting of August 13, 2018, the Planning Commission voted 6-0-1 (Commissioner Wilson abstained) to recommend approval subject to the following conditions: 
 
1.          Unless a soil test reports the absence of lead, any crop growth will be restricted to raised beds of at least 12 inches in height, or planting pots;
2. Any and all accessory structures must adhere to the Zoning Ordinance’s specifications regarding the FP-O, Floodplain Overlay District if located within the floodplain;
3. No chemical fertilizers or animal waste may be stored on the property unless located within an accessory structure and not in exceedance of the amount allowed by building and fire codes.
4. No waste shall be kept within 10 linear feet of the floodplain line.
5. Composting of material shall be permitted on site, but not within 100’ of Memorial Drive and 30’ from adjacent property lines.
RECOMMENDATION
It is recommended that City Council adopt an Ordinance granting a Special Use Permit for urban agriculture in accordance with Article 3:M, Section C., Item 28, as amended at 760 Memorial Drive otherwise known as Grid 1711, Block 006, Parcel 0000002, of the City of Danville, Virginia Zoning District Map subject to the following conditions:
 
1.          Unless a soil test reports the absence of lead, any crop growth will be restricted to raised beds of at least 12 inches in height, or planting pots;
2. Any and all accessory structures must adhere to the Zoning Ordinance’s specifications regarding the FP-O, Floodplain Overly District if located within the floodplain;
3. No chemical fertilizers or animal waste may be stored on the property unless located within and accessory structure and not in exceedance of the amount allowed by building and fire codes.
4. No waste shall be kept within 10 linear feet of the floodplain line.
5. Composting of material shall be permitted on site, but not within 100’ of Memorial Drive and 30’ from adjacent property lines.

Attachments
Ordinance
Planning Backup

AgendaQuick©2005 - 2018 Destiny Software Inc., All Rights Reserved