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HomeMy WebLinkAboutZOA-11-02CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER BERRY COUNCIL BILL NO. 17 ORDINANCE NO. 1491 Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTER 26 TO SUPPORT URBAN AGRICULTURAL USES AND ACTIVITIES WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City's Comprehensive Plan, Envision Wheat Ridge, establishes that the City will work to promote access to healthy foods and support urban agriculture according to Policy SF 4.2 Accessible Healthy Foods; and WHEREAS, said plan includes the recommendation to "revise regulations to allow farmers' markets, produce stands and urban agriculture" within the City; and WHEREAS, the City Council of the City of Wheat Ridge wishes to amend the Wheat Ridge Code of Laws (the "Code ") to accomplish these goals. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26 -123, entitled "Definitions," is amended to review the definition of "Building, accessory," to read: Building, accessory. A subordinate building or portion of a main building the use of which is incidental to that of the main building 0 )R7JE on the same lot. These accessory buildings shall include, but are not limited to, private storage sheds, detached garages, detached carports, membrane structures that meet current bu�ldmg code requirements, chicken coops, gazebos, greenhouses and barns. SAN TF 1%04AW URBAN. - S, RCtEN.:U.5F - % �rAN accessory building must be clearly subordinate to a main tw+sia BlILIDANG located on the same lot AND, an accessory structure shall not be located on a vacant lot devoid of a main building. Section 2: Section 26 -123 of the Code is amended to include the following new definitions in appropriate alphabetical order: Section 3: The Table of Uses in Section 26 -204 of the Code are amended to read: TABLE INSET: Table of Uses -- Residential Uses Notes R- R- R- R- R- R- R- R- 1 1A 1B 1C 2 2A 3 3A Cane- family P P P P � P P P P dwelling Two - family P P P P dwelling Three - family P P P dwelling Uses Notes R- R- R- R- R- R- R- R- 1 1A 1B 1C 2 2A 3 3A Four- family P P P dwelling Multifamily P P dwelling Bed and breakfast See § 26 -608 S S S S S S S S Church, parish S S S S S S S S house Day care home, S S S S S S P P large Electric S S S S S S S S transmission substation NOT PERMITTED AS AN ACCESSORY USE ON PROPERTIES WHERE THE PRIMARY USE IS A FARMERS' S1NIZLE-.OR TWO- FAMILY P P P P P P P P MAFtECETS t1G1ME. UF3MIT CAL TO CO(NMUNITY DEVEL6)PMET+FT Iff PARTMENT REQUIRED. SEE § 26 -535 Foster care home P P P P P P P P Governmental and quasi - governmental No outside storage P P P P P P P P buildings, fire stations and public utility buildings Governmental and quasi - governmental Outside storage S S S S S S S S buildings, fire stations and public utility buildings Parking of Shall be allowed only on lots P � P P P P P P P automobiles of containing nonresidential or I I I Uses Notes R- R- R- R- R- R- R- R- 1 1A 18 IC 2 2A 3 3A clients, patients or quasi - public uses, subject to patrons of adjacent § 26 -501 CA commercial or nonresidential uses Parking of Shall be allowed on lots automobiles of adjacent to business only if S S S S S S S S clients, patients or the business owner also patrons of adjacent owns the adjacent lot commercial uses Includes: noncommercial P P P P P P P P Parks playgrounds or other public recreation uses SEA § $ -636 WHERE LOCAT- ON A1: ►T WITH A RESIVENTI !kt PRODUCE DWE1 LING tiNlT,`NIUIST P P P P P P p P STANDS MEET HOfAE 0 C 6, 000 f314 0 UL 111101tS PER 26- Is13: Public or private golf courses, Restaurants, lounges and country clubs or bars permitted as accessory S S S S S S S S clubs operated for to a public or private golf the benefit of members only and course not for gain Public and private S S S S S S S S schools, colleges and universities. Residential group See § 26 -612 S IS S IS S S S S home for children Residential group homes, nursing homes, and P P P P P P P P congregate care See § 26 -612 facilities for 8 or fewer elderly persons Uses Notes R- R- R- R- R- R- R- R- structure 1 1A 1B 1C 2 2A 3 3A Residential group Accessory buildings shall not be located on a vacant lot Accessory buildings devoid of any primary or main building, EXCEPT FOR URBAN_GAR{3EN USES; WH ICH MAY-OR OR'MAY NO'T __ HOL A PRIMARY OR fiAAIN BUXPING NO7 I?ERMITTER AS AN ACCESSORY 1JSE ON homes, nursing PROP?EFtT1E5 WHfiRE'iTHE PRIMAFRY USE A SIN QL& OR TWO FAMILY HOME. SEE § >26 635 Household pets, limited to no more than 3 dogs and 4 Plus their unweaned offspring cats homes, or See § 26 -603 S S S S S S S S congregate care See § 26 -612 facility for 9 or more elderly persons U ° � SEA § Z6 -637 P P P P P P P P GARDENS Wind powered S S S S S S S S electric generators Not in excess of 35 feet TABLE INSET: Accessory Uses For Notes Residential Districts Bee keeping See § 26 -603 and 607 Ancillary uses operating within a church's primary e.g.: Day care centers, scout meetings structure Home occupations, [NC�U MIN G PRO QPE See § 26 -613 ANC3 § 26-636 FOR PRODUCE STANDS STANDS See § 26 -123; 605 (excludes keeping of swine); 606. Accessory buildings shall not be located on a vacant lot Accessory buildings devoid of any primary or main building, EXCEPT FOR URBAN_GAR{3EN USES; WH ICH MAY-OR OR'MAY NO'T __ HOL A PRIMARY OR fiAAIN BUXPING NO7 I?ERMITTER AS AN ACCESSORY 1JSE ON FARMEF2 ` MRRKETS PROP?EFtT1E5 WHfiRE'iTHE PRIMAFRY USE A SIN QL& OR TWO FAMILY HOME. SEE § >26 635 Household pets, limited to no more than 3 dogs and 4 Plus their unweaned offspring cats Private swimming pools and See § 26 -603 tennis courts and other Accessory Uses For Notes Residential Districts 2 recreational facilities Public and private S communications towers, For satellite earth receiving stations, see § 26 -616 and § television or radio antennas 26 -617 Public utility lines and poles, irrigation channels, storm Cemeteries and crematories drainage and water supply S facilities Rooming and /or boarding of On a contract basis for not less than 7 days not more than 2 persons S C 0" CaARDENVS SEE § 24-637 Water towers or Not in excess of 35 feet aboveground reservoirs TABLE INSET: Table of Uses -- Agricultural and Public Facilities Uses Notes A 2 PF Subject to requirements set forth in § S S Bed- and - breakfast 26 -608 Cemeteries and crematories Not including funeral homes S S S S Churches parish houses S S Day care home, large S S Day care center, large S S Day care center, small Uses Notes A 2 PF Provided that outside runs which are Dog kennels, catteries, adjacent to residentially zoned or S S veterinary hospitals used property are no closer than 25 feet to a side or rear lot line Electric transmission S S substations PROHIBITED in A -1: The raising or General farming and raising or keeping of swine INCLUDED in A -2: The keeping of keeping of stock, bee keeping, swine and/or potbellied pigs, Sus P P poultry or small animals such as Scrofa Vittatus, except such animals rabbits or chinchillas shall not be fed garbage SUBRI17PAAVI GOMNItJN1TY FARMERS' MARKETS Peet OP11f11ENT DEPARTMENT P P P REGtiJEREt). SEE. §.26r63S Foster care home P P Fish hatcheries P P Governmental and quasi- No outside storage governmental buildings, fire P P P stations and public utility buildings Governmental and quasi - governmental buildings, fire Outside storage S S P stations and public utility buildings Greenhouses and landscape nurseries, including both See § 26 -624 P P wholesale and retail sales of related products P P One - family dwelling Includes noncommercial playgrounds P P P Parks or other public recreation uses Uses Notes 1 I2 PF -�r e Public and private schools, colleges, and universities Public or private golf courses, country clubs or clubs operated for the benefit of members only and not for gain _ Race track, fair grounds, amusement resorts, heliports, radio towers and stations Residential group homes for 8 or fewer elderly persons Residential group or nursing homes, or congregate care facilities for 9 or more elderly persons Residential group homes for children Riding academies and public stables SEE ;§ 26 -836, WHERE 40TEE3 ON A LOT WITH A RESIDENTIA.0 gWELI:ING tJNIL,,Mt7T.N19ET P P P tiOlUlE rC?GCUFATION REGIJLATIt3FIS PER §i26 -611 In public facility district only public S S P schools Not including a private club which I S I S provides service customarily carried on as a business See § 26 -612 See § 26 -612 See § 26 -612 Provided that any structure housing animals which is adjacent to a residentially zoned or used property shall be no closer than 25 feet to a side or rear lot line R MR S MR_ LITfiBAN<GftRC)M I SEE § 26 =637 P I Y Wind- powered electric S S generators not in excess of 35 feet. fj TABLE INSET: Agricultural and Public Facilities Notes Districts Accessory Uses Home occupations, INCLUDING Meeting the definition and standards in § 26- PROt51JCE STANDS 613 AND, FOR PRODUCE STANDS, § 26- 636 Detached private garage or carport FA,[2MERS' MARKETS SEE § 26 635 Household pets, limited to no more than plus their unweaned offspring 3 dogs and 4 cats Parking of equipment, implements, machinery and /or large trucks, trailers and semi - tractor trailers, when used in support of agricultural and public maintenance operations Private storage sheds, barns, animal shelters or outbuildings Private swimming pools and tennis See § 26 -603 for related requirements courts Public utility lines and poles, irrigation Includes other similar facilities such as channels, storm drainage and water electric transmission lines and poles supply facilities Includes other similar communications receiving or sending devices. None may Public and private communications exceed 35 feet in height, whether ground or towers, television or radio antennas structurally mounted. For satellite earth receiving stations, see § 26 -616 and 26 -617 Rooming and /or boarding for not more On a contract basis for not less than 7 days than 2 persons URSAN GARDENS SEE t26 Water towers or above ground Not in excess of 35 feet reservoirs Table of Uses -- Commercial and Industrial Districts TABLE INSET: Uses Notes NC RC j P t In accordance with Wheat P P P Adult entertainment Ridge Code of Laws, Chapter establishments 3 P P P P Ambulance services S P P Amusement parks Animal veterinary hospitals With outside runs; no P P and clinics cremation Animal veterinary hospitals Where there are no outside S P P P P pens or runs for dogs; no or clinics cremation In NC & RC Districts: Provided S P P P P that no more than 200 square Antique stores feet of building area shall be allocated to repair Apparel and accessory See Footnote 1 S P P P P stores Appliance stores and P P P incidental service and repair P P P P P Art galleries or studios See Footnote 1 Assembly halls and P P P convention facilities S P P Auction houses Auto service, repair and P P P maintenance shops, minor See § 26 -631 Auto service, repair and S P P maintenance shops, major See § 26 -631 10 Uses Notes NC RC 2 1 Automobile and light -duty See § 26 -628 S S S truck sales and rental Automotive parts and P P P supplies sales Bail bonds businesses See Footnote 2. See § 26 -634 P P for distance requirements. Bakeries, retail See Footnote 1 S P P P P See § 26 -633 P P P P P Banks, loan and finance offices Bed and breakfast homes Subject to requirements set P P P P P forth in § 26 -608. Bicycle stores See Footnote 1 S P P P P Blueprinting, photostatic EXCLUDING: Large printing, S P P P P copying and other similar publishing and /or book binding reproduction services establishments See Footnote 1 Boat, recreational vehicle S S S and trailer sales, rentals See § 26 -628 and service S S S Body art establishments Book stores, stationery and See Footnote 1 S P P P P card stores Building contractor's service S P P shop and storage yard incidental to an See § 26 -629 office /showroom principal use. Business machine or See Footnote 1 S P P P P computer stores Butcher shops and food EXCLUDING: Food P P P lockers processing II Uses Notes NC RC 2 ' Cabinet and woodworking S shops Camera and photographic See Footnote 1 S P P P P service and supply stores Candy, nut and See Footnote 1 S P P P P confectionery stores Caretaker residence Only one (1) unit for caretaker P P P P or manager Carpet cleaning and S fumigating Carting, express, hauling or S storage yard Car wash, automatic S P P Car wash, coin operated S P P Caterers P P P Day care center, large P P P Day care center, small P P P Clinics and offices for the C -1, C -2 & I INCLUDE: S P P P P counseling and treatment of Residential facilities. NC & RC EXCLUDES: psychological, social, marital, developmental or Residential facilities similar conditions, ALL districts INCLUDE: excluding substance abuse Counseling and treatment for clinics alcoholism P P Cold storage plant Commercial machine S P P shops 12 Uses Notes NC RC C - 2 e.g.: YMCA's, YWCA's, P P P P P Community buildings churches, libraries, parks, museums, aquariums and art galleries. Construction and heavy P P equipment sales, service, See § 26 -629 rental and storage Contractor's plant or S storage yard Dairy products stores See Footnote 1 S P P P P Day care center and P P P preschools, large Day care center and P P P preschools, small Department or variety P P P stores P P P Drug stores Eating establishments, S S S S S drive through Eating establishments, sit S P P P P down Electric transmission and S S S S S public utility substations Electrical motors and S armature regrinding shops Electrical supplies and EXCLUDING: Contractors P P P service storage yards Subject to § 26 -628; in RC P P P P Equipment rental District: Outside storage and agencies display prohibited P P P P Exterminators 13 Uses Notes NC RC 1 2 Farm equipment sales, See § 26 -628 P P service and storage SUBMITTAL. TO P P P P P COMMUNITY FARMERS' MARKETS C1E1tEOPMENT DEPAE2TMENT RECILJIRER SEE § 26.635 Floral shops See Footnote 1 S P P P P P P P Furniture stores S P P P P Garden supply stores See Footnote 1 Gift, novelty or souvenir See Footnote 1 S P P P P stores INCLUDES: Private clubs, P P P restaurants and lounges, driving ranges, and those uses Golf courses commonly accepted as accessory thereto when located on the same premises Governmental and quasi- P P P P P governmental buildings and No outside storage offices, fire stations or public utility buildings Governmental and quasi- S S S P P governmental buildings and Outside Storage offices, fire stations or public utility buildings Greenhouses and S S P P P landscape nurseries, retail See § 26 -624 Greenhouses and S P P landscape nurseries, See § 26 -624 wholesale 14 Uses Notes NC RC ? 2 t Grocery or convenience See Footnote 1 P P P P P stores, no gas pumps Grocery stores which may S S S P P include no more than 1 gasoline service island with See Footnote 1 no more than 2 dispensing pumps Hair, nail and cosmetic P P P P P services S P P P P Hardware stores See Footnote 1 S P P P P Hobby and craft stores See Footnote 1 P P P Home furnishing stores Home improvements P P P supply stores There shall be 1,000 square S S S Hotels or motels for feet of gross lot area for each transient occupancy. unit P P Ice plants e.g.: Roller rinks, bowling P P P Indoor amusement and alleys, arcades and similar recreational enterprises uses PROHIBITED: Outdoor flea P P P Indoor flea markets markets 5 P P P P Interior decorating shops S S S Itinerant sales See § 26 -630 S P P P P Jewelry stores See Footnote 1 S Kennels 15 Uses Notes NC RC 2 / Laundry and dry cleaning S S P P P shops Laundry and dry cleaning P P P P P pick up stations Leather goods and luggage P P P stores Linen supply P P P Liquor stores P P P Locksmith shops P P P P P Unenclosed storage of any P P P Lumber yards and building materials shall be screened supply stores from view from adjacent properties and streets PROVIDED: An antidote S exists and is readily available for such vaccine, serums or Manufacture of vaccines, toxins; and approval of such serums and toxins manufacture is received from the state department of health and the county health department Manufacturing, processing, See § 26 -505; § 26 -631 and § P P assembly, or light industrial 26 -123, definitions operations Manufacturing, fabrication S and /or processing of concrete products See Chapter 11, Article 10 P P P P P Massage therapist Code of Laws for additional restrictions See Chapter 11, Article 10 P P P P P Massage therapy center Code of Laws for additional restriction 16 Uses Notes NC RC 9 2 A Meat, poultry or seafood See Footnote 1 S P P P P stores Medical and dental offices, P P P P P clinics or laboratories, Pharmacies and optical stores excluding substance abuse are accessory use clinics Mini - warehouses for inside - P P storage Mobile or modular homes See § 26 -628 S S or building sales Mortuaries and S S S crematories Motor fueling stations S P P Motorcycle sales and See § 26 -628 P P P service Music stores See Footnote 1 S P P P P Newsstands For the sale of newspapers, P P P P P magazines, etc. Office supply stores See Footnote 1 S P P P P Offices: General P P P P P administrative, business and professional offices Optical stores See Footnote 1 S P P P P Outdoor amusement S P P facilities Paint and wallpaper stores See Footnote 1 P P P P Parking of automobiles of P P P P P clients, patients or patrons Subject to § 26 -501 CA of adjacent commercial or nonresidential uses 17 Uses Notes NC RC 1 2 i Parking of not more than 3 See § 26 -619; § 26 -123, S S S commercial truck - tractors definitions and/or semi - trailers When in conformance with the parking design standards set forth in § 26 -501 It is not intended that such parking limitations shall apply to pickup and delivery trucks normally associated with business operations Pawnshops S Pet stores See Footnote 1 S P P P P Pharmacies S P P P P Picture framing shops See Footnote 1 S P P P P Plumbing and heating EXCLUDING: Outdoor storage P P P supply stores and shops yards Printing, engraving and S other related production processes Private clubs, social clubs, P P P bingo parlors and similar uses PRt3DUCE STAt,DS $E� t 26-636 P P P P P Psychic advisors and S S S P similar uses Research laboratories, P P offices and other facilities for research 18 Uses Notes NC RC 1 2 t Residential group and P P P P P nursing homes and congregate care facilities for 8 or fewer elderly persons Residential group and S S S nursing homes and congregate care facilities for 9 or more elderly persons Residential group home for S S S children Such residential uses may be P P P P P Residential uses in extended, enlarged, and /or existence on 3/11/97 reconstructed so long as no additional dwelling units are created Residential uses in See § 26 -626 P P P P P commercial zones Rooming and S S P P P boardinghouses RV, boat, trailer and travel See § 26 -628 P P trailer storage Sales, repair, rental and P P servicing of any commodity that the manufacture, fabrication, processing or sale of which is permitted in the district Schools for industrial or S S business training, including Conducted entirely within an vocational trade or enclosed building professional schools INCLUDES: Those uses S S S P P commonly accepted as Schools: public; private necessary thereto when colleges and universities located on the same premises 19 Uses Notes NC RC 2 Shoe repair shops P P P P P Shoe stores See Footnote 1 S P P P P Shops for custom work or P P for making articles, materials or commodities to See § 26 -631; § 26 -632 be sold at retail on the premises In accordance with Wheat P P P Social club Ridge Code of Laws, Chapter 11, Article XI Sporting goods stores See Footnote 1 S P P P P Stone cutting or polishing P P works Studio for professional work P P P P P or teaching of fine arts, photography, music, drama or dance S S P Substance abuse clinics Tailor, dressmaking or P P P P P clothing alteration shops Taverns, night clubs, P P P lounges, private clubs and bars Television, radio, small S P P P P appliance repair and See Footnote 1 service shops Temporary Christmas tree, P P P P produce and bedding plant See § 26 -627 sales lots P P P Theatres, indoor Tobacco stores See Footnote 1 S P P P P 20 Uses Notes NC RC 9 2 Toy stores See Footnote 1 S P P P P Transit station, public or S S S private URBAN GARDENS SEE § ?6 -637 P P P P P Upholstery shops P P P Video rentals See Footnote 1 S P P P P Warehousing and outside See § 26 -631 P P storage Maximum 75% total area as S P P Warehouse /office warehouse; minimum 25% as total area as office Watch and jewelry repair P P P P P shops Woodworking or carpentry S P P shops for the making of articles for sale upon the See § 26 -632 premises, such as cabinets or custom furniture Footnote: 1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC Districts. 2 In addition to being allowed as a Permitted Principal Use in the C -2 and I zone districts, bail bonds businesses may be permitted in Planned Industrial Development districts if approved as part of an Outline Development Plan (ODP) and in conformance with the requirements of Code section 26 -634. 21 TABLE INSET: Commercial and Industrial District Accessory Uses Notes Accessory buildings and structures See § 26 -625 Electric transmission or other public utility lines and poles, irrigation channels, storm drainage and water supply facilities FARMERS' MARKETS SEE § 26-635 Food services Primarily for the occupants of a building containing a permitted use when located within the same building PRbbtjCE STANDS SEE 636 Residential uses in commercial zones See § 26 -626 Outside storage or display See § 26 -631 URBAN GARDENS SEE § 26-6a7 Key: P = Permitted Principal Uses S = Special Uses Section A: Section 26 -502 of the Code is amended to read: Sec. 26 -502. Landscaping requirements. A. Landscaping defined: A combination of living plants, such as trees, shrubs, vines, groundcover, flowers, VEGETABLE PLANTS, sod or grass; and may include natural features, such as rock, stone and bark; and structural features, including, but not limited to, fountains, reflecting pools, art work, screen walls, fences and benches. Uncontrolled weeds shall not be considered as landscaping; however, maintained natural grasses and natural flowers may be considered as landscaping. Sidewalks, whether paved or gravel, which serve as functional links between parking areas and main structures, or which serve as general public access routes around a main structure, or between a main structure and a public street or alley, shall not be counted as landscaping. Other sidewalks or paths which serve as casual access to or through landscape areas may be counted a nonliving landscape features. 22 Section 5: Section 26 -613 of the Code is amended to read: Sec. 26 -613. Home occupations. A. Home occupation. Home occupations are permitted as accessory uses to any conforming (as to use) residential dwelling; provided, however, that the following requirements are met: 1. Such use shall be conducted entirely within a dwelling or accessory structure except for sales of plants; aid produce, OR4TtiEFt AGRICLTU URAL PRODUC % grown. RAISER, QR PROD,tJCEp on the premises and carried on only by the inhabitants living there, with the exception that should the operator be substantially, physically handicapped a nonresident may be employed to assist the operator in his work to the extent he requires it to make up for his physical handicap. 2. Not more than one (1) employee may live off - premises. 3. Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. 4. The total area used for said purposes shall not exceed twenty -five (25) percent of the gross floor area of the user's dwelling unit 5. .:� a .« u, c + z �� k +s EACH 11. Home occupations are limited to the following business or commercial activities: a. Craft work, such as the making of pottery, jewelry or dolls, flower arranging, smithing and woodworking. b. Garment work, such as tailoring, dressmaking, millinery work, ironing and garment repair. c. Office uses, such as office uses for door -to -door, home party and telephone solicitation sales, investment counseling, typing, notary public, travel services, surveyors, physicians, dentists, lawyers, accountants, architects, engineers and other similar services. d. Repair services for electronics, small appliances, and mechanical devices, bicycles and upholstery. e. Tutoring, music lessons, dance lessons, gymnastics lessons, swim lessons and tennis lessons. f. Artistic endeavors, such as art studios, portrait studios, photography studios, writing and lithography. g. Garage sales, not to exceed four (4) three -day periods, which need not be consecutive, per calendar year. h. Hair care services carried on by only one (1) inhabitant of the dwelling. No other employee shall be permitted. 23 i. Small day care home. j. Sales directly related but merely ancillary to the primary home occupation, such as: (1) Sale of hair care products by a beautician or barber. (2) Sale of accompaniment items, such as neckties, bows, ribbons or belts for a tailor or dressmaker. (3) Sale of component parts or accessories used in repair services for electronics, small appliances, bicycles, etc. (4) Supplies related to a class, course of instruction, or lessons conducted on the site. (5) Sale of artistic or craft works which were created on the site, such as 24 Section 6: Sections 26 -635, 26 -636, and 26 -637 are hereby added to Article Vl. Supplementary Regulations: 25 2b Section 7: The Table of Uses in Section 26 -1111 of the Code are amended to read: Permitted Uses Use Group MU -C MU -C Interstate MU -G TOD MU -N Residential Assisted living facility P P P P Dwelling, single detached NP NP NP P Dwelling, single attached P P P P Dwelling, duplex P NP NP P Dwelling, multiple P P P P Dwelling, live /work P P P P Foster care home NP NP NP P Residential group home P P P P Public Civic; and institutional Community buildings and cultural facilities, including libraries, museums, and art galleries P P P P Hospital C C C NP Parks, open space, playgrounds, and plazas P P P P Place of worship P P P P Public uses and buildings P P P P Recreation facilities, indoor and outdoor P P P P Schools, public and private, colleges, universities, and trade schools P P P P Utilities, mayor NP NP NP NP Utilities, minor P P P P URBAN GARDENS (SEE §26- 637) P P P P Transit stations, public or private C C C C Commercial Services and Retail Adult entertainment NP NP NP NP Animal daycare, indoor with no outdoor runs or pens P P P P Bail bonds (per §26 -634) C C NP NP Banks and financial institutions, no drive - through or drive -up P p P P Banks and financial institutions, with drive - through or drive -up C P C C Bars, taverns, and night clubs P P P P 27 Permitted Uses Use Group MU-C MU -C Interstate MU.0 TOD MU -N Bed and breakfast P P P P Car washes NP C NP NP Day care center, child and adult P P P P Drive -up or drive - through uses C P C C (per §26-1106.E) Eating establishment, sit down P P P P Eating establishment, drive- C P C C through or drive -up Fast food eating establishment, C P C C drive- through or drive -up Motor fueling stations C C NP C Motor vehicles sales, outdoor NP NP NP NP display Motor vehicle sales, indoor display P P C C Outdoor storage NP NP NP NP Pawn brokers NP NP NP NP Personal services P P P P Photocopying and printing P P P P PRODUCE STANDS (SEE §26- 6;..4 Afi1D. §26 61 FOR HOME P P P P oceupATrONS) Recreation facilities, commercial P P P P Repair, rental and servicing of C P C C automobiles, no outdoor storage Retail sales — up to 20,000 gsf for P P P P one tenant space Retail sales — up to 60,000 gsf for P P C C one tenant space Retail sales — over 60,000 gsf for C C NP NP one tenant space URSAN G1k1RUENS (SEE §26- 637) P P P P Veterinary clinics and hospitals, P P P P no outdoor runs or pens Hospitality and Entertainment Art studios and galleries P P P P Hotels, motels, and extended stay lodging P P P P 28 Permitted Uses Use Group MU -C MU -C MU -C TQD MU -N MAXIMU MINIMU Interstate TYPE OF ALLOWE Studios, including art, music, SIZE AND M M REQUIREMENT dance, television and radio P P P P broadcasting stations S Theaters P P P P Office and Industrial Medical and dental clinics P P P P Offices P P P P Office- warehouse, no outdoor C C C NP storage NO LARGER 9 PER MAY Y BE - AY Outdoor storage NP NP NP NP Restricted light industrial C C C NP Wholesale C C C C Ancillary Uses Parking facilities P P P P Temporary Uses Special events, including festivals MARKET tS IN SfGN and farmers markets. FOR P P P P I FARMERS' MARKETS, SEE § 26.635 SEE �'2 &-535 Key: P = Permitted C = Conditional Use (see § 26 -1117) NP = Not Permitted Section 8: Table 1 in Section 26 -709 of the Code is amended to include the following sign types: TABLE INSET: TABLE 1. SIGN STANDARDS IN RESIDENTIAL, AGRICULTURAL, AND PUBLIC FACILITIES ZONES (R -1, R -1A, RAB, R -1C, R -2, R -2A, R -3, R -3A, A -1, A -2, PF) MAXIMUM MAXIMU MINIMU OTHER TYPE OF ALLOWE PERMIT SIZE AND M M REQUIREMENT SIGN D REQUIRED HEIGHT PER NUMBER SETBAC S SIGN K 13. Miscellaneous MAY NOT BE 01, NO LARGER 9 PER MAY Y BE - AY FARMER YES THAN 60 FARMER NONE f3N p1SPLAY S' NO SQUARE S' WHEN THE MARKET FEET. MARKET MARKET tS IN SfGN tSRERATIC4N. SEE �'2 &-535 29 TABLE 1. SIGN STANDARDS IN RESIDENTIAL, AGRICULTURAL, AND PUBLIC FACILITIES ZONES (R -1, R -1A, R -18, R -1C, R -2, R -2A, R -3, R -3A, A -1, A -2, PF) MAXIMU MAXIMUM MAXIMU MINIMU OTHER TYPE OF ALLOWE PERMIT SIZE AND M M REQUIREMENT SIGN D REQUIRED HEIGHT PER NUMBER SETBAC S REQUIRED HEIGHT SIGN K PER SIGN WHERE 13. Miscellaneous PRODLIGE s�ANn Is A HOME t2GCUPATl4N THE sME MAY NOT:BE MU41f II LUMI"o NOFQR RE QLIIREMER MAYO Li R. TEMPORARY T T S FOR HOME ffN,DPw, PRODUG YES FREESTANDI NG SIGNS, O4"GtlF?ATION 1 PER 5 FEET t2U M ETI,PiG ONTHS E ST AND YES FOR SIGNS;IN.F STAND WHEt1'THE SIGN PERMANENT ALL OTHER PRODUCE WALL SIGNS. PROOLIG E STANDS ".MAy STAfitO'IS OPERATIONAL SIGNU S[GN UR -TQ 6 SEE § 26 636 sQUARE WISE ZE AN6 tIP TOS.FEET IN ftE3Cal'tT: MAXIMUM S SIZE OF'6 URBAN SQUAREFEET MAY NOT BE GARDEN YES YES AND 1 5 FEET ILLUMINATED:. SIGN MAXIMUM SEE§ 26 HEIGHT OF =5 FEET Section 9: Table 1 in Section 26 -710 of the Code is amended to include the following sign types: TABLE INSET: TABLE 1. SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL AND MIXED USE DISTRICTS (NC, RC, C -1, C-2, 1) MAXIMU M SIZE MAXIMUM MINIMUM OTHER TYPE OF ALLOWED PERMIT AND SETBACK REQUIREMENTS SIGN REQUIRED HEIGHT NUMBER PER SIGN 13. Miscellaneous 30 TABLE 1. SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL AND MIXED USE DISTRICTS INC, RC, C -1, C -2, 1) MAXIMU M SIZE MAXIMUM MINIMUM OTHER TYPE OF ALLOWED PERMIT AND SETBACK REQUIREMENTS SIGN REQUIRED HEIGHT NUMBER PER SIGN MAY NOT BE ILLUMINATED, MAY ONLY BE GF- NO FARMERS YES LARGER 1PER WHEN THE MARKET NO THAP150 FARMERS NO MARKET IS IN SIGN SQUARE * MARKET OPERATION; FEET.. SEE §36 635 MASfkMG! MAY NOT SE M SIZE ILLUMINATED. NO.EER OF & MAY ONLY BE R TEMPORARY SQUARE ON DISPLAY PRODUCE FREESTANOW FEET 1PER DURING STAND YES G SIGNS. Y'ES AND STAN[? 5 FEET MONTHS WHEN SIGN PER MAXlMtI THE PRODUCE PERMANENT M STANDlS WALLSIGNSi HEIGHT 6PEE2ATIONAL OF'S SEE FEET. MAXtMU M SIZE OF °;! SQUARE S, URBAN FEET MAY NOT BE GARDEN YES YES AND 1 5 FEET ILLUMINATED. SIGN M"U SEE ,§ U4# lilt HEIGHT OF3 FEET Section 10: Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 11: Severabiiity' Conflicting Ordinances Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall 31 not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 12: Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 9th day of May, 2011, ordered published with Public Hearing and consideration of final passage set for Monday, May 23rd, 2011 at 7:00 p.m„ in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 5 to 2 , this 2 of May 2011. SIGNED by the Mayor on this 23rd day of May 2011. WISM31 Michael Snow, City Clerk Appr ved As To Form ,% -. i r� r Ger d E. Da I, City Attorney First Publication: May 12, 2011 Second Publication: May 26 2011 Wheat Ridge Transcript Effective Date: June 10, 2011 32 City Council Minutes May 23, 2011 Page 2 CITIZENS' RIGHT TO SPEAK Karen Thaler, thanked the Wheat Ridge Police Department for the Citizen's Police Academy which she graduated from last Wednesday. Ms. Thaler stated that the information offered during the program is very informative and expressed that the academy lasts twelve weeks and is open to residents of the City. Ms. Thaler recommended that residents also consider taking the City of Wheat Ridge Citizens Academy in the fall. David Land, a Wheat Ridge 2020 board member and a participant in the 38`" Ave stakeholders meetings announced that the meetings have been well attended with a variety of citizens and business owners. So far there have been two meetings with the third upcoming meeting on June 7 The group has a vision statement and guiding principles in place, as well as, four corner stones to circle back to on every aspect of the project. These are identity, vitality, appeal, and mobility. Mr. Land stated that recent talks have focused on business retention, improving circulation from a pedestrian and automobile stand point, roadway design, and ways to calm traffic. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill 17 -2011 — amending Chapter 26 to support Urban Agricultural Uses and Activities. Mayor DiTullio opened the public hearing. Council Bill 17 -2011 was introduced on second reading by Ms. Berry. Deputy City Clerk Bruce Roome assigned Ordinance No. 1491. Ms. Showalter presented the staff report. The main purpose of the proposed code amendments is to support and clarify the farmer's markets, produce stands, community gardens, and community supported agriculture. Ted Heyd, planning consultant for LiveWell Wheat Ridge. Mr. Heyd is glad to be part of the review process for this ordinance. He thanked City staff, the Planning Commission and City Council for getting to this point in the process of considering this code amendment. LiveWell Wheat Ridge supports the ordinance. Jesse Hill, has had the pleasure over the last year to work with LiveWell Wheat Ridge. Mr. Hill supports the ordinance but would like to see an amendment removing language that states that produce sold at these stands needs to be grown on site. He feels this will lead to many unintended consequences and he has not seen much support in the community for that specific part of the bill. City Council Minutes May 23, 2011 Page 3 John Lanterman, is involved in the Access to Fresh Fruits and Vegetables Task Force and is on the faculty at the University of Colorado, College of Architecture and Planning. Mr. Lanterman spoke in support of the ordinance and stated that more and more municipalities are considering urban agriculture which creates a sense of community and enhances economic activity. Kim Calomino, from Wheat Ridge 2020 spoke in support of the ordinance. She believes if Council were to pass the ordinance the community will be seen as vibrant and further the City's historical ties. Amanda Weaver, a farm owner and fruit and vegetable producer in Wheat Ridge, is in favor of the ordinance. She also teaches Urban Agriculture at the University of Colorado at Denver and agrees with Mr. Lanterman about how this is becoming a popular trend nation wide. Amy DePierre, is also in favor of this zoning amendment. She and her husband are starting a community shared agriculture garden. She feels this will poise Wheat Ridge as a municipal model for urban agriculture for Denver, as well as, the Nation. Mayor DiTullio closed the public meeting IL Motion by Ms. Berry to approve Council Bill 17 -2011 (Ordinance 1491) on second reading and that if take effect 15 days after final publication; seconded by Mrs. Langworthy; Motion by Mr. Stites to amend the original motion as follows: 1. That the submittal requirement to Community Development for urban gardens is removed: and 2. That the site plan review process for urban gardens accessory to a single or two family home is removed. Second by Mrs. Sang; motion carried 4 -3 with Ms. Berry, Mrs. Jay and Mrs. Adams voting No. Original motion, as amended, carried 5 -2 with Mr. DeMott and Mrs. Sang voting No. 2. Council Bill 18 -2011 — adopting amendments to the 2006 International Building Code, as previously adopted by reference, concerning conveyance requirements and certain referenced standards. Mayor DiTullio opened the public hearing. Council Bill 18 -2011 was introduced on second reading by Mr. Stites. Deputy City Clerk Bruce Roome assigned Ordinance No. 1492. Case No. ZOA-11-02 ryM 'Wheat Urban Agriculture 1 Urban Agriculture -- Health - Food security Community garden in public right -of -wagon a median in Seattle, WA '� W heac F�d�n Urban Agriculture 4 y L v� City M '� W heatl�c3�e vLw s f 4e— r`we ( Ir 2 Urban Agriculture — r R VUUcc JLOt tup Community Gardens, Community - Supported Agriculture, etc. ( "Urban Gardens ") j w�t�at SF 4.2 - Accessib /e Heaffhy Foods The City will continue to work with the agricultural community, small business owners, and health organimtions to provide residents with opportunities for accessible and affordable healthy foods. Strategies: A. Continue investment in community gardens; B. Revise regulations to allow farmers markets, produce stands, and urban agriculture (including shared gardens, composting, and domestic animals on large lots); and C. Preserve existing small agricultural operations (keep current agricultural zoning or allow limited agricultural operations in various zoning districts). Envision WHEAT RIDGE n M.. m, a ea Fm... I The cry a ly's gardem and hnmer's mavketpmvide access to affordable, hen /dry local foods. "&Cj_) Y "����� � s%c r ur C� Urban Agriculture Urban Airiculture Code Amendments . AeWmalzc �gziaoA asdwma -Minor changes to home «� occupation regulations to clarify ability to sell from home - �`�� -'( `` 'Q �Wh�acFZ<�� 0 Urban Agriculture Code Amendments primarily grown, raised, or produced on the site • In residential zone districts, hours restricted from 7am to sundown Urban Agriculture Code Amendments call I� LL U w � �1 restricted to 6 SF. I others • Business license required W heatR��'- 5 Urban Agriculture Code Amendments residential districts Wheat id .c ►Z._�' Urban Agriculture Code Amendments uaniici -up w w Jr • Submittal required to Community Development • Business license required W 9. , , tIIggW Ii Urban Aericulture Code Amendments non -food ornamental crops, such as flowers • Includes community gardens, market gardens, CSAs Wheat[ idga, Urban Agriculture Code Amendments would not apply to informal yard sharing on residential properties °-A'�EP al � <a,o -Wheat id e �6-L v (tizz r7 u�t�i:� r V ` Urban riculture Code Amendments adequate on- street parking new • Hours of operation restricted to 7am to sundown in residential zone districts ch o� '� W heat [�dbe Urban Agriculture Code Amendments - Residential zone districts: maximum 600 —1000 SF — Commercial zone districts: maximum 500 SF cha �WheatF�c�x: 9 Urban Agriculture �� W heatl�d�e Urban Agriculture Code Amendments • Review of ordinance by Access to Fresh Fruits and Vegetables (AFFV) task force members cMw "� W heatl�3ge 4 Urban Agriculture e '� W heal i =e Urban Agriculture Envision WHEAT RIDGE A'1 -'.' I ."'h....... III ICI CJl II.0 111 VV: I:ICCIL IUUgf= ICJ I UCI IU, • Will allow uses that positively impact health, environment, and community development Cilyd 'Wheat ul,�e 10 - City of WheatRdge P , ITEM NO: DATE: May 23, 2011 REQUEST FOR CITY COUNCIL ACTION ` r TITLE: COUNCIL BILL NO. 17 -2011 - AN ORDINANCE AMENDING CHAPTER 26 TO SUPPORT UR$AN AGRICULTURAL USES AND ACTIVITIES ® PUBLIC HEARING ❑ ORDINANCES FOR 1 sT READING (05/09/2011) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2 ND READING (05/23/2011) ❑ RESOLUTIONS QUASI -JUDICIAL: ❑ YES NO n ommunity eve ientl&for City Manager ISSUE: In the