Urban Farms In Austin

[thesonofgray]

So does "Allow processing of chickens, rabbits, and aquatic foods" mean "urban farms" have carte blanche to stink up anyone's neighborhood by composting chicken parts?

If this Austin Urban Farm group isn't careful, they'll have a lot of urban farm neighbors lobbying Council to shut down their operations altogether. Peacefully exist however you want, but not without consideration to your neighbors.

[tildahat]

Originally Posted by thesonofgray

So does "Allow processing of chickens, rabbits, and aquatic foods" mean "urban farms" have carte blanche to stink up anyone's neighborhood by composting chicken parts?

If this Austin Urban Farm group isn't careful, they'll have a lot of urban farm neighbors lobbying Council to shut down their operations altogether. Peacefully exist however you want, but not without consideration to your neighbors.

I'm generally pro-urban farms, but the real sticking point seems to be the slaughterhouse aspect. Seems like there's room for compromise there.

[SnappyBob]

Originally Posted by CptnRn

"one highly publicized case as an excuse for a land grab."

One highly publicized case that you were unaware of before you made your post???

I doubt that this is a land grab, most of the "urban farms" are in the less desirable, minority majority parts of town. The City has little to gain from regulating it other then protecting the minority residential neighborhoods who have to live around them.

One, the "City" does not develop property.

Two, what is the City trying to do that is considered "over-regulation"? Preventing an urban farmer from placing rotting chicken parts composting areas next to their neighbors residential property?

Actually, when you mentioned the donkey it jogged my memory. It was on the news here in San Antonio some time back.

The city ownes and developes a lot of property. The city also creates zoning to control what kind of development there is and where. The city also keeps a watchful eye on how it can regulate developement to increase the tax base.

Are all urban farms in Austin composting chicken parts?

[Trainwreck20]

Current animal enclosure rule:

§ 3-2-12 ENCLOSURE FOR SMALL ANIMAL.
(A) An enclosure used to keep more than two but fewer than 10 small animals must be located at least 20 feet from an adjacent residence or business, excluding the residence or business of the owner or handler of the small animals.
(B) An enclosure used to keep ten or more small animals must be located at least 50 feet from an adjacent residence or business, excluding the residence or business of the owner or handler of the small animals.
(C) This section does not apply to an animal shelter, veterinary clinic, pet store, or institutional or education research facility.

As per CptnRn's quote, the proposed change would

...clarify that enclosures must be kept a certain distance from the residential or business structure, and not the property line.

Seems pretty clear right now, but okay, I guess you could read adjacent residence to mean the property line instead of the structure. In any case, this is a 'positive' for the potential farmer.

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City Code Section 10-3-1 is amended to add a definition for “Agricultural Product” to mean “produce, meat, fish, honey, dairy, seeds, or live plants intended for food production, and compost products produced by a farmer.”

There is no existing definition of Agricultural Product, so I am assuming the term is used somewhere else in the code already, but a 'common knowledge' definition is used. The definition looks pretty straightforward, other than the use of composting as an ag product, which I am guessing is the issue somewhere in the code.

Found it:

(12) URBAN FARM means a parcel of land between 1 and 5 acres that is agriculturally cultivated by a person solely for the production of organic produce to be sold for profit.

and

25-2-7(6) defines Urban Farm

URBAN FARM use is the use of an urban site for the production and sale of organic agricultural products.

So, this looks like the revision to the definition will throw composters into '25-2-863 URBAN FARMS.'

25-2-863 URBAN FARMS.
(A) This section applies to an urban farm use.

(B) For a single-family (SF) district:
(1) the use is a permitted use on a site that is located:
(a) in the desired development zone; and
(b) outside the 25-year floodplain; or
(2) the use is a conditional use on a site that is located:
(a) in the drinking water protection zone; or
(b) in a 25-year floodplain.

(C) For a Public (P) district the use:
(1) must be approved under an appropriate contracting method, as determined by the director; and
(2) must be located:
(a) outside the 25-year flood plain; and
(b) no less than 100 feet from a creek centerline.

(D) A site area of not less than one acre and not more than five acres is required.
(1) at least 50 feet from each adjacent lot and from each residential structure other than one associated with the use; and
(2) at least 20 feet from utility easements, utility lines, and on-site sewage facilities.

(E) One dwelling is permitted.

