05/16/2011 Planning Commission Minutes

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MINUTES OF THE ORONO PLAN1vING COMINIISSION MEETING Monday,May 16,2011 6:30 o'clock p.m. In April,the City Council directed Staff to study zoning code text amendments regarding community gardens. It made sense to include private,residential gardens in the study of community gardens. Within the residential zoning districts,text amendments would be necessary in order to classify private gardens as a principal,pernutted use. This may allow the owner of a vacant residential property to create a garden plot for their personal use absent a principal structure. Private gardens on vacant properties,if properly maintained,may have little to no negative impact on the immediate neighborhood. However,a garden requires regular maintenance,monitoring and upkeep. Orono has property maintenance regulations that would also apply to garden properties so they do not become a nuisance. As previously mentioned, a shed is not permitted on a property where a principal residence is not present. It may be appropriate to allow a minimal garden shed on the property in conjunction with a private garden to allow for adequate storage of hoses, shovels,wheelbarrows, and other necessary gardening equipment to keep the property tidy. Fencing should also be considered as many gardens require a sturdy fence to keep out animals such as rabbits and deer. Multi-tenant community gardens are typically found in higher density, smaller lot,urban-sized neighborhoods. Some cities or neighborhoods have a specific property designated and available for use as a community garden. A distinction should be made between a single-user community garden such as a charity or nonprofit group growing food to donate and a multi-user garden where individual plots are divided off for individual use. There are benefits and unique challenges with both types. The City can control how the garden is used and maintained via the use of a pernut. A pernut fee may be imposed to cover costs if the community garden is on a city-owned property. As community gardens typically exist within residential areas,the issue of farm stands or other related commercial uses should be discussed. The majority of Orono is made up of 2-acre zoning districts with many of the lots greater than two acres • in area. Orono strives to maintain its rural character,and`while they have rural feel, community gardens distributed throughout the City on private properties may not be consistent with our goals as a city. Nor does Staff have a clear understanding of the level of need for this type of use in Orono. Options the Planning Commission may want to consider include: minimum standards for private gardens as a principal use within all residential zones and add community gardens as a principal, conditional or even interim use in residential zones; add community gardens to be an accessory to an institutional use allowed by CUP such as schools,churches,etc.,designate a specific city-owned property or properties for use as a community garden for a single user. The City could issue a permit and impose conditions as well. as a fee to cover staff time and the water usage bill for the season. The city-owned vacant lot behind the Long Lake/Orono Fire Station on Willow is one example of a potential site which was explored by the interested parties for a community garden. There are specific challenges associated with allowing any type of community garden on either public or private property. The challenges could become long-term problems if the property owner is unwilling or unable to be responsive to issues. There are a number of issues that do not fall under the Planning Commission's review,including,but not limited to,use of a city-owned property, determining the appropriate user of a city-owned property and access to water, etc. These are decisions the City Council must make from a policy standpoint. Staff included a table in the staff report identifying potential issues. The Planning Commission should discuss how those potential issues could be addressed relating to a community garden. Page 3