past year, the City has witnessed an increased interest in the topic of urban agriculture. Planning Division staff has received several inquiries related to urban agriculture, such as whether community gardens are allowed on vacant lots or backyards and whether greenhouses would be allowed on the same lot as a business or restaurant. For most of these topics, the current zoning code contains little to no regulations. Due to the large interest in growing and selling produce in the City, the proposed ordinance would amend Chapter 26 to clarify what urban agriculture uses are allowed in various zone districts. The proposed ordinance establishes where three main uses — urban gardens, fanners' markets, and produce stands — are allowed and includes minimal regulations for each use. PRIOR ACTION: A presentation on urban agriculture was given to City Council at a Study Session in December, 2010. At that time, Council gave staff direction to proceed with zoning code amendments that would clarify where urban agriculture uses were allowed. Council recommended a permissive approach that would allow uses such as produce stands and community gardens in all zone districts. Staff gave an update on the proposed amendments to Council at a Study Session on March 7, 2011. At the first reading for the ordinance on May 9, 2011, City Council approved the ordinance with the condition that urban gardens on residentially -zoned lots where the primary ZOA -11 -02 Council Action Form May 23, 2011 Page 2 use is a single- or two - family home be subject to the Site Plan Review Process, rather than the Special Use Permit Process. This change has been made in the attached ordinance for second reading. Planning Commission discussed the proposed code amendments with staff at a Study Session in January, 2011. At a Public Hearing on April 21, 2011 Planning Commission voted to approve the ordinance with the condition that urban gardens be allowed as a special use (rather than not permitted at all) on residentially -zoned lots where the primary use is a single- or two - family home. Planning Commission also recommended a modification to the definition of "urban garden," which as been incorporated into the ordinance. Planning Commission passed a motion recommending that staff consider a substantially reduced special use permit (SUP) fee for urban gardens that are accessory to a single- or two - family home, with the intent to encourage urban agriculture in the City and to not create a review process that will be cost - prohibitive. For more discussion of the fee topic, please see the attached memo. Due to the direction from Planning Commission, staff recommended that urban gardens accessory to single- and two - family homes are subject to the Site Plan Review, which is less expensive and less timely than the SUP process. City Council included the Site Plan Review as a condition in their approval of the ordinance upon first reading and this approach has been incorporated into the attached ordinance. Draft meeting notes from the April 21 Planning Commission Public Hearing are included as attachment 3. FINANCIAL IMPACT: The proposed ordinance is not anticipated to have a direct financial impact on the City. BACKGROUND: hi some communities, promoting urban agriculture dates as far back as the 1960s and 1970s, when community gardens first started to form in cities like New York City and Philadelphia. In the past 10 years, however, the trend to produce and sell local food in urban communities has become ever more prevalent. Urban and suburban communities are drawn to urban agriculture for a variety of reasons, including: • Economic and community development • Environmental sustainability • Connecting urban dwellers to fresh, healthy food In Wheat Ridge, a community founded on an agricultural past, there is a renewed interest in how agriculture can be integrated into a largely built -out City. Many residents already have home gardens and there is an existing community garden on City-owned land, called Happiness Gardens. However, there is demonstrated interest by residents, schools, and business to expand urban agricultural uses — including community gardens, yard sharing, community- supported agriculture (CSA), and roadside produce stands. The desire for Wheat Ridge residents to access shared gardens, especially if they do not have room on their private lot, is demonstrated by the Council Action Form May 23, 2011 Page 3 Healthy Food Assessment completed by LiveWell Wheat Ridge in 2010 (see results of this assessment in Attachment 2). The intent of the attached ordinance is to clarify where uses related to growing and selling produce are allowed in the City. Chapter 26 already contains fairly flexible provisions that allow residential homeowners to keep animals on their property as well as grow and sell produce from their home through a home occupation license. The primary amendments in the ordinance relate to urban gardens, farmers markets, and produce stands. Based on policy direction received from City Council at a Study Session in December 2010 and from Planning Commission at a Study Session in January 2011, the approach is to be quite permissive, allowing these uses in all zone districts. Process Staff started researching zoning regulations related to urban agriculture one year ago. There is a limited number of jurisdictions in the Denver metro area that have updated their codes to address urban agriculture; Denver has already passed such changes and Lakewood is currently in the process of updating their code. Thus the majority of staff's research entailed communities throughout the country — including Seattle, Cleveland, Milwaukee, and Kansas City — that have been recognized for adopting zoning codes that support urban agricultural activities. In drafting the code amendments, Planning staff sought input from relevant City departments and divisions, including code enforcement officers, the Building Division, and the Parks Department. Staff also utilized real -life inquiries from community members and residents to test the proposed code. A group of Wheat Ridge residents that are part of the Access to Fresh Fruits and Vegetables (AFFV) task force also reviewed and commented on a draft of the ordinance, providing very helpful feedback to staff. The proposed ordinance also reflects input received from Study Sessions with City Council on December 6, 2010 and March 7, 2011, as well as a Study Session with Planning Commission on January 6, 2011. Overview of Proposed Ordinance Below please find a summary of the amendments contained in the proposed ordinance. 1. Landscape Definition The definition of landscaping in Section 26 -502 is amended to include vegetable plants, to clarify that areas planted as a garden shall qualify as landscaped area. 2. Home Occupation Regulations The regulations pertaining to home occupations (Section 26 -513) are revised to clarify that the sales of produce or other agricultural products made on -site are allowed to occur outdoors (as opposed to all other home occupations, which must occur indoors). This amendment is intended to allow homeowners to establish temporary produce stands on their property as a home occupation. Council Action Form May 23, 2011 Page 4 3. Accessory Building Regulations The definition of an accessory building has been modified to clarify that urban garden uses may have an accessory structure (such as a shed or greenhouse) even if there is not a primary structure on the lot. 4. Urban Gardens Urban gardens are defined as an area of land formally managed, organized and maintained by an individual or group of individuals to grow and harvest food crops and/or non -food ornamental crops, such as flowers. Urban gardens may include community gardens (typically a non -profit model in which plots are leased for a minimal cost to growers and food is consumed or donated), market gardens (where food grown on site is sold for a profit), and community- supported agriculture, or CSA, where people purchase shares of produce from a garden or farm. In the proposed ordinance, urban gardens are allowed in all zone districts. However, prior to establishing such a use, an applicant must first submit to the Community Development Department a packet that includes a site plan and operational information (including hours of operation and proposed parking areas) for review. The ordinance also establishes some basic regulations for urban garden uses, including: • Signage: each garden would be allowed one non - illuminated sign up to 6 square feet in size and 5 feet in height • Landscape buffer: a minimum 5 -foot planted area is required wherever an urban garden abuts a property with a residential use • Parking: there is no specific requirement for off - street parking. However, if there is not adequate parking on adjacent streets, then the Community Development Department may require some on -site parking • Hours of operation: in residential zone districts, hours of operation are restricted to 7 am to sunset (and any exterior lighting must be turned off at this time) • Structures: structures such as sheds and greenhouses are allowed, but they would need to follow the limits on size and height, as well as setbacks, for accessory structures in the property's underlying zone district. As discussed above, urban gardens on residential lots that are accessory to a single- or two- family home are allowed, but the property owner must complete the Site Plan Review Process for the garden. This additional review is proposed due to concerns about high intensity of use in residential areas and potential negative impacts, such as traffic, that an urban garden might generate. The intent is that formally managed gardens, typically with an exchange of money through a lease or other mechanism, on residential lots would require additional review. Informal yard - sharing between neighbors would not qualify as an urban garden and thus a Site Plan submittal to the City would not be required for such activities. Council Action Form May 23, 2011 Page 5 Farmers' Markets The proposed ordinance would allow farmers' markets in any zone district as a primary or accessory use. Markets would not be allowed as an accessory use on residential properties with a single- or two - family home as the primary use. The proposed language requires a submittal with parking and operational info to Community Development. This submittal may be part of the typical business license review process since all markets are required to obtain a business license. Under the proposed ordinance, farmer's markets would be subject to the following regulations: • Signage: each market is permitted one temporary sign or banner up to 50 square feet in size. The sign may only be up when the market is in operation. • Hours of operation: in residential zone districts, hours of operation are restricted to lain to sunset. • Parking: there are not specific off - street parking requirements. However, a proposed market must provide parking information to Community Development so it is clear that there is adequate parking provided, whether it be on -site, on an adjacent site, or on nearby streets. 6. Produce Stands The current zoning code allows for seasonal produce stands in Agricultural zone districts only. The proposed amendments would allow temporary stands, for up to 6 months per year, in any zone district. This means that homeowners with a home occupation could set up a stand, as could any business or urban garden in the City. Produce stands do not require a submittal to Community Development, but staff would be able to review each stand as part of the business license review process. Produce stands would be subject to the following regulations: • Products sold: produce or agricultural products. Products sold at a stand must have been primarily grown, raised, or produced on the property where the stand is located. • Seasonal operations: stands may be up for a maximum of 6 months each year and must be removed/stored when not in use. • Hours of operation: in residential zone districts, hours of operation are restricted to lam to sunset. • Parking: temporary off - street parking should be provided if there is not adequate on- street parking nearby • Signage: stands that are home occupations would have to meet home occupation regulations, which allow up to 2 square feet of signage (plus additional square footage for informational signs for parking, etc). All other stands would be allowed one sign up to 6 square feet in size and 5 feet tall. RECOMMENDATIONS: Staff recommends approval of the ordinance since it advances the City's goals, established in Envision Wheat Ridge, to support urban agriculture and access to local food. Specifically, under policy Sustainable Future 4.2, Envision Wheat Ridge recommends that the City revise its Council Action Form May 23, 2011 Page 6 regulations to allow farmers' market, produce stands, and urban agriculture. The proposed ordinance would fulfill this strategy and help the City to implement its comprehensive plan. Adoption of the proposed ordinance will allow a variety of urban agricultural uses in Wheat Ridge and enable the community to pursue uses and activities, such as community gardens and farmers' markets, which will positively impact health, the environment, and community development. "I move to approve Council Bill No. 17 -2011 an ordinance amending Chapter 26 to support urban agricultural uses and activities on second reading and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely Council Bill No. 17 -2011 an ordinance amending Chapter 26 to support urban agricultural uses and activities for the following reason(s) REPORT PREPARED BY: Sarah Showalter, Planner II Ken Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 17 -2011 2. Summary of Results from LiveWell Wheat Ridge Health Foods Assessment 3. Memo from Staff Regarding Site Plan Review Fees 4. Planning Commission Meeting Notes from April 21, 2011 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER BERRY COUNCIL BILL NO. 17 ORDINANCE NO. Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTER 26 TO SUPPORT URBAN AGRICULTURAL USES AND ACTIVITIES WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City's Comprehensive Plan, Envision Wheat Ridge, establishes that the City will work to promote access to healthy foods and support urban agriculture according to Policy SF 4.2 Accessible Healthy Foods; and WHEREAS, said plan includes the recommendation to "revise regulations to allow farmers' markets, produce stands and urban agriculture" within the City; and WHEREAS, the City Council of the City of Wheat Ridge wishes to amend the Wheat Ridge Code of Laws (the "Code ") to accomplish these goals. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26 -123, entitled "Definitions," is amended to review the definition of "Building, accessory," to read: Building, accessory. A subordinate building or portion of a main building the use of which is incidental to that of the main building OR,U,SE on the same lot. These accessory buildings shall include, but are not limited to, private storage sheds, detached garages, detached carports, membrane structures that meet current building code reauirements. chicken coops, gazebos, qreenhouses and barns. AN-URBAN.GARDEN UR B AN,GARDEN USES AwAN accessory building must be clearly subordinate to a main me BUILDING located on the same lot AND Addi%ienaNj an accessory structure shall not be located on a vacant lot devoid of a main building. Section 2: Section 26 -123 of the Code is amended to include the following new definitions in appropriate alphabetical order: Attachment 1 1 Section 3: The Table of Uses in Section 26 -204 of the Code are amended to read: Table of Uses -- Residential TABLE INSET: Uses Notes R- R- R- R- R- R- R- R- 1 1A 18 1C 2 2A 3 3A One - family P P P P P P P P dwelling Two - family P P P P dwelling Three- family P P P dwelling Four - family P P P dwelling 2 R- R- R- R- R- R- R- R- Uses Notes 1 1A 1B 1C 2 2A 3 3A Multifamily P P dwelling Bed and breakfast See § 26 -608 S S S S S S S S Church, parish S S S S S S S S house Day care home, S S S S S S P P large Electric S S S S S S S S transmission substation NOT PERMITTED AS AN ACCESSORY USE ON PROPERTIES WHERE THE PRIMARY USE IS A FARMERS' SINGLE - OR TWO- FAMILY P P P p P P P P MARKETS HOME. SUBMITTAL TO COMMUNITY DEVELOPMENT DEPARTMENT REQUIRED. SEE § 26 -635 Foster care home P P P P P P P P Governmental and quasi - governmental No outside storage P P P P P P P P buildings, fire stations and public utility buildings Governmental and quasi - governmental Outside storage S S S S S S S S buildings, fire stations and public utility buildings Parking of Shall be allowed only on lots automobiles of containing nonresidential or P P P P P P P P clients, patients or quasi- public uses, subject to patrons of adjacent § 26-501 CA commercial or Uses Notes R- R- R- R- R- R- R- R- 1 1A 18 1C 2 2A 3 3A nonresidential uses Parking of automobiles of Shall be allowed on lots clients, patients or adjacent to business only if S S S S S S S S patrons of adjacent the business owner also commercial uses owns the adjacent lot Includes: noncommercial P P P P P P P P Parks playgrounds or other public recreation uses SEE §26436. WHERE LOCATED ONA LOT WITH ^A RESIDENTIAL PRODUCE DWELLIN6 UNIT, MUST STANDS MEET HOME P P P P P P P P OCCUPATION REGULATIONS PER § 26"- 613. Public or private golf courses, country clubs or Restaurants, lounges and clubs operated for bars permitted as accessory S S S S S S S S the benefit of to a public or private golf members only and course not for gain Public and private S S S S S S S S schools, colleges and universities. Residential group See § 26 -612 S S S IS S S S S home for children Residential group homes, nursing homes, and P P P P P P P P congregate care See § 26 -612 facilities for 8 or fewer elderly persons Residential group S S S S S S S S homes, nursing See § 26 -612 homes, or 4 TABLE INSET: Accessory Uses For Notes R- R- R- R- R- R- R- R- Uses Notes 1 1A 1B 1C 2 2A 3 3A congregate care Accessory buildings shall not be located on a vacant lot Accessory buildings devoid of any primary or main building, EXCEPT FOR U RBAN -11 GARDEN USES, WHICH MAY.QR MAY NOT HAVE A PRIMARY OR MAIN BUILDING NOT PERMITTED AS•AN ACCESSORY USE ON facility for 9 or 7 PROPERTIES WHERE THE PRIMARY USE-' A SINGLE- ORTWO- FAMILY HOME. SEE'§ 26 -635 Household pets, limited to no more than 3 dogs and 4 Plus their unweaned offspring cats more elderly persons SITE PLAN REVIEW REQUIRED WHERE ACCESSORY TO A SINGLE - OR TWO- FAMILY URBAN HOME. SUBMITTAL TO P P P P P P P P GARDENS COMMUNITY DEVELOPMENT DEPARTMENT REQUIRED. SEE § 26 -637 Wind powered S S S S S S S S electric generators Not in excess of 35 feet TABLE INSET: Accessory Uses For Notes Residential Districts Bee keeping See § 26 -603 and 607 Ancillary uses operating within a church's primary e.g.: Day care centers, scout meetings structure Home occupations, INCLUDING PRODUCE See § 26 -613 AND §;26;636 FOR PRODUCE STANDS STANDS See § 26 -123; 605 (excludes keeping of swine); 606. Accessory buildings shall not be located on a vacant lot Accessory buildings devoid of any primary or main building, EXCEPT FOR U RBAN -11 GARDEN USES, WHICH MAY.QR MAY NOT HAVE A PRIMARY OR MAIN BUILDING NOT PERMITTED AS•AN ACCESSORY USE ON FARMERS MARKETS 7 PROPERTIES WHERE THE PRIMARY USE-' A SINGLE- ORTWO- FAMILY HOME. SEE'§ 26 -635 Household pets, limited to no more than 3 dogs and 4 Plus their unweaned offspring cats Accessory Uses For Notes Residential Districts 2 Private swimming pools and Bed - and - breakfast tennis courts and other See § 26 -603 recreational facilities Public and private 26 -608 communications towers, For satellite earth receiving stations, see § 26 -616 and § television or radio antennas 26 -617 Public utility lines and poles, S irrigation channels, storm drainage and water supply facilities S Rooming and /or boarding of On a contract basis for not less than 7 days not more than 2 persons S S SITE PLAN`REVIEW REQUIRtb ; QN'PROPERTIES URBAN GARDENS WHERE THE PRIMARY USE IS A SINGLE- OR TWO- S FAMILY HOME. SEE § 26-637 Water towers or Not in excess of 35 feet aboveground reservoirs S Table of Uses -- Agricultural and Public Facilities TABLE INSET: Uses Notes A 2 PF Bed - and - breakfast Subject to requirements set forth in § S S 26 -608 Cemeteries and crematories Not including funeral homes S S Churches parish houses S S Day care home, large S S Day care center, large S S Day care center, small S S Uses Notes A 2 PF Provided that outside runs which are Dog kennels, catteries, adjacent to residentially zoned or S S veterinary hospitals used property are no closer than 25 feet to a side or rear lot line Electric transmission S S substations PROHIBITED in A -1: The raising or keeping of swine General farming and raising or INCLUDED in A-2: The keeping of keeping of stock, bee keeping, swine and /or potbellied pigs, Sus P P poultry or small animals such as Scrofa Vittatus, except such animals rabbits or chinchillas shall not be fed garbage SUBMITTAL TO COMMUNITY FARMERS' MARKETS DEVELOPMENT DEPARTMENT P P P REQUIRED. SEE § 26 -635 P P Foster care home P P Fish hatcheries Governmental and quasi- No outside storage governmental buildings, fire P P P stations and public utility buildings Governmental and quasi - governmental buildings, fire Outside storage S S P stations and public utility buildings Greenhouses and landscape nurseries, including both See § 26 -624 P P wholesale and retail sales of related products P P One - family dwelling Parks Includes noncommercial playgrounds P P P 7 Uses Notes I A 12 P PRODUCE STANDS Public and private schools, colleges, and universities Public or private golf courses, country clubs or clubs operated for the benefit of members only and not for gain Race track, fair grounds, amusement resorts, heliports, radio towers and stations Residential group homes for 8 or fewer elderly persons Residential group or nursing homes, or congregate care facilities for 9 or more elderly persons Residential group homes for children Riding academies and public stables Not including a private club which provides service customarily carried on as a business See § 26 -612 See § 26 -612 See § 26 -612 Provided that any structure housing animals which is adjacent to a residentially zoned or used property shall be no closer than 25 feet to a side or rear lot line P P P S S P S S S S P P S S P P SUBMITTAL 70 COMMUNITY URBAN' GARDENS DEVELO T P R P REQUIRED.;SEE Wind - powered electric S S 8 Uses Notes A 2 PF generators not in excess of 35 PRODUCE STANDS 636 Detached private garage or carport feet. SEE § 26=635 Household pets, limited to no more than plus their unweaned offspring 3 dogs and 4 cats TABLE INSET: Agricultural and Public Facilities Notes Districts Accessory Uses Home occupations, INCLUDING Meeting the definition and standards in § 26- 613 AND, FOR PRODUCE STANDS, §26 - PRODUCE STANDS 636 Detached private garage or carport FARMERS MARKETS SEE § 26=635 Household pets, limited to no more than plus their unweaned offspring 3 dogs and 4 cats Parking of equipment, implements, machinery and /or large trucks, trailers and semi - tractor trailers, when used in support of agricultural and public maintenance operations Private storage sheds, barns, animal shelters or outbuildings Private swimming pools and tennis See § 26 -603 for related requirements courts Public utility lines and poles, irrigation Includes other similar facilities such as channels, storm drainage and water electric transmission lines and poles supply facilities Includes other similar communications Public and private communications receiving or sending devices. None may exceed 35 feet in height, whether ground or towers, television or radio antennas structurally mounted. For satellite earth receiving stations, see § 26 -616 and 26 -617 Rooming and /or boarding for not more On a contract basis for not less than 7 days than 2 persons URBAN;GARDEN$I SEE §,, 64 37 Water towers or above ground Not in excess of 35 feet reservoirs Table of Uses -- Commercial and Industrial Districts TABLE INSET: Uses Notes NC RC 2 I Adult entertainment In accordance with Wheat P P P establishments Ridge Code of Laws, Chapter 3 Ambulance services P P P P Amusement parks S P P Animal veterinary hospitals With outside runs; no P P and clinics cremation Animal veterinary hospitals Where there are no outside S P P P P or clinics pens or runs for dogs; no cremation In NC & RC Districts: Provided S P P P P Antique stores that no more than 200 square feet of building area shall be allocated to repair Apparel and accessory See Footnote 1 S P P P P stores Appliance stores and P P P incidental service and repair Art galleries or studios See Footnote 1 P P P P P Assembly halls and P P P convention facilities Auction houses S P P Auto service, repair and P P P maintenance shops, minor See § 26 -631 Auto service, repair and S P P maintenance shops, major See § 26 -631 10 Uses Notes NC RC 2 I Automobile and light -duty See § 26 -628 S S S truck sales and rental Automotive parts and P P P supplies sales Bail bonds businesses See Footnote 2. See § 26 -634 P P for distance requirements. Bakeries, retail See Footnote 1 S P P P P See § 26 -633 P P P P P Banks, loan and finance offices Bed and breakfast homes Subject to requirements set P P P P P forth in § 26 -608. Bicycle stores See Footnote 1 S P P P P Blueprinting, photostatic EXCLUDING: Large printing, S P P P P copying and other similar publishing and /or book binding reproduction services establishments See Footnote 1 Boat, recreational vehicle S S S and trailer sales, rentals See § 26 -628 and service S S S Body art establishments Book stores, stationery and See Footnote 1 S P P P P card stores Building contractor's service S P P shop and storage yard incidental to an See § 26 -629 office /showroom principal use. Business machine or See Footnote 1 S P P P P computer stores Butcher shops and food EXCLUDING: Food P P P lockers processing 11 Uses Notes NC RC 2 I Cabinet and woodworking S shops Camera and photographic See Footnote 1 S P P P P service and supply stores Candy, nut and See Footnote 1 S P P P P confectionery stores Caretaker residence Only one (1) unit for caretaker P P P P or manager Carpet cleaning and S fumigating Carting, express, hauling or S storage yard Car wash, automatic S P P Car wash, coin operated S P P Caterers P P P Day care center, large P P P Day care center, small P P P Clinics and offices for the C -1 C -2 & I INCLUDE: S P P P P counseling and treatment of Residential facilities. NC & RC EXCLUDES: psychological, social, marital, developmental or Residential facilities similar conditions, excluding substance abuse ALL districts INCLUDE: clinics Counseling and treatment for alcoholism Cold storage plant P P Commercial machine S P P shops 12 Uses Notes NC RC C I e.g.: YMCA's, YWCA's, P P P P P Community buildings churches, libraries, parks, museums, aquariums and art galleries. Construction and heavy P P equipment sales, service, See § 26 -629 rental and storage Contractor's plant or S storage yard Dairy products stores See Footnote 1 S P P P P Day care center and P P P preschools, large Day care center and P P P preschools, small Department or variety P P P stores Drug stores P P P Eating establishments, S S S S S drive through Eating establishments, sit S P P P P down Electric transmission and S S S S S public utility substations Electrical motors and S armature regrinding shops Electrical supplies and EXCLUDING: Contractors P P P service storage yards Equipment rental Subject to § 26 -628; in RC P P P P District: Outside storage and agencies display prohibited Exterminators P P P P 13 Uses Notes NC RC 2 / Farm equipment sales, See § 26 -628 P P service and storage SUBMITTAL TO P P P P P COMMUNITY FARMERS'MARKETS DEVELOPMENT DEPARTMENT REQUIRED. SEE § 26-636 Floral shops See Footnote 1 S P P P P Furniture stores P P P Garden supply stores See Footnote 1 S P P P P Gift, novelty or souvenir See Footnote 1 S P P P P stores INCLUDES: Private clubs, P P P restaurants and lounges, driving ranges, and those uses Golf courses commonly accepted as accessory thereto when located on the same premises Governmental and quasi- P P P P P governmental buildings and No outside storage offices, fire stations or public utility buildings Governmental and quasi- S S S P P governmental buildings and Outside Storage offices, fire stations or public utility buildings Greenhouses and S S P P P landscape nurseries, retail See § 26 -624 Greenhouses and S P P landscape nurseries, See § 26 -624 wholesale Grocery or convenience See Footnote 1 P P P P P 14 Uses Notes NC RC 2 I stores, no gas pumps Grocery stores which may S S S P P include no more than 1 gasoline service island with See Footnote 1 no more than 2 dispensing pumps Hair, nail and cosmetic P P P P P services Hardware stores See Footnote 1 S P P P P Hobby and craft stores See Footnote 1 S P P P P P P P Home furnishing stores Home improvements P P P supply stores Hotels or motels for There shall be 1,000 square S S S feet of gross lot area for each transient occupancy. unit P P Ice plants Indoor amusement and e.g.: Roller rinks, bowling P P P alleys, arcades and similar recreational enterprises uses Indoor flea markets PROHIBITED: Outdoor flea P P P markets S P P P P Interior decorating shops S S S Itinerant sales See § 26 -630 Jewelry stores See Footnote 1 S P P P P S Kennels Laundry and dry cleaning S S P P P 15 Uses Notes NC RC 2 I shops Laundry and dry cleaning P P P P P pick up stations Leather goods and luggage P P P stores Linen supply P P P Liquor stores P P P Locksmith shops P P P P P Unenclosed storage of any P P P Lumber yards and building materials shall be screened supply stores from view from adjacent properties and streets PROVIDED: An antidote S exists and is readily available for such vaccine, serums or Manufacture of vaccines, toxins; and approval of such serums and toxins manufacture is received from the state department of health and the county health department Manufacturing, processing, See § 26 -505; § 26 -631 and § P P assembly, or light industrial 26 -123, definitions operations Manufacturing, fabrication S and /or processing of concrete products See Chapter 11, Article 10 P P P P P Massage therapist Code of Laws for additional restrictions See Chapter 11, Article 10 P P P P P Massage therapy center Code of Laws for additional restriction Meat, poultry or seafood See Footnote 1 S P P P P Uses Notes NC RC 2 1 stores Medical and dental offices, P P P P P clinics or laboratories, Pharmacies and optical stores excluding substance abuse are accessory use clinics Mini - warehouses for inside P P storage Mobile or modular homes See § 26 -628 S S or building sales Mortuaries and S S S crematories S P P Motor fueling stations Motorcycle sales and See § 26 -628 P P P service S P P P P Music stores See Footnote 1 For the sale of newspapers, P P P P P Newsstands magazines, etc. Office supply stores See Footnote 1 S P P P P Offices: General P P P.. P P administrative, business and professional offices Optical stores See Footnote 1 S P P P P Outdoor amusement S P P facilities Paint and wallpaper stores See Footnote 1 P P P P Parking of automobiles of P P P P P clients, patients or patrons Subject to § 26-501 CA of adjacent commercial or nonresidential uses Parking of not more than 3 1 See § 26 -619; § 26 -123, S S S 17 Uses Notes NC RC P l commercial truck - tractors definitions and /or semi - trailers When in conformance with the parking design standards set forth in § 26 -501 It is not intended that such parking limitations shall apply to pickup and delivery trucks normally associated with business operations Pawn shops S Pet stores See Footnote 1 S P P P P Pharmacies S P P P P Picture framing shops See Footnote 1 S P P P P Plumbing and heating EXCLUDING: Outdoor storage P P P supply stores and shops yards Printing, engraving and S other related production processes Private clubs, social clubs,. P P P bingo parlors and similar uses PRODUCE STANDS SEE_. §;26-636 P P P 1p P Psychic advisors and S S S P similar uses Research laboratories, P P offices and other facilities for research Residential group and P P P P P nursing homes and congregate care facilities for 8 or fewer elderly 18 Uses Notes NC RC 2 I persons Residential group and S S S nursing homes and congregate care facilities for 9 or more elderly persons Residential group home for S S S children Such residential uses may be P P P P P Residential uses in extended, enlarged, and /or existence on 3/11/97 reconstructed so long as no additional dwelling units are created Residential uses in See § 26 -626 P P P P P commercial zones Rooming and S S P P P boardinghouses RV, boat, trailer and travel See § 26 -628 P P trailer storage Sales, repair, rental and P P servicing of any commodity that the manufacture, fabrication, processing or sale of which is permitted in the district Schools for industrial or S S business training, including Conducted entirely within an vocational trade or enclosed building professional schools INCLUDES: Those uses S S S P P Schools: public; private commonly accepted as necessary thereto when colleges and universities located on the same premises P P P P P Shoe repair shops Shoe stores See Footnote 1 S I P P P P 19 Uses Notes NC RC 2 / Shops for custom work or P P for making articles, materials or commodities to See § 26 -631; § 26 -632 be sold at retail on the premises In accordance with Wheat P P P Social club Ridge Code of Laws, Chapter 11, Article XI Sporting goods stores See Footnote 1 S P P P P Stone cutting or polishing P P works Studio for professional work P P P P P or teaching of fine arts, photography, music, drama or dance Substance abuse clinics S S P Tailor, dressmaking or P P P P P clothing alteration shops Taverns, night clubs, P P P lounges, private clubs and bars Television, radio, small S P P P P appliance repair and See Footnote 1 service shops Temporary Christmas tree, P P P P produce and bedding plant See § 26 -627 sales lots Theatres, indoor P P P Tobacco stores See Footnote 1 S P P P P Toy stores See Footnote 1 S P P P P 20 Uses Notes NC RC Accessory buildings and structures C I Transit station, public or lines and poles, irrigation channels, storm S S S private SUBMITTAL TO P P P P P COMMUNITY URBAN GARDENS DEVELOPMENT DEPARTMENT REQUIRED. SEE §26-637 P P P Upholstery shops Video rentals See Footnote 1 S P P P P Warehousing and outside See § 26 -631 P P storage Maximum 75% total area as S P P Warehouse /office warehouse; minimum 25% as. total area as office Watch and jewelry repair P P P P P shops Woodworking or carpentry S P P shops for the making of articles for sale upon the See § 26 -632 premises, such as cabinets or custom furniture Footnote: 1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC Districts. 2 In addition to being allowed as a Permitted Principal Use in the C -2 and I zone districts, bail bonds businesses may be permitted in Planned Industrial Development districts if approved as part of an Outline Development Plan (ODP) and in conformance with the requirements of Code section 26 -634. TABLE INSET: Commercial and Industrial District Accessory Notes Uses Accessory buildings and structures See § 26 -625 Electric transmission or other public utility lines and poles, irrigation channels, storm 21 drainage and water supply facilities FARMERS' MARKETS SEE §16 -635 Food services Primarily for the occupants of a building containing a permitted use when located within the same building PRODUCE STANDS SEE § 26 -636 Residential uses in commercial zones See § 26 -626 Outside storage or display See § 26 -631 URBAN GARDENS $EE § 26 -637 Key: P = Permitted Principal Uses S = Special Uses Section 4: Section 26 -502 of the Code is amended to read: Sec. 26 -502. Landscaping requirements. A. Landscaping defined: A combination of living plants, such as trees, shrubs, vines, groundcover, flowers, VEGETABLE PLANTS; sod or grass; and may include natural features, such as rock, stone and bark; and structural features, including, but not limited to, fountains, reflecting pools, art work, screen walls, fences and benches. Uncontrolled weeds shall not be considered as landscaping; however, maintained natural grasses and natural flowers may be considered as landscaping. Sidewalks, whether paved or gravel, which serve as functional links between parking areas and main structures, or which serve as general public access routes around a main structure, or between a main structure and a public street or alley, shall not be counted as landscaping. Other sidewalks or paths which serve as casual access to or through landscape areas may be counted a nonliving landscape features. Section 5: Section 26 -613 of the Code is amended to read: Sec. 26 -613. Home occupations. A. Home occupation. Home occupations are permitted as accessory uses to any conforming (as to use) residential dwelling; provided, however, that the following requirements are met: 1. Such use shall be conducted entirely within a dwelling or accessory structure except for sales of plants,�d produce QR OTHER AGRICULTURAL RO PDUCTSgrown, RA,I,SEp, OR PRODU�,Ep on the premises and carried on only by the inhabitants living there, with the exception that should the operator be substantially, physically handicapped a nonresident may be employed to assist 0% the operator in his work to the extent he requires it to make up for his physical handicap. 2. Not more than one (1) employee may live off - premises. 3. Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. 4. The total area used for said purposes shall not exceed twenty -five (25) percent of the gross floor area of the user's dwelling unit. 5. - 4 w " a,. sa,n ti zi ii.hvttw EACH 11. Home occupations are limited to the following business or commercial activities: a. Craft work, such as the making of pottery, jewelry or dolls, flower arranging, smithing and woodworking. b. Garment work, such as tailoring, dressmaking, millinery work, ironing and garment repair. c. Office uses, such as office uses for door -to -door, home party and telephone solicitation sales, investment counseling, typing, notary public, travel services, surveyors, physicians, dentists, lawyers, accountants, architects, engineers and other similar services. d. Repair services for electronics, small appliances, and mechanical devices, bicycles and upholstery. e. Tutoring, music lessons, dance lessons, gymnastics lessons, swim lessons and tennis lessons. f. Artistic endeavors, such as art studios, portrait studios, photography studios, writing and lithography. g. Garage sales, not to exceed four (4) three -day periods, which need not be consecutive, per calendar year. h. Hair care services carried on by only one (1) inhabitant of the dwelling. No other employee shall be permitted. L Small day care home. j. Sales directly related but merely ancillary to the primary home occupation, such as: (1) Sale of hair care products by a beautician or barber. (2) Sale of accompaniment items, such as neckties, bows, ribbons or belts for a tailor or dressmaker. (3) Sale of component parts or accessories used in repair services for electronics, small appliances, bicycles, etc. (4) Supplies related to a class, course of instruction, or lessons conducted on the site. (5) Sale of artistic or craft works which were created on the site, such as pottery, jewelry, dolls, portraits, paintings, sculptures, etc. 23 Section 6: Sections 26 -635, 26 -636, and 26 -637 are hereby added to Article VI. Supplementary Regulations: 24 A. LOCATION: PRODUCE STANDS MUST BE LOCATED ON PRIVATE PROPERTY. 