(F) Raising livestock is prohibited notwithstanding Chapter 3-2 of the City Code.

(G) Raising fowl is permitted in accordance with Chapter 3-2 of the City Code.

(H) The use of a fertilizer other than an organic fertilizer is prohibited. If manure is used as a fertilizer, it must be composted.

(I) Agricultural products raised on the property may be sold from the site.

(J) Employees are permitted. The maximum number of employees is one for each full acre, plus one for the remaining portion of an acre, if any.

Source: Ord. 000406-86; Ord. 031211-11; Ord. 20110210-018.

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Honestly, other than including composting in the rule explicitly (even though it might have been considered in there before), it looks like no negative changes are being proposed. The inclusion of composting means you cannot compost within 50 feet of a neighbors dwelling or 20 feet of an easement. I do not see any of that being overly burdensome. Sure, if you currently compost right on the property line near a neighbor, you might have to change that. And, based on the limited research, I think I would even support it whole-heartedly. I suspect that is why the 'grievance' web-site did not give any details....

[CptnRn]

Originally Posted by thesonofgray

So does "Allow processing of chickens, rabbits, and aquatic foods" mean "urban farms" have carte blanche to stink up anyone's neighborhood by composting chicken parts?

If this Austin Urban Farm group isn't careful, they'll have a lot of urban farm neighbors lobbying Council to shut down their operations altogether. Peacefully exist however you want, but not without consideration to your neighbors.

Looks that way to me. Yes, I see these changes as a huge win for the urban farmers and a huge loose for the residential neighbors, if they are approved. Currently the City of Austin Zoning Guide allows an Urban Farm as a "Permitted and Conditional Use" in a all areas zoned for Single Family Residential Uses. By expanding the definitions of what is allowed in an Urban Farm, they are allowing more industrial and intensive animal production activities to occur in what are otherwise Residential Zoning areas.

Item ID 28078, Agenda Number 14, Approve an ordinance amending City Code Chapters 3-12, 10-3, and 14-7 relating to regulations for urban farms. Related to Item # 75.

This amendment includes the following proposed changes:
City Code Section 3-2-12 is amended to clarify that enclosures must be kept a certain distance from the residential or business structure, and not the property line.

With this change they can keep animal processing plants and composting areas closer to any adjacent residences, rather then measuring the distance from the property line.

City Code Section 10-3-1 is amended to add a definition for “Agricultural Product” to mean “produce, meat, fish, honey, dairy, seeds, or live plants intended for food production, and compost products produced by a farmer.”

With this change they can process meat, fish, dairy and compost products in residential areas, where they may not have been allowed to in the past.

City Code Section 14-7-41 is amended to include “market garden” and “urban farm with facilities for gatherings” uses.

With this change they can open up a marketplace ("market garden") business as well as "facilities for gatherings", what is this? Assembly, group meetings, market fairs and events, in a residential area?

This amendment was initiated by the Planning Commission on February 26, 2013. It proposes modifications to the definition of “Urban Farm” as well as the following changes to the “Urban Farm” use designation in the Land Development Code:

• No minimum number of dwellings is required
• Allow processing of chickens, rabbits, and aquatic foods
• Allow additional employees
• Allow some sales of third-party products

With this change the "Urban Farm" does not even need to have any dwellings, in other words it can be totally a "business" operation next to a residential area. No dwellings required. Unlimited additonal employeees allowed, Sales of third party products allowed.

Sounds like they are seeking approval of a total business establishment in what are otherwise residential areas.

In addition, the amendment proposes creation of a new use, “Indoor Crop Production”, and an amendment that would permit the existing uses of Animal Production, Crop Production, Horticulture, and Support Housing in Agricultural (AG) zoning districts.

Another "Animal Production" addition to areas that currently allow green houses. So now we could have turkey, chiken & rabbit farms, waste composting and other animal production areas in our urban residential neighborhoods.

I wonder how much compost these hens produce?

[CptnRn]

Email all City Council members to let them know what you think of these changes here: Email All Council Members | AustinTexas.gov - The Official Website of the City of Austin

[Biscuits]

To my knowledge, anyone can currently grow unlimmitted produce on an a SF lot; with or without dwellings. To gain the benefits of falling under the current Urban Farm zoning classification (employees and on-site sales being the biggest) the lot must be at least 1 acre. Possibly I'm incorrect about needing a dwelling but I find it difficult to believe that Code Compliance would have an issue with vacant lots being landscaped with any form of plant; be it grass, vegetables, or trees.

