ITEM TITLE:
Approval of Conditional Use Permit #19-04 for the Valdez Community Garden for Non-Commercial Gardening and the Placement of a Temporary Shed and Temporary Greenhouse on the City of Valdez Owned Parcel Located at 911 Meals Avenue (Medical Park)
SUBMITTED BY: Kate Huber, Senior Planner
FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A
RECOMMENDATION:
Approve Conditional Use Permit #19-04 for the Valdez Community Garden for non-commercial gardening, placement of a temporary shed and temporary greenhouse on City of Valdez owned parcel located at 911 Meals Avenue (Medical Park) with recommend conditions.
SUMMARY STATEMENT:
Property Information
Street Address: 911 Meals Avenue
Legal Description: Portion of Medical Park
Property Owner: City of Valdez
Existing Uses: Hospital, medical clinic, senior center, dog park, and community garden
Zoning District: Public lands
The public lands district is intended to contain major open space areas, watershed management areas and major public and quasi-public, recreational, educational and institutional uses, including private lands and uses that are essentially public in character and of specific value to the entire community. (VMC 17.12.010)
Allowable Conditional Uses: Commercial farming, stock raising, truck gardening, tree nurseries and greenhouses, agriculture, aquaculture and horticulture including necessary accessory buildings and the storage of required equipment to be used on the land. (VMC 17.12.050)
On April 24, 2019, the Planning Department received an application from the Valdez Community Garden for a conditional use permit (CUP) for non-commercial gardening, and placement of a temporary shed and temporary greenhouse on the City owned parcel known as 911 Meals Avenue (Medical Park).
This application serves to replace a CUP that was issued for the Community Garden on April 29, 2016 (see attached) for 1.67 acres of the Medical Park parcel. After approval of the 2016 CUP, the garden organization pursued a land use agreement (lease) from City Council. That agreement was approved on May 16, 2016. Since that time the garden has occupied a piece of City property, adjacent to the City of Valdez Dog Park. The 2016 CUP expired on May 16, 2019.
In order to continue operation at the current site at 911 Meals Avenue, the Community Garden is following a similar process for approval. If the Commission approves CUP 19-04, the Valdez Community Garden will pursue a lease of the area from the City, subject to City Council approval. More detail including the exact boundary of the garden area and the term of the agreement will be established in that lease. The applicant is seeking a permanent conditional use permit. A permanent conditional use permit would not grant the organization the use of the land in perpetuity, it would simply establish this use as approved for that site.
The required public hearing for this conditional use permit was originally scheduled for May 22, 2019. The May 22, 2019 Planning and Zoning Commission meeting was cancelled due to a loss of quorum and the public hearing was rescheduled for June 12, 2019. Unfortunately, the June 12, 2019 Planning & Zoning Commission meeting was also cancelled due to a loss of quorum and the public hearing for CUP #19-04 was moved to June 26, 2019.
A public notice regarding this hearing was published in the online Valdez Star on May 8, May 15, and May 29, 2019. The same notice was also posted in City Hall. Notification letters were mailed to property owners within 300 feet of the site on May 8, May 31 and June 14, 2019. Notifications were also sent to Providence Valdez Medical Center and to the Valdez Medical Clinic, as well as the Valdez Community Garden President and Vice-President.
The Valdez Community Garden is a volunteer-run community organization with local residents serving on its board. They are hoping to continue using the current space for the communal production of fruits, vegetables and flowers to benefit the surrounding community. Plots at the garden are assigned to community members who pay a fee depending on the size of their plot. The garden members plant their rows and are required to meet certain expectations for weeding and maintenance. See the attached garden rules for more details. There are also communal areas for planting flowers, herbs, tomatoes and other plants. This is a community project and organization, not a City project. Other than providing access to water and overseeing permitting and the land lease, the City of Valdez is not directly involved in the project. The City of Valdez does not provide funding to the organization.
Please see the attached Findings and Conclusions document for more information.
The 2016 Community Garden CUP included a number of conditions. Staff recommends that the following conditions apply to CUP 19-04:
- The City of Valdez reserves the right to use the land for future development if the need arises. A 90-day notice will be given to the Community Garden Committee should such a need arise.
- Any structures (temporary or permanent) must meet the provisions of the Valdez Municipal Code, including (but not limited to) requirements for building (Title 15) and zoning (Title 17).
- The Valdez Community Garden is required to submit a copy of the garden rules and regulations to the Planning Department annually by May 15th.
- Any fire pit located on site must be approved by the City of Valdez Parks & Recreation Department.