3 E. B 04i BUFFER BETWEEN THE GARDEN OR FARM AREA AND THE PROPERTY LINE. C. Section 7: The Table of Uses in Section 26 -1111 of the Code are amended to read: Permitted Uses Use Group MU -C MU -C MU -C TOD MU -N Interstate Residential Assisted living facility P P P P Dwelling, single detached NP NP NP P Dwelling, single attached P P P P Dwelling, duplex P NP NP P Dwelling, multiple P P P P Dwelling, live /work P P P P Foster care home NP NP NP P Residential group home P P P P Public, Civic, and Institutional Community buildings and cultural facilities, including libraries, P P P P museums, and art galleries Hospital C C C NP Parks, open space, playgrounds, P P P P and plazas Place of worship P P P P Public uses and buildings P P P P Recreation facilities, indoor and P P P P outdoor Schools, public and private; colleges, universities, and trade P P P P schools Utilities, major NP NP NP NP Utilities, minor P P P P URBAN GARDENS (SUBMITTAL REQUIRED TD COMMUNITY P P P P DEVELOPMENT DEPARTMENT. SEE §26437,) Transit stations, public or private C C C C Commercial Services and Retail Adult entertainment NP NP NP NP Animal daycare, indoor with no P P P P outdoor runs or pens Bail bonds (per §26 -634) C C NP NP Banks and financial institutions, P P P P no drive - through or drive -up Banks and financial institutions, C P C C with drive - through or drive -up 27 Permitted Uses Use Group MU -C MU -C MU -C TOD MU -N Interstate Bars, taverns, and night clubs P P P P Bed and breakfast P P P P Car washes NP C NP NP Day care center, child and adult P P P P Drive -up or drive - through uses C P C C (per §26 -1106. E) Eating establishment, sit down P P P P Eating establishment, drive- C P C C through or drive -up Fast food eating establishment, C P C C drive - through or drive -up Motor fueling stations C C NP C Motor vehicles sales, outdoor display NP NP NP NP Motor vehicle sales, indoor display P P C C Outdoor storage NP NP NP NP Pawn brokers NP NP NP NP Personal services P P P P Photocopying and printing P P P P PRODUCE STANDS (SEE §26- 636 AND §26- 613'FOR HOME P P P P OCCUPATIONS) Recreation facilities, commercial P P P P Repair, rental and servicing of C P C C automobiles, no outdoor storage Retail sales — up to 20,000 gsf for P one tenant space P P P Retail sales — up to 60,000 gsf for P P C C one tenant space Retail sales — over 60,000 gsf for C C NP NP one tenant space URBAN GARDENS: (SUBMITTAL REQUIRED TO COMMUNITY DEVELOPMENT DEPARTMENT; P P P P SEE §2amvn Veterinary clinics and hospitals, no outdoor runs or pens P P P P Hospitality and Entertainment Art studios and galleries P P P P 28 Permitted Uses Use Group MU -C MU -C MU -C TOD MU -N MAXIMU MINIMU Interstate TYPE OF ALLOWE Hotels, motels, and extended stay P P P P lodging D REQUIRED HEIGHT PER NUMBER Studios, including art, music, S dance, television and radio P P P P broadcasting stations Theaters P P P P Office and Industrial Medical and dental clinics P P P P Offices P P P P. Office- warehouse, no outdoor C C C NP storage WHEN THE SIGN,,.' Outdoor storage NP NP NP NP Restricted light industrial C C C NP Wholesale C C C C Ancillary Uses Parking facilities P P P P Temporary Uses Special events, including festivals and farmers markets. FOR P P P P FARMERS' MARKETS, SEE § 26 -635 Key: P = Permitted C = Conditional Use (see § 26 -1117) NP = Not Permitted Section 8: Table 1 in Section 26 -709 of the Code is amended to include the following sign types: TABLE INSET: TABLE 1. SIGN STANDARDS IN RESIDENTIAL, AGRICULTURAL, AND PUBLIC FACILITIES ZONES (R -1, R -1 A, R -16, RAC, R -2, R -2A, R -3, R -3A, A -1, A -2, PF) MAXIMUM MAXIMU MINIMU OTHER TYPE OF ALLOWE PERMIT SIZE AND M M REQUIREMENT SIGN D REQUIRED HEIGHT PER NUMBER SETBAC S SIGN K 13. Miscellaneous MAY N07BE Q. NO LARGER 1 PER ILLUMINATED: FARMER YES NO THAN 50 FARMER ;NONE MAY gNLX.BE ON "RISPCi4X MARKET SQUARE FEET: S' MARKET WHEN THE SIGN,,.' MARKET; I� IN OPERATIbN ► TABLE 1. SIGN STANDARDS IN RESIDENTIAL, AGRICULTURAL, AND PUBLIC FACILITIES ZONES (R -1, R -1A, R -1 B, R -1 C, R -2, R -2A, R -3, R -3A, A -1, A -2, PF) MAXIMU MAXIMUM MAXIMU MINIMU OTHER TYPE OF ALLOWE PERMIT SIZE AND M M TYPE OF SIGN D REQUIRED HEIGHT PER NUMBER SETBAC REQUIREMENT REQUIRED HEIGHT SIGN SETBACK K S PER SEE § 26-635 SIGN WHERE PRODUCE STANDIS A , HOME OCCUPATION; MAY NOT BE THE SIGN MUST MEET ILLUMINATED'. NO. FOR RE QUIREMEN MAY , ONLY BE R. TEMPORARY TS FOR HOME ON DISPLAY PRODUC FREESTANDI =SGT OCCUPATION 1 PER DURING E STAND YES ' SIGNS,IN F. STAND 5 FEET MONTHS SIGN YES FOR ALL OTHER WHEN,THE PERMANENT PRODUCE PRODUCE WALL SIGNS. STAND IS STANDS MAY OPERATIONAL HAVE ONE SIGN UP TO `6 SEE §26436 SQUARE FEET SQUARE AND UP TO 5 FEET INHE III GHT MAXIMUM SIzEbF 6 S. URBAN SQUARE FEET MAY NOT BE GARDEN YES YES AND 1' S<FEET ILLUMINATEDd SIGN MAXIMUM SEE § 26.-637 HEIGHT OF FEET Section 9: Table 1 in Section 26 -710 of the Code is amended to include the following sign types: TABLE INSET: TABLE 1. SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL AND MIXED USE DISTRICTS (NC, RC, C -1, C -2, 1) MAXIMU M SIZE MAXIMUM MINIMUM OTHER TYPE OF ALLOWED PERMIT AND SIGN REQUIRED HEIGHT NUMBER SETBACK REQUIREMENTS PER SIGN 30 TABLE 1. SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL AND MIXED USE DISTRICTS (NC, RC, C -1, C -2, 1) MAXIMU M SIZE MAXIMUM MINIMUM OTHER TYPE OF ALLOWED PERMIT AND SETBACK REQUIREMENTS SIGN REQUIRED HEIGHT NUMBER PER SIGN 13. Miscellaneous MAY NOT'BE ILLUMINATED: Q NO MAY ONLY BE FARMERS YES LARGER 7PER ON DISPLAY ' MARKET ,NO THAN'SQ FARMERS NONE WHEN THE SIGN SQUARE 'MARKET MARKETI$ IN FEET: OPERATION; SEE 416435 26-635 MAXIMU MAY NOT'.BE M SIZE ILLUMINATED. NO FOR OF 6 MAY ONLY BE R. TEMPORARY SQUARE ON DISPLAY PRODUCE YES FREESTANDIN G SIGNS. YES FEET AND 7PER 5 FEET DURING STAND FOR MAXIMU STAND MONTHSVYHEN SIGN PERMANENT M THE PRODUCE STAND IS WALL SIGNS. HEIGHT OPERATIONAL:, OF 5 SEE § ZB -636 FEET. MAXIMU M SIZE OFit:6 SQUARE S. URBAN FEET MAY NOT BE GARDEN YES YES AND 1 5 FEET ILLUMINATED; SIGN MAXIMU SEE f2"31 '0 HEIGHT OF, 5 FEET Section 10: Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 11: Severability: Conflicting Ordinances Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall 31 not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 12: Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 9th day of May, 2011, ordered published with Public Hearing and consideration of final passage set for Monday, May 23rd, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this _ day of , 2011. SIGNED by the Mayor on this day of .1 2011. ATTEST: Jerry DiTullio, Mayor Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: May 12, 2011 Second Publication: Wheat Ridge Transcript Effective Date: 32 AP LiveWell %I=Fw April 29, 2011 City Council City of Wheat Ridge 7500 W 29 Avenue 1'` floor Wheat Ridge, CO 80033 Dear Wheat Ridge City Council: LiveWell Wheat Ridge is a community movement funded by LiveWell Colorado working to reduce and prevent obesity for better health outcomes. Emerging best practices show that we positively impact food consumption choices by increasing access to healthy foods. To this end, LiveWell Wheat Ridge is involved in a myriad of approaches to increase nutritional food consumption in our community and to grow our markets in Wheat Ridge. In the fall of 2010, LiveWell Wheat Ridge partnered with the Wheat Ridge Access to Fresh Fruit and Vegetables Task Force, Jefferson Conservation District and CREA Results to administer the Wheat Ridge Healthy Food Assessment. Modeled after similar healthy food assessments in the country, this assessment surveyed over 200 respondents on questions related to access and barriers to growing, purchasing and consuming fresh fruit and vegetables. Using an online and paper survey in English and Spanish, and by partnering with older adults and bilingual and bicultural outreach workers, we over - sampled diverse socioeconomic segments of our community. In this report, we captured important information about ways to reduce barriers to accessing fresh fruit and vegetables, increase growing opportunities, expand local markets, and integrate local produce into our food systems. Because we need to use a multifaceted systems approach to solving healthy food access issues and grow our markets, we hope this report provides valuable information to the City Council, as well as all sectors of our community, to support informed policy making, innovate our programming and provide opportunities for economic growth in Wheat Ridge. Sincerely, Molly Hanson LiveWell Wheat Ridge Coordinator ATTACHMENT 2 LiveWell Wheat Ridge (LWWR), a community initia- tive funded by LiveWell Colo- rado, advocates healthy eating and active living (HEAL) poli- cies and infrastructure im- provements in Wheat Ridge. LWWR is working with city policymakers, staff and resi- dents to incorporate plans for increasing access to healthy foods, particularly for lower in- come and Latino residents of Wheat Ridge. In partnership with the Jeffer- son Conservation District and CREA Results, a community- based outreach organization, LWWR conducted a community WHAT RESIDENT REPORT needs 2 a g assessment in the fall of 010 of access to fresh fruits nd vegetables and locally rown foods. A 25 -item sur- v i g s a ey in English and Spanish was administered online and n hardcopy to Wheat Ridge residents and nonresidents to ather information on con- umption patterns, attitudes nd barriers to accessing fresh foods. Over two hundred re- spondents completed the sur- vey. For the purposes of this report, we have confined our analysis to the 135 Wheat Ridge residents who com- pleted the survey. 3 Shopping The vast majority (over 90 %) of respon- dents report going to grocery stores to get their fresh fruits and vegetables regardless of the time of year and most use their own cars to get there. Almost half (47 %) of the respondents get their produce at farmers' markets, fruit and vegetable stands or gardens during the summer. A far greater per- centage of Whites (69 %) go to these lo- cations compared to Latinos (20 %). 4 s:. a What to Eat A majority (72 %) of respondents report freshness as an important aspect of deciding which fruits and vegetables to eat, followed by 62% who report cost as impor- tant, 47% who report healthiness as important and 43% who report taste as important. SUPPORT FOR HEALTHY EATING IN WHEAT RIDGE i 3 r dk�t�tte�f�t AND FUTURE OF WHEAT Almost half (46 %) of the respondents go to the Wheat Ridge Farmers' Market. Most (over 70 %) buy fruits and vegetables. A quarter buy other food items, a quarter don't buy anything and 5% buy flowers or plants. Sixty -nine per- cent of Latinos, 45% of males and 32% of lower income respondents who go to the Wheat Ridge Farmers' Market do not buy anything com- pared to only 9% of Whites who do not buy any- thing. Twenty -six percent of the respondents (35 people) report going outside of Wheat Ridge to another farmers' market. Reasons include: more convenient locations, better days of the week, more convenient hours or better produce selection at the other markets. A very small percentage (3 %) report that they go to another market because the produce at the market is grown locally in that jurisdiction. This fact sheet was designed and a -7 created by R £5EARC Center for Research Strategies S - toa1: l www.crsIlc.org . ,...•.• -�......__. Fifty -four percent of respondents, or 73 peo- ple, do not go to the Wheat Ridge Famers' Mar- ket. Why Don't People Go to the Farmers' Market? (73 Respondents) Other reasons_ for not going to the Wheat Ridge Farmers' Market reported by only a few respondents include: prefer going to grocery store, only eat organic, grow my own, not inter- ested, don't think about it, hard to walk around or find parking, forget because market open only one day a week, part of Community Supported Agriculture. Reasons for Visiting Farmers' Markets Outside of Wheat Ridge s Gardening at Home Just over half of respondents (52 %) garden at home. Seventy percent grow vegetables, 54% grow flowers, 49% grow spices and herbs and 37% grow fruit. Forty -eight percent, or 65 people, do not grow at home. The most common reasons for not growing at home are shown in the graph below. Additional reasons noted by a few respondents include: living in an apartment, no desire, having moved or contending with squirrels. Of the 30 respondents who report not hav- ing enough space to garden, only 5 are interested in renting space at the Wheat Ridge commu- nity garden called the Happiness Garden. Why Don't People Grow at Home? (65 Respondents) N C N O a a z 3%, Dor't have Don': have Dent like to Not a Icwed Can't afford soace time garden to plant to plant Locally Grown Foods Wheat Ridge residents are interested in having access to locally grown foods. Respondents report that they think it is important for markets to carry locally grown foods, that they would be more likely to go to a restaurant if it served locally grown food, that they would be interested in buying produce from a local farmer and that they would consider joining a local food co -op grocery store that sells local produce. Thirty -one percent report they want more information about buying from a local farmer. Twenty -four percent want more information about food co -ops. k 3 Locally Grown Foods w 100% 9 C L CL d 50% -- w "c z 0% Y 3 0 Important for Wheat Ridge food markets to carry locally grown produce IN More likely to go to a Wheat Ridge restaurant using locally grown food ■ Willing to pay more for locally grown foods st Interested in buying produce from a local farmer and having it delivered to their homes ® Want to be part of a food co -op grocery store to access more locally grown products Getting Involved Wheat Ridge residents want to get in- volved and they want more information. Almost half (46 %) of the respondents re- port they are interested in coming to a community event that raises awareness of the importance of locally grown pro- duce. A quarter (25 %) report they would Like to join the Fresh Fruits and Vegeta- bles Task Force. Only 3 respondents re- port they had ever called the City of Wheat Ridge about growing or selling fruits and vegetables, farming, compost- ing or other gardening questions. Respondents also report they would like more in- formation about urban agriculture. Message to Policymakers Most residents buy their produce at grocery stores, but almost 50% also buy at farmers' markets. Should the city encourage more grocery and produce stores to locate in Wheat Ridge? Should the city partner to create additional farmers' markets, perhaps on a weekend day, to en- courage greater participation? Almost 75% of the respondent group rates freshness of produce as an important aspect of considering what fruits and vegetables to buy. Two- thirds are sensitive to cost. What can be done to ensure freshness of produce? How can we ensure produce is affordable? Not quite half of the respondent group patronizes the Wheat Ridge Famers' Market. When asked why they don't go, reasons include cost, inconvenient time, not having transportation and not knowing where the market is. How do we ensure produce is affordable at the Wheat Ridge Farmers' Market? How do we do a better job of marketing the Wheat Ridge Farmers' Market? Half of the respondents grow gardens at home. Half do not. Individuals surveyed don't have space or time to grow at home. Additionally, those surveyed did not want to rent space at the Wheat Ridge community garden. Should the city use resources, such as city -owned land or funding, to help create new community gardens? How do we support home gardening in Wheat Ridge? Residents want locally grown foods to be available, not only to prepare and consume at home, but to eat at local restaurants. How can more locally grown produce by available in Wheat Ridge? Are there policies or incentives that the city could provide to encourage restaurants to use local produce? For more information, please contact Molly Hanson, LiveWell Wheat Ridge Coordinator, at mhanson@jeffco.us. Funding for this report is provided by LiveWell Colorado City of °( C Wheat�idge OMMUNITY DEVELOPMENT Memorandum TO: The Mayor and City Council THROUGH: Ken Johnstone, Community Development Director FROM: Sarah Showalter, Planner II DATE: Mary 12, 2011 SUBJECT: Site Plan Review Fees for Urban Gardens Accessory to a Single- or Two - Family Home The urban agriculture ordinance (Council Bill 17 -2011) allows urban gardens on residential lots where the primary use is a single- or two - family home, but requires completion of the Site Plan Review Process. This additional review is proposed due to concerns about high intensity of use in residential areas and potential negative impacts, such as traffic, that an urban garden use might generate. The intent is that formally.managed gardens, typically with an exchange of money through a lease or other mechanism, on residential lots would require additional review. Informal yard - sharing between neighbors would not qualify as an urban garden and thus a Site Plan submittal to the City would not be required for such activities. The Site Plan Review Process was recommended by staff over the Special Use Permit (SUP) process since it is a quicker review and has lower fees. The site plan review will entail review of a detailed site plan by staff, and may include a referral to utility districts where appropriate. The typical fee for a site plan review is $200 plus $200 per acre. There is also a $200 fee for the pre - application meeting prior to application. Based on input from City Council, staff recommends a significantly reduced fee for urban gardens going through the site plan review. Initially, staff and suggested a flat $200 fee be adopted administratively. Based on City Council's initial reaction to that fee and subsequent discussions with Mayor DiTullio, staff is recommending a flat $50, regardless of the size of the site. This $50 would include the pre - application meeting, which is useful to the applicant since they are informed of the review process and the potential issues that staff will look for in their review. The $50 is twice the cost of the typical $25 business license review fee, which would be required to operate a business (such as selling produce) from your home. The additional cost will help cover the time that staff will spend reviewing the site plan for the urban garden and addressing any potential impacts on neighboring properties. Because the site plan review would not apply to home gardens or yard sharing on residential lots, staff does not anticipate receiving many of these applications per year. The reduced fee supports policy direction from both Planning Commission and City Council to be encouraging of urban agricultural uses. Attachment 3 ` 11 4' City of PrWheatPudge PLANNING COMMISSION Minutes of Meeting April 21, 2011 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BUCKNAM at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29' Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Anne Brinkman Alan Bucknam Marc Dietrick Tracy Guildner Dick Matthews Scott Ohm George Pond Steve Timms Staff Members Present: Ken Johnstone, Community Development Director Sarah Showalter, Planner II Kathy Field, Administrative Assistant 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to approve the order of the agenda as printed. The motion carried 8 -0. 5. APPROVAL OF MINUTES — April 7, 2011 It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to approve the minutes of April 7, 2011 as presented. The motion carried 5 -0 with Commissioners TIMMS, DIETRICK and BRINKMAN abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes) Attachment 4 - Planning Commission Minutes 1 April 21, 2011 No members of the public wished to speak at this time. 7. PUBLIC HEARING A. Case No. ZOA- 11 -02: An ordinance amending Chapter 26 concerning Urban Agriculture. The case was presented by Sarah Showalter. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Commissioner BRINKMAN commented that in the hot summer months, many people prefer to start gardening around 5:00 a.m. to escape the heat. Commissioner BUCKNAM asked about parking requirements. Ms. Showalter stated that no parking ratios are set forth. Code enforcement will manage any complaints received from neighbors regarding temporary parking. Chair BUCKNAM opened the public hearing. Ted Heyd 917 South Cole Drive, Lakewood Mr. Heyd is a member of Access to Fresh Fruits and Vegetables Task Force. He spoke in support of the ordinance. Urban agriculture is part of a national trend. He expressed concern about the special use fee of $300 per acre for property owners who want to start a neighborhood or community garden on the same property as a single- or two - family home. Amanda Weaver 11100 W. 38" Ave. Ms. Weaver is also a member of the Task Force. She spoke in favor of the ordinance but asked that the special use fee be revisited. She expressed concern that the fees would be cost prohibitive in attempting to bring urban agriculture to her 13 acres that are zoned R -3. Tim Tindle 4300 Reed St. Mr. Tindle is associated with the Task Force and spoke in favor of the ordinance. He commented that Wheat Ridge could be on the leading edge of the urban agriculture and food movement. He expressed concern about the special use fee. He has started a business with Amanda Weaver called The City Mouse Garden which will involve multi -plot gardening where they would garden a quarter of an acre but also sell produce from other gardens. He expressed concern about the single family limitation that could limit selling produce from the owner's garden. Planning Commission Minutes 2 April 21, 2011 Ms. Showalter commented that they are trying to distinguish urban gardening from "yard sharing" in that there is a person or group formally managing the garden. The ordinance could be amended if these types of issues arise. Andrew Horn 7175 W. 42 Ave. Mr. Horn asked the price of a home occupation license. Mr. Johnstone replied that the fee is $25 annually. Tim Sabus Mr. Sabus spoke in favor of the ordinance that could be a boon for Wheat Ridge and set an example for other municipalities. He expressed concern that a 6 square foot sign advertising a produce stand is too small. He suggested that square footage for accessory structures be the same size for commercial and residential zones. He stated that he was in favor of hoop houses for growing fruits and vegetables. In response to a question from Commissioner POND, Ms. Showalter stated that in looking at similar ordinances from other cities, there were none that differentiated between yard sharing and urban gardens. She commented that clarifying language could be considered. In response to concern expressed by Commissioner POND regarding special use permit fees for urban gardens, Mr. Johnstone explained that administrative fees are set by the Community Development Director. Amendments to those fees must be considered by City Council. Commissioner OHM expressed concern that a permit could be required for a home garden. Ms. Showalter stated that this was not the intent of the ordinance and it may be necessary to tweak the language. The special use permit would not be required for private home gardens. Commissioner OHM suggested that special use fees should be reduced for small plots. It was moved by Commissioner BRINKMAN and seconded by Commissioner GUILDNER to recommend approval of the proposed ordinance amending Chapter 26 to support urban agricultural uses and activities, with the following conditions: 1. Urban gardens are allowed as a special use on residentially -zoned lots where the primary use is a single or two- family home. The motion carried 8 -0. Planning Commission Minutes 3 April 21, 2011 It was moved by Commissioner POND and seconded by Commissioner OHM to amend the definition of urban garden to read as follows: An area of land formally managed, organized and maintained by an individual or group of individuals to grow and harvest food crops and/or non-food ornamental crops, such as flowers. Urban gardens may be divided into separate plots for cultivation by one or more individuals or may be maintained and cultivated collectively. Urban garden examples include community gardens where crops are consumed or donated, market gardens where crops are sold for profit, and community - supported agriculture (CSA), where crops are sold or donated for shareholder consumption. The motion carried 8 -0. It was moved by Commissioner POND and seconded by Commissioner OHM to recommend that staff look at substantially reducing the fees for Special Use Permits related to urban gardens on residentially -zoned lots where the primary use is a single or two- family home with the intent to encourage urban agriculture moving forward. Commissioner TIMMS offered a friendly amendment that when a decision is made after it goes to Council to report results back to Planning Commission. The amendment was accepted by Commissioner MATTHEWS. The amended motion passed 8 -0. 8. STUDY SESSIONS (The regular meeting was adjourned to study session at 8:25 P.M.) A. Potential Rezoning of 11100 W. 38` Ave. Sarah Showalter reviewed the staff report for this item. The owner of this property would like to add a variety of uses to the site. The front of the 12 -acre property is zoned R -3 and the back part is zoned R -1. There has been a small farm component on this site since the original farm house was built in 1922. A conservation easement was placed on this land in the 1990's to preserve the agricultural use of the site. The owner is proposing a CSA or market garden for the property as well as the ability to have a commercial kitchen/classroom space in one of the buildings behind the existing farm house. The property owner lives in the farm house which would allow use as a home occupation. Some possibilities include allowing the uses under an SUP; the property could be rezoned to A -1; or a planned development could be used. Amanda Weaver 11100 W. 38� Ave. Ms. Weaver, who owns the property with Louise Turner, stated that she is a geographer specializing in urban agriculture and teaches at the University of Planning Commission Minutes 4 April 21, 2011 Colorado at Denver. Because of the conservation easement placed in perpetuity on the land, she is prohibited from building another dwelling on the property. However, buildings related to agriculture could be constructed. She would like to have a commercial kitchen to allow her to make and package cheese that she could sell. She would also like to provide educational opportunities to the public where people could observe the agricultural process and attend various classes. She commented that A -1 zoning might not accommodate all of this. There was discussion about home occupation requirements and the advantages of planned development for the property. B. 38 th Avenue Corridor Plan Ms. Showalter, Commissioner BRINKMAN and Commissioner OHM presented updates on the 38 Avenue Corridor Task Force meeting. 9. ADJOURNMENT It was moved by Commissioner POND and seconded by Commissioner BRINKMAN to adjourn the meeting at 9:17 p.m. The motion carried 8 -0. Alan Bucknam, Chair Ann Lazzeri, Secretary Planning Commission Minutes 5 April 21, 2011 . sAr City of Wheat ITEM NO: 5. DATE: May 9, 2011 �� � 19 TITLE: REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL NO. 17 -2011 - AN ORDINANCE AMENDING CHAPTER 26 TO SUPPORT URBAN AGRICULTURAL USES AND ACTIVITIES ❑ PUBLIC HEARING ® ORDINANCES FOR 1 READING (05/09/2011) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2� READING (05/23/2011) ❑ RESOLUTIONS QUASI - JUDICIAL: ❑ YES ® NO ' -�di�— I I ✓ I 011-..-. , . jpflN Community DevMpmen ?ieector City Manager ISSUE: In the past year, the City has witnessed an increased interest in the topic of urban agriculture. Planning Division staff has received several inquiries related to urban agriculture, such as whether community gardens are allowed on vacant lots or backyards and whether greenhouses would be allowed on the same lot as a business or restaurant. For most of these topics, the current zoning code contains little to no regulations. Due to the large interest in growing and selling produce in the City, the proposed ordinance would amend Chapter 26 to clarify what urban agriculture uses are allowed in various zone districts. The proposed ordinance establishes where three main uses — urban gardens, farmers' markets, and produce stands — are allowed and includes minimal regulations for each use. PRIOR ACTION: A presentation on urban agriculture was given to City Council at a Study Session in December, 2010. At that time, Council gave staff direction to proceed with zoning code amendments that would clarify where urban agriculture uses were allowed. Council recommended a permissive approach that would allow uses such as produce stands and community gardens in all zone districts. Staff gave an update on the proposed amendments to Council at a Study Session on March 7, 2011. ZOA -11 -02 Council Action Form May 9, 2011 Page 2 Planning Commission discussed the proposed code amendments with staff at a Study Session in January, 2011. At a Public Hearing on April 21, 2011 Planning Commission voted to approve the ordinance with the condition that urban gardens be allowed as a special use (rather than not permitted at all) on residentially -zoned lots where the primary use is a single- or two- family home. Planning Commission also recommended a modification to the definition of "urban garden." Both of these changes have been incorporated into the ordinance. Planning Commission also passed a motion recommending that staff consider a substantially reduced special use permit (SUP) fee for urban gardens that are accessory to a single- or two- family home, with the intent to encourage urban agriculture in the City and to not create a review process that will be cost - prohibitive. This recommendation was based on testimony at the Public Hearing from some residents who expressed concern that the typical SUP fee of $300 plus an additional $300 per acre is high and could prohibit some residents from applying for urban gardens on their residential property. Please see pages 4 -5 for further discussion of this topic. Meeting notes from the April 21" Planning Commission Public Hearing will be included with the ordinance on second reading. FINANCIAL IMPACT: The proposed ordinance is not anticipated to have a direct financial impact on the City. BACKGROUND: In some communities, promoting urban agriculture dates as far back as the 1960s and 1970s, when community gardens first started to form in cities like New York City and Philadelphia. In the past 10 years, however, the trend to produce and sell local food in urban communities has become ever more prevalent. Urban and suburban communities are drawn to urban agriculture for a variety of reasons, including: • Economic and community development • Environmental sustainability • Connecting urban dwellers to fresh, healthy food In Wheat Ridge, a community founded on an agricultural past; there is a renewed interest in how agriculture can be integrated into a largely built -out City. Many residents already have home gardens and there is an existing community garden on City-owned land, called Happiness Gardens. However, there is demonstrated interest by residents, schools, and business to expand urban agricultural uses — including community gardens, yard sharing, community- supported agriculture (CSA), and roadside produce stands. The desire for Wheat Ridge residents to access shared gardens, especially if they do not have room on their private lot, is demonstrated by the Healthy Food Assessment completed by LiveWell Wheat Ridge in 2010 (see results of this assessment in Attachment 2). The intent of the attached ordinance is to clarify where uses related to growing and selling produce are allowed in the City. Chapter 26 already contains fairly flexible provisions that allow residential homeowners to keep animals on their property as well as grow and sell produce from their home through a home occupation license. The primary amendments in the ordinance relate Council Action Form May 9, 2011 Page 3 to urban gardens, farmers markets, and produce stands. Based on policy direction received from City Council at a Study Session in December 2010 and from Planning Commission at a Study Session in January 2011, the approach is to be quite permissive, allowing these uses in all zone districts. Process Staff started researching zoning regulations related to urban agriculture one year ago. There is a limited number of jurisdictions in the Denver metro area that have updated their codes to address urban agriculture; Denver has already passed such changes and Lakewood is currently in the process of updating their code. Thus the majority of staff's research entailed communities throughout the country — including Seattle, Cleveland, Milwaukee, and Kansas City — that have been recognized for adopting zoning codes that support urban agricultural activities. In drafting the code amendments, Planning staff sought input from relevant City departments and divisions, including code enforcement officers, the Building Division, and the Parks Department. Staff also utilized real -life inquiries from community members and residents to test the proposed code. A group of Wheat Ridge residents that are part of the Access to Fresh Fruits and Vegetables (AFFV) task force also reviewed and commented on a draft of the ordinance, providing very helpful feedback to staff. The proposed ordinance also reflects input received from Study Sessions with City Council on December 6, 2010 and March 7, 2011, as well as a Study Session with Planning Commission on January 6, 2011. Overview of Proposed Ordinance Below please find a summary of the amendments contained in the proposed ordinance. 1. Landscape Definition The definition of landscaping in Section 26 -502 is amended to include vegetable plants, to clarify that areas planted as a garden shall qualify as landscaped area. 2. Home Occupation Regulations The regulations pertaining to home occupations (Section 26 -513) are revised to clarify that the sales of produce or other agricultural products made on -site are allowed to occur outdoors (as opposed to all other home occupations, which must occur indoors). This amendment is intended to allow homeowners to establish temporary produce stands on their property as a home occupation. 3. Accessory Building Regulations The definition of an accessory building has been modified to clarify that urban garden uses may have an accessory structure (such as a shed or greenhouse) even if there is not a primary structure on the lot. Council Action Form May 9, 2011 Page 4 4. Urban Gardens Urban gardens are defined as an area of land formally managed, organized and maintained by an individual or group of individuals to grow and harvest food crops and/or non -food ornamental crops, such as flowers. Urban gardens may include community gardens (typically a non - profit model in which plots are leased for a minimal cost to growers and food is consumed or donated), market gardens (where food grown on site is sold for a profit), and community- supported agriculture, or CSA, where people purchase shares of produce from a garden or farm. In the proposed ordinance, urban gardens are allowed in all zone districts. However, prior to establishing such a use, an applicant must first submit to the Community Development Department a packet that includes a site plan and operational information (including hours of operation and proposed parking areas) for review. The ordinance also establishes some basic regulations for urban garden uses, including: • Signage: each garden would be allowed one non - illuminated sign up to 6 square feet in size and 5 feet in height • Landscape buffer: a minimum 5 -foot planted area is required wherever an urban garden abuts a property with a residential use • Parking: there is no specific requirement for off - street parking. However, if there is not adequate parking on adjacent streets, then the Community Development Department may require some on -site parking • Hours of operation: in residential zone districts, hours of operation are restricted to 7 am to sunset (and any exterior lighting must be turned off at this time) • Structures: structures such as sheds and greenhouses are allowed, but they would need to follow the limits on size and height, as well as setbacks, for accessory structures in the property's underlying zone district. Per Planning Commission's recommendation, the attached ordinance lists urban gardens on residential lots where accessory to a single- or two - family home as a special use. Due to concerns about high intensity of use in residential areas and potential negative impacts, such as traffic, staff recommended that urban gardens accessory to low- density residential uses should be subject to an additional review process. The intent is that formally managed gardens, typically with an exchange of money through a lease or other mechanism, on residential lots would require additional review. At the Public Hearing on April 21, staff recommended the special use permit (SUP) process to Planning Commission. Planning Commission agreed that an additional review was reasonable. However they had significant concern about the cost of an SUP. Thus they recommended that staff examine substantially reduced SUP fees for urban gardens accessory to homes as a way to encourage this type of use. Staff reviewed the current SUP process and fee structure, which includes costs for a pre - application meeting and neighborhood meeting. The SUP base fee is $300 plus $300 per acre. With the meeting and application fees, an application for an urban garden on a residential lot sized one acre would cost $900. In addition to the large cost, the SUP Council Action Form May 9, 2011 Page 5 process can take 2 -3 months and contains the potential for a public hearing before City Council (which requires additional public noticing fees). In an effort to follow policy direction from both City Council and Planning Commission to encourage urban garden uses through a permissive zoning approach, staff now proposes an alternative review process that would be less expensive and less timely than an SUP. Staff recommends requiring urban gardens accessory to a single- or two - family home to follow the Site Plan Review Process in Section 26 -111. This is an administrative process that requires submittal of a detailed site plan that staff could review and, if necessary, put on referral to other City departments or utility districts for review. This additional review would allow staff to address issues such as parking and buffering adjacent to neighboring residential properties. Staff feels that the site plan review process is a better match than the SUP process for urban gardens on residential properties. The typical fee for a site plan review is $200 plus $200 per acre. There is also a $200 fee for the pre - application meeting prior to application. Staff is recommending that, for urban garden uses, the fee would be a flat $200, regardless of the size of the site. This $200 would include the pre - application meeting, which is useful to the applicant since they are informed of the review process and the potential issues that staff will look for in their review. The proposed $200 fee is comparable to the $200 fee that is required of homeowners applying for a zoning variance. The proposal to follow the site plan review process is reflected in the recommended motion below. 