[CptnRn]

The editorial in the Statesman reached the same conclusions I did.

Urban farms ordinance isn

Mayor Lee Leffingwell hit the nail on the head this week when he expressed concerns that proposed revisions to the urban farm ordinance will further commercialize single family-zoned neighborhoods. That is true. And it is not surprising, given that the rewrite of the ordinance was conceived, controlled and drafted mostly by advocates of urban farms.

As commercial enterprises, urban farms have been granted preferential treatment through city codes to operate in neighborhoods zoned for single families. Proposed new recommendations would expand their reach and further erode single-family zoning protections. And the impact would be greatest on East Austin neighborhoods, where all but a few urban farms are located.
Under proposed revisions urban farms could continue to operate in residential neighborhoods as long as the property is between 1 and 5 acres. That is fine, as long as those farms were limited to raising and selling fruits, vegetables, other produce, plants and eggs. But it goes too far by writing into the code a provision that permits the slaughtering and composting of chickens and rabbits for commercial purposes. That practice, which already drew complaints from Louis Polanco who lives in the Govalle neighborhood of East Austin, should be banned. There is not only the stench of composting/processing dead animal parts as Polanco complained about but also legitimate concerns about health and safety hazards.

The proposed new rules also would expand commercial activities in neighborhoods through so-called market gardens. Under that concept, people would be permitted to buy vacant lots of less than an acre in neighborhoods they don’t live in on which they could start small-scale urban farms to sell produce and eggs. Again, East Austin with the best soil for growing vegetables would be affected more than other neighborhoods. But the rules would allow market gardens to expand across the city. Critics have said that provision would lead to a land grab in East Austin. Perhaps. We see it as potentially harmful to the city’s goal of expanding the stock of affordable housing in the center city. If market gardens do gobble up those lots, they no longer would be available for lower-income housing the city wants to build with money from bonds or other sources. That provision also should be banned.


Another provision that has the potential to damage neighborhood integrity is one that would permit urban farms to expand their commercial reach beyond farming to hosting large events. That would bring noise, traffic and congestion from parking problems to residential neighborhoods. That provision could be salvaged by requiring urban farms to get proper permits for parking and noise and to coordinate with neighbors when staging large events.

[Trainwreck20]

There are some state (TCEQ) level rules that would still apply:

RULE §106.241 Slaughterhouses

Any facility where animals or poultry are slaughtered and prepared for human consumption provided that waste products such as blood, offal, and feathers are stored in such a manner as to prevent the creation of a nuisance condition and these waste products are removed from the premises daily or stored under refrigeration until removed are permitted by rule. In addition, areas used to hold animals or poultry for slaughter shall be kept dry and clean to control odors.
Source Note: The provisions of this §106.241 adopted to be effective March 14, 1997, 22 TexReg 2439; amended to be effective September 4, 2000, 25 TexReg 8653

Also, from 30 TAC 332.3

(c) Operations requiring notification. The following operations are subject to all requirements set forth in Subchapter B of this chapter (relating to Operations Requiring a Notification), the general requirements found in §332.4 of this title, and the air quality requirements in §332.8 of this title:

(1) operations that compost any source-separated meat, fish, dead animal carcasses, oils, greases, or dairy materials; and

From 332.4:

(2) Nuisance conditions. The composting, mulching, and land application of material shall be conducted in a sanitary manner that shall prevent the creation of nuisance conditions as defined in §330.2 of this title (relating to Definitions) and as prohibited by the Texas Health and Safety Code, Chapters 341 and 382 (relating to Minimum Standards of Sanitation and Health Protection Measures; and Clean Air Act), the Texas Water Code, Chapter 26 (relating to Water Quality Control), §101.4 of this title (relating to Nuisance), and any other applicable regulations or statutes.

and 332.8

(c) Notification operations. Composting operations required to notify under §332.3(c) of this title which meet the following requirements are entitled to an air quality standard permit.

(1) The setback distance from all property boundaries to the edge of the area receiving, processing, or storing feedstock or finished product must be at least 50 feet.

Now, that is just a real quick look, so maybe I am missing something, but it looks like state law requires a 50 foot setback from the property line if you are composting meat/meat by-products. That would trump city ordinance.