At their August 14, 2013 meeting the Flagstaff Sustainability Commission discussed a draft resolution in support of the rights of individuals and groups to grow their own food for themselves and their families. This resolution was drafted by members of the Flagstaff Liberty Alliance who brought it to the Commission for their support. At this meeting the Commission recommended that the City Council should adopt this resolution, a copy of which is attached (Attachment A.).
 
Interest in food system issues at the local, regional and national level has been on the rise in the planning community for the past decade. Recognizing this trend in May 2007 the American Planning Association (APA) adopted a policy guide that provides seven general policies in support of community and regional food planning. A copy of the APA’s “Policy Guide on Community and Regional Food Planning” is attached (Attachment B.) as it provides useful policy ideas on this issue.
 
The seven general policies outlined in this policy guide are: 

1. Support comprehensive food planning process at the community and regional levels;
2. Support strengthening the local and regional economy by promoting local and regional food systems;
3. Support food systems that improve the health of the region's residents;
4. Support food systems that are ecologically sustainable;
5. Support food systems that are equitable and just;
6. Support food systems that preserve and sustain diverse traditional food cultures of Native American and other ethnic minority communities;
7. Support the development of state and federal legislation to facilitate community and regional food planning discussed in general policies #1 through #6.

ANALYSIS OF EXISTING CITY CODE PROVISIONS RELATIVE TO THE DRAFT FOOD PRODUCTION RESOLUTION
Staff has completed a comprehensive analysis of the Zoning Code (City Code Title 10) as well as other relevant City Code Chapters to determine how the draft food production resolution is supported by existing City Code standards and regulations, or how they could be amended in support of the resolution.
 
City Code Title 10, Flagstaff Zoning Code:
Chapter 10-40 (Specific to Zones) establishes the zoning districts that are applied to property within the City, with specific standards for allowable uses, building form, building placement, etc. for each zone.
Section 10-40.30.030 Residential Zones, Table B. (Allowed Uses).
The descriptions of the RR and ER residential zones include the statement that these zones are “applied to areas of the City appropriate for both housing and limited agricultural uses ...”.
Community gardens               Permitted in all residential zones
Nurseries                                Permitted in the RR zone with a Use Permit
 
Section 10-40.30.040 Commercial Zones, Table B. (Allowed Uses).
Community gardens  Permitted in all commercial zones
Farmers market         Permitted in the CC, HC, and CS zones
Food production        Permitted in the HC and CS zones with a Use Permit
Nurseries                   Not specifically listed, but would be permitted under General Retail Business
 
Section 10-40.30.050 Industrial Zones, Table B. (Allowed Uses).
Composting facility     Permitted in LI, LI-O, HI, and HI-O zones (but not within ¼ mile of a residential use)
Food production         Permitted in the LI and LI-O zones
Nurseries                    Permitted in LI, LI-O, HI, and HI-O zones
 
Section 10-40.30.060 Public and Open Space Zones, Table B. (Allowed Uses).
Community gardens               Permitted in the PF zone
Ranching                                Permitted in the PLF zone
 
Section 10-40.30.070 Sustainability Features of all Non-Transect Zones.
Vegetated roof                        Allowed in all zones – would allow for food production
 
Section 10-40.40.030 T1 Zone Natural Standards, Table D. Allowed Uses.
Ranching                                Permitted
Community gardens               Permitted
 
Section 10-40.40.040 T2 Zone Rural Standards, Table H. Allowed Uses.
Animal Keeping                      Permitted
Nurseries                                Permitted
Ranching                                Permitted
Community gardens               Permitted
Greenhouses                          Permitted
 
Section 10-40.40.050/.060 T3N.1 and T3N.2 Zones Neighborhood Standards, Table H. Allowed Uses.
Community gardens               Permitted
 
Section 10-40.40.070/.080 T4N.1 and T4N.2 Zones Neighborhood Standards, Table I. Allowed Uses.
Community gardens               Permitted

Section 10-40.40.090 T5 Zone Main Street Standards, Table I. Allowed Uses.
No permitted food production uses.
 
Section 10-40.40.100 T6 Zone Downtown Standards, Table I. Allowed Uses.
No permitted food production uses.

Sustainability Features of all Transect Zones.
Vegetated roof     Allowed in all transect zones – would allow for food production


 
Section 10-40.60.020 Accessory Buildings and Structures.
This Section establishes specific standards and regulations applicable to accessory structures in all zones, including for green houses.
 
Section 10-40.60.070 Animal Keeping.
This Section establishes a cross reference to the City Code Title 6 (Police Regulations) and the City’s existing animal keeping standards (Chapter 6-03, Animals). It was intended that the animal keeping provisions of the City Code would be updated sometime after adoption of the Zoning Code and moved to a new location in Title 7 (Health and Sanitation) at the same time as the amendments to the City Code regarding property and building maintenance were to be considered. So far only preliminary work on this chapter has begun (see below for a fuller description of suggested amendments to this section of the City Code).
 