5. Farmers' Markets The proposed ordinance would allow farmers' markets in any zone district as a primary or accessory use. Markets would not be allowed as an accessory use on residential properties with a single - or two - family home as the primary use. The proposed language requires a submittal with parking and operational info to Community Development. This submittal may be part of the typical business license review process since all markets are required to obtain a business license. Under the proposed ordinance, farmer's markets would be subject to the following regulations: • Signage: each market is permitted one temporary sign or banner up to 50 square feet in size. The sign may only be up when the market is in operation. • Hours of operation: in residential zone districts, hours of operation are restricted to lam to sunset. • Parking: there are not specific off - street parking requirements. However, a proposed market must provide parking information to Community Development so it is clear that there is adequate parking provided, whether it be on -site, on an adjacent site, or on nearby streets. 6. Produce Stands The current zoning code allows for seasonal produce stands in Agricultural zone districts only. The proposed amendments would allow temporary stands, for up to 6 months per year, in any zone district. This means that homeowners with a home occupation could set Council Action Form May 9, 2011 Page 6 up a stand, as could any business or urban garden in the City. Produce stands do not require a submittal to Community Development, but staff would be able to review each stand as part of the business license review process. Produce stands would be subject to the following regulations: • Products sold: produce or agricultural products. Products sold at a stand must have been primarily grown, raised, or produced on the property where the stand is located. • Seasonal operations: stands may be up for a maximum of 6 months each year and must be removed/stored when not in use. • Hours of operation: in residential zone districts, hours of operation are restricted to lam to sunset. • Parking: temporary off - street parking should be provided if there is not adequate on- street parking nearby • Signage: stands that are home occupations would have to meet home occupation regulations, which allow up to 2 square feet of signage (plus additional square footage for informational signs for parking, etc). All other stands would be allowed one sign up to 6 square feet in size and 5 feet tall. RECOMMENDATIONS: Staff recommends approval of the ordinance since it advances the City's goals, established in Envision Wheat Ridge, to support urban agriculture and access to local food. Specifically, under policy Sustainable Future 4.2, Envision Wheat Ridge recommends that the City revise its regulations to allow farmers' market, produce stands, and urban agriculture. The proposed ordinance would fulfill this strategy and help the City to implement its comprehensive plan. Adoption of the proposed ordinance will allow a variety of urban agricultural uses in Wheat Ridge and enable the community to pursue uses and activities, such as community gardens and farmers' markets, which will positively impact health, the environment, and community development. RECOMMENDED MOTION: "I move to approve Council Bill No. 17 -2011 an ordinance amending Chapter 26 to support urban agricultural uses and activities, order it published, public hearing set for Monday, May 23rd at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication, with the following amendment: • That urban gardens on residentially -zoned lots where the primary use is a single - or two - family home be subject to the Site Plan Review Process, rather than the Special Use Permit Process." Or, "I move to postpone indefinitely Council Bill No. 17 -2011 an ordinance amending Chapter 26 to support urban agricultural uses and activities for the following reason(s) Council Action Form May 9, 2011 Page 7 REPORT PREPARED BY: Sarah Showalter, Planner II Ken Johnstone, Community Development Director ATTACIE%IENTS: 1. Council Bill No. 17 -2011 2. Summary of Results from LiveWell Wheat Ridge Health Foods Assessment CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 17 ORDINANCE NO. Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTER 26 TO SUPPORT URBAN AGRICULTURAL USES AND ACTIVITIES WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City's Comprehensive Plan, Envision Wheat Ridge, establishes that the City will work to promote access to healthy foods and support urban agriculture according to Policy SF 4.2 Accessible Healthy Foods; and WHEREAS, said plan includes the recommendation to "revise regulations to allow farmers' markets, produce stands and urban agriculture" within the City; and WHEREAS, the City Council of the City of Wheat Ridge wishes to amend the Wheat Ridge Code of Laws (the "Code ") to accomplish these goals. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26 -123, entitled "Definitions," is amended to review the definition of "Building, accessory," to read: Building, accessory. A subordinate building or portion of a main building the use of which is incidental to that of the main building OIL USE on the same lot. These accessory buildings shall include, but are not limited to, private storage sheds, detached garages, detached carports, membrane structures that meet current building code requirements, chicken coops, gazebos greenhouses and barns. AN UR0AINOARD, N USE MAY SU'� IS NQ�, REQUIREDkTQ HAVE'A,MAINBUILDING„ EXCEPT FOR URBAN GARDEN USES, M►;AN accessory building must be clearly subordinate to a main use BALDING, located on the same lot AND ,AegaNy an accessory structure shall not be located on a vacant lot devoid of a main building. Section 2: Section 26 -123 of the Code is amended to include the following new definitions in appropriate alphabetical order: 1 Attachment 1 Section 3: The Table of Uses in Section 26 -204 of the Code are amended to read: TABLE INSET: Table of Uses -- Residential Uses Notes R- R- R- R- R- R- R- R- 1 1A 18 1C 2 2A 3 3A One - family P P P P P P P P dwelling Two - family P P P P dwelling Three - family P P P dwelling Four - family P P P dwelling 2 Uses Notes R- R- R- R- R- R- R- R- 1 1A 18 IC 2 2A 3 3A Multifamily P P dwelling Bed and breakfast See § 26 -608 S S S S S S S S Church, parish S S S S S S S S house Day care home, S S S S S S P P large Electric transmission S S S S S S S S substation 14'61 PERMiTTt6A&AN ACCESSORY USE`bN PROPERTIES WHERE THE PRIMARY tJSE IS A FARME' RS SINGLE = OR TWO,FAM ILY MARKETS 77 HOME SUBMITTAL TQ P P P P, P P P P OVA DEVELQPME,NT DEPARTMENT REQUIRED SEA, § 26 =635 Foster care home P P P P P P P P Governmental and quasi - governmental No outside storage P P P P P P P P buildings, fire stations and public utility buildings Governmental and quasi - governmental Outside storage S S S S S S S S buildings, fire stations and public utility buildings Parking of automobiles of Shall be allowed only on lots clients, patients or containing nonresidential or P P P P P P P P patrons of adjacent quasi- public uses, subject to commercial or § 26-501 CA Uses Notes R- R- R- R- R- R- R- R- 1 1A 18 1C 2 2A 3 3A nonresidential uses Parking of automobiles of Shall be allowed on lots clients, patients or adjacent to business only if S S S S S S S S patrons of adjacent the business owner also commercial uses owns the adjacent lot Includes: noncommercial P P P P P P P P Parks playgrounds or other public recreation uses SEE 26-636 H' kE LOCATED ON ALOT WITHrA,1RESIDENDAL PRODUCE pWELLING UNIT; MUST P P P P P P P R STANDS MEEt:HOME OCCUPATION. REGULATIONS PER' §`26 G13 Public or private golf courses, Restaurants, lounges and country clubs or bars permitted as accessory S S S S S S S S clubs operated for to a public or private golf the benefit of members only and course not for gain Public and private S S S S S S S S schools, colleges and universities. Residential group See § 26 -612 S S S S S S IS S home for children Residential group homes, nursing homes, and P P P P P P P P congregate care See § 26 -612 facilities for 8 or fewer elderly persons Residential group S S S S S S S S homes, nursing See § 26 -612 homes, or Uses Notes R- R- R- R- R- R- R- R- 1 1A 18 1C 2 2A 3 3A congregate care facility for 9 or more elderly persons URBAN GARDENS Wind powered electric generators I Not in excess of 35 feet UMUM S IS IS IS IS IS IS IS TABLE INSET: Accessory Uses For Notes Residential Districts Bee keeping See § 26 -603 and 607 Ancillary uses operating within a church's primary e.g.: Day care centers, scout meetings structure Home occupations, INCLUDINGPRODUC`E See § 26-613 AND § 26;636 FOR PRODUCEO ANP$ STANDS See § 26 -123; 605 (excludes keeping of swine); 606. Accessory buildings shall not be located on a vacant lot Accessory buildings devoid of any primary or main building, EXCEPT FOR URBI#N ° GARDEN USES WHICH MAY OR MAY_NOT HAVE A.P)t(IyIARY OR MAIN BUILDING'' NOT PERMITTED AS pN ACCESSORY USE ON FARMERS'MARK,EI S PROPERTIES WHERE,THE P , MARY $E IS A SINC�WORaT1Al0FA`iVIILY ME, SEE`t 635 Household pets, limited to no more than 3 dogs and 4 Plus their unweaned offspring cats +7 Accessory Uses For Notes Residential Districts 2 Private swimming pools and Bed - and - breakfast tennis courts and other See § 26 -603 recreational facilities Public and private 26 -608 communications towers, For satellite earth receiving stations, see § 26 -616 and § television or radio antennas 26 -617 Public utility lines and poles, S irrigation channels, storm drainage and water supply facilities S Rooming and /or boarding of On a contract basis for not less than 7 days not more than 2 persons S S Ott, IAL USE PERMIT REOUIRItIJ0141.0 ROPERTIES URBAN GARDENS WHERE THE PRIMARY USE IS A SINGLE- OR TWO- S FAMILY HOME:' SEE § 26 -637 Water towers or Not in excess of 35 feet aboveground reservoirs S TABLE INSET: Table of Uses -- Agricultural and Public Facilities Uses Notes 2 PF Bed - and - breakfast Subject to requirements set forth in § S S 26 -608 Cemeteries and crematories Not including funeral homes S S Churches parish houses S S Day care home, large S S Day care center, large S S Day care center, small S S M Uses Notes 2 PF Provided that outside runs which are Dog kennels, catteries, adjacent to residentially zoned or S S veterinary hospitals used property are no closer than 25 feet to a side or rear lot line Electric transmission S S substations PROHIBITED in A -1: The raising or General farming and raising or keeping of swine INCLUDED in A -2: The keeping of keeping of stock, bee keeping, swine and /or potbellied pigs, Sus P P poultry or small animals such as Scrofa Vittatus, except such animals rabbits or chinchillas shall not be fed garbage SUBMITTAL TO COMMUNITY FARMERS'- MARKETS DEVELOPMENT IMPARTMENT RE(.1UIREM SEE, : §y26 =63 Foster care home P P Fish hatcheries P P Governmental and quasi- No outside storage governmental buildings, fire P P P stations and public utility buildings Governmental and quasi - governmental buildings, fire Outside storage S S P stations and public utility buildings Greenhouses and landscape nurseries, including both See § 26 -624 P P wholesale and retail sales of related products One - family dwelling P P Parks Includes noncommercial playgrounds P P P A Uses Notes 2 PF or other public recreation uses SEE;§ 26x636 WHERE LOCATED ON °A FT_ WITH A RESIQENTIAL PRODUCE STANDS DWEL' LING UNIT, MUST MEET P P P_ H00, 6'CC IPATIOTII REGULATIONS PER =§ 26 6'93: Public and private schools, In public facility district only public S S P colleges, and universities schools Public or private golf courses, Not including a private club which country clubs or clubs operated S S provides service customarily carried for the benefit of members only on as a business and not for gain Race track, fair grounds, S S amusement resorts, heliports, radio towers and stations Residential group homes for 8 P P See § 26 -612 or fewer elderly persons Residential group or nursing homes, or congregate care S See § 26 -612 facilities for 9 or more elderly persons Residential group homes for S See § 26 -612 children Provided that any structure housing animals which is adjacent to a Riding academies and public P P residentially zoned or used property stables shall be no closer than 25 feet to a side or rear lot line F r • s" s `'. 1"— SUBJVIITTAL 70 COMM�1NlTY .� URBAN GARDENS B _ r D YELQPMEN DEPdRTMENl - V E P P P 6 REQII�REQ,SEE=>� Wind- powered electric S S Uses Notes A 2 PF Meeting the definition and standards in § 26- PRODUCE;STANQS 613 AND, FOR PRODUCE STANDS, §.26- 636 generators not in excess of 35 FARMERS MARKETS SEE'§ 26 635 Household pets, limited to no more than feet. 3 dogs and 4 cats Parking of equipment, implements, TABLE INSET: Agricultural and Public Facilities Notes Districts Accessory Uses Home occupations, INCLUDING Meeting the definition and standards in § 26- PRODUCE;STANQS 613 AND, FOR PRODUCE STANDS, §.26- 636 Detached private garage or carport FARMERS MARKETS SEE'§ 26 635 Household pets, limited to no more than plus their unweaned offspring 3 dogs and 4 cats Parking of equipment, implements, machinery and /or large trucks, trailers and semi - tractor trailers, when used in support of agricultural and public maintenance operations Private storage sheds, barns, animal shelters or outbuildings Private swimming pools and tennis See § 26 -603 for related requirements courts Public utility lines and poles, irrigation Includes other similar facilities such as channels, storm drainage and water electric transmission lines and poles supply facilities Includes other similar communications Public and private communications receiving or sending devices. None may towers, television or radio antennas exceed 35 feet in height, whether ground or structurally mounted. For satellite earth receiving stations, see § 26 -616 and 26 -617 Rooming and /or boarding for not more On a contract basis for not less than 7 days than 2 persons URBAN,GARDENS SEE,§ 26-63T Water towers or above ground Not in excess of 35 feet reservoirs TABLE INSET: Table of Uses -- Commercial and Industrial Districts Uses Notes NC RC 2 I Adult entertainment In accordance with Wheat P P P establishments Ridge Code of Laws, Chapter 3 Ambulance services P P P P Amusement parks S P P Animal veterinary hospitals With outside runs; no P P and clinics cremation Animal veterinary hospitals Where there are no outside S P P P P or clinics pens or runs for dogs; no cremation In NC & RC Districts: Provided S P P P P Antique stores that no more than 200 square feet of building'area shall be allocated to repair Apparel and accessory See Footnote 1 S P P P P stores Appliance stores and P P P incidental service and repair Art galleries or studios See Footnote 1 P P P P P Assembly halls and P P P convention facilities Auction houses S P P Auto service, repair and P P P maintenance shops, minor See § 26 -631 Auto service, repair and S P P maintenance shops, major See § 26 -631 10 Uses Notes NC RC 2 I Automobile and light -duty See § 26 -628 S S S truck sales and rental Automotive parts and P P P supplies sales Bail bonds businesses See Footnote 2. See § 26 -634 P P for distance requirements. Bakeries, retail See Footnote 1 S P P P P See § 26 -633 P P P P P Banks, loan and finance offices Bed and breakfast homes Subject to requirements set P P P P P forth in § 26 -608. Bicycle stores See Footnote 1 S P P P P Blueprinting, photostatic EXCLUDING: Large printing, S P P P P copying and other similar publishing and /or book binding reproduction services establishments See Footnote 1 Boat, recreational vehicle S S S and trailer sales, rentals See § 26 -628 and service Body art establishments S S S Book stores, stationery and See Footnote 1 S P P P P card stores Building contractor's service S P P shop and storage yard incidental to an See § 26 -629 office /showroom principal use. Business machine or See Footnote 1 S P P P P computer stores Butcher shops and food EXCLUDING: Food I P P P lockers processing I 11 Uses Notes NC RC 2 I Cabinet and woodworking S shops Camera and photographic See Footnote 1 S P P P P service and supply stores Candy, nut and See Footnote 1 S P P P P confectionery stores Caretaker residence Only one (1) unit for caretaker P P P P or manager S Carpet cleaning and fumigating Carting, express, hauling or S storage yard Car wash, automatic S P P Car wash, coin operated S P P Caterers P P P Day care center, large P P P Day care center, small P P P Clinics and offices for the C -1 C -2 & I INCLUDE: S P P P P counseling and treatment of Residential facilities. NC & RC EXCLUDES: psychological, social, marital, developmental or Residential facilities similar conditions, excluding substance abuse ALL districts INCLUDE: clinics Counseling and treatment for alcoholism Cold storage plant P P Commercial machine S P P shops 12 Uses Notes NC RC 2 I e.g.: YMCA's, YWCA's, P P P P P Community buildings churches, libraries, parks, museums, aquariums and art galleries. Construction and heavy P P equipment sales, service, See § 26 -629 rental and storage Contractor's plant or S storage yard Dairy products stores See Footnote 1 S P P P P Day care center and P P P preschools, large Day care center and P P P preschools, small Department or variety P P P stores Drug stores P P P Eating establishments, S S S S S drive through Eating establishments, sit S P P P P down Electric transmission and S S S S S public utility substations Electrical motors and S armature regrinding shops Electrical supplies and EXCLUDING: Contractors P P P service storage yards Equipment rental Subject to § 26 -628; in RC P P P P District: Outside storage and agencies display prohibited Exterminators P P P P 13 Uses Notes NC RC 2 I Farm equipment sales, See § 26 -628 P P service and storage ;SUBMITTAL 70 P P P P P COMMUNITY FARMERS' MARKETS 0tV%b'PII11ENT, DEPARTMENT REQUIRED. SEE § 26 635 Floral shops See Footnote 1 S P P P P Furniture stores P P P Garden supply stores See Footnote 1 S P P P P Gift, novelty or souvenir See Footnote 1 S P P P P stores INCLUDES: Private clubs, P P P restaurants and lounges, driving ranges, and those uses Golf courses commonly accepted as accessory thereto when located on the same premises Governmental and quasi- P P P P P governmental buildings and No outside storage offices, fire stations or public utility buildings Governmental and quasi- S S S P P governmental buildings and Outside Storage offices, fire stations or public utility buildings Greenhouses and S S P P P landscape nurseries, retail See § 26 -624 Greenhouses and S P P landscape nurseries, See § 26 -624 wholesale Grocery or convenience See Footnote 1 P P P P P 14 Uses Notes NC RC C I 1 2 stores, no gas pumps Grocery stores which may S S S P P include no more than 1 gasoline service island with See Footnote 1 no more than 2 dispensing pumps Hair, nail and cosmetic P P P P P services Hardware stores See Footnote 1 S P P P P Hobby and craft stores See Footnote 1 S P P P P Home furnishing stores P P P Home improvements P P P supply stores Hotels or motels for There shall be 1,000 square S S S transient occupancy. feet of gross lot area for each unit Ice plants P P Indoor amusement and e.g.: Roller rinks, bowling P P P recreational enterprises alleys, arcades and similar uses Indoor flea markets PROHIBITED: Outdoor flea P P P markets Interior decorating shops S P P P P Itinerant sales See § 26 -630 S S S Jewelry stores See Footnote 1 S P P P P Kennels S Laundry and dry cleaning S S P P P 15 Uses Notes NC RC 2 I shops Laundry and dry cleaning P P P P P pick up stations Leather goods and luggage P P P stores Linen supply P P P Liquor stores P P P Locksmith shops P P P P P Unenclosed storage of any P P P Lumber yards and building materials shall be screened supply stores from view from adjacent properties and streets PROVIDED: An antidote S exists and is readily available for such vaccine, serums or Manufacture of vaccines, toxins; and approval of such serums and toxins manufacture is received from the state department of health and the county health department Manufacturing, processing, See § 26 -505; § 26 -631 and § P P assembly, or light industrial 26 -123, definitions operations Manufacturing, fabrication S and /or processing of concrete products See Chapter 11, Article 10 P P P P P Massage therapist Code of Laws for additional restrictions See Chapter 11, Article 10 P P P P P Massage therapy center Code of Laws for additional restriction Meat, poultry or seafood See Footnote 1 S P P P P 16 Uses Notes NC RC P I stores Medical and dental offices, P P P P P clinics or laboratories, Pharmacies and optical stores excluding substance abuse are accessory use clinics Mini - warehouses for inside P P storage Mobile or modular homes See § 26 -628 S IS or building sales Mortuaries and S S S crematories Motor fueling stations S P P Motorcycle sales and See § 26 -628 P P P service Music stores See Footnote 1 S P P P P Newsstands For the sale of newspapers, P P P P P magazines, etc. Office supply stores See Footnote 1 S P P P P Offices: General P P P P P administrative, business and professional offices Optical stores See Footnote 1 S P P P P Outdoor amusement S P P facilities Paint and wallpaper stores See Footnote 1 P P P P Parking of automobiles of P P P P P clients, patients or patrons Subject to § 26-501 CA of adjacent commercial or nonresidential uses Parking of not more than 3 See § 26 -619; § 26 -123, S S S 17 Uses Notes NC RC 2 / commercial truck - tractors definitions and /or semi - trailers When in conformance with the parking design standards set forth in § 26 -501 It is not intended that such parking limitations shall apply to pickup and delivery trucks normally associated with business operations Pawn shops S Pet stores See Footnote 1 S P P P P Pharmacies S P P P P Picture framing shops See Footnote 1 S P P P P Plumbing and heating EXCLUDING: Outdoor storage P P P supply stores and shops yards Printing, engraving and S other related production processes Private clubs, social clubs, P P P bingo parlors and similar uses OW" Mm" SEE:§ 26-636 P. -, P h P. I P Psychic advisors and S S S P similar uses Research laboratories, P P offices and other facilities for research Residential group and P P P P P nursing homes and congregate care facilities for 8 or fewer elderly 18 Uses Notes NC RC 2 I persons Residential group and S S S nursing homes and congregate care facilities for 9 or more elderly persons Residential group home for S S S children Such residential uses may be P P P P P Residential uses in extended, enlarged, and /or existence on 3/11/97 reconstructed so long as no additional dwelling units are created Residential uses in See § 26 -626 P P P P P commercial zones Rooming and S S P P P boardinghouses RV, boat, trailer and travel See § 26 -628 P P trailer storage Sales, repair, rental and P P servicing of any commodity that the manufacture, fabrication, processing or sale of which is permitted in the district Schools for industrial or S S business training, including Conducted entirely within an vocational trade or enclosed building professional schools INCLUDES: Those uses S S S P P Schools: public; private commonly accepted as colleges and universities necessary thereto when located on the same premises Shoe repair shops P P P P P Shoe stores See Footnote 1 j S P P P P 19 Uses Notes NC RC 2 I Shops for custom work or P P for making articles, materials or commodities to See § 26 -631; § 26 -632 be sold at retail on the premises In accordance with Wheat P P P Social club Ridge Code of Laws, Chapter 11, Article XI Sporting goods stores See Footnote 1 S P P P P Stone cutting or polishing P P works Studio for professional work P P P P P or teaching of fine arts, photography, music, drama or dance Substance abuse clinics S S P Tailor, dressmaking or P P P P P clothing alteration shops Taverns, night clubs, P P P lounges, private clubs and bars Television, radio, small S P P P P appliance repair and See Footnote 1 service shops Temporary Christmas tree, P P P P produce and bedding plant See § 26 -627 sales lots Theatres, indoor P P P Tobacco stores See Footnote 1 S P P P P Toy stores See Footnote 1 S P P P P 20 Uses Notes NC RC Accessory buildings and structures C I Transit station, public or lines and poles, irrigation channels, storm drainage and water supply facilities S S S private Subtri4taL to oomlmun(ty. P P P R P Urban gardens 90t department required: See §�26 =637 Upholstery shops P P P Video rentals See Footnote 1 S P P P P Warehousing and outside See § 26 -631 P P storage Maximum 75% total area as S P P Warehouse /office warehouse; minimum 25% as total area as office Watch and jewelry repair P P P P P shops Woodworking or carpentry S P P shops for the making of articles for sale upon the See § 26 -632 premises, such as cabinets or custom furniture Footnote: 1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC Districts. 2 In addition to being allowed as a Permitted Principal Use in the C -2 and I zone districts, bail bonds businesses may be permitted in Planned Industrial Development districts if approved as part of an Outline Development Plan (ODP) and in conformance with the requirements of Code section 26 -634. TABLE INSET: Commercial and Industrial District Accessory Notes Uses Accessory buildings and structures See § 26 -625 Electric transmission or other public utility lines and poles, irrigation channels, storm drainage and water supply facilities Farmers' marlcefa :See § 2& `63 21 Food services Primarily for the occupants of a building containing a permitted use when located within the same building PRODUCE: STANDS SEE § 26 =636 Residential uses in commercial zones See § 26 -626 Outside storage or display See § 26 -631 URBAN GARDENS SSE § 26 -G37 Key: P = Permitted Principal Uses S = Special Uses Section 4: Section 26 -502 of the Code is amended to read: Sec. 26 -502. Landscaping requirements. A. Landscaping defined. A combination of living plants, such as trees, shrubs, vines, groundcover, flowers, VEGETABLE PLANTS; sod or grass; and may include natural features, such as rock, stone and bark; and structural features, including, but not limited to, fountains, reflecting pools, artwork, screen walls, fences and benches. Uncontrolled weeds shall not be considered as landscaping; however, maintained natural grasses and natural flowers may be considered as landscaping. Sidewalks, whether paved or gravel, which serve as functional links between parking areas and main structures, or which serve as general public access routes around a main structure, or between a main structure and a public street or alley, shall not be counted as landscaping. Other sidewalks or paths which serve as casual access to or through landscape areas may be counted a nonliving landscape features. Section 5: Section 26 -613 of the Code is amended to read: Sec. 26 -613. Home occupations. A. Home occupation. Home occupations are permitted as accessory uses to any conforming (as to use) residential dwelling; provided, however, that the following requirements are met: 1. Such use shall be conducted entirely within a dwelling or accessory structure except for sales of plants, and produce, OR OTHER AGRICULTURAL; PROQUCT9'grown, RAISED, QR PRO,UUCED on the premises and carried on only by the inhabitants living there, with the exception that should the operator be substantially, physically handicapped a nonresident may be employed to assist the operator in his work to the extent he requires it to make up for his physical handicap. 2. Not more than one (1) employee may live off - premises. 22 3. Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. 4. The total area used for said purposes shall not exceed twenty-five (25) percent of the gross floor area of the user's dwelling unit 5 .;. , _ n EACH 11. Home occupations are limited to the following business or commercial activities: a. Craft work, such as the making of pottery, jewelry or dolls, flower arranging, smithing and woodworking. b. Garment work, such as tailoring, dressmaking, millinery work, ironing and garment repair. c. Office uses, such as office uses for door -to-door, home party and telephone solicitation sales, investment counseling, typing, notary public, travel services, surveyors, physicians, dentists, lawyers, accountants, architects, engineers and other similar services. d. Repair services for electronics, small appliances, and mechanical devices, bicycles and upholstery. e. Tutoring, music lessons, dance lessons, gymnastics lessons, swim lessons and tennis lessons. f. Artistic endeavors, such as art studios, portrait studios, photography studios, writing and lithography. g. Garage sales, not to exceed four (4) three -day periods, which need not be consecutive, per calendar year. h. Hair care services carried on by only one (1) inhabitant of the dwelling. No other employee shall be permitted. L Small day care home. j. Sales directly related but merely ancillary to the primary home occupation, such as: (1) Sale of hair care products by a beautician or barber. (2) Sale of accompaniment items, such as neckties, bows, ribbons or belts for a tailor or dressmaker. (3) Sale of component parts or accessories used in repair services for electronics, small appliances, bicycles, etc. (4) Supplies related to a class, course of instruction, or lessons conducted on the site. (5) Sale of artistic or craft works which were created on the site, such as pottery, jewelry, dolls, ortraits, paintings, scull tures, etc (6) Sale of �' 23 24 Section 6: Sections 26 -635, 26 -636, and 26 -637 are hereby added to Article VI. Supplementary Regulations: OF ON Section 7: The Table of Uses in Section 26 -1111 of the Code are amended to read: Permitted Uses Use Group MU -C MU -C Interstate MU -C TOD MU -N Residential Assisted living facility P P P P Dwelling, single detached NP NP NP P Dwelling, single attached P P P P Dwelling, duplex P NP NP P oil Permitted Uses Use Group MU -C MU -C MU -C TOD MU -N Interstate Dwelling, multiple P P P P Dwelling, live/work P P P P Foster care home NP NP NP P Residential group home P P P P Public, Civic, and Institutional Community buildings and cultural facilities, including libraries, p p p p museums, and art galleries Hospital C C C NP Parks, open space, playgrounds, P p P p and plazas Place of worship P P P P Public uses and buildings P P P P Recreation facilities, indoor and P p P p outdoor Schools, public and private; colleges, universities, and trade P P P P schools Utilities, major NP NP NP NP U tilities, minor P P P P URBAN GARDENS (SUBMITTAL REQUIRED TO COMMUNITY P P P P DEVELOPM, ENT DEPARTMENT. SEE §2fi -637j Transit stations, public or private C C C C Commercial Services and Retail Adult entertainment NP NP NP NP Animal daycare, indoor with no P P p P outdoor runs or pens Bail bonds (per §26 -634) C C NP NP Banks and financial institutions, P P P p no drive - through or drive -up Banks and financial institutions, C P C C with drive - through or drive -up Bars, taverns, and night clubs P P P P Bed and breakfast P P P P Car washes NP C NP NP Day care center, child and adult P P P P Drive -up or drive - through uses C P C C (per §26-1106.E) Eating establishment, sit down P P P P 27 Permitted Uses Use Group MU -C MU -C MU -C TOD MU -N Interstate Eating establishment, drive- C P C C through or drive -up Fast food eating establishment, C P C C drive - through or drive -up Motor fueling stations C C NP C Motor vehicles sales, outdoor NP NP NP NP display Motor vehicle sales, indoor display P P C C Outdoor storage NP NP NP NP Pawn brokers NP NP NP NP Personal services P P P P Photocopying and printing P P P P PRODUCE STANDS (SEE §26= 016 AN FOR; HOME P P P P OCCUPATIONS) Recreation facilities, commercial P P P P Repair, rental and servicing of C P C C automobiles, no outdoor storage Retail sales — up to 20,000 gsf for P P P P one tenant space Retail sales — up to 60,000 gsf for P P C C one tenant space Retail sales — over 60,000 gsf for C C NP NP one tenant space URBWGARDENS (SUBMITTAL REQUIRED TO COMMUNITY D „E1iELOPMENT DEPARTMENT P SEE §Z6 -637)' Veterinary clinics and hospitals, P P P P no outdoor runs or pens Hospitality and Entertainment Art studios and galleries P P P P Hotels, motels, and extended stay P P P P lodging Studios, including art, music, dance, television and radio P P P P broadcasting stations Theaters P P P P Office and Industrial Medical and dental clinics P P P P 28 Permitted Uses Use Group MU -C MU -C MU -C TOD MU -N MAXIMU MINIMU Interstate TYPE OF ALLOWE Offices P P P P Office- warehouse, no outdoor D REQUIRED HEIGHT PER NUMBER storage C C C NP Outdoor storage NP NP NP NP Restricted light industrial C C C NP Wholesale C C C C Ancillary Uses' Parking facilities P P P T P Temporary Uses Special events, including festivals MA�f ONLY BE FARMER and farmers markets. FOR NO'LARGER 1 PE,R FARMERS' MARKETS, SEE § P P P P *dss NONE WHEN THE MARKET, Key: P = Permitted C = Conditional Use (see § 26 -1117) NP = Not Permitted Section 8: Table 1 in Section 26 -709 of the Code is amended to include the following sign types: TABLE INSET: TABLE 1. SIGN STANDARDS IN RESIDENTIAL, AGRICULTURAL, AND PUBLIC FACILITIES ZONES (R -1, R -1A, R -1 B, R -1 C, R -2, R -2A, R -3, R -3A, A -1, A -2, PF) MAXIMUM MAXIMU MINIMU OTHER TYPE OF ALLOWE PERMIT SIZE AND M M REQUIREMENT SIGN D REQUIRED HEIGHT PER NUMBER SETBAC S SIGN K 13. Miscellaneous MAYHIOT "B6 �LLUMIN'ATE,D MA�f ONLY BE FARMER NO'LARGER 1 PE,R Qt�biSPLAl( YES NO, TIgN 50 FARMER NONE WHEN THE MARKET, SOUARE S' M�FRKET,ISgN SIGNf; FEET'- MARKET, OPERATION, 'SEE § 26 =635 =NO F'OR WNERE M "Y' R. EIVIPORARYRQDUGE IL�N�i ATEDs' PROpUC YES`, ; FRESTAJ�bi STAND�IS A 7 PER 5 MAj( OLY BE E S ANb NG SIGN' HO IIE STAND FEET O�1 DISPLAY RPM YES FOR OCCUPATiOy; [l��iING PERMANENT TE�SIGH )IA'i7��1,THS 29 TABLE 1. SIGN STANDARDS IN RESIDENTIAL, AGRICULTURAL, AND PUBLIC FACILITIES ZONES (R -1, R -1A, R -1 B, R -1 C, R -2, R -2A, R -3, R -3A, A -1, A -2, PF) MAXIMUM MAXIMU MINIMU OTHER TYPE OF ALLOWE PERMIT SIZE AND M M REQUIREMENT SIGN D REQUIRED HEIGHT PER NUMBER SETBAC S SIGN REQUIRED SIGN NUMBER K WALL SIGNS MUST MEET WHEN THE RE 4 UIREMEN � PRODUCE 13. Miscellaneous TS FOR HOME STAND IS A 4 T BS QCCUPATION OPERATIONAL . IL- `LUMIIJgTt;D= Q SIGNS %I ,, LA GE R 1 E P R € SEE§•26 =63& MAxY ONLYsBE FARIIAERS ' MARKET YES ALWOT J f R s TkIAN - FARI►� E NONE ON DISPLAY WHE T PRODUCS SQUfiR ,_ MARKET MARV�(ET STbNDS,M/(Y FEET. OPER"AT10F1 HAVE QNE� SIGN UP TQ'6 SQUARE,FEET IN'SIZE�ANI) U? TO 8 FEET IN, MAXIMUM S SIZE OF. B URBAN SQUAREFE_ET ILEE YES YES T 5 FEET NA GARDEN MAXIMUM § 37D) SIGN HEId A f OFY5 FEET Section 9: Table 1 in Section 26 -710 of the Code is amended to include the following sign types: TABLE INSET: TABLE 1. SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL AND MIXED USE DISTRICTS (NC, RC, C -1, C -2, 1) MAXIMU M SIZE MAXIMUM MINIMUM OTHER TYPE OF ALLOWED PERMIT AND SETBACK REQUIREMENTS SIGN REQUIRED HEIGHT NUMBER PER SIGN 13. Miscellaneous A 4 T BS . IL- `LUMIIJgTt;D= Q LA GE R 1 E P R MAxY ONLYsBE FARIIAERS ' MARKET YES NO s TkIAN - FARI►� E NONE ON DISPLAY WHE T SQUfiR ,_ MARKET MARV�(ET FEET. OPER"AT10F1 30 TABLE 1. SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL AND MIXED USE DISTRICTS (NC, RC, C -1, C -2, 1) MAXIMU M SIZE MAXIMUM MINIMUM OTHER TYPE OF ALLOWED PERMIT AND SETBACK REQUIREMENTS SIGN REQUIRED HEIGHT NUMBER PER SIGN MAXIMIJ M SIZE IIMAY' BE ILLUMINATED: NO FOR TEMPORARY OF 6 SQUARE MAY OMLY BE R. PRODUCE STpNpIN FREE. F EET 1 PER ON DISPL/{Y DUN, YES'' G SIGNSYES qND 5'FEET STAND FOR MAXIMU STAND MONThIS WHEN SIGN PERMANENT � M THE PRODUCE WALL SIGNS: i HEIGHT STAND.IS OPERATIONAL; OF. 6 SEE § 26 -fi36 FEET:. rMkimu WSIZE OF;6 SQUARE S. URBAN FEET MAY NOT BE GARDEN YES YES AND 1 5FEET ILLUMINATED. SIGN MAXIIVIU SEE § 26 -637 M HEIGHT OF 5 FEET Section 10: Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 11: Severability: Conflicting Ordinances Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 12: Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this 9th day of May, 2011, ordered published with Public Hearing and consideration of 31 final passage set for Monday, May 23rd, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this _th day of , 2011. SIGNED by the Mayor on this day of 2011. ATTEST: Jerry DiTullio, Mayor Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: _ Wheat Ridge Transcript Effective Date: 32 April 29, 2011 City Council City of Wheat Ridge 7500 W 29 Avenue 1' floor Wheat Ridge, CO 80033 Dear Wheat Ridge City Council: LiveWell Wheat Ridge is a community movement funded by LiveWell Colorado working to reduce and prevent obesity for better health outcomes. Emerging best practices show that we positively impact food consumption choices by increasing access to healthy foods. To this end, LiveWell Wheat Ridge is involved in a myriad of approaches to increase nutritional food consumption in our community and to grow our markets in Wheat Ridge. In the fall of 2010, LiveWell Wheat Ridge partnered with the Wheat Ridge Access to Fresh Fruit and Vegetables Task Force, Jefferson Conservation District and CREA Results to administer the Wheat Ridge Healthy Food Assessment. Modeled after similar healthy food assessments in the country, this assessment surveyed over 200 respondents on questions related to access and barriers to growing, purchasing and consuming fresh fruit and vegetables. Using an online and paper survey in English and Spanish, and by partnering with older adults and bilingual and bicultural outreach workers, we over - sampled diverse socioeconomic segments of our community. In this report, we captured important information about ways to reduce barriers to accessing fresh fruit and vegetables, increase growing opportunities, expand local markets, and integrate local produce into our food systems. Because we need to use a multifaceted systems approach to solving healthy food access issues and grow our markets, we hope this report provides valuable information to the City Council, as well as all sectors of our community, to support informed policy making, innovate our programming and provide opportunities for economic growth in Wheat Ridge. Sincerely, Molly Hanson LiveWell Wheat Ridge Coordinator Attachment 2 SUPPORT FOR HEALTHY EATING IN WHEAT RIDGE LiveWell Wheat Ridge (LWWR), a community initia- tive funded by LiveWell Colo- rado, advocates healthy eating and active living (HEAL) poli- cies and infrastructure im- provements in Wheat Ridge. i LWWR is working with city policymakers, staff and resi- dents to incorporate plans for increasing access to healthy foods, particularly for lower in- come and Latino residents of Wheat Ridge. In partnership with the Jeffer- son Conservation District and CREA Results, a community- based outreach organization, LWWR conducted a community WHAT RESIDENTS needs assessment in the fall 2010 of access to fresh fruits and vegetables and locally grown foods. A 25 -item sur- vey in English and Spanish V administered online an n hardcopy to Wheat Ridge residents and nonresidents gather information on con- sumption patterns, attitude and barriers to accessing fre foods. Over two hundred re- spondents completed the s vey. For the purposes of thi report, we have confined our analysis to the 135 Wheat Ridge residents who com- pleted the survey. Shopping The vast majority (over 90 %) of respon- dents report going to grocery stores to get their fresh fruits and vegetables regardless of the time of year and most use their own cars to get there. Almost half (47 %) of the respondents get their produce at farmers' markets, fruit and vegetable stands or gardens during the summer. A far greater per- centage of Whites (69 %) go to these lo- cations compared to Latinos (20 %). to ?;7 %' Under $15,000 27°%� $15,000 - $29,000 E;21% $30,000- $49,000 X19 °k $50,000- $99,000 s ^ ?