09-16-2019 Planning Commission Packet

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To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator e'? From: Jeremy Barnhart, Community Development Director Date: September 16, 2019 Subject: #LA19-000064, City of Orono Text Amendment Related to Gardens as a Principal Use Public Hearing Application Summary: This ordinance would remove Gardens as a principal use in all residential zoning districts,and add Community Gardens as a permitted use in the RR-1B zoning district. Staff Recommendation: Planning Department Staff recommends approval of the ordinance as drafted. Background In 2011,the City Council (land use case 11-3504) adopted an ordinance that introduced Gardens as a permitted use in all residential zoning districts. This amendment was created to allow the development of a community garden on city owned property. No definition of a garden was included in the ordinance amendment. Since gardens are a permitted principal use, a principal structure (house, school, church, etc.) is not required, and all of the allowed accessory uses are permitted, including docks, sheds, etc. which may defeat the purpose of the zoning district,to provide housing or cultural options for the community.The City Council directed staff to prepare an ordinance removing gardens as a principal use at their workshop on August 12th Based on the 2011 amendment,one community garden was established, on City property east of Willow Drive. This community garden still operates, and the Council recently approved an extension to the license agreement. Analysis Staff has prepared an ordinance that strikes the reference to gardens as a principal use in 8 of 9 residential zoning districts. In the district that houses the Community Garden, RR-1B, staff proposes defining community garden,and allowing community gardens,while striking the general "Garden". The Planning Commission should comment on whether this deviation is appropriate. These options are provided on lines 40-50 of the attached draft ordinance, Exhibit A. Without this alternative text,the community garden could not be expanded, or relocated. In these situations, a variance is not a remedy, as state statute does not permit "use"variances. Public Comments To date, no public comments have been received.