Section 10-40.60.140 Community Garden.
This Section establishes specific standards and regulations applicable to community gardens in all zones.
 
Chapter 10-50 (Supplemental to Zones) establishes standards that are supplemental to the regulations of each zoning district, including for example, landscaping standards.
Section 10-50.60.050 Landscaping Standards.
Sub-section C. (Oasis Allowance) establishes standards for oasis areas within a landscape to include, for example, non-drought tolerant plants that require more water and vegetable gardens.
Paragraph 6. (Use of Edible Landscaping) specifically encourages and allows the use of edible plants in a landscape area.
Paragraph 7. (Exceptions) specifically exempts food production sites such as community gardens from the oasis allowance.
 
Chapter 10-80 (Definitions) provides the definitions of key terms as they are used in the Zoning Code. Those terms with specific relevance to food production include:
Section 10-80.20.010 Definitions, “A.”
Accessory Buildings and Structures
Agriculture
Agriculture, Urban
Animal Keeping

Section 10-80.20.030 Definitions, “C.”
Community Garden
Composting Facility
 
Section 10-80.20.060 Definitions, “F.”
Food Production
 
Section 10-80.20.080 Definitions, “G.”
Greenhouse
 
Section 10-80.20.180 Definitions, “R.”
Ranching
 
City Code Title 6, Police Regulations:
Chapter 6-03 (Animals) of this title establishes the standards for Keeping of Certain Animals (Section 6-03-001-0001) including provisions to address a violation of this chapter (Section 6-03-001-0002). Last amended in January 1961, this chapter of the City Code is outdated and it does not provide standards for the keeping of animals consistent with the desires and needs of many Flagstaff residents.
 

Over the past few months, staff from the City’s Sustainable and Environmental Management Section has worked to develop a first draft of proposed revisions to this chapter. Their work is incomplete, and it provides a solid starting point for further review and refinement. For example, the proposed draft includes less restrictive standards for the keeping of certain poultry, establishes new standards for managing the number of animals permitted on a property based on a measure of animal units (a typical approach in most communities in the US today), and allows for bee keeping subject to certain standards. This code will also include the standards from former Land Development Code Section 10-03-005-0001.G (Animals) that were not included in the new Zoning Code.
 
Staff looks forward to discussing these proposed amendments with community stakeholders and Flagstaff residents, and presenting them to the City Council at some point in the future. 
 
Some Preliminary Staff Observations and Conclusions:
The new Zoning Code adopted by the City Council in November 2011 removed many obstacles to local food production. Councilors and local residents proposed many of these ideas, such as allowing food production in certain commercial and industrial zones. Indeed, when the proposed local food production resolution is compared with the Zoning Code, it is noteworthy that the Code supports local food production in a variety of ways. However, as the narrative below will make clear, there are a number of additional amendments that could be considered that would support and provide additional opportunities for local food production. As noted above, amendments to the animal keeping section of the City Code are also necessary in support of greater local food production opportunities.

1. The descriptions of the RR and ER residential zones note that they allow limited agricultural uses. However, aside from standards for the keeping of horses in both of these zones (the ER zone allows one horse per 10,000 sq. ft. to a maximum of three horses per lot for the personal use of family members while the RR zone allows up to four horses for the first acre plus one horse for each additional acre) there are no other standards in the Zoning Code that would support “limited agricultural uses” or the keeping of other animals. This is an area of the code that could be amended to support and define limited agricultural uses.
    
2. A simple amendment to the Zoning Code could explicitly state that the cultivation of food garden for home use is permitted in all zones where residential uses are permitted. This amendment could also go further to allow for the growing of food through the use of such advanced systems as hydroponics.
    
3. Community gardens could be permitted in the T5 (Main Street) and T6 (Downtown) transect zones as this use is already permitted in all commercial zones, including the Commercial Services (CS) and Central Business (CB) or downtown zone.
    
4. Greenhouses could be permitted in the T3, T4, T5, and T6 transect zones. While they may not be located on the ground where space is often at a premium in transect zones T5 and T6, it is conceivable that they could be placed on a roof top.
    
5. While the Zoning Code allows vegetated roofs in all zones, a simple amendment could explicitly state that a vegetated roof may also be used for food production.
    
6. Farmers markets could also be permitted in the CB (Central Business) and the PF (Public Facility) zones.
    
7. Staff suggests that consideration may need to be given to allow a home owner who grows more food than they can consume to sell the excess food at a local farmer's market or other similar venue.
    
8. Attachment C. includes a few pages from the 2007 v9.2 SmartCode Module on food production. The SmartCode is a model zoning code and form-based code that may be calibrated to a local community’s needs. These pages provide some ideas for how local food production may be incorporated into the Zoning Code. They also provide some ideas for composting and recycling that could be incorporated into the Zoning Code.
    