$100,000 sh 7% Chose not to respond s What to Eat A majority (72 %) of respondents report freshness as an important aspect of deciding which fruits and vegetables to eat, followed by 62% who report cost as impor- tant, 47% who report healthiness as important and 43% who report taste as important. Demographic Profile of ar a - X can age = 46 years t� a� .s. to ?;7 %' Under $15,000 27°%� $15,000 - $29,000 E;21% $30,000- $49,000 X19 °k $50,000- $99,000 s ^ ?$100,000 sh 7% Chose not to respond s What to Eat A majority (72 %) of respondents report freshness as an important aspect of deciding which fruits and vegetables to eat, followed by 62% who report cost as impor- tant, 47% who report healthiness as important and 43% who report taste as important. Demographic Profile of of S Survey Respondents - X can age = 46 years :} #7 %0 seniors (65 years "and older) What to Eat A majority (72 %) of respondents report freshness as an important aspect of deciding which fruits and vegetables to eat, followed by 62% who report cost as impor- tant, 47% who report healthiness as important and 43% who report taste as important. h , AND FUTURE OF WHEAT Fifty -four percent of respondents, or 73 peo- ple, do not go to the Wheat Ridge Famers' Mar- ket. Almost half (46 %) of the respondents go to the Wheat Ridge Farmers' Market. Most (over 70 %) buy fruits and vegetables. A quarter buy other food items, a quarter don't buy anything and 5% buy flowers or plants. Sixty -nine per- cent of Latinos, 45% of males and 32% of lower income respondents who go to the Wheat Ridge Farmers' Market do not buy anything com- pared to only 9% of Whites who do not buy any- thing. Twenty -six percent of the respondents (35 people) report going outside of Wheat Ridge to another farmers' market. Reasons include: more convenient locations, better days of the week, more convenient hours or better produce selection at the other markets. A very small percentage (3 %) report that they go to another market because the produce at the market is grown locally in that jurisdiction. This fact sheet was designed and created by Center for Research Strategies www.crsllc.org Why Don't People Go to the Farmers' Market? (73 Respondents) 15 %- 14% _.. 13% 41;%r - a 9 6 T � F s osv _10c 5i�o� o �c oo h i C� o� c` ooc zr o0 oQ Other reasons for not going to the Wheat Ridge Farmers' Market reported by only a few respondents include: prefer going to grocery store, only eat organic, grow my own, not inter- ested, don't think about it, hard to walk around or find parking, forget because market open only one day a week, part of Community Supported Agriculture. 16 s 0 s a� a s Reasons for Visiting Farmers' Markets Outside of Wheat Ridge Gardening at Home Just over half of respondents (52 %) garden at home. Seventy percent grow vegetables, 54% grow flowers, 49% grow spices and herbs and 37% grow fruit. Forty -eight percent, or 65 people, do not grow at home. The most common reasons for not growing at home are shown in the graph below. Additional reasons noted by a few respondents include: living in an apartment, no desire, having moved or contending with squirrels. Of the 30 respondents who report not hav- ing enough space to garden, only 5 are interested in renting space at the Wheat Ridge commu- nity garden called the Happiness Garden. Locally Grown Foods Wheat Ridge residents interested --------------- - ��� 9G � 9 ✓n -P m are in having access to locally grown foods. locally Grown Foods Respondents report that they think it is 100% important for markets to carry locally v } grown foods, that they would be more a likely to go to a restaurant if it served a d 50% y locally grown food, that they would be u : "c interested in buying produce from a local tl � a 9 farmer and that they would consider 0% - joining a local food co -op grocery store that sells local produce. - — o Important for Wheat Ridge food markets to carry locally grown produce Thirty -one percent report they want ° More likely to go to a Wheat Ridge restaurant using locally grown food ° Willing to pay more for locally grown foods more information about buying from a 0 Interested in buying produce from a local farmer and having it delivered local farmer. Twenty -four percent want to their homes more information about food co -ops. ° Want to be part of a food co -op grocery store to access more locally grown products Getting Involved Wheat Ridge residents want to get in- volved and they want more information. Almost half (46 %) of the respondents re- port they are interested in coming to a community event that raises awareness of the importance of locally grown pro- duce. A quarter (25 %) report they would like to join the Fresh Fruits and Vegeta- bles Task Force. Only 3 respondents re- port they had ever called the City of Wheat Ridge about growing or selling fruits and vegetables, farming, compost- ing or other gardening questions. Respondents also report they would like more in- formation about urban agriculture. Message to Policymakers Most residents buy their produce at grocery stores, but almost 50% also buy at farmers' markets. Should the city encourage more grocery and produce stores to locate in Wheat Ridge? Should the city partner to create additional farmers' markets, perhaps on a weekend day, to en- courage greater participation? Almost 75% of the respondent group rates freshness of produce as an important aspect of considering what fruits and vegetables to buy. Two - thirds are sensitive to cost. What can be done to ensure freshness of produce? How can we ensure produce is affordable? Not quite half of the respondent group patronizes the Wheat Ridge Famers' Market. When asked why they don't go, reasons include cost, inconvenient time, not having transportation and not knowing where the market is. How do we ensure produce is affordable at the Wheat Ridge Farmers' Market? How do we do a better job of marketing the Wheat Ridge Farmers' Market? Half of the respondents grow gardens at home. Half do not. Individuals surveyed don't have space or time to grow at home. Additionally, those surveyed did not want to rent space at the Wheat Ridge community garden. Should the city use resources, such as city -owned land or funding, to help create new community gardens? How do we support home gardening in Wheat Ridge? Residents want locally grown foods to be available, not only to prepare and consume at home, but to eat at local restaurants. How can more locally grown produce by available in Wheat Ridge? Are there policies or incentives that the city could provide to encourage restaurants to use local produce? For more information, please contact Molly Hanson, LiveWell Wheat Ridge Coordinator, at mhansonCjeffco.us. Funding for this report is provided by LiveWell Colorado PUBLIC HEARING SPEAKERS' LIST Case No. ZOA- 11 -02 An ordinance amending Chapter 26 concerning Urban Agriculture. SPEAKER NAME, ADDRESS & PHONE (PLEASE PRINT) IN FAVOR/OPPO 79 L Ge wood/ �U / /- / a ✓O/-- C se No. ZOA -11 -02 Ciryw W heat (midge Urban Agriculture rny 'Whea t i :e 1 Urban Agriculture ��Ecorom�c devel4prnent." ., Sustainability — Neighborhood revitalization — `Health Food security Urban Agriculture • r7I gardens in inner-city neighborhoods 2 Urban Agriculture �, hvor '�WheatF�ge Urban Agriculture �,.. .� .°. ..,_.,,__ ...................... SF4.2- Amiealb /e HwthyFwds The City will continue to work with the agricultural community, small business owners, and health orgaa'a rions to provide residents with opporha ties for accessible and affordable healthy Envision (gads. WHEAT RIDGE Stmteales: . n„ ser w s,n son.,. A Continue imnament in community gardens; B. Revise regulations to allow tarme /s markets, produce stands, and urban agriculture (including shared garden; composting, and domestic animals on large lots); am C. Preserve costing small agricultural operators (keep cumem agricultural raring or allow limited agricultural operations in various mrcng districts). ' `I �� � � Die rommumly's 9o� oM h � � aXordaNe, h � lfrods. m 3 Urban Agriculture I rwQatE , ge Urban Agriculture Code Amendments Minor changes to home c,i Ha na. occupation regulations to clarify ability to sell from home W heatF2�clge 4 Urban Agriculture Code Amendments • Restricted to sale of products primarily grown, raised, or produced on the site • In residential zone districts, hours restricted from 7am to sundown Urban Agriculture Code Amendments restrictea to L Jt. All otners restricted to 6 SF. • Business license required '�WhcaeR��e 5 Urban Agriculture Code Amendments residential districts Urban Agriculture Code Amendments canner uN w au ar • Submittal required to Community Development • Business license required c'' '� W heatk�<ge n Urban Ajriculture Code Amendments flowers • Includes community gardens, market gardens, CSAs a t Urban t i p Iture Code Amendments "' «o � wheat id�?e 7 Urban Aericulture Code Amendments requirement, but there must be adequate on- street parking nearby • Hours of operation restricted to 7am to sundown in residential zone districts ' Ia` � W heat P"!yge Urban Alariculture Code Amendments - Residential zone districts: max 600 — 1000 SF — Commercial zone districts: max 500 SF M Wheat} 'An ( Urban Agriculture '- Whcat[kAe Urban Agriculture Code Amendments Fresh Fruits and Vegetables (AFFV) task force members s to q- W heat id 9 Urban Agriculture �WheaC idga:, Urban Agriculture • Will allow uses that positively it health, environment, and community development Envision WHEAT RIDGE A Ilan for A BripM 1.1— Ict «,« W hear idge 10 s City Of Wheat�dge COMMUNITY DEVELOPMENT Memorandum TO: Planning Commission FROM: Sarah Showalter, Planner II DATE: April 19, 2011 SUBJECT: Revised Recommended Motion for Case ZOA -11 -02 (for April 21 Public Hearing) Staff recommends a minor revision to the definition of "urban garden" in the proposed ordinance relating to urban agricultural code amendments (Case number ZOA- 11 -02). The proposed change would amend the definition of urban garden to include scenarios in which the garden is maintained or operated by an individual. The proposed new definition would read: Urban garden. An area of land managed and maintained by an individual or group of individuals to grow and harvest food crops and/or non -food ornamental crops, such as flowers. Urban gardens may be divided into separate plots for cultivation by one or more individuals or may be maintained and cultivated collectively. Urban garden examples include community gardens, where crops are consumed or donated, market gardens, where crops are sold for profit, and community - supported agriculture (CSA), where crops are sold or donated for shareholder consumption. Given this proposal, the new recommended motion is: "I move to recommend approval of the proposed ordinance amending Chapter 26 to support urban agricultural uses and activities, with the following conditions: (1) that urban gardens are allowed as a special use on residentially -zoned lots where the primary use is a single- or two - family home; and (2) that the definition of urban garden is amended to include land managed and maintained by an individual or group of individuals." -' , I City of Wheat�idge PLANNING COMMISSION COMMUMT DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: April 21, 2011 TITLE: AN ORDINANCE AMENDING CHAPTER 26 TO SUPPORT URBAN AGRICULTURAL USES AND ACTIVITIES CASE NO. ZOA -11 -02 M PUBLIC HEARING M CODE CHANGE ORDINANCE Case Manager: Sarah Showalter, AICP Date of Preparation: April 14, 2011 SUMMARY: In the past year, the City has witnessed an increased interest in the topic of urban agriculture, evidenced by new community gardens that are under works in Wheat Ridge, as well as the formation of the Access to Fresh Fruits and Vegetables Task Force, a group of citizens formed by LiveWell Wheat Ridge and the Jefferson Conservation District. Planning Division staff has received several inquiries related to urban agriculture, such as whether community gardens are allowed on vacant lots and whether large gardens and greenhouses would be allowed on the same lot as a business or restaurant. For most of these topics, the current zoning code contains little to no direction. Due to the large interest in growing and selling produce in the City, the proposed ordinance would amend Chapter 26 to clarify what urban agriculture uses are allowed in various zone districts. The proposed ordinance establishes where three main uses — urban gardens, farmers' markets, and produce stands — are allowed and includes minimal regulations for each use. BACKGROUND In some communities, promoting urban agriculture dates as far back as the 1960s and 1970s, when community gardens first started to form in cities like New York City and Philadelphia. In the past 10 years, however, the trend to produce and sell local food in urban communities has become ever more prevalent. Some cities, such as Cleveland and Detroit, have embraced community gardens and market gardens (gardens where food is sold, usually for profit, to restaurants, stores, and farmers markets) as a way to revitalize vacant land in inner -city neighborhoods. Other cities, such as Seattle and Chicago, have planted fruit and vegetable plants on city -owned parks and medians. Urban and suburban communities are drawn to urban agriculture for a variety of reasons, including: • Economic and community development • Environmental sustainability • Connecting urban dwellers to fresh, healthy food ZOA- 11- 02/Urban Agriculture In Wheat Ridge, a community founded on an agricultural past, there is a renewed interest in how agriculture can be integrated into a largely built -out city. Many residents already have home gardens and there is an existing community garden on City -owned land, called Happiness Gardens. However, there is demonstrated interest by residents, schools, and business to expand urban agricultural uses — including community gardens, yard sharing, community- supported agriculture, and roadside produce stands. The desire for Wheat Ridge residents to access shared gardens, especially if they do not have room on their private lot, is demonstrated by the Healthy Food Assessment completed by LiveWell Wheat Ridge in 2010 (see results of this assessment in Attachment 2). The intent of the attached ordinance is to clarify where uses related to growing and selling produce are allowed in the City. Chapter 26 already contains fairly flexible provisions that allow residential homeowners to keep animals on their property as well as grow and sell produce from their home through a home occupation license. The primary amendments in the ordinance relate to urban gardens, farmers markets, and produce stands. Based on policy direction received from City Council at a Study Session in December 2010 and from Planning Commission at a Study Session in January 2011, the approach is to be quite permissive, allowing these uses in all zone districts. Process Staff started researching zoning regulations related to urban agriculture one year ago. There is a limited number of jurisdictions in the Denver metro area that have updated their codes to address urban agriculture; Denver has already passed such changes and Lakewood is currently in the process of updating their code. Thus the majority of staff's research entailed communities throughout the country — including Seattle, Cleveland, Milkwaukee, and Kansas City — that have been recognized for adopting zoning codes that support urban agricultural activities. In drafting the code amendments, Planning staff sought input from relevant City departments and divisions, including code enforcement officers and the Building Division. Staff also utilized real -life inquiries from community members and residents to test the proposed code. A group of Wheat Ridge residents that are part of the Access to Fresh Fruits and Vegetables (AFFV) task force also reviewed and commented on a draft of the ordinance, providing very helpful feedback to staff. The proposed ordinance also reflects input received from Study Sessions with City Council on December 6, 2010 and March 7, 2011, as well as a Study Session with Planning Commission on January 6, 2011. Overview of Proposed Ordinance Below please find a summary of the amendments contained in the proposed ordinance. 1. Landscape Definition The definition of landscaping in Section 26 -502 is amended to include vegetable plants, to clarify that areas planted as a garden shall qualify as landscaped area. 2. Home Occupation Regulations The regulations pertaining to home occupations (Section 26 -513) are revised to clarify that the sales of produce or other agricultural products made on -site are allowed to occur outdoors (as opposed to all other home occupations, which must occur indoors). This amendment is intended to allow homeowners to establish temporary produce stands on their property as a home occupation. ZOA- 11- 02/Urban Agriculture 3. Accessory Building Regulations The definition of an accessory building has been modified to clarify that urban garden uses may have an accessory structure (such as a shed or greenhouse) even if there is not a primary structure on the lot. 4. Urban Gardens Urban gardens are defined as shared gardens that are managed and maintained by a group of individuals. Urban gardens may include community gardens (typically a non -profit model in which plots are leased for a minimal cost to growers and food is consumed or donated), market gardens (where food grown on site is sold for a profit), and community- supported agriculture, or CSA, where people purchase shares of produce from a garden or farm. Per the proposed ordinance, urban gardens are allowed as a primary or accessory use in all zone districts. However, prior to establishing such a use, an applicant must first submit to the Community Development Department a packet that includes a site plan and operational information (including hours of operation and proposed parking areas) for review. The ordinance also establishes some basic regulations for urban garden uses, including: • Signage: each garden would be allowed one non - illuminated sign up to 6 square feet in size and 5 feet in height • Landscape buffer: a minimum 5 -foot planted area is required wherever an urban garden abuts a property with a residential use • Parking: there is no specific requirement for off - street parking. However, if there is not adequate parking on adjacent streets, then the Community Development Department may require some on -site parking • Hours of operation: in residential zone districts, hours of operation are restricted to lam to sunset (and any exterior lighting must be turned off at this time) • Structures: structures such as sheds and greenhouses are allowed, but they would need to follow the limits on size and height, as well as setbacks, for accessory structures in the property's underlying zone district. The attached ordinance currently does not allow urban gardens as an accessory use on residentially -zoned lots where there is a single- or two - family home as the primary use. Staff originally proposed this approach due to concerns about high intensity of use in low- density residential neighborhoods, as well as potential neighborhood impacts such as traffic and noise. However, staff received input from some Wheat Ridge residents that this provision is too restrictive and that there are cases in which it might be appropriate to allow an urban garden on the same property as a home. One example has already arisen as there is a Wheat Ridge resident who would like to add a quarter -acre community garden to their property, zoned R -2 on Marshall Court, where there is already a single - family home. Due to these concerns, staff recommends changing the ordinance so that urban gardens could be allowed as an accessory use to single- or two - family homes as a special use. This solution would require applicants to complete the special use permit (SUP) process, which would afford staff the opportunity to review a site plan and address any potential negative impacts on a neighborhood and adjacent properties. ZOA- 11- 02/Urban Agriculture 5. Farmers' Markets The proposed ordinance would allow farmers' markets in any zone district as a primary or accessory use. Markets would not be allowed as an accessory use on residential properties with a single- or two - family home as the primary use. The proposed language requires a submittal with parking and operational info to Community Development. This submittal may be part of the typical business license review process since all markets are required to obtain a business license. Under the proposed ordinance, farmer's markets would be subject to the following regulations: • Signage: each market is permitted one temporary sign or banner up to 50 square feet in size. The sign may only be up when the market is in operation. • Hours of operation: in residential zone districts, hours of operation are restricted to lam to sunset. Parking: there are not specific off - street parking requirements. However, a proposed market must provide parking information to Community Development so it is clear that there is adequate parking provided, whether it be on -site, on an adjacent site, or on nearby streets. 6. Produce Stands The current zoning code allows for seasonal produce stands in Agricultural zone districts only. The proposed amendments would allow temporary stands, for up to 6 months per year, in any zone district. This means that homeowners with a home occupation could set up a stand, as could any business or urban garden in the City. Produce stands do not require a submittal to Community Development, but staff would be able to review each stand as part of the business license review process. Produce stands would be subject to the following regulations: • Products sold: produce or agricultural products. Products sold at a stand must have been primarily grown, raised, or produced on the property where the stand is located. • Seasonal operations: stands may be up for a maximum of 6 months each year and must be removed/stored when not in use. • Hours of operation: in residential zone districts, hours of operation are restricted to lam to sunset. • Parking: temporary off - street parking should be provided if there is not adequate on- street parking nearby • Signage: stands that are home occupations would have to meet home occupation regulations, which allow up to 2 square feet of signage (plus additional square footage for informational signs for parking, etc). All other stands would be allowed one sign up to 6 square feet in size and 5 feet tall. Building Code Amendments — Hoop Houses Staff has also received inquiries from community members interested in constructing temporary greenhouses, or hoop houses, on properties used for growing. These temporary structures represent an affordable way to extend the growing season. The building code currently exempts any structure under 120 square feet in size from building regulations, but a hoop house larger than 120 square feet must meet the building code requirements for wind and snow loads. This can be difficult given the plastic membrane structure that typically covers hoop houses. For this reason, the Building Division is working on amendments to the building code that would exempt any hoop house 400 square feet or smaller from the building code (as long as it is not used by the public and does not have electric or mechanical devices ZOA- 11- 02/Urban Agriculture inside), and to make the wind and snow load requirements more flexible for hoop houses sized 400 — 1,000 square feet. Staff anticipates that these building code changes would be approved by Council at a time similar to the approval of the proposed zoning code ordinance (by the end of May). RATIONALE FOR AMENDMENT The proposed code amendment advances the City's goals, established in Envision Wheat Ridge, to support urban agriculture and access to local food. Specifically, under policy Sustainable Future 4.2, Envision Wheat Ridge recommends that the City revise its regulations to allow farmers' market, produce stands, and urban agriculture. The proposed ordinance would fulfill this strategy and help the City to implement its comprehensive plan. Adoption of the proposed ordinance will allow a variety of urban agricultural uses in Wheat Ridge and enable the community to pursue uses and activities, such as community gardens and farmers' markets, which will positively impact health, the environment, and community development. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Chapter 26 to support urban agricultural uses and activities, with the condition that urban gardens are allowed as a special use on residentially -zoned lots where the primary use is a single- or two - family home." Exhibits: 1. Proposed Ordinance 2. Summary of Results from LiveWell Wheat Ridge Health Foods Assessment ZOA- 11- 02/Urban Agriculture CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. ORDINANCE NO. Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTER 26 TO SUPPORT URBAN AGRICULTURAL USES AND ACTIVITIES. WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the City's Comprehensive Plan, Envision Wheat Ridge, establishes that the City will work to promote access to healthy foods and support urban agriculture according to Policy SF 4.2 Accessible Healthy Foods; and WHEREAS, said plan includes the recommendation to "revise regulations to allow farmers' markets, produce stands and urban agriculture" within the City; and WHEREAS, the City Council of the City of Wheat Ridge wishes to amend the Wheat Ridge Code of Laws (the "Code ") to accomplish these goals. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26 -123, entitled "Definitions," is amended to review the definition of "Building, accessory," to read: Building, accessory. A subordinate building or portion of a main building the use of which is incidental to that of the main building or use on the same lot. These accessory buildings shall include, but are not limited to, private storage sheds, detached garages, detached carports, membrane structures that meet current building code requirements, chicken coops, gazebos, greenhouses and barns. An urban garden use may but is not required to have a main building. Except for urban garden uses, An an accessory building must be clearly subordinate to a main use building located on the same lot and 4dditionalty, an accessory structure shall not be located on a vacant lot devoid of a main building. Section 2: Section 26 -123 of the Code is amended to include the following new definitions in appropriate alphabetical order: EXHIBIT 1 Section 3: The Table of Uses in Section 26 -204 of the Code are amended to read: Table of Uses -- Residential TABLE INSET: Uses Notes R- R- R- R- R- R- R- R- 1 1A 18 1C 2 2A 3 3A One - family dwelling P P P P P P P P Two - family dwelling P P P P Three - family P P P dwelling Four - family P P P dwelling Multifamily dwelling P P Bed and breakfast See § 26 -608 S S S S S S S S Uses Notes R- R- R- R- R- R- R- R- 1 1A 18 1C 2 2A 3 3A Church, parish S S S S S S S S house Day care home, S S S S S S P P large Electric S S S S S S S S transmission substation Not permitted as an accessory use on properties where the Farmers' markets' Primary use is a single- P P P P P P P P or two-family home. Submittal to community development department required. See §26 -635 Foster care home P P P P P P P P Governmental and quasi - governmental P P P P P P P P buildings, fire No outside storage stations and public utility buildings Governmental and quasi - governmental S S S S S S S S buildings, fire Outside storage stations and public utility buildings Parking of automobiles of Shall be allowed only on clients, patients or lots containing P P P P P P P P patrons of adjacent nonresidential or quasi - commercial or public uses, subject to § nonresidential uses 26 -501 CA Parking of Shall be allowed on lots automobiles of adjacent to business only S S S S S S S S clients, patients or if the business owner also patrons of adjacent owns the adjacent lot commercial uses Parks Includes: noncommercial P P P P P P P P Uses Notes R- R- R- R- R- R- R- R- 1 1A 1B 1C 2 2A 3 3A playgrounds or other public recreation uses See § 26 -636. Where located on a_lot with a Produce stands i residential dwelling unit, P P P P P P P P must meet home occupation regulations per § 26 -613. Public or private golf courses, country Restaurants, lounges and clubs or clubs bars permitted as S S S S S S S S operated for the accessory to a public or benefit of members private golf course only and not for gain Public and private S S S S S S S S schools, colleges and universities. Residential group See § 26 -612 S S S S S S S S home for children Residential group homes, nursing homes, and P P P P P P P P congregate care See § 26 -612 facilities for 8 or fewer elderly persons Residential group homes, nursing homes, or See § 26 -612 S S S S S S S S congregate care facility for 9 or more elderly persons Not permitted as an accessory use on properties where the Urban gardens primary use is a single- "two, P P P P P P P P or family home. Submittal to community development department required. See § "26 - 6 37 4 TABLE INSET: Accessory Uses For Notes R- R- R- R- R- R- R- R- Uses Notes 1 1A IB 1C 2 2A 3 3A Wind powered Not in excess of 35 feet S S S S S S S S electric generators Plus their unweaned offspring more than 3 dogs and 4 cats Private swimming pools and tennis courts and other See § 26 -603 recreational facilities TABLE INSET: Accessory Uses For Notes Residential Districts Bee keeping See § 26 -603 and 607 Ancillary uses operating within e.g.: Day care centers, scout meetings a church's primary structure Home occupations, including See § 26 -613 and § 26 -636 for produce stands produce stands See § 26 -123; 605 (excludes keeping of swine); 606. Accessory buildings shall not be located on a vacant Accessory buildings lot devoid of any primary or main building, except for urban garden uses, which may or may not have a primary or main building. Not permitted as an accessory',, use on properties Farmers markets where the primary use is a single- or two- family home. See § 26 -635 Household pets, limited to no Plus their unweaned offspring more than 3 dogs and 4 cats Private swimming pools and tennis courts and other See § 26 -603 recreational facilities Public and private For satellite earth receiving stations, see § 26 -616 and communications towers, § 26 -617 television or radio antennas Public utility lines and poles, irrigation channels, storm drainage and water supply facilities Rooming and /or boarding of On a contract basis for not less than 7 days not more than 2 persons Not permitted as an accessory ; use on properties Urban gardens where 'the primary use is a single- or two- family home. See § 26 -637 Accessory Uses For Notes Residential Districts 2 Water towers or aboveground Not in excess of 35 feet reservoirs S Table of Uses -- Agricultural and Public Facilities TABLE INSET: Uses Notes A 2 PF Subject to requirements set forth in S S Bed - and - breakfast § 26 -608 Cemeteries and crematories Not including funeral homes S S S S Churches parish houses S S Day care home, large S S Day care center, large S S Day care center, small Provided that outside runs which are Dog kennels, catteries, adjacent to residentially zoned or S S veterinary hospitals used property are no closer than 25 feet to a side or rear lot line Electric transmission S S substations PROHIBITED in A -1: The raising or keeping of swine General farming and raising or INCLUDED in A -2: The keeping of keeping of stock, bee keeping, swine and /or potbellied pigs, Sus P P poultry or small animals such as Scrofa Vittatus, except such animals rabbits or chinchillas shall not be fed garbage Submittal to `community Farmers' markets development department R R P required: See § 26 -635 M Uses Notes A 2 PF P P Foster care home P P Fish hatcheries Governmental and quasi- No outside storage governmental buildings, fire P P P stations and public utility buildings Governmental and quasi - governmental buildings, fire Outside storage S S P stations and public utility buildings Greenhouses and landscape nurseries, including both See § 26 -624 P P wholesale and retail sales of related products P P One - family dwelling Includes noncommercial P P Parks playgrounds or other public P recreation uses See § 26 -636. Where located on a Produce stands lot with a residential dwelling P P P unit, must meet home occupation regulations per § 26 -613; Public and private schools, In public facility district only public S S P colleges, and universities schools Public or private golf courses, Not including a private club which S S country clubs or clubs operated provides service customarily carried for the benefit of members only on as a business and not for gain Race track, fair grounds, S S amusement resorts, heliports, radio towers and stations Residential group homes for 8 or See § 26 -612 P P fewer elderly persons Uses Notes A- 1 A- 2 PF Residential group or nursing stands 613 and, for produce stands, 1 _126-6,36 Detached private garage or carport homes, or congregate care See § 26-612 Household pets, limited to no more than S 3 dogs and 4 cats facilities for 9 or more elderly Parking of equipment, implements, machinery and/or large trucks, trailers persons support of agricultural and public maintenance operations Residential group homes for See § 26-612 S children Provided that any structure housing Riding academies and public animals which is adjacent to a P P stables residentially zoned or used property shall be no closer than 25 feet to a side or rear lot line Roadside for Provided lepated P_ P_ stands Fer nt mnrp than operation 6 months such stands are no hnsq that. 30 feetfrom,an for the farm highway per year sale ,of nr m;;dp street, line" that temporary str predu6ts predunpd on the premises. off parking as provided Submittal to community Urban gardens development department P P P required. See § 26-637 Wind-powered electric S S generators not in excess of 35 feet. TABLE INSET: Agricultural and Public Facilities Notes Districts Accessory Uses Home occupations, including produce Meeting the definition and standards in § 26- stands 613 and, for produce stands, 1 _126-6,36 Detached private garage or carport Farmers markets See, § (26 -635 Household pets, limited to no more than Plus their unweaned offspring 3 dogs and 4 cats Parking of equipment, implements, machinery and/or large trucks, trailers and semi-tractor trailers, when used in support of agricultural and public maintenance operations Agricultural and Public Facilities Notes Districts Accessory Uses RC Private storage sheds, barns, animal 2 shelters or outbuildings Private swimming pools and tennis See § 26 -603 for related requirements courts Public utility lines and poles, irrigation Includes other similar facilities such as channels, storm drainage and water electric transmission lines and poles supply facilities P Includes other similar communications Public and private communications receiving or sending devices. None may towers, television or radio antennas exceed 35 feet in height, whether ground or structurally mounted. For satellite earth receiving stations, see § 26 -616 and 26 -617 Rooming and /or boarding for not more On a contract basis for not less than 7 days than 2 persons Urban gardens See §;26 -637 Water towers or above ground Not in excess of 35 feet reservoirs Table of Uses -- Commercial and Industrial Districts TABLE INSET: Uses Notes NC RC 2 1 In accordance with Wheat P P P Adult entertainment Ridge Code of Laws, Chapter establishments 3 P P P P Ambulance services S P P Amusement parks Animal veterinary hospitals With outside runs; no P P and clinics cremation Where there are no outside S P P P P Animal veterinary hospitals pens or runs for dogs; no or clinics cremation Antique stores In NC & RC Districts: S P P P P Uses Notes NC RC 2 / Provided that no more than 200 square feet of building area shall be allocated to repair Apparel and accessory See Footnote 1 S P P P P stores Appliance stores and P P P incidental service and repair Art galleries or studios See Footnote 1 P P P P P Assembly halls and P P P convention facilities Auction houses S P P Auto service, repair and See § 26 631 P P P maintenance shops, minor Auto service, repair and See § 26 -631 S P P maintenance shops, major Automobile and light -duty See § 26 -628 S S S truck sales and rental Automotive parts and P P P supplies sales See Footnote 2. See § 26- P P Bail bonds businesses 634 for distance requirements. Bakeries, retail See Footnote 1 S P P P P See § 26 -633 P P P P P Banks, loan and finance offices Bed and breakfast homes Subject to requirements set P P P P P forth in § 26 -608. Bicycle stores See Footnote 1 S P P P P 10 Uses Notes NC RC 2 1 Blueprinting, photostatic EXCLUDING: Large printing, S P P P P copying and other similar publishing and /or book reproduction services binding establishments See Footnote 1 Boat, recreational vehicle S S S and trailer sales, rentals and See § 26 -628 service Body art establishments S S S Book stores, stationery and See Footnote 1 S P P P P card stores Building contractor's service S P P shop and storage yard incidental to an See § 26 -629 office /showroom principal use. Business machine or See Footnote 1 S P P P P computer stores Butcher shops and food EXCLUDING: Food P P P lockers processing Cabinet and woodworking S shops Camera and photographic See Footnote 1 S P P P P service and supply stores Candy, nut and See Footnote 1 S P P P P confectionery stores Caretaker residence Only one (1) unit for caretaker P P P P or manager S Carpet cleaning and fumigating Carting, express, hauling or S storage yard Car wash, automatic S P P 11 Uses Notes NC RC 2 I Car wash, coin operated S P P Caterers P P P Day care center, large P P P Day care center, small P P P C -1, C -2 & I INCLUDE: S P P P P Clinics and offices for the Residential facilities. counseling and treatment of NC & RC EXCLUDES: psychological, social, Residential facilities marital, developmental or ALL districts INCLUDE: similar conditions, excluding substance abuse clinics Counseling and treatment for alcoholism Cold storage plant P P Commercial machine shops S P P e.g.: YMCA's, YWCA's, P P P P P Community buildings churches, libraries, parks, museums, aquariums and art galleries. Construction and heavy P P equipment sales, service, See § 26 -629 rental and storage Contractor's plant or storage S yard Dairy products stores See Footnote 1 S P P P P Day care center and P P P preschools, large Day care center and P P P preschools, small Department or variety P P P 12 Uses Notes NC RC 2 I stores Drug stores P P P Eating establishments, drive S S S S S through Eating establishments, sit S P P P P down Electric transmission and S S S S S public utility substations Electrical motors and S armature regrinding shops Electrical supplies and EXCLUDING: Contractors P P P service storage yards Equipment rental Subject to § 26 -628; in RC P P P P District: Outside storage and agencies display prohibited Exterminators P P P P Farm equipment sales, See § 26 -628 P P service and storage Submittal to community P P P P P Farmers' markets development department required. See § 26 -635 Floral shops See Footnote 1 S P P P P Furniture stores P P P Garden supply stores See Footnote 1 S P P P P Gift, novelty or souvenir See Footnote 1 S P P P P stores INCLUDES: Private clubs, P P P Golf courses restaurants and lounges, driving ranges, and those uses commonly accepted as 13 Uses Notes NC RC 2 I accessory thereto when located on the same premises Governmental and quasi- P P P P P governmental buildings and No outside storage offices, fire stations or public utility buildings Governmental and quasi- S S S P P governmental buildings and Outside Storage offices, fire stations or public utility buildings Greenhouses and See § 26 -624 S S P P P landscape nurseries, retail Greenhouses and S P P landscape nurseries, See § 26 -624 wholesale Grocery or convenience See Footnote 1 P P P P P stores, no gas pumps Grocery stores which may S S S P P include no more than 1 gasoline service island with See Footnote 1 no more than 2 dispensing pumps Hair, nail and cosmetic P P P P P services Hardware stores See Footnote 1 S P P P P Hobby and craft stores See Footnote 1 S P P P P Home furnishing stores P P P Home improvements P P P supply stores Hotels or motels for There shall be 1,000 square S S S transient occupancy. feet of gross lot area for each unit 14 Uses Notes NC RC 2 I P P Ice plants Indoor amusement and e.g.: Roller rinks, bowling P P P alleys, arcades and similar recreational enterprises uses PROHIBITED: Outdoor flea P P P Indoor flea markets markets S P P P P Interior decorating shops S S S Itinerant sales See § 26 -630 S P P P P Jewelry stores See Footnote 1 S Kennels Laundry and dry cleaning S S P P P shops Laundry and dry cleaning P P P P P pick up stations Leather goods and luggage P P P stores P P P Linen supply P P P Liquor stores P P P P P Locksmith shops Unenclosed storage of any P P P Lumber yards and building materials shall be screened supply stores from view from adjacent properties and streets PROVIDED: An antidote S Manufacture of vaccines, exists and is readily available serums and toxins for such vaccine, serums or toxins; and approval of such 15 Uses Notes NC RC 2 I manufacture is received from the state department of health and the county health department Manufacturing, processing, See § 26 -505; § 26 -631 and § P P assembly, or light industrial 26 -123, definitions operations Manufacturing, fabrication S and /or processing of concrete products See Chapter 11, Article 10 P P P P P Massage therapist Code of Laws for additional restrictions See Chapter 11, Article 10 P P P P P Massage therapy center Code of Laws for additional restriction Meat, poultry or seafood See Footnote 1 S P P P P stores Medical and dental offices, P P P P P clinics or laboratories, Pharmacies and optical excluding substance abuse stores are accessory use clinics Mini - warehouses for inside P P storage Mobile or modular homes or See § 26 -628 S S building sales Mortuaries and crematories S S S Motor fueling stations S P P Motorcycle sales and See § 26 -628 P P P service Music stores See Footnote 1 S P P P P Newsstands For the sale of newspapers, P P P P P magazines, etc. 16 Uses Notes NC RC 2 I Office supply stores See Footnote 1 S P P P P Offices: General P P P P P administrative, business and professional offices Optical stores See Footnote 1 S P P P P Outdoor amusement S P P facilities Paint and wallpaper stores See Footnote 1 P P P P Parking of automobiles of P P P P P clients, patients or patrons Subject to § 26 -501 CA of adjacent commercial or nonresidential uses Parking of not more than 3 See § 26 -619; § 26 -123, S S S commercial truck - tractors definitions and /or semi - trailers When in conformance with the parking design standards set forth in § 26 -501 It is not intended that such parking limitations shall apply to pickup and delivery trucks normally associated with business operations S Pawn shops Pet stores See Footnote 1 S P P P P S P P P P Pharmacies Picture framing shops See Footnote 1 S P P P P Plumbing and heating EXCLUDING: Outdoor P P P supply stores and shops storage yards 17 Uses Notes NC RC 2 I Printing, engraving and S other related production processes Private clubs, social clubs, P P P bingo parlors and similar uses Produce stands See § 26 -636 P P P P P Psychic advisors and similar S S S P uses Research laboratories, P P offices and other facilities for research Residential group and P P P P P nursing homes and congregate care facilities for 8 or fewer elderly persons Residential group and S S S nursing homes and congregate care facilities for 9 or more elderly persons Residential group home for S S S children Such residential uses may be P P P P P Residential uses in extended, enlarged, and /or existence on 3/11/97 reconstructed so long as no additional dwelling units are created Residential uses in See § 26 -626 P P P P P commercial zones Rooming and S S P P P boardinghouses RV, boat, trailer and travel See § 26 -628 P P trailer storage Sales, repair, rental and P P servicing of any commodity that the manufacture, 18 Uses Notes NC RC 2 / fabrication, processing or sale of which is permitted in the district Schools for industrial or S S business training, including Conducted entirely within an vocational trade or enclosed building professional schools INCLUDES: Those uses S S S P P Schools: public; private commonly accepted as colleges and universities necessary thereto when located on the same premises Shoe repair shops P P P P P Shoe stores See Footnote 1 S P P P P Shops for custom work or P P for making articles, materials or commodities to See § 26 -631; § 26 -632 be sold at retail on the premises In accordance with Wheat P P P Social club Ridge Code of Laws, Chapter 11, Article XI Sporting goods stores See Footnote 1 S P P P P Stone cutting or polishing P P works Studio for professional work P P P P P or teaching of fine arts, photography, music, drama ordance Substance abuse clinics S S P Tailor, dressmaking or P P P P P clothing alteration shops 19 Uses Notes NC RC 2 I Taverns, night clubs, P P P lounges, private clubs and bars Television, radio, small S P P P P appliance repair and service See Footnote 1 shops Temporary Christmas tree, P P P P produce and bedding plant See § 26 -627 sales lots Theatres, indoor P P P Tobacco stores See Footnote 1 S P P P P Toy stores See Footnote 1 S P P P P Transit station, public or S S S private Submittal to community P P P P P Urban gardens development department required. See § 26 -637 Upholstery shops P P P Video rentals See Footnote 1 S P P P P Warehousing and outside See § 26 -631 P P storage Maximum 75% total area as S P P Warehouse /office warehouse; minimum 25% as total area as office Watch and jewelry repair P P P P P shops Woodworking or carpentry S P P shops for the making of articles for sale upon the See § 26 -632 premises, such as cabinets or custom furniture 20 Footnote: 1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC Districts. 2 In addition to being allowed as a Permitted Principal Use in the C -2 and I zone districts, bail bonds businesses may be permitted in Planned Industrial Development districts if approved as part of an Outline Development Plan (ODP) and in conformance with the requirements of Code section 26 -634. TABLE INSET: Commercial and Industrial District Accessory Notes Uses Accessory buildings and structures See § 26 -625 Electric transmission or other public utility lines and poles, irrigation channels, storm drainage and water supply facilities Farmers' markets See § Primarily for the occupants of a building Food services containing a permitted use when located within the same building Produce stands See § 26 -636 Residential uses in commercial zones See § 26 -626 Outside storage or display See § 26 -631 Urban gardens See § 26 -637 Key: P = Permitted Principal Uses S = Special Uses Section 4: Section 26 -502 of the Code is amended to read: Sec. 26 -502. Landscaping requirements. A. Landscaping defined: A combination of living plants, such as trees, shrubs, vines, groundcover, flowers, vegetable plants, sod or grass; and may include natural features, such as rock, stone and bark; and structural features, including, but not limited to, fountains, reflecting pools, art work, screen walls, fences and benches. Uncontrolled weeds shall not be considered as landscaping; however, maintained natural grasses and natural flowers may be considered as landscaping. Sidewalks, whether paved or gravel, which serve as functional links between parking areas and main structures, or which serve as general public access routes around a main structure, or between a main structure and a public street or alley, shall not be counted as landscaping. Other sidewalks or paths which serve as casual access to or through landscape areas may be counted a nonliving landscape features. 21 Section 5: Section 26 -613 of the Code is amended to read Sec. 26 -613. Home occupations. A. Home occupation. Home occupations are permitted as accessory uses to any conforming (as to use) residential dwelling; provided, however, that the following requirements are met: 1. Such use shall be conducted entirely within a dwelling or accessory structure except for sales of plants,-and produce, or other agricultural products grown, raised, or produced on the premises and carried on only by the inhabitants living there, with the exception that should the operator be substantially, physically handicapped a nonresident may be employed to assist the operator in his work to the extent he requires it to make up for his physical handicap. 2. Not more than one (1) employee may live off - premises. 3. Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. 4. The total area used for said purposes shall not exceed twenty -five (25) percent of the gross floor area of the user's dwelling unit. 5. N s: an a d ver ti s i a the he Me e nati sh t,,.......matt„a Each to 2 See 11. Home occupations are limited to the following business or commercial activities: a. Craft work, such as the making of pottery, jewelry or dolls, flower arranging, smithing and woodworking. b. Garment work, such as tailoring, dressmaking, millinery work, ironing and garment repair. c. Office uses, such as office uses for door -to -door, home party and telephone solicitation sales, investment counseling, typing, notary public, travel services, surveyors, physicians, dentists, lawyers, accountants, architects, engineers and other similar services. d. Repair services for electronics, small appliances, and mechanical devices, bicycles and upholstery. e. Tutoring, music lessons, dance lessons, gymnastics lessons, swim lessons and tennis lessons. f. Artistic endeavors, such as art studios, portrait studios, photography studios, writing and lithography. g. Garage sales, not to exceed four (4) three -day periods, which need not be consecutive, per calendar year. 22 h. Hair care services carried on by only one (1) inhabitant of the dwelling. No other employee shall be permitted. i. Small day care home. j. Sales directly related but merely ancillary to the primary home occupation, such as: (1) Sale of hair care products by a beautician or barber. (2) Sale of accompaniment items, such as neckties, bows, ribbons or belts for a tailor or dressmaker. (3) Sale of component parts or accessories used in repair services for electronics, small appliances, bicycles, etc. (4) Supplies related to a class, course of instruction, or lessons conducted on the site. (5) Sale of artistic or craft works which were created on the site, such as Section 6: Sections 26 -635, 26 -636, and 26 -637 are hereby added to Article VI. Supplementary Regulations: Section 26 -635 Farmers' markets. Farmers' market uses, as defined in Section 26 -123 and where allowed per Section 26 -204, shall comply with the following regulations. A. Temporary canopies: temporary canopies may be allowed in order to provide protection from the elements for both the operators and products. 23 A. location: produce stands must be located on private property,. D. Hours of operation: in residential zone districts, hours of operation shall be restricted from 7 a.m. to sunset. E F. ". 24 are ing must be ;omply with partment: a submittal with a site n including hours and days of ,view and approval by the Section 7: The Table of Uses in Section 26 -1111 of the Code are amended to read: Permitted Uses Use Group MU -C MU -C Interstate MU -C TOD MU -N Residential Assisted living facility P P P P Dwelling, single detached NP NP NP P Dwelling, single attached P P P P Dwelling, duplex P NP NP P Dwelling, multiple P P P P Dwelling, live /work P P P P Foster care home NP NP NP P Residential group home P P P P Public, Civic, and Institutional' 25 Permitted Uses Use Group MU -C MU -C MU -C TOD MU -N Interstate Community buildings and cultural facilities, including libraries, P P P P museums, and art galleries Hospital C C C NP Parks, open space, playgrounds, and plazas P P P P Place of worship P P P P Public uses and buildings P P P P Recreation facilities, indoor and P P P P outdoor Schools, public and private; colleges, universities, and trade P P P P schools Utilities, major NP NP NP NP Utilities, minor P P P P Urban gardens (Submittal required to community development department. See P P P P §26 -637) Transit stations, public or private C C C C Commercial Services and Retail Adult entertainment NP NP NP NP Animal daycare, indoor with no P P P P outdoor runs or pens Bail bonds (per §26 -634) C C NP NP Banks and financial institutions, no drive - through or drive -up P P P P Banks and financial institutions, C P C C with drive - through or drive -up Bars, taverns, and night clubs P P P P Bed and breakfast P P P P Car washes NP C NP NP Day care center, child and adult P P P P Drive -up or drive - through uses C P C C (per §26- 1106.E) Eating establishment, sit down P P P P Eating establishment, drive- C P C C through or drive -up Fast food eating establishment, drive - through or drive -up C P C C Motor fueling stations C C NP C 26 Permitted Uses Use Group MU -C MU -C MU -C TOD MU -N Interstate Motor vehicles sales, outdoor NP NP NP NP display Motor vehicle sales, indoor display P P C C Outdoor storage NP NP NP NP Pawn brokers NP NP NP NP Personal services P P P P Photocopying and printing P P P P Produce stands (see §26 -636 and §26-613 for home P P P P occupations)' Recreation facilities, commercial P P P P Repair, rental and servicing of C P C C automobiles, no outdoor storage Retail sales — up to 20,000 gsf for P P P P one tenant space Retail sales — up to 60,000 gsf for P P C C one tenant space Retail sales — over 60,000 gsf for C C NP NP one tenant space Urban gardens (Submittal required to community P P P P development department. See §26 -637) Veterinary clinics and hospitals, P P P P no outdoor runs or pens Hospitality and Entertainment Art studios and galleries P P P P Hotels, motels, and extended stay P P P P lodging Studios, including art, music, dance, television and radio P P P P broadcasting stations Theaters P P P P Office and Industrial Medical and dental clinics P P P P Offices P P P P Office - warehouse, no outdoor C C C NP storage Outdoor storage NP NP NP NP Restricted light industrial C C C NP 27 Permitted Uses Use Group MU -C MU -C Interstate MU -C TOD MU -N Wholesale C C C C Ancillary Uses Parking facilities P P P P Temporary Uses Special events, including festivals and farmers markets. For farmers' markets, see §' 26 -635 P P P P Key: P = Permitted C = Conditional Use (see § 26 -1117) NP = Not Permitted Section 8: Table 1 in Section 26 -709 of the Code is amended to include the following sign types: era 3��i•�y�M TABLE 1. SIGN STANDARDS IN RESIDENTIAL, AGRICULTURAL, AND PUBLIC FACILITIES ZONES (R -1, R -1A, R -1 B, R -1 C, R -2, R -2A, R -3, R -3A, A -1, A -2, PF) TYPE PERMIT MAXIMUM MAXIMUM MINIMUM OTHER OF ALLOWED REQUIRED SIZE AND NUMBER SETBACK REQUIREMENTS SIGN HEIGHT PER SIGN 13. Miscellaneous May not be illuminated. May only be on F Farmers' Yes No larger 1 per display when the No than 50 farmers' None market is in market square feet. market operation. See § sign, 26 -635 Where produce stand is ?a home May not be No for occupation, illuminated. May r temporary the sign only be on Produce freestanding must meet 1 per display during stand Yes: Signs- Yes requirements stand 5 feet months when the sign for for Home produce stand is permanent Occupation operational See wall signs signs in f. All § 26 -636 other produce stands may have one 28 TABLE 1. SIGN STANDARDS IN RESIDENTIAL, AGRICULTURAL, AND PUBLIC FACILITIES ZONES (R -1, R -1 A, R -1B, R -1C, R -2, R -2A, R -3, R -3A, A -1, A -2, PF) TYPE PERMIT MAXIMUM MAXIMUM MINIMUM OTHER OF ALLOWED REQUIRED SIZE AND NUMBER SETBACK REQUIREMENTS SIGN REQUIRED HEIGHT PER NUMBER REQUIREMENTS SIGN SIGN May not be sign up to 6 illuminated. May q. square feet No larger only be on display Farmers' Yes in size and than 50 1 per when the market is market up to 5 feet square farmers' None in o eration. See P signs in height. feet.. market 26 -635 Maximum May not bg size of 6 Maximum s. Urban r. square feet size of 6 May not be garden Yes Yes and 1 5 feet illuminated. See sign stand maximum feet and stand § 26 -637 when the produce sign height of 5 maximum stand is feet height of 5 Section 9: Table 1 in Section 26 -710 of the Code is amended to include the following sign types: TABLE INSET: TABLE 1. SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL AND MIXED USE DISTRICTS INC, RC, C -1, C -2, 1) MAXIMUM TYPE OF ALLOWED PERMIT SIZE AND HEIGHT MAXIMUM MINIMUM SETBACK OTHER SIGN REQUIRED PER SIGN NUMBER REQUIREMENTS 13. Miscellaneous May not be illuminated. May q. No larger only be on display Farmers' Yes than 50 1 per when the market is market No square farmers' None in o eration. See P signs feet.. market 26 -635 May not bg No for Maximum illuminated. May r. temporary size of 6 only be on display Produce Yes freestanding square 1 per 5 feet during months stand signs. Yes feet and stand when the produce sign for maximum stand is permanent height of 5 operational. See G' TABLE 1. SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL AND MIXED USE DISTRICTS (NC, RC, C -1, C -2, I) MAXIMUM SIZE AND MINIMUM TYPE OF ALLOWED PERMIT HEIGHT MAXIMUM SETBACK OTHER SIGN REQUIRED NUMBER REQUIREMENTS PER SIGN wall signs. feet. 26 -636 Maximum size i of 6 s. Urban square May not be garden Yes Yes feet and 1 5feet illuminated. See ',§ sign maximum 26 -637 height of 5 feet Section 10: Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 11: Severability; Conflicting Ordinances Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 12: Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this day of , 2011, ordered published with Public Hearing and consideration of final passage set for Monday, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this th day of , 2011. SIGNED by the Mayor on this day of , 2011. Jerry DiTullio, Mayor 30 ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 31 +tea, ;?icH' r �(��� y LiveWe 0Rk� April 21, 2011 Planning Commission City of Wheat Ridge 7500 W 29 Avenue 1" floor Wheat Ridge, CO 80033 Dear Wheat Ridge Planning Commissioners LiveWell Wheat Ridge is a community movement funded by LiveWell Colorado working to reduce and prevent obesity for better health outcomes. Emerging best practices show that we positively impact food consumption choices by increasing access to healthy foods. To this end, LiveWell Wheat Ridge is involved in a myriad of approaches to increase nutritional food consumption in our community and to grow our markets in Wheat Ridge. In the fall of 2010, LiveWell Wheat Ridge partnered with the Wheat Ridge Access to Fresh Fruit and Vegetables Task Force, Jefferson Conservation District and CREA Results to administer the Wheat Ridge Healthy Food Assessment. Modeled after similar healthy food assessments in the country, this assessment surveyed over 200 respondents on questions related to access and barriers to growing, purchasing and consuming fresh fruit and vegetables. Using an online and paper survey in English and Spanish, and by partnering with older adults and bilingual and bicultural outreach workers, we over - sampled diverse socioeconomic segments of our community. In this report, we captured important information about ways to reduce barriers tc accessing fresh fruit and vegetables, increase growing opportunities, expand local markets, and integrate local produce into our food systems. Because we need to use a multifaceted systems approach to solving healthy food access issues and grow our markets, we hope this report provides valuable information to the Planning Commission, as well as all sectors of our community, to support informed policy making, innovate our programming and provide opportunities for economic growth in Wheat Ridge. Sincerely, Molly Hanson LiveWell Wheat Ridge Coordinator EXHIBIT 2 LiveWell Wheat Ridge LiveWell Wheat Ridge (LWWR), a community initia- tive funded by LiveWell Colo- rado, advocates healthy eating and active living (HEAL) poli- cies and infrastructure im- provements in Wheat Ridge. LWWR is working with city policymakers, staff and resi- dents to incorporate plans for increasing access to healthy foods, particularly for lower in- come and Latino residents of Wheat Ridge. In partnership with the Jeffer- son Conservation District and CREA Results, a community - based outreach organization, LWWR conducted a community needs assessment in the fall of 2010 of access to fresh fruits and vegetables and locally grown foods. A 25 -item sur- vey in English and Spanish was administered online and in hardcopy to Wheat Ridge residents and nonresidents to gather information on con- sumption patterns, attitudes and barriers to accessing fresh foods. Over two hundred re- spondents completed the sur- vey. For the purposes of this report, we have confined our analysis to the 135 Wheat Ridge residents who com- pleted the survey. WHAT RESIDENTS REPORT PP g '" y Sho m The vast majority (over 90 %) of respon- dents report going to grocery stores to get their fresh fruits and vegetables fib; regardless of the time of year and most r use their own cars to get there. P', If , Almost half (47 %) of the respondents get their produce at farmers' markets, fruit and vegetable stands or gardens during the summer. A far greater per- centage of Whites (69 %) go to these lo- cations compared to Latinos (20 %). Demographic Profile of Survey Respondents n age = 46 years seniors (65 years older) $15,000- $29,000 $30,000- $49,000 $50,000- $99,000 >$100,000 Chose not to What to Eat A majority (72 %) of respondents report freshness as an important aspect of deciding which fruits and vegetables to eat, followed by 62% who report cost as impor- tant, 47% who report healthiness as important and 43% who report taste as important. ®DS AND FUTURE ITY OF WHEAT Page Farmers' Markets Almost half (46 %) of the respondents go to the Wheat Ridge Farmers' Market. Most (over 70 %) buy fruits and vegetables. A quarter buy other food items, a quarter don't buy anything and 5% buy flowers or plants. Sixty -nine per - cent of Latinos, 45% of males and 32% of lower income respondents who go to the Wheat Ridge Farmers' Market do not buy anything com- pared to only 9% of Whites who do not buy any - thing. Twenty -six percent of the respondents (35 people) report going outside of Wheat Ridge to another farmers' market. Reasons include: more convenient locations, better days of the week, more convenient hours or better produce selection at the other markets. A very small percentage (3 %) report that they go to another market because the produce at the market is grown locally in that jurisdiction. This fact sheet was designed and RESE created by � C[ ff�� A♦ t✓�+ RCI Center for Research Strategies S RATEG www.ersllc.org _._. ... _.. Fifty -four percent of respondents, or 73 peo- ple, do not go to the Wheat Ridge Famers' Mar- ket. Why Don't People Go to the Farmers' Market? (73 Respondents) III � `,mss Other reasons for not going to the Wheat Ridge Farmers' Market reported by only a few respondents include: prefer going to grocery store, only eat organic, grow my own, not inter- ested, don't think about it, hard to walk around or find parking, forget because market open only one day a week, part of Community Supported Agriculture. 3 a m� a ES E `o m a 9 a m m sg a Reasons for Visiting Farmers' Markets Outside of Wheat Ridge Why do you patron a farmers' market outside of Wheat Ridge? Location Day of the Market Hours Better Produce Selection Produce Grown in that Jurisdiction ¢0 °ac ` ° \ �. 5 \O c r �a es e \�' aaA ° I r � a'i`OCa 3� o° � J oca�o Ooh~ O o O Qa Other reasons for not going to the Wheat Ridge Farmers' Market reported by only a few respondents include: prefer going to grocery store, only eat organic, grow my own, not inter- ested, don't think about it, hard to walk around or find parking, forget because market open only one day a week, part of Community Supported Agriculture. 3 a m� a ES E `o m a 9 a m m sg a Reasons for Visiting Farmers' Markets Outside of Wheat Ridge Why do you patron a farmers' market outside of Wheat Ridge? Location Day of the Market Hours Better Produce Selection Produce Grown in that Jurisdiction '., Page 3 Gardening at Home Just over half of respondents (52 %) garden at home. Seventy percent grow vegetables, 54% grow flowers, 49% grow spices and herbs and 37% grow fruit. Forty -eight percent, or 65 people, do not grow at home. The most common reasons for not growing at home are shown in the graph below. Additional reasons noted by a few respondents include: living in an apartment, no desire, having moved or contending with squirrels. Of the 30 respondents who report not hav- ing enough space to garden, only 5 are interested in renting space at the Wheat Ridge commu- nity garden called the Happiness Garden. Why Don't People Grow at Home? (6S Respondents) N C d 'O C O 4 d C 0 Locally Grown Foods Wheat Ridge residents are interested in having access to locally grown foods. Respondents report that they think it is important for markets to carry locally grown foods, that they would be more likely to go to a restaurant if it served locally grown food, that they would be interested in buying produce from a local farmer and that they would consider joining a local food co -op grocery store that sells local produce. Thirty -one percent report they want more information about buying from a local farmer. Twenty -four percent want more information about food co -ops. N 100% c m v� c m o c CL ` y 50% z � o Q 0% Locally Grown Foods m Important for Wheat Ridge food markets to carry locally grown produce • More likely to go to a Wheat Ridge restaurant using locally grown food • Willing to pay more for locally grown foods ® Interested in buying produce from a local farmer and having it delivered to their homes Want to be part of a food co -op grocery store to access more locally grown products Dor'thave Don't have Don't like to Nota' lowed Can'tafford soace time garden to plant to plant Getting Involved Wheat Ridge residents want to get in- volved and they want more information. Almost half (46 %) of the respondents re- port they are interested in coming to a community event that raises awareness of the importance of locally grown pro - duce. A quarter (25 %) report they would like to join the Fresh Fruits and Vegeta- bles Task Force. Only 3 respondents re- port they had ever called the City of Wheat Ridge about growing or selling fruits and vegetables, farming, compost - ing or other gardening questions. Message to Policymakers Respondents also report they would like more in- formation about urban agriculture. Most residents buy their produce at grocery stores, but almost 50% also buy at farmers' markets. Should the city encourage more grocery and produce stores to locate in Wheat Ridge? Should the city partner to create additional farmers' markets, perhaps on a weehend day, to en- courage greater participation? Almost 75% of the respondent group rates freshness of produce as an important aspect of considering what fruits and vegetables to buy. Two - thirds are sensitive to cost. What can be done to ensure freshness ofproduce? How can we ensure produce is affordable? Not quite half of the respondent group patronizes the Wheat Ridge Famers' Market. When asked why they don't go, reasons include cost, inconvenient time, not having transportation and not knowing where the market is. How do we ensure produce is affordable at the Wheat Ridge Farmers'Market? How do we do a betterjob of marketing the Wheat Ridge Farmers'Market? Half of the respondents grow gardens at home. Half do not. Individuals surveyed don't have space or time to grow at home. Additionally, those surveyed did not want to rent space at the Wheat Ridge community garden. Should the city use resources, such as city -owned land or funding, to help create new community gardens? How do we support home gardening in Wheat Ridge? Residents want locally grown foods to be available, not only to prepare and consume at home, but to eat at local restaurants. How can more locally grown produce by available in Wheat Ridge? Are there policies or incentives that the city could provide to encourage restaurants to use local produce? For more information, please contact Molly Hanson, LiveWell Wheat Ridge Coordinator, at mhanson @jeffco.us. Funding for this report is provided by LiveWell Colorado CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE PLANNING COMMISSION ON PROPOSED ZONING CODE AMENDMENT NOTICE IS HEREBY GIVEN that the Wheat Ridge Planning Commission will conduct a Public Hearing on April 21, 2011 at 7:00 p.m. in the City Council Chambers, Municipal Building at 7500 West 29 Avenue, Wheat Ridge, Colorado, to consider Case No. ZOA- 11 -02, amendments to Chapter 26, Zoning & Development Code, concerning urban agriculture. All interested citizens are invited to speak at the Public Hearing or submit written comments. The proposed ordinance is available in electronic form on the City's official website, www.ci.wheatridg e.co.us Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, April 14, 2011 City of COMM Wheatld g e - UNITy DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29 °i Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 To: Members of the Access to Fresh Fruits and Vegetables Task Force Date: March 18, 2011 Re: Response to Proposed Code Amendments Regarding Urban Agriculture From: Sarah Showalter, Planner Il, City of Wheat Ridge Thank you for your input on the proposed zoning code amendments related to urban agriculture. Please find responses and clarifications to your comments below, organized by topic. Urban Gardens Where permitted: o In response to the request for clarification about whether urban gardens would be allowed on residentially -zoned lots where the primary use is multi- family (3 units or more): the code amendments as drafted would allow urban gardens on residential lots where the primary use is a residence with 3 units or more. If there is a single - family home or duplex then the only option would be for a home garden. Please note, however, that there is no restriction on the size of the home garden and residents would be allowed to sell whatever they are growing in their home garden —on -site, at another location, or directly to a restaurant, store, etc. o In response to your question about whether a market garden would be allowed on a residentially -zoned lot (such as R -3) with a single family home, there may be some confusion based on what one means by the term "market garden." Staff included the reference to a market garden in the urban garden definition to clarify that for -profit shared garden models (not just non -profit community gardens) are allowed under this category. Homeowners on residential lots with single family homes are allowed to grow in as large an area as they want, and to sell whatever they grow (either on -site or to another vendor). The type of market garden that would not be allowed on a residential lot with a single- or two- family lot is one with a formal organization or business running the garden in which there are more growers than the homeowners on that property. Staff modified the definition of urban garden slightly to clarify this, stating that an urban garden is "A shared garden use in which an area of land is managed by a group of individuals to grow and harvest crops and /or non -food ornamental crops . . ." o Staff appreciates your comments that there may be cases where it would be appropriate to allow urban gardens on residential lots where the primary use is a single- or two - family home. Based on study sessions with Planning Commission and City Council, there is some concern about allowing 1 %ll NN.mll Ilea tridge.co.us community gardens, market gardens, and similar uses that could generate a fair amount of traffic, noise, and other impacts in low- density residential settings. The intent behind this proposal is to allow for community gardens, market gardens, and CSAs in residential areas on vacant lots or lots that have a primary use such as a church, school, or apartment building. For lots with a single- or two - family use, the homeowner(s) would be allowed to grow plants and crops on their property — as well as sell what they grow — but not operate a shared garden or farm with a formal organizing structure and with several members /participants who would access the property regularly. Staff does recognize that there could be situations in which an urban garden use on a residential lot with a single- or two - family home might be appropriate, especially for larger properties, and we have thought of two potential solutions: 1) Allow urban gardens on residential lots with single- or two - family lots as long as the lot is over a certain size (as suggested in your comments). The difficulty with this approach is determining what the appropriate minimum lot size should be. For example, should it apply to any residential lot 1 acre or larger? 3 acres or larger? 2) Allow urban gardens on residential lots with single- or two - family lots as a special use. Special uses are those that require extra review due to additional impacts on an area. They require the property owner to obtain a Special Use Pen prior to operating the use. There is an application fee of $300 + $300 /acre and the process takes anywhere from 2 -4 months. The process starts administratively but, if legitimate comments in opposition to the proposed use are received during the public noticing period, the case can go to City Council for final approval. Because the issue of whether to allow urban gardens on residential properties with one- and two - family homes is a sensitive policy issue, staff is proceeding with the ordinance as written. However, we plan to raise this issue with the two potential solutions above to Planning Commission at the public hearing on Thursday, April 7` Planning Commission could condition their approval of the ordinance with one of the above solutions. We encourage you to attend the meeting on April 7 to testify and /or listen to the discussion on this topic. Parking: • In response to the request for clarification about on -site parking: yes, on -site parking is the same thing as off - street parking. • When Community Development staff reviews a submittal for a proposed urban garden, the assessment of whether there is adequate parking will be based on both the size of the garden and the number of plots /anticipated users. After looking comprehensively at other jurisdictions' zoning codes, as well as several operating community gardens in the metro area, staff found that it was rare to have a set formula or ratio for off - street parking at garden sites. Thus we opted for the route of assessing each site individually based on its size and existing adjacent parking areas, including on- street parking. Hours of Operation: o We appreciated your comment about "sunrise" being a bit early for adjacent residents. The proposed language has been revised to 7 am. This is the typical time that construction is allowed to occur in residential neighborhoods. Lighting: o Planning Commission directed staff to ensure that there is no exterior lighting on at gardens after sundown in residential neighborhoods. We have also added a sentence that all exterior lighting, in any zone district, must comply with our zoning code Section 26 -503, Exterior Lighting, which contains the requirement that lighting must not spill onto adjacent properties (as referenced in your comments). Signage: • To be consistent with our signage code, we do not regulate the width of a sign. The height limit combined with the total SF max of 6 feet results in a reasonable width. • In response to the question about signage for parking (if off - street parking is required): yes, the zoning code does allow for additional informational signage (up to 4 SF) that provides direction and information to parking areas - Submittal to Community Development: o Staff added language to include any lighting and mechanical equipment /utilities in the required site plan based on your comments. Water usage: o In response to your questions about limiting domestic water use and /or discussing the use of grey water in the code, the current code does not regulate how water is used on private property for any land use (i.e. the City does not limit how much water you can use on your home lawn). The City does not provide water— this is done through separate utility districts — so this is not an area that we would want to enforce requirements. That said, there is nothing in the code that would preclude someone from using grey water for irrigation or from utilizing water - efficient irrigation systems. Farmers Markets - Definition: o The intent behind the language that requires products being sold to be made /grown by the seller was recommended by Planning Commission due to a concern to prevent flea market -type sales at farmers markets. This is not intended to apply to produce sold at farmers' markets. As such, staff changed the language to state that non - agricultural products sold at fanners markets must have been created by the vendor that is selling the product. Hours of Operation: o We appreciated your comment about "sunrise" being a bit early for adjacent residents. The proposed language has been revised to 7 am. This is the typical time that construction is allowed to occur in residential neighborhoods. Produce Stands Restrictions on produce being grown on site: o The exact language in the proposed ordinance is "Products sold at produce stands must have been pr grown, raised, or produced on the premises." The intent is to prevent situations where a person or business could rent a portion of a property in order to sell products at a temporary stand. The language should not prevent neighbors who live nearby from selling at a produce stand as long as the majority of what is being sold was grown/produced on the site where the stand is located. Hours of Operation: o We appreciated your comment about "sunrise" being a bit early for adjacent residents. The proposed language has been revised to 7 am. This is the typical time that construction is allowed to occur in residential neighborhoods. - Seasonal requirement: o The intent is that produce stands are temporary structures that do not require a building permit and do not have to meet building or zoning code regulations for setbacks, etc. The 6 month time limit is in place to ensure that the stands do not conflict with the building code's definition of a temporary structure. Signage: o The information originally provided by staff did not include any allocation for signage for produce stands, which was an error. The following regulations for signage are proposed for produce stands: (1) Home occupations: where a produce stand is on a residential lot with a private dwelling it will be licensed as a home occupation and the existing signage regulations for home occupations would apply. The home occupation regs allow one sign up to 2 SF to advertise the stand. Additional informational signs to direct customers to parking, if needed, could be allowed up to 4 SF in size. (2) Produce stands that are not home occupations: non - illuminated signs up to 6 SF in size and 5 feet in height would be allowed. Staff is also proposing language that requires the sign only to be up when the stand is in operation. Home Gardens Height limits for vegetables in sight triangles: the zoning code already has restrictions on any vegetation in sight triangles that would also apply to any vegetable plants in a front garden. Removal of dead plants at end of growing season: staff is not proposing any regulations to address this issue with specific language since it would create a lot of work for code enforcement officers. However, existing language in the code regarding property maintenance and weeds should provide enough regulation to ensure that property owners do not let dead plants take over a garden during non- growing months. Page 1 of 2 Sarah Showalter From: Sarah Showalter Sent: Tuesday, April 26, 2011 8:48 AM To: 'Weaver, Amanda'; tedheyd @gmail.com; mhanson @co.jefferson.co.us; tindlecre8ive @gmail.com Subject: RE: feedback regarding urb discussion Amanda, Thank you for your helpful input. I will definitely pass your comments on. Two quick notes /clarifications: 1) We do have language in the code requiring that the majority of products sold at a produce stand must have been grown or made on -site. 2) Your points about the SUP process being a burden are certainly reasonable and Iwo will consider them as we work to set reduced fees for urban gardens. One thing that I want to clear up: you (as in you, the owner of your residential property) can grow on your property and sell that produce without an SUP. What triggers the SUP is leasing your land to others who will grow there. Also, if your competitor is leasing land from others and growing in their yards (rather than a more informal yard - sharing arrangement where there is no leasing) than an SUP actually would be required. Growing /selling from your own land or informal yard sharing are not triggers for an SUP. It is a formal /financial arrangement that triggers the SUP where there is a single or two family home. I hope that helps clarify. Best, Sarah Showalter, AICP, LEED AP Planner II Office Phone: 303 -235 -2849 ro u1 W h6at I idcy CONFIDENTIALITY NOTICE: This e -mail contains businessconridential information. It is intended only for the use of the individual or entity natned above. If you arc not the intended recipient, you are notified that any disclosure, copying, dishibution, electronic storage or use of this communication is piolubited. If you mceived this communication in error, please notify us immediately by e -mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. From: Weaver, Amanda [ mailto :Amanda.Weaver @ucdenver.edu] Sent: Monday, April 25, 2011 11:13 AM To: tedheyd @gmail.com; Sarah Showalter; mhanson @co.jefferson.co.us; tindlecre8ive @gmail.com Subject: feedback regarding urb discussion Sarah, I wanted to thank you again regarding all of your hard work on this subject. I had a few thoughts I would like to share with the group that I had after leaving the public discussion. 