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PLANNING COMMISSION
Minutes of Meeting
April 21, 2011
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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.
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Alan Bucknam, Chair
Ann Lazzeri, Seer ai
Planning Commission Minutes 5 April 21, 2011