9. The City Code’s animal keeping provisions are outdated and require refinement and amendment. For example, careful consideration needs to be given to allowing animals that are known to be kept within the City limits that the City Code does not address, such as alpacas and llamas. Also, for some years now staff has heard from many residents hoping for amendments to the City Code to provide greater opportunities for the keeping of poultry. Future code amendments may also provide a cross-reference from the Zoning Code to the City Code to define in which zones what animals may be allowed. In the coming months, and based on City Council direction, staff looks forward to presenting the Council with these needed amendments for review and eventual adoption.
    
10. From a technical perspective, staff suggests that it is important to address all of the possible unintended consequences from expanding the possibilities for food production and animal keeping within the City, especially on small residential lots. For example, should standards be developed that limit the size of a food garden on a standard R1 lot which is typically a minimum of 6,000 sq. ft. in area, perhaps as a percentage of lot area? Also, it may be appropriate to think about how to deal with odors and flies resulting from the delivery of manure and other organic products for use in food gardens, as well as the use of fertilizers and pesticides. While these issues are not typically a problem on lots in the Estate Residential (ER) or Rural Residential (RR) zones as lot sizes are large (minimum 1 acre), on smaller lots staff suggests that care be taken to ensure that a nuisance to adjoining property owners is not created. Similarly, the keeping of animals on small lots such as those in an R1 zone may also present nuisance issues. Consideration should also be given to whether there will be impacts to stormwater quality as a result of new animal keeping and food production standards.

A POSSIBLE PATH FORWARD
Assuming that a majority of the City Council supports a draft resolution in support of the rights of individuals and groups to grow their own food for themselves and their families, and direction is provided to staff to develop possible amendments to the City Code and Zoning Code, the path forward described below is suggested:

1. City Council adoption of a draft resolution in support of the rights of individuals and groups to grow their own food for themselves and their families.
2. Possible additional City Council work session for confirmation of direction to staff on possible amendments to the City Code and Zoning Code.
3. As no civic engagement has occurred so far aside from the Sustainability Commission meeting in August, outreach to interested citizens and stakeholders is important and necessary [INFORM, CONSULT, INVOLVE]. A meeting with the Sustainability Commission to gain their feedback and ensure their support will also be scheduled.
4. Draft possible amendments to the Zoning Code and the animal keeping provisions of the City Code.
5. Further civic engagement [INFORM, CONSULT, INVOLVE] with outreach to interested citizens and stakeholders. An additional meeting with the Sustainability Commission to gain their feedback and ensure their support will be scheduled.
6. Possible confirmation of policy direction with City Council.
7. Schedule the draft amendments to the Planning and Zoning Commission and City Council for approval.

Community Development Division staff resources are currently fully committed to the following major projects:

1. Draft amendments to the Zoning Code for Division 10-20.50 (Amendments to the Zoning Code Text and the Zoning Map) and Section 10-50.100.080.E (Flagstaff Mall and Marketplace District) which are scheduled to the City Council for public hearing/first reading on October 15^th and second reading/adoption on November 5^th. 
    
2. Flagstaff Regional Plan 2030 which is on the City Council’s agenda every Tuesday from now through the end of the year and is scheduled for adoption by the Council on December 17^th.
    
3. Major Regional Plan Amendment for the Little America project, also scheduled for City Council final review and approval on December 17^th. 
    
4. Approval of a comprehensive suite of amendments to the Zoning Code following the Code’s adoption in November 2011. This includes numerous minor amendments throughout the Zoning Code as well as comprehensive amendments in Division 10-50.100 (Sign Standards). Given the City Council and staff’s work load through the end of 2013, these amendments will be presented for review and adoption early in 2014.
    
5. Amendments to City Code Title 8 (Public Ways and Property) in Division 8-03-002 (North Downtown Business District Encroachment Policy)  to provide revised standards to enable restaurants and bars to establish seating areas on public sidewalks, and new standards for vendors and other commercial uses to use public sidewalks to operate their businesses. This issue will be presented to the City Council at the October 8^th work session for review and discussion, with possible adoption before the end of the year.
    
5. Amendments to City Code Title 4, Building Code, regarding the need to update the City’s existing provisions for building and property maintenance. In a work session in early 2013, the City Council agreed that these amendments would be completed and presented to the Council for review and adoption after the amendments to the Zoning Code were completed.

CONCLUSION
The purpose of the October 8^th City Council work session is to seek Council direction on what amendments, if any, may need to be made to the Flagstaff City Code including the Zoning Code with regard to a draft resolution supported by the Sustainability Commission “recognizing the rights of individuals and groups to grow their own food”. Possible adoption of the Food Freedom Resolution may be scheduled for Council consideration at a future time. Completion of amendments to the City Code and Zoning Code, and possible adoption by the City Council, will be added to Task #4 above and, therefore, presented in early 2014.