1) In my own research I have found the word "local" needs to be very clearly defined for street stands and farmer's markets. One of the problems I have seen in Denver farmers's markets is that because there are no rules around what "local" is - -- anyone can sell produce from anywhere at a stand at the market. This unfair to those growing locally because these seller's can often sell at lower prices and offer a larger variety due to the fact that they are simply buying wholesale out of the industrial grocery market. It is a very lucrative business because consumers make assumptions about the origins of the food due to the way it is sold (on an outdoor stand.) I would HIGHLY suggest drafting specific language about the seller needing to produce the food sold OR if it is ok to have non producers selling food at home stands or markets, to create a definition of what is considered local (how many miles.) I 04/26/2011 Page 2 of 2 cannot emphasize strongly enough what a disincentive it is for local growers to have to compete with non growers. 2) I am still concerned about the SUP process as it seems that there are many loop holes that could be found. One that I thought of during the meeting is this: If I am growing on my property and selling -- I will need to get an SUP. However, if my competitor is ONLY growing in others front yards -- but not his /her own, he does not have to get this permit. That means my competitor has a direct advantage. Also, the competitor not producing ( that I described above) has a direct advantage. Please consider how this process continues to disincentivise the local growing process. I am not opposed to the permitting, but the charge for market growing needs to be equal, fair, and encouraging of everyone who wants to grow. Thanks, Amanda Amanda Weaver Instructor, Geography and Environmental Science University of Colorado Denver l" 04/26/2011 Page 1 of 4 Sarah Showalter From: Ted Heyd [tedheyd @gmail.com] Sent: Wednesday, March 23, 2011 2:15 PM To: Sarah Showalter Subject: Comments on draft code revisions Hi Sarah - Continued appreciation with you fielding comments. As we mentioned last week, former Planning Commissioner and Wheat Ridge resident John McMillin provided some comments as well (see below). I know he would appreciate a quick response via email, but I also realize you have a lot on your plate. Your call. All the best, -Ted ---- - - - - -- Forwarded message ---- - - - - -- From: John McMillin < iohnmcmillinLwmac.com > Date: Mon, Mar 21, 2011 at 10:23 PM Subject: Re: Comments on draft code revisions To: Ted Heyd < tedheyd (UZuail.com I really like the overall direction this is taking, and Sara's comments include reasonable, radical answers to the issues you encountered. Finding nothing to get upset about, I pronounce this to be Good Work. Regarding whether organized, collective community gardens should be allowed in single and two - family residential districts: Your speaker from Denver Urban Gardens stressed the point that these gardens rarely last when placed on one member's property. This suggests that such gardens won't be common, or long - lived. But you still need a rule to consult when one comes along. As the owner of an almost -acre property, I do believe large -lot landowners ought to be granted some extra allowances on code specs that primarily deal with the allocation of lot space. With an acre or more, the possession of multiple trailers or vehicles tends to be less of an intrusion on neighbors' sensibilities. Large lots bring larger responsibilities for maintenance, irrigation, etc. There should be some corresponding incentives too. My own lot was used for nursery plant production during the '90s. The owners held public sales there. The lot is slightly less than one acre, 33 -37K sq. ft. by two surveys I have. It has driveway parking for six cars, plus a circle drive to the street access. Other homes exist on only two sides of the property. I believe it's adequate for organized ag purposes, but I wouldn't object to having to prove that in a special use process. I'd like to see other large lots like mine go into small ag uses rather than industrial ones. I've seen more than a few of our historic farmsteads purchased by owners whose main purpose seemed to be parking as much junk as would fit onto the lot. Large lots, small homes and low property values are magnets to the likes of tow truck drivers, amateur recyclers, and other marginal uses banned elsewhere. 03/24/2011 Page 2 of 4 Or simply those with unfortunate connotations. Consider the prominent large lot at the bluff above Clear Creek, on Wadsworth. WR 2020 spent city funds to support an expansion of this home as a "gateway" improvement to polish the city's image. The new owner, presumably drawn by the large lot and driveway space, now parks his work trucks there... so the first image seen at our gateway is a truck promoting "disaster cleanup." With significant and vocal promotion of local gardening, Wheat Ridge has an opportunity to capitalize on its rural name and participate in current rends toward healthier eating. I'll try to attend tomorrow night and hear what you're doing for private gardeners. On Mar 18, 2011, at 11:42 AM, Ted Heyd wrote: Hi John - It was nice meeting you at the community gardens training on Wednesday. Following up on our conversation, please see the email thread below as well as the two attachments. Several community members and I submitted comments to the City on what was a summary of the draft code revisions. Please note, none of the revisions have vet been adopted If you have any comments on the summary provided in the attached table, please let me know at your earliest convenience While Sarah Showalter (City of Wheat Ridge Planner) has already provided a written response to our comments, I would send yours along with a request for consideration prior to the Planning Commission meeting on April 7. Lastly, if you would like any further background on this process or how we got to this place in the process, I'd be happy to chat by phone. Just let me know know. Thanks! Ted ---- - - - - -- Forwarded message ---- - - - - -- From: Sarah Showalter < sshowalter (<LCi.wlieatrid ,-e.co.us Date: Fri, Mar 18, 2011 at 8:11 AM Subject: RE: Comments on draft code revisions To: Ted Heyd < tedhevdLt�gmail. con > Cc: Molly Hanson < mhansonCa co.iefferson.eo.us >, Suzanne Teale < stealelaC msn.com >, "Weaver, Amanda" < Amanda.Weaver(c�ucdenver.edu >, " tindlecre8ive a;Qmail.com < tindleere8ive a,gmail.com Hello all, Thanks for your great input on our draft code amendments. Attached please find written responses to all of your comments. I think the biggest issue to clarify is that the proposed ordinance would not preclude any homeowner(s) on a residential lot (with a single or two family home) from growing on their lot and selling any or all of what they grow — as long as they have a home occupation. As the ordinance is written, what would not be allowed on lots with single or two family homes is starting a shared garden with a formal operating structre - where plots or land are actually rented out. I have more about this in the attached document, so hopefully it will be a bit clearer. 03/24/2011 Page 3 of 4 If you stil have questions after reading through my responses, I'd be happy to set up a conference call or talk with anyone individually. And, as I mentioned before, feel free to attend the public hearing before Planning Commission on April 7th (7pm) or you can watch live on Channel 8. Thanks again, Sarah Showalter, AICP, LEER Ale Planner II Office Phone: 303 - 235 -2849 Xi Right -click here to download pictures. To help protect your privacy, Outlook prevented automatic download of this CONFIDENTIALITY NOTICE: This e-mail contains business- confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e -mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected Thank you. From: Ted Heyd [mailto: tedheyd(cIgmail.com ] Sent: Monday, March 14, 20112:41 PM To: Sarah Showalter Cc: Molly Hanson; Suzanne Teale; Weaver, Amanda; tindlecre8ive (@gmail.com Subject: Comments on draft code revisions Hi Sarah - I've attached comments from Suzanne Teale, Tim Tindle, Amanda Weaver, and myself. Thank you very much again for considering these and exploring integration into the final set of suggested amendments. We want to be sensitive to your time so what do you suggest in terms of a next step? Are you willing and able to respond to us in writing or would you prefer a conference call or meeting? Either way, we're hoping to see the next iteration of the draft amendments before they go to Council if that is possible. We really appreciate you leading the charge on this and please let us know if you have questions on any of our comments. Thanks! -Ted 03/24/2011 Page 4 of 4. Live Well Wheat Rieke 510 -919 -8595 tedhe d cuemail.com Ted Heyd Live Well Wheat Ridge Planning and Teclmical Consultant Phone: 510-919-8595 Email: tedheyd(wamail.com <Response to AFFV comments 03- 2011.doc > <2011 -02 -25 Urban Ag Code Amendments Summary- 2.doc> Ted Heyd LiveTT%ell Wheat Ridge Planning and Technical Consultant Phone: 510-919-8595 Email: tedhevd cugmail.com 03/24/2011 STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO March 7, 2011 Mayor Pro Tem. Langworthy called the Study Session to order at 6:30 p.m. Council Members present: Davis Reinhart, Karen Berry, Joyce Jay, Joseph DeMott, Karen Adams, Wanda Sang, and Mike Stites. Also present: City Manager, Patrick Goff; Administrative Services Director, Heather Geyer; City Clerk, Michael Snow; City Treasurer, Larry Schulz; Police Chief, Dan Brennan; Community Services Director, Kenneth Johnstone; Sales Tax Supervisor, Kathy Franklin; Planner, Sarah Showalter; Staff and interested citizens. 1. Marcellus Turner, Jefferson County Public Library presentation Mr. Turner, Executive Director of Jefferson County Public Library, Bethany Fresby, Communications and Engagement Office, and Ann Cress, Deputy Executive Director were present. A video was presented to Council highlighting the public library's services. Council asked questions about the Library's future service plans, strategic initiatives, technological advances, and financing challenges. 2. Staff Reports a) Urban Agriculture Code Amendments �J Ms. Showalter and Mr. Johnstone summarized for Council several policy questions that will be addressed at the Planning Commission public hearing in April. Staff is proposing the following recommendations to Council: Staff examined the following policy areas where no amendment in the zoning code is currently recommended: • Yard sharing — private owners may allow other gardeners to use their property. There are no legal impediments to this in the current code. • Home occupation regulations already in place allow selling of produce from home gardens. • At this point, no zoning code concepts have been identified to incentivize farmer's markets or small grocer's sales of local produce. Staff is looking into financial incentives as one possible option. Staff recommended code changes to address the following urban gardening policy concepts: • Large, shared gardens such as community gardens, Community Supported Agriculture (CSA) or a market garden. Staff is proposing amendments that would allow produce from these sources be sold for profit rather than non - profit. • Farmer's Markets have some categories where temporary sales are allowed but a clearer zoning category is needed. Study Session Notes, March 7, 2011 Page 2 • Produce stands where there is a small allotment allowed in the agricultural zone districts. • Home occupation licenses to allow garden sales from homes in residential districts but not in others. • Staff also recommended code changes to not allow Farmer's Markets in residential zoned areas. Ms. Showalter stated that building code amendments are being reviewed to consider the ability to build temporary greenhouses which would extend the urban gardening growing season. Their goal is to find ways to be more lenient while maintaining safety standards. The idea of potentially having a Farmer's Market at City Hall on the weekends has been discussed to allow Wheat Ridge residents who cannot attend the Thursday Farmer's Market. Community Development has started looking at City -owned property that might be usable for Farmer's Markets. They have reviewed locations and sizes as well as other considerations such as water availability and other facility needs. Ms. Showalter contacted the President of the Denver Farmer's Market who stated that currently they have Markets on all days of the week including weekends. Therefore, it may be difficult to find enough produce sellers to support a new market at this time. Council unanimously supported staff drafting an Ordinance to propose the recommended changes. They will bring it to Planning commission before Council consideration. b) Crime in Wheat Ridge Chief Brennan reviewed crime reports for the City of Wheat Ridge over the past 9 years. He compared crime statistics in 2005 versus those in 2010 and highlighted significant crime trends as follows: • There has been a 26% decrease in burglaries. • Arsons are down 20 %. • Motor vehicle theft decreased by 60 %. This has been a particular area of focus over the past three years for Wheat Ridge Police which accounts for the large decrease. • A 19% decrease in aggravated assaults occurred over this time period. • Forced sexual assaults increased from 22 in 2005 to 31 in 2010. • Criminal trespasses reduced by 54 %. These trespass calls are most commonly car break - ins in parking lots. • Calls for service and crime reports taken decreased 12% during this time. • Chief Brennan passed out a report compiled by the Colorado Bureau of Investigation (CBI) which has the crime statistics for each city in the State. He cautioned using this report to compare Wheat Ridge to city's of a similar size such as Englewood or Commerce City because of the different socioeconomic makeup of each community. • Chief Brennan concluded that Wheat Ridge' crime reduction is due partly to national trends, but also due to the community education and crime prevention programs in the City. STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29 Ave. March 7, 2011 ME 6 Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303- 235 -2 826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. APPROVAL OF AGENDA 1. Marcellus Turner, Jeffco Public Library presentation 2. Staff Reports a. Urban Agriculture Code Amendments b. Addition of youth appointment to Parks and Recreation Commission c. Crime in Wheat Ridge 3. Report on neighborhood input for dog park 4. Discussion of sales tax and license code revisions y enY City of /heat ice COMASUN rtl` XVH.OPhiINT TO: The Mayor and City Counc THROUGH: Patrick Goff, City Manager FROM: Ken Johnstone, Community Development Director Sarah Showalter, Planner 11 DATE: February 25, 2011 (for March 7 Study Session) SUBJECT: Urban Agriculture Introduction In December 2010, I.IveWell Wheat Ridge, City staff; and members of the Wheat Ridge community made a presentation to City Council about the growth of urban agriculture in cities throughout the U.S. and the ability for urban agriculture to promote economic and community development. At the December Study Session, Council directed staff to draft changes to the zoning code to support urban agricultural uses within Wheat Ridge and to start an assessment of City -owned land that could potentially be utilized for a garden use, such as a community garden or community supported agriculture (CSA). The purpose of this memo is to update Council on the progress that has been made since the Study Session in December. Zoning Colic Issues Staff would first like to provide information to Council on the following items that do not appear to require any changes to the zoning regulations: 1. Yard Sharing There is no current language in the zoning code that would prevent this activity in residential neighborhoods. 2. Selling produce from home The home occupation regulations in Section 26 -613 of the zoning code, which allow home - based businesses in residential zone districts, already expressly permit the sale of produce and plants grown on the premises. While all other types of home occupations are restricted to be conducted indoors only (either within the home or accessory structure), the regulations allow for the sale of produce outside of the home. 3. Zoning incentives for farmers marke and /or small grocer on 33 Avenue Staff researched the idea of zoning incentives that could be utilized to promote farmers markets and/or small, local grocers. It was difficult to determine what zoning toots could be utilized as incentives. Instead, staff believes that financial incentives — such as reduced taxes — would be more likely to draw these types of businesses. Council Study Session February 25, 2011 (for March 7 Study Session) Page 2 There are several other topics that do require amendments to the zoning code. Staff is working on draft code amendments based on (1) research of other jurisdictions who have addressed urban agriculture in their zoning codes and (2) a study session with Planning Commission that was held in January. A summary of the proposed amendments may be found below. 1. Urban Gardens Shared garden uses, whether non - profit community gardens or for - profit gardens (often called market gardens), would fall under this category. The proposal is to allow this use in all zone districts in the City, including residential zone districts. However, these gardens would not be allowed on lots zoned residentially where the primary use is a single or two- family home, since allowing gardens on the same lots as existing residences would likely be too intensive and could conflict with neighborhood character. The basic regulations that staff recommends for urban gardens include: • Applicants who are proposing a garden will provide a submittal to Community :Development that includes a site plan and information about operations and parking. • On -site parking will not be required as long as there is adequate on- street parking nearby. • Signage will be limited to one sign up to 6 SF in size and 6 feet in height. • Hours of operation in residential zone districts would be restricted from sunrise to sunset. • Accessory structures such as sheds and greenhouses will be allowed on the garden site but will follow the regulations (size restrictions, setbacks, etc) for accessory structures in the underlying zone district. 2. Fanners Markets Farmers markets would be allowed in all zone districts, including residential zone districts except where the primary use on a property is a single or two - family [tonic. Similar to garden uses, a submittal to Community Development with information about parking and hours of operation would be required. farmers markets would have to follow the proposed regulations below: • There is no specific on -site parking requirement, but parking must be addressed in the submittal to Community Development, • Hours of operation in residential zone districts would be restricted from sunrise to sunset. • A business license from the City would be required. • One temporary banner up to 50 SF in size would be allowed only when the market is in session. • Farmers markets would be required to sell primarily agricultural products and all products sold would need to be grown or made by the vendor selling that product. Most farmers markets have their own regulations and bylaws governing products sold to ensure an agricultural focus and to ensure quality. 3. Produce Stands Currently roadside produce stands are only expressly allowed in agricultural zone districts. Staff proposes allowing produce stands in all zone districts. Those in residential zone Council Study Session February 25, 2011 (for March 7 Study Session) Page 3 districts on a property with a residence would be required to follow the home occupation regulations that are already in place. The following general regulations would apply to produce stands: • The products(s) being sold must have been primarily made or grown on -site. • A business license from the City is required • The stand will operate on a seasonal basis (up to 6 months per year). When the stand is not in operation, it must be taken down. • Temporary on -street parking is only required if there is no on- street parking nearby 4. Temporary Greenhouses /Hoop houses Community gardens and home growers often use temporary greenhouses that are shaped like a half- circle with plastic or fabric covering (and often referred to as a "hoop house ") as an affordable way to extend the growing season, without having to construct a permanent greenhouse with a foundation. These structures can have difficulty meeting the wind and snow load requirements in the Building Code_ Planning staff is working with the Building Division on an amendment to the Building Code that would allow a slightly reduced standard for wind and snow load requirements for small (likely 400 SF or less), temporary greenhouse structures. Potential Weekend Farmers Market at City Hall Staff contacted Alan Mazzotti, the Market Manager for the Metro Denver Farmers Market organization, who currently operates the Wheat Ridge Farmers Market to inquire about the possibility of adding a weekend farmers market at City Hall. Mr. Mazzotti stated that their organization already has a market on Saturday (at Wadsworth and Bowles) and on Sunday (in Highlands Ranch) and that he currently does not have enough farmers who would be available to create a second weekend market. Nonetheless, lie said that he would let his board know that there was a definite interest in Wheat Ridge for a weekend market and keep this location in mind ifthey plan any additional weekend markets in the future. Additional analysis would be necessary to determine what operational impacts there would be in regard to the municipal use of the property on weekends (most notably the Police Department). Inventory of City- Owned Land Parks and Recreation staff prepared an inventory of City -awned land that could potentially be used for garden /farming uses. The results of this inventory are attached under a separate memo from Parks. Attachment 1. Memo Re: Potential Garden Areas City of (heat Ae PARKS AND RECREATIC?N ♦' ' ,. , TO: Patrick Goff City Manager FROM: Joyce Manwaring, Parks and Recreation Director DATE: February 17, 2011 SUBJECT: Community Garden Areas on City -Owned Lands Attached is a Matrix of potential public gardening sites within Parks and Recreation Department City -owned lands. This matrix also includes other associated infrastructure that might be needed to consider the location as a feasible site for such activities. The amenities listed for each site include parking and bathroom facilities, whether there is water available on the site and whether the site is presently fenced. Other items included are the size of the potential gardening areas per site and the current zoning of these sites. In addition, gardening within the Wheat Ridge Greenbelt would be considered an incompatible use. The Open Space Management Plan adopted in 2002, under the Vegetation Section states: "Preserve and maintain native plant communities, protect rare species and communities, and restore native vegetation in suitable areas." Conclusions: Most of the properties covered in this matrix have the potential to support a public gardening use. These lands are not currently being used for parks and recreation purposes. In all cases there would be capital out lay required to provide water, parking, bathrooms or fencing to the site. None of the sites other than Happiness Gardens, which is already a community garden, are gardening- ready. Exhibits: A. Matrix of Gardening Sites B. 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Agreed that we will not have a set off - street parking requirement for gardens of any size. However, we will include language that on -site parking will be provided if there is no adequate on- street parking adjacent to the site. Parking will be reviewed by Comm Dev through the submittal that is required B. Surfacing of parking —for any parking on garden sites, it will meet the surfacing requirements for residential parking (see language in code) C. Accessory structures (sheds, greenhouses, etc) i. Add language specifically stating that accessory structures are allowed on gardens even if there is no primary structure ii. Accessory structures shall follow the regulations for accessory structures in the underlying zone district (just use the 600 SF and 400 SF cut off in R -3 and R -2A districts) Farmers Markets A. Potential definition: A publicly or privately operated, open -air establishment where primarily agricultural products such as raw vegetables, fruits, herbs, flowers, plants, or nuts are sold. All products sold at the market must have been crown or created by the vendor selling the item. B. Follow -up with Planning Commission: we don't want to have more specific regulations than the language above since it is difficult to enforce and farmers markets have their own by -laws and operating guidelines that limit the sale of non -ag products III. Growing sunflowers A. Chapter 24, Article III — it does not appear that sunflowers would be restricted since they are not a tall grass or weed B. Follow -up item: ask Mary in code enforcement if this has been an issue that they've had to enforce in the past IV. Amanda Weaver property — 11100 W 38 Ave A. Produce stand i. Change approach to code amendments: allow roadside stands in residential districts without the restriction that they cannot be where there are single or two family homes as the primary use ii. Note that this approach will require amending home occupation regs to allow outside stands B. Rezoning: get some feedback from Planning Commission about the idea of rezoning to A -1? V. City Council Study Session March 7 —this will be a staff report rather than a full agenda item A. Update on approach of code amendments (staff working closely with Planning Commission) B. Update on potential weekend market at City Hall C. Update on proposed zoning incentives: we would recommend financial incentives instead D. Inventory of city -owned land from Parks (and cost of operating Happiness Gardens) VA There were no members of the public present. 7. PUBLIC HEARING There were no items scheduled for public hearing. 8. OTHER ITEMS A. Resolution Designating a Public Place for Posting Notices of Public Meetings In accordance with the Colorado Open Meeting Law, Planning Commission must annually designate a public pace for posting notices of meetings. It was moved by Commissioner TIMMS and seconded by Commissioner BUCKNAM to approve Resolution No. 01 -11, a resolution establishing a designated public place for the posting of meeting notices as required by the Colorado Open Meetings Law. The motion carried 5 -0. 9. STUDY SESSION It was moved by Commissioner BUCKNAM and seconded by Commissioner POND to enter into study session. The motion carried 5 -0. A. Urban Agriculture This item was presented by Sarah Showalter. Her presentation included an overview of urban agriculture as it relates to planning and community development. She asked for discussion regarding how urban agriculture fits into the Wheat Ridge Community as well as input on proposed zoning code amendments related to urban agriculture. Comments included: • Should there be an exception for vegetables such as corn in relation to nuisance and weed height restrictions. • Parking requirements don't seem necessary for community gardens as most people would walk to them. • There should be allowance for small structures such as potting sheds. • Should the process be different for gardens on vacant lots between residential structures versus on school property, for example. • There should be no parking requirement for market gardens where produce is grown to be sold to restaurants, etc. • Produce stands should be required to be removed when the season is over. • Regulations regarding the growing of marijuana should be considered. Planning Commission Minutes 2 January 6, 2011 • Tall plants such as corn grown in front yards could detract from the character of the residential neighborhood. • Community gardens are sometimes jammed with cars, especially on weekends, so some parking regulations may be necessary. • Should hours and lighting be restricted in residential areas. • Requirements for asphalt paving would be cost prohibitive for produce stands, which are temporary uses, and for some community gardens. • Feed Denver organization has good resources about urban gardening. • Accessory structures should be regulated and temporary greenhouses should be exempt from the building code. Storage containers should be prohibited. • Urban gardening would be representative of the city's farming heritage. • City owned land could be used for community gardens. • A farmers market could be held in the park adjacent to the municipal building. • Once everything is finalized, publicity is important. • It would be nice to encourage "people's markets" that would involve local growers more than larger farms from outside the city. • Since some hand -made items could be sold at fanners markets, regulation of "flea market" type items should be considered. • Processed produce should fall under the produce category. 10. OTHER MATTERS Commissioner TIMMS suggested receiving code updates, etc. on CD rather than printing on paper. Meredith Reckert will look into this. Chair MATTHEWS informed that the entire city code is available on -line. 11. ADJOURNMENT The meeting was adjourned at 8:18 p.m. Richard Matthews, Chair Ann Lazzeri, Secretary Planning Commission Minutes 3 January 6, 2011 W licat I icl �r Urban riculture arw Y�Wheat[ iclge. 1 Urban Agriculture ,a r� Wheat 1Lge Urban Agriculture 2 Urban Agriculture Urban Agriculture - Lommurnty garaen at WKiviZ) Harvest Mountain community garden — Temporary garden on vacant lot on 38th Ave =jwt��at2a� 3 Urban Agriculture SF 42 — Ameeslb /e Hea/Hry Foods The Cir Iff.nlinuc to workwlhlW agrkYIM01 <OmmYrMy, v 0 W9n. awnen, and helm argvNmtiw N P'OdCe Mddmn wRh oq lwhiei for rc Obie and affotl le hmphy roads, Envision 1 I WHEAT RIDGE A. Cominuc lmevrnent in community gvrdern, A11- 1erienoniFd.,. B. RMm"g Vons M.11g fwmer% mwkers. pmdum alvrd; and urbanagd[uiNm QndWil o, rc gardmi, eompoidng. vM domestic aNma&an Ivrgc mnb a e C. r ed (krep isirg5rro .nx,. r.11. w Ii.4 a9MWNed r oo o Mlinning divri linwled pNOM1iin WnWSla NneJ d'6lritls). O M ]M• [anvrrwMk AoNerS Yw /yrxr's maAuvpmrH:e miau ro aeaexJe n.•arm.i.�[arianm. Urban Agriculture rd Urban Agriculture regulations = �Wticat idge Urban Agriculture mixed use zone districts = 5 Urban Agriculture use in any zone district Urban Agriculture 11 Urban Agriculture • Selling Produce at home`' No proposed changes Urban Agriculture Keguiate signage anu U -sueeL Nafrcn1g kauuI as one small sign and 2 -3 off- street parking spaces) — Restrict hours of operation (such as 7am- 8pm) z 7 Urban Agriculture Urban Agriculture Regulate signage and off- street parking Parking may be off -site or shared scenario Feedback: okay to allow farmers markets on undeveloped residentially zoned lots? WA =t 3 Urban Agriculture Parking: very low on -site parking requirement • Allow parking on non -paved surface? — Signage: one 4 SF sign allowed, max of 6' tall — Structures: limit by total number or SF? E ° a ` City of Wheatdge COMMUNITY DEVELOPMENT Memorandum TO: Planning Commission THROUGH: Ken Johnstone, Community Development Director FROM: Sarah Showalter, Planner II DATE: December 30, 2010 (for January 6 Study Session) SUBJECT: Urban Agriculture Zoning Code Amendments Communities throughout Colorado and the nation are embracing urban agriculture. From growing food on city -owned land, to establishing community gardens, farmers markets, and rooftop gardens in the middle of the city, many jurisdictions are promoting urban agriculture as a way to make sustainable, healthy communities. Wheat Ridge residents are similarly embracing urban agriculture on private property, at community gardens, and on family farms. There has much interest in the topic of urban agriculture in the past year, evidenced by new community gardens that are under works in Wheat Ridge, as well as the formation of the Access to Fresh Fruits and Vegetables Task Force (a group sponsored by LiveWell Wheat Ridge and the Jefferson Conservation District). Planning Division staff has received several inquiries related to urban agriculture, such as whether gardens are allowed on vacant lots, and where/how produce can be sold. For most of these topics, the current zoning code contains little to no direction. Citizens and community partners interested in urban agriculture, along with Planning staff, presented to City Council at their December 6th study session. At this study session, staff received direction from Council to move forward with a series of zoning code amendments that will help to clarify and support activities related to urban agriculture. Council generally recommended an approach that would be as permissive and supportive toward urban agriculture as possible. The purpose of this memo and the January 6`" Planning Commission study session is to provide the Planning Commission with a brief overview of urban agriculture as it relates to planning and community development, to discuss how urban agriculture fits into the Wheat Ridge community, and to seek input on a series of proposed zoning code amendments related to urban agriculture. This memo is structured as follows: 1. Overview of Urban Agriculture and Planning 2. Urban Agriculture and the Current Zoning Code 3. Potential Zoning Code Amendments Overview of Urban Agriculture and Planning In some communities, promoting urban agriculture dates as far back as the 1960s and 1970s, when community gardens first started to form. In the past 10 years, however, the trend to produce and sell local food in urban communities has become ever more prevalent. Some cities, such as Cleveland and Detroit, have embraced community gardens and market gardens (gardens where food is sold, usually for profit, to restaurants, stores, and farmers markets) as a way to revitalize vacant land in inner -city neighborhoods. Other cities, such as Seattle and Chicago, have planted fruit and vegetable plants on city-owned parks and medians. Urban and suburban communities have been drawn to urban agriculture for a variety of reasons, including: • Economic and community development • Environmental sustainability • Connecting urban dwellers to fresh, healthy food In Wheat Ridge, a community founded on an agricultural past, there has been a renewed interest in how agriculture can be integrated into a largely built -out city. The comprehensive plan, Envision Wheat Ridge, states a specific goal related to urban agriculture in Chapter 9: "The City will continue to work with the agricultural community, small business owners, and health organizations to provide residents with opportunities for accessible and affordable healthy foods." The plan goes on to recommend specific strategies, such revising regulations to allow farmers markets, produce stands, and urban agriculture and to preserve existing small family farms that still exist in the city. Many members of the Wheat Ridge community have been actively engaged in promoting urban agriculture. There are several examples that already exist or are currently in the works, including: • The Happiness Gardens: located on Ammons Street near the Wilmore -Davis School, this site is owned by the City and offers over 90 plots for community gardeners • The Wheat Ridge Farmers Market: located on Wadsworth, privately owned and operated May through October on Thursdays • Access to Fresh Fruits and Vegetables Task Force: a group of community members who meet regularly to promote urban agriculture and access to fresh foods in Wheat Ridge. • New Community Gardens • Harvest Mountain Community Garden is being planned for a property near Xenon and 42 Street. • Highlands Park senior residence on 38 Avenue is adding garden plots to its open space areas for residents' use. • A group of community members, including Wheat Ridge Middle School (WRMS) and Stevens Elementary, applied for a federal grant that could fund a community/school garden on the WRMS property. Urban Agriculture and the Current Zoning Code Like Wheat Ridge, most municipalities in the US are still operating under zoning codes that were largely written in the middle of the 20 century. These codes tend not to specifically address urban agriculture in any way, restricting farming or gardening uses to agricultural zone districts only. For this reason, some communities have recently amended their zoning codes to create definitions for activities associated with urban agriculture (such as farmers markets, community gardens, market gardens, etc.) and to clarify where