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HomeMy WebLinkAbout04/21/2011.� City of WheatR�Loge PLANNING COMMISSION Minutes of Meeting April 21, 2011 1. 2. 3. 5. 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. 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: PLEDGE OF ALLEGIANCE Ken Johnstone, Community Development Director Sarah Showalter, Planner II Kathy Field, Administrative Assistant 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. 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) Planning Commission Minutes 1 April 21, 2011 No members of the public wished to speak at this time. 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 "d 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 maybe 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 th 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 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. 0 Alan Bucknam, Chair Ann Lazzeri, Seer ai Planning Commission Minutes 5 April 21, 2011