these uses are permitted and not permitted. Attachment 1 contains a summary of research that staff conducted to understand what other communities have done to address zoning for urban agriculture. Because this is such a recent trend, there were not many communities in the metro area to choose from. Thus the list contains a sampling of cities from throughout the country that have recently made changes to their code to support urban agriculture. The city of Lakewood in Colorado is currently undergoing a process to amend their code to be more supportive of urban agriculture, but the project is not complete at this time. In its current form, Wheat Ridge's zoning code does not address many uses and activities associated with urban agriculture. As such, it is difficult for staff to give direction to community members as to what uses are allowed and where. The following section provides a summary of the most common urban agriculture uses and what regulations, if any, apply in the current code. Home Gardens Many Wheat Ridge residents already grow vegetables or fruits at their own home. The zoning code allows this as long as all requirements regarding nuisance and property maintenance are met. Gardens may be included as part of the minimum required landscaped area for residential lots (25% of the lot for single and two family homes), including the required front yard area. While the definition of landscaping in Section 26- 502 does not specifically include food - producing plants, Chapter 15 of the Code of Laws states that vegetable gardens cannot be considered as weeds and thus they are implicitly included as part of the allowable landscaped area for a residential lot. Selling Produce Selling Produce Grown at Home Within any zone district, the current code allows residents to sell produce or food products made on site by obtaining a business license for a home occupation. The home occupation regulations allow residents to sell produce online or in person. The business /sales must be located in the house or an allowable accessory structure (such as a garage) and may not occur through a temporary produce stand. Any home occupation must follow the home occupation regulations, which include limits on the amount of square footage devoted to the business and the number of employees. Produce Stands Produce stands are only allowed in the City's two agricultural zone districts, A -I and A- 2. The code specifies that such stands must be located on the premises where the product sold is grown or made, that temporary off - street parking is provided, and that the stands are not in operation for more than 6 months of the year. Temporary Produce Sales This use currently exists in the code under the use category "Temporary Christmas tree, produce, and bedding plant sales lots" and is permitted in the RC, C -1, C -2, and I zone districts. There is no definition for this category of use in the code. Section 26 -627 requires that such temporary sales lots provide adequate off - street parking and it restricts them to a total time period of 90 days. It is this category of use that allows the hatch chili stands along Wadsworth in the fall. Farmers Markets The only zone districts that specifically permit farmers markets are the mixed use zone districts. Agricultural zone districts allow commercial greenhouses, and the retail sale of "related" products, but fanners markets are not specifically listed. There is no mention of farmers markets in the industrial, commercial, or residential zone districts and this use is not defined anywhere in the zoning code. Urban Garden Uses The term "urban gardens" refers to both community (non - profit) and market (for - profit) garden models. Because the agricultural zone districts allow a wide range of agricultural uses, including farming, community gardens or market gardens are implicitly allowed. They are not, however, specifically listed on the permitted use chart and they are not defined anywhere in the code. None of the zone districts in the current code address whether garden uses would be allowed as a primary or accessory use. While the mixed use zone districts allow food - producing land to count toward open space requirements (albeit not as usable open space), it is not clear whether a lot with mixed use zoning could have a community garden as a primary use. Potential Zoning Code Amendments As previously mentioned, City Council directed staff to pursue changes to the zoning code that would clarify how and where urban agriculture uses are allowed. Their broad policy direction was to be as permissive as possible in as many zone districts as possible. With that basic framework in mind, staff has started to develop recommendations for amendments to the zoning code. The preliminary proposals are listed below. Questions and items for which staff would like specific feedback from the Planning Commission at the January 6 study session are highlighted. Selling Produce Selling Produce Grown at Home At this time, staff does not recommend any substantive changes to the zoning regulations since residents are already able to grow gardens as part of their required landscaped area. The only potential code amendment would be to revise the definition of "landscaping" to include vegetable plants. Staff proposes this amendment to provide clarification and to align the definition of landscaping with the current definition of a "weed." It is worth noting that the Jefferson Conservation District, in partnership with LiveWell Wheat Ridge, recently produced a zoning guide for residents who are interested in growing food or keeping animals on their property. This document, entitled Residential Zoning and Urban Agriculture: A Guide for Wheat Ridge, is a great resource for Wheat Ridge residents who wish to grow at home and is currently available via the City's website. Produce Stands Staff recommends amending the code to allow produce stands in any zone district, not just agricultural zone districts. Such stands would not be allowed in R -1 and R -2 zone districts where the primary use on a lot is a single- or two- family home. The definition of such stands would clearly state that the produce or product(s) being sold must have been primarily grown or made onsite. This would allow produce stands to exist where community gardens, pumpkin patches, etc. are located, within any zone district. Staff would also propose regulations to require that adequate off - street parking is provided and to regulate signage (one small sign per stand). Policy Direction Requested: • Does this proposed approach seem reasonable? • Are there any items, besides signage and off - street parking, that would require regulation? Temporary Produce Sales While staff is not recommending any changes at this time, we would like input on whether it is sensible to include stands that sell produce that has been cooked or processed, such as the hatch chili stands, under this category. A definition for this use could potentially be added to the code to help clarify what falls under the category of "produce." Farmers Markets Staff recommends adding a definition of a farmers market to the code that would be similar to the following, taken from Minneapolis's zoning code: "A publicly or privately operated, open -air establishment where primarily agricultural products such as raw vegetables, fruits, syrups, herbs, flowers, plants, nuts or handcrafted items are sold. Non - agricultural products may be sold but the area dedicated to such products shall not occupy more than twenty -five (25) percent of the total sales area. Canopies may be allowed in order to provide protection from the elements for both the operators and the products" Such a definition ensures that flea markets are not allowed under the category of farmers markets. Staff recommends allowing Farmers Markets in any zone district as a primary or accessory use. Farmers markets would not be allowed, however, in R -1 and R -2 zone districts where the primary use on a lot is a single- or two - family home. Regulations would also be added to the code to require adequate parking (whether onsite or at an immediately adjacent site via a parking agreement) and to regulate signage. Policy Direction Requested: • Does this proposed approach seem reasonable? • Are there any items, besides signage and off - street parking, that would require regulation? • Is the Planning Commission comfortable allowing the potential for farmers markets on undeveloped residentially zoned property? Urban Garden Uses Staff recommends allowing gardens — both community gardens, where produce is consumed by the growers or donated, and market gardens, where produce is sold for profit — in all zone districts as a permitted primary or accessory use. Gardens would not be allowed as an accessory use in R -1 and R -2 zone districts where the primary use on a lot is a single- or two - family home. The proposed amendment would include regulations regarding: Parking: in research of other jurisdictions, it is common not to require off - street parking for gardens, or to have very minimal requirements (such as 0.5 spaces per 1,000 SF where there is a building on the site). Thus staff would recommend a very low on -site parking requirement, with the option to do shared or off -site parking Signage: a garden site would be allowed a maximum of one small sign (likely 4 -6 square feet and no more than 6 feet in height) Allowed Buildings on Site: structures such as sheds or greenhouses would be allowed as a primary or accessory building. Staff recommends limiting the total number and/or square footage. Setbacks for structures would follow underlying zone district Policy Direction Requested: • Does this proposed approach seem reasonable? • Are there any items, besides signage, off - street parking, and allowable accessory structures that should be included in the regulations? Attachments: 1. Summary Table of Research 2. Articles on Urban Ag from City Council Study Session Packet `0 �4 u�! 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N C- O L d Q N N - 0 N O O r+ U N N O. + a V S u m O L CL Q m m L w D Y_ a m 3 CL C Y m c � G � O O N N ti h N Amadran Planning Assodadon Planning August /September 2009 Contents Where Food Planning and Health Intersect A New Direction at the USDA A Serious Flirt With Dirt Tarpon Springs Builds a Road to Local Food Vancouver's Green Thumb Lawn Be Gone What's Fowl Is Fair Berkeley Schools Go Green When Access Is the Issue Traditional Tools that Help Build Good Health Delicious in Detroit Montreal's One Percent Solution It Takes a Wail Savings Farms and Farmland The Struggle for African American Agriculture Web Extra: How Conservation Easements Work The Biggest Picture News Web Extra: Q&A with New Orleans 'Recovery Czar Ed Blakely Legal News By the Numbers Ever Green Letters Planners Library Media Viewpoint About APA Membership Events Education Outreach Resources Jobs & Practice Planning — August/September 2009 Delicious in Detroit The city is plowing resources into its extensive stretches of vacant land. By Olga Bonfiglio Detroit, once the nation's manufacturing hub, now has 70,000 vacant lots, comprising about 27 percent of its 139 square miles. The city has lost one million residents since 1950 and hundreds of thousands of jobs since the early 1960s. What to do with all that vacant land? One solution is to convert it to community gardens. That is the strategy being encouraged by the city council's Green Task Force, created by council president Kenneth Cockrell after he was appointed to his post in September 2008. The agency is partnering with several nonprofit organizations to encourage residents to adopt vacant city -owned land. Those who pay the $20 annual permit fee benefit by having the city plow the land, test the soil, and provide seeds and seedlings for vegetables and flowers. "We now realize that people who were once dismissed as tree - huggers were actually futurists," says Cockrel. "They saw what was coming and they anticipated it and moved to deal with it. And now we're all dealing with it, and becoming environmentally conscious." Detroit has been here before — during the depression of the 1890s, when Mayor Hazen Pingree encouraged residents to garden; during World War 11, when victory gardens were common; and in the 1970s, when Mayor Coleman Young's Farm-a -Lot Program also allowed people to grow food on vacant city lots. In 1992, the late autoworker - activist James Boggs and his wife, Grace Lee Boggs, recognized that robots and globalization were reducing job opportunities in the city. They began Detroit Summer, an initiative aimed at getting Detroit residents to envision alternative futures. "Actually, it was a blessing that Detroit no longer had the illusion of expansion," says Grace Lee Boggs, a former union and civil rights activist and one of the first Asian Americans in the nation to receive a doctorate in philosophy. "You can bemoan your fate or, as the African American elders taught, you can plant gardens." As the garden movement progressed, many nonprofit food organizations emerged to create the umbrella group known as the Garden Resource Program Collaborative. The collaborative has inspired 359 family, 170 community, and 40 school gardens throughout the city since 2003. "The city government is catching up to the community," says Kathryn Underwood, a planner for the city who works with the planning commission. Underwood's own experience is a case in point. The vacant lot in her neighborhood was becoming a trash heap when she, her husband, and six other families started a garden there five years ago. Not only did the garden produce fresh vegetables, but it beautified the area, engaged people of all ages, gave kids an opportunity to see where food comes from, and provided a place for people to gather and talk. "That's the way neighborhoods used to be," says Underwood, who added that gardens have played a huge role in African American cultural tradition. That is significant for Detroit, since 80 percent of its population is black. "Food is essential to dally life," says Ashley Atkinson, one of a number of young leaders promoting urban gardens. She directs Greening of Detroit, which started In 1989 as a reforesting program for the city's neighborhoods, boulevards, and parks. She has been instrumental in developing gardening and youth education programs to help stabilize and redevelop neighborhoods. "We build relationships before we do soil tests," she says. "That ensures that the gardens are scaled correctly and not too overwhelming to the people who will work on them." Other initiatives are in the works. Last September the Detroit city council created a pilot land bank authority to oversee up to 10,000 city -owned properties. Under state law, Michigan's local land banks are aimed at overcoming obstacles like clouded titles, prohibitively high prices, protracted sales transactions, a fragmented land disposition process, and land speculation. Last year the state also recognized the value of gardens and implemented its own Garden for Growth Program. For $50, residents can lease vacant state lands to grow a garden. Wayne County has a similar program for county -owned lands. In 2007 the Next Detroit Neighborhood Initiative targeted six neighborhoods and designated $1.7 million for vacant lot reclamation (gardens, tree nurseries, and pocket parks) out of the $8.9 Gardening tradition Land banking million raised from private foundations, businesses, and the state's Cities of Promise program. Detroit is also trying to create dense urban centers surrounded by forests and connected by greenways, bike trails, and light rail, says Rick Bowers, staff attorney for the city council. Meanwhile, a number of well - connected community activists helped push for the creation of the Detroit Food Policy Council, which was established this March to address food security issues. Fast food and processed foods have largely replaced home - cooked meals in many Detroit households, leading to health problems like obesity, hypertension, diabetes, and heart disease, says Malik Yakini, chairman of the Detroit Black Community Food Security Network. Of course, according to the Centers for Disease Control and Prevention, food security and healthy eating habits are important to everyone, not just specific groups. Nick Leonard, a pre -law student who grew up in a wealthy Detroit suburb, was indifferent to nutritious food until he pursued an internship with the urban gardens last summer. He learned how to grow organic vegetables — and how to cook and enjoy eating them. He also learned about the connection between gardening and a sustainable lifestyle. "Everyone can have a backyard garden," or they can go to the farmer's market,' he says. "These approaches are good for the environment." Leonard volunteered at Earthworks, another Detroit nonprofit food organization, which distributes fresh, locally grown vegetables to low- income families and teaches children how to grow, cook, and eat nutritious homegrown food. Earthworks began in 1997 on a vacant lot to help supply food for a local soup kitchen and food bank. Four years ago, It built a 1,300- square -foot greenhouse that last year provided gardeners with nearly 130,000 seedlings and more than 32,000 seeds for free. "Local food systems and urban agriculture are valuable tools for regional economic development," says Kami Pothukuchi, associate professor of geography and urban planning at Wayne State University. "They have a great potential for creating jobs, developing small businesses, and keeping precious dollars in the community." Actually, this was the way it worked until the 1950s, says Pothukuchi, when an "industrialized food system" began to feed the nation with processed foods at cheap prices and eventually became a trillion- dollar globalized system with a handful of corporations controlling most food production, processing, distribution, retailing, and waste management. "Unfortunately, corporate domination of the food system has meant that food eaten in most U.S. communities is produced outside the community," says Pothukuchi. "This then lowers the local tax base and reduces the number and variety of jobs available to local people." Detroit has only a few grocery stores where residents can buy a variety of nutritious, high - quality, culturally appropriate foods. Residents spend about $500 million every year in food stores outside the city, she says. Last year, Pothukuchi started the Sustainable Food Systems Education and Engagement in Detroit Program at Wayne State University (SEED Wayne for short) to engage students in building a sustainable local food system. It works with a number of community partners to offer activities related to food security, urban agriculture, farmers markets, fans -to- Institution systems, and food policy. In addition, the Eastern Market contributes to Detroit's local food system by featuring more than 300 locally owned businesses, booths for "Grown in Detroit" urban garden produce, and the new Detroit Market Garden Project, a 2.5 -acre demonstration site with gardens, hoop houses, greenhouses, and training programs in food production and finance. "[The Market Garden] is truly a well- rounded green project that can serve as an urban laboratory where people see the entire process of growing, processing, distributing, and retailing food," says Dan Carmody, the market's manager — and a planner with long experience in economic development. Urban gardening is being used as an economic development tool not only in Detroit but in Boston, Chicago, Houston, Los Angeles, Milwaukee, New York, Portland, San Francisco, and Washington, D.C. Advocates say that using vacant land for gardens is not a cure -all, but it is a way to help residents feed their families nutritious food, to enhance neighborhoods, and to make cities more sustainable. Olga Bon/lgho is a freelance writer who also teaches at Kalamazoo College in Kalamazoo, Michigan Sidebar: Montreal's One Percent Solution Sidebar: It Takes a Wall Resources Images: Top — Urban agriculture programs like the Greening of Detroit and SEED Wayne of Wayne State University are teaching residents and decision makers about food systems, safety, and policy. Middle — An Earthworks greenhouse, located on a formerly vaunt lot. Bottom — The nonprofit group Earthworks distributes fresh vegetables to low- income families. Photos Olga Bonfiglio. Online: American Community Gardening Association: www.communitygarden.org Which of the nation's 4,685 farmers markets is your favorite? Vote at the American Farmland Trust website, www.farmiand.org /vote. The results will be announced during Fanners Market Week, August 2 -8. Going local again Smart city governments grow produce for the people I Feeding the City I Grist http: / /www.grist.orglarticle/ food - smart- city - governments - grow - produce - f... Pnnt Now Wnars this? See Original FOOD NOT FLOWERS Smart city governments grow produce for the people by Darrin Nordahl 5 Aug 2010 3:41 PM There's a new breed of urban agriculture germinating throughout the country, one whose seeds come from an unlikely source. Local government officials from Baltimore, Md., to Bainbridge Island, Wash. are plowing under the ubiquitous hydrangeas, petunias, daylilies, and turf grass around public buildings, and planting fruits and vegetables instead -- as well as in underutilized spaces in our parks, plazas, street medians, and even parking lots. The new attitude at forward- thinking city halls seems to be, in a tough economy, why expend precious resources growing ornamental plants, when you can grow edible ones? And the bounty from these municipal gardens -- call it public produce -- not only promotes healthy eating, it bolsters food security simply by providing passersby with ready access 1 of 4 08/06/2010 8:25 AM The produce outside the capitol building at Madison, WI, is donated to a food pantry. Smart city governments grow produce for the people I Feeding the City I Grist http: / /www.grist.orglarticle/ food - smart- city- governments -grow- produce -f... to low- or no -cost fresh fruits and vegetables. Chard is one of the many plants growing in the Montpelier, Vt. state house vegetable garden. But is this really city government's job? As long as municipal policymakers strive to create programs to reduce social inequity and increase the quality of life for their citizens, I contend that it is. Access to healthy, low -cost food helps assure the health, safety, and welfare of citizens every bit as much as other services that city governments provide, such as clean drinking water, protection from crime and catastrophe, sewage treatment, garbage collection, shelters and low- income housing programs, fallen -tree disposal, and pothole -free streets. Median magicians In Seattle, a forgotten strip of land that once attracted only those engaged in illicit behavior is now a source of fresh food and community pride. Residents of the Queen Anne neighborhood worked with the Department of Transportation to transform a neglected street median, rampant with invasive plants and pricked with hypodermic syringes, into a community garden and gathering space. They cleared the median of its debris and weeds, and have recently constructed raised vegetable beds and planted fruit trees. (1 had the honor of attending the dedication ceremony back in April, and planted -- what else? -- an apple tree.) Parks and Recreation staff in Des Moines, Iowa, meanwhile, are cultivating the land in neighborhood parks and around schools and community shelters. Fruits and nuts are the foods of choice for Des Moines staff, since once established, these woody perennials require considerably less maintenance than annual vegetable crops such as corn, beans, and tomatoes. Des Moines' reasons to turn public space into food gardens are profound: bolster food security, improve economic self - sufficiency, increase community access to culturally appropriate and nutritious food, and to make connections between community members, organizations, and resources to ensure the longevity and viability of the urban food system. Interestingly, city staff purposely plant fruits that are unfamiliar to many. By encouraging Des Moines citizens to try new foods they hope to increase dietary diversity and to improve "food literacy." That these plants are unfamiliar to many is somewhat ironic, as many of the fruit trees and shrubs -- such as paw 2 of 4 08/06/2010 8:25 AM Volunteers plant a median in the Queen Anne neighborhood of Seattle with edible landscaping. Smart city governments grow produce for the people I Feeding the City I Grist http: / /www.grist.org/article/ food - smart- city- governments -grow- produce -f... paw, spicebush, and serviceberry -- are actually native to Iowa. A bit further east along Highway 80, city planners in Davenport, Iowa, where I work, are refining plans to turn an underutilized downtown parking lot into an edible oasis. What is today a one -acre eyesore will become green space filled with fruit and nut orchards, garden plots, and pergolas replete with rambling grape vines. The renovation of this parking -lot- cum -park is being funded out of the municipality's Capital Improvement Program: $370,000 is allocated for construction, with ongoing maintenance supplied by volunteers from United Way, Big Brothers Big Sisters, students from local grade schools and universities, and even the proprietor of the Thai restaurant across the street. (The produce he will plant and harvest -- such as Thai eggplants, chilies, and basil -- is essential to his authentic cuisine, but difficult to source in Davenport.) The willingness on behalf of these local organizations to help the City of Davenport with the ongoing production of fruits and vegetables should placate anyone concerned with maintenance of these public produce plots. Imagine how few takers there would be if municipal leaders were to offer citizens an "opportunity" to help city staff mow the grass in the neighborhood park or weed the petunia beds Davenport, Iowa, volunteers, and nonprofits. in the downtown plaza. Ask those same citizens to help grow food for their community, and it is remarkable the legions who step forward, trowel in hand. Capitol ideas Higher - profile landscapes around city halls are also shedding their purely ornamental visage for an edible makeover. Such garden transformations have already occurred in Baltimore, Md. and Portland, Ore. In Montpelier, Vt., chard, beets, kale, collards, and red lettuces adorn the public grounds around the historic statehouse. Madison, Wisc. staffers ripped out the flowers around the Capitol and replaced them with potatoes, cabbage, carrots, corn, peppers, and tomatoes. Municipal government officials have no doubt been inspired by First Lady Michelle Obama's transformation of a portion of the White House South Lawn into a vegetable garden. But there's an important distinction between the produce being grown at the White House and that at city hall. The food from the First Family's garden is primarily for them and their dinner guests. At these green- thumbed city halls, the growing of food is an endeavor by the people, for the people. "I want people to see city hall differently -- that it's our public land, and that it works for us and with us," Sallie Marion, a Bainbridge Island resident who recently helped transform the landscaping around the town's city hall into an edible bounty, told the Kitsap Sun. The volunteers planted more than 40 plants, including cauliflower, kale, and strawberries, and any resident is welcome to grab a tomato and some basil for their dinner. As another Bainbridge Islander remarked, "It's for people in need or people who just want to try some fresh food." The Bainbridge Island folk were inspired by the tale of Provo, Utah, where -- as in many municipalities across the country -- the recession has reduced budgets and forced cutbacks on maintenance. Fussy ornamental landscapes adorning civic places just don't seem a high financial priority for elected officials. But nobody likes to look at empty plots of dirt or Em weed patches outside their window. So in Provo, 3 of4 08/06/2010 8:25 AM Smart city governments grow produce for the people I Feeding the City I Grist http: / /www.grist.org/arfcle/ food - smart- city- governments -grow produce - f... City planners in Provo, Utah germinated seeds for the city three planners volunteered their time to hall plaza in their makeshift greenhouse -- in this case re- establish the landscape outside their city hall their cubicles in city hall. -- but did so in a manner that adds immense value to the landscape and the community. They sowed melons, beans, cucumbers, and beets in the many brick planters. During their first season (which was last year), the city planners harvested 350 pounds of produce from 250 square feet of dirt and donated it to the local food bank. This year, with a bit more gardening know -how under their hats, they plan to cultivate an expanded 500 - square -foot space from which they hope to reap more than 1,000 pounds -- quite a harvest from such diminutive plots. (The group is also blogging the progress of the city hall "farm. ") As with many of the urban agriculture projects, the idea of growing food on municipal land is not new. (See the introduction to the Feeding the Cities series, "The History of Urban Agriculture Should Inspire its Future. ") Vegetable gardens have helped bolster America's food supply when times were tough during the Long Depression of the 1890s and the Great Depression, as well as both World Wars. The most popular of these public veggie patches -- the Victory Gardens of World War II -- were planted not only by patriotic citizens around the nation, but by city governments in public spaces to provide, teach, and inspire their people. With unemployment in many cities, food stamp use, San Francisco planted a Victory Garden in front of its city and pressure on food banks at an all -time high, it hall during World War II. simply makes sense to grow food, not flowers, where possible. Victory Gardens supplied the nation with 40 percent of its fresh vegetables. It is staggering how much edible bounty can be produced from small -scale gardening efforts on public land. The time is ripe to revisit Victory Gardens in public spaces: with just a little bit of organization and encouragement from our government officials, we could bring the community together to brighten the landscape and nourish the needy. Darrin Nordahl is the city designer at the Davenport Design Center, a division of the Community & Economic Development Department of the City of Davenport, Iowa. He has taught in the planning program at the University of California at Berkeley and is the author of My Kind of Transit and Public Produce, which makes a case for local government involvement in shaping food policy. 02010. Grist Maganne, Inc. All rights reserved. Gloom and doom vath a sense of humor0. 4 of 4 08/06/2010 8:25 AM Page 1 of 1 Sarah Showalter From: Kenneth Johnstone Sent: Tuesday, December 07, 2010 8:16 AM To: Sarah Showalter Subject: FW: Urban Ag Stuff This is Karen's list of items to look at from last night. Ken Johnstone, A1CP Community Development Director Wheat Ridge, Colorado 80033 Office Phone: 303 -23S -2£344 City of 1{°aLtt , C'. FvLSJ17I 1'f C7 r..t I A") ml" From: Karen Berry [mai1to:khberry26 @hotmai1.com1 Sent: Monday, December 06, 2010 7:58 PM To: Kenneth Johnstone Cc: Patrick Goff Subject: Urban Ag Stuff Here you go: • Allow Community gardens outright in most zone districts ow people to grow and sell unprocessed produce on their property --�A ] i s i y • Investigate and Remove any barriers to yard sharing • Allow farmers markets in all commercial zoning including TOD • Look at using city hall as a weekend farmers market • Look at zoning incentives for permanent farmers markets • 38 avenue zoning code to envourage small to mid size grocery stores • look at using parks and utizilied city land for community gardens, CSA and market gardens Ka,re Be-rry c , Di4tr�ctr 303.249.4570 12/07/2010 CITY COUNCIL MEETING City Council Chambers 7500 W. 29 Ave. December B, 2010 y � f Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303 - 235 -2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. aga s •. 1. Staff Reports 2. Off -leash dog park committee report 3. Urban Agriculture (Live Well Wheat Ridge) 4. WR2020 — Strategic Plan Update To: Wheat Ridge City Council From: LiveWell Wheat Ridge Date: December 6, 2010 Wheat Ridge Councilmembers: A growing number of communities throughout Colorado and the U.S. are embracing urban agriculture. On city- or county -owned plots, private property, office rooftops, on school grounds, and even on roadway medians, people are experiencing the social, economic, environmental, physical, and mental benefits of this exciting trend. In Wheat Ridge, an increasing number of community members are similarly embracing urban agriculture on private property, at community gardens, and on small family farms. Consistent with Goal SF -4.2 (Accessible Healthy Foods) in the 2009 Envision Wheat Ridge Comprehensive Plan, the purpose of this study session is to more closely examine this issue in the unique context of the Wheat Ridge community. At tonight's session, we will examine successful examples of urban agriculture in Wheat Ridge, identify inspiring case studies from other local communities, discuss the potential economic and health benefits of supporting urban agriculture, and the interface between urban agriculture and Wheat Ridge's zoning code. In particular, staff will ask for guidance from Council to proceed with potential zoning code amendments that would clarify where different uses and activities related to urban agriculture are allowed. Presenters include: Sarah Showalter - Planner, City of Wheat Ridge Suzanne Teale - Wheat Ridge resident and grower and a Wheat Ridge 2020 partner Shannon Spurlock- Community Initiatives Coordinator, Denver Urban Gardens Ted Heyd, Planning and Technical Consultant, LiveWell Wheat Ridge We thank you very much for your time and consideration. Ted Heyd Technical and Planning Consultant LiveWell Wheat Ridge Molly Hanson LiveWell Wheat Ridge Coordinator Attachments: - Two articles on the topic of Urban Agriculture - Handout on the health benefits of community gardening from Denver Urban Gardens gardens growing rese healthy communities Colorado School of Public Health &Denver Urban Gardens an ecological place to grow food, be active and enjoy nature in an urban setting a social place to work together to improve the quality of individual and community lives a cultural place to develop and express place -based aesthetic, spiritual and environmental and values an individual place where participants are empowered to cultivate relationships: engaging in meaningful activities together, learning from each other, and giving back to others a healthy place An example of an everyday neighborhood landscape, community gardens are affordable and accessible to everyone, regardless of age, ' income, education or background. Participation requires active engagement both with nature in the growing of fresh food and with family, friends and neighbors through social interaction. Thus, community gardens embody natural, highly valued places that strengthen neighborhoods and promote healing, health and wellness. Background: The Healthy People 2010 Initiative, a national framework for public health prevention, suggests that individual health is almost inseparable from the health of the larger community. Understanding and improving this larger community - the places people live, work and recreate - will go a long way to promoting health and strengthening neighborhoods. Since 2004 Denver Urban Gardens and the Colorado School of Public Health have worked togeth through the "Gardens for Growing Healthy Communities" community -based research initiative, to explore how gardens, neighborhood places, support healthy living. (Funded by the Centers for Disease Control and Prevention's Health Protection Research Initiative and extended by additional funding from the Colorado Clinical and Translational Sciences Institute and the J.R. Albert Foundation.) Key Findings ": • 100% of community gardeners stated that their main reasons for gardening were to be outside in nature and to get their hands dirty. Almost 80% of them gardened as children. • More than 50% of community gardeners meet national guidelines for fruit and vegetable intake, compared to 25% of non - gardeners. • As well as eating better and being more active, gardeners are more involved in social activities, view their neighborhoods as more beautiful, and have stronger ties to their neighborhoods. • 95% of community gardeners give away some of the produce they grow to friends, family and people in need; 60% specifically donate to food assistance programs. • In addition to more positive ratings of physical and mental health, gardeners see the world differently... emotionally, spiritually and culturally, as well as socially and environmentally. • Community gardens promote stronger neighborhood leadership, outreach, and volunteerism. • 88% of people who do not garden want to see gardens in their neighborhood. Rx for Healthy Place- Making: This research highlights the importance of intentionally supporting neighborhood environments and social processes that give way to a strong sense of community, also referred to as "healthy place- making" and that healthy places are especially important when they embody a diverse range of ecological, social and culturE attributes. Community gardens demonstrate one very viable strategy to achieve healthy place- making and foster improved health when the: Ecological attributes of gardens reflect a place: • to be outside in nature and to get hands dirty • to grow plants - flowers, herbs and food crops • that can be used for multiple purposes • that is central, visible and accessible • that serves as a local destination • that promotes interactions with nature, people and environmental values Social attributes of gardens reflect a place: • to socialize and get to know your neighbors • to build trust and develop pride • to receive and offer encouragement Cultural attributes of gardens reflect a place: • to develop emotional and spiritual connections • to express heritage and traditions • to develop a worldview • to share stories, successes and food • to foster respect for others and bridge generations • to build a stronger sense of community • to develop unique community identity • for participants and neighborhood residents to experience beauty Conclusion: When a neighborhood place embodies these ecological, social and cultural attributes, it becomes a place that naturally promotes wellness. Thus, a community garden is more than a good idea among a select group of people; it is a community model for healthy living. Contacts: Dr. Jill Litt, Principal Investigator, Colorado School of Public Health: iill.litt@ucdenver.edu Michael Buchenau, Executive Director, Denver Urban Gardens: michael@dua.oro For more information about the research, including companion manuscripts, please visit www.dug.org /GGHC "These are partially unpublished findings, do not cite without permission. ri City of LAND USE APPLICATION FORM Wheat N COA4 Mt3NilY t7 vFr�or,vte;.'I Case No. [ZO A1102 Date Received 1 11 1 12 01 1 Related Cases j Case Planner ;Showalter Case Description Amend Chapter 26 concerning Urban Agriculture —I v slppr6'cavN /abv� Name City of Wheat Ridge Name �_� Phone Address C City — - - -- — - -- State Zip -- -- { at 11dcyzMbv4p --- - -- - -- -.. -- Name L_._ - -J Name C - - -- _ -� Phone „_, Address City - - - - State Zip -' ! 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