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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 12 of 24 (8. #11-3504 PUBLIC HEARING - CITY OF ORONO - ZONING TEXT AMENDMENT RESIDENTIAL ZONING DISTRICTS: GARDEN AS A PERMITTED USE, Continued) Rahn stated it appears that the special event permit application could be manipulated to accommodate this request and that the recommendations of the Planning Commission could be incorporated into the special events permit. Curtis stated in Staff’s opinion it needs to be allowed as a principal use on a residential property or specifically allowed in the code defining what a special event is. Rahn commented he would be in favor of allowing a property owner on a private residential lot to have a garden prior to constructing a primary home. Printup indicated he would also be in favor of allowing a property owner on a private residential lot to have a garden prior to constructing a primary home. Franchot indicated he is generally in favor of that, and asked whether the list of recommendations is part of the request that is being discussed tonight. Curtis stated the recommendations are in specific reference to community gardening and that there could be more requirements placed on community gardening by the City Council. Rahn stated the problem the Planning Commission ran into is that every garden location is going to have different issues and that there needs to be some type of permit that would allow the Council to address those individual circumstances and that the code amendment is to allow the garden as a permitted use. Curtis stated Staff is recommending that gardening be allowed as a primary use on a residential vacant lot and that Staff is also recommending that there be a license agreement to utilize the city-owned lot, which is Option No. 2. Rahn asked if the license agreement would then be addressing the insurance issues and the list of requirements being recommended by Staff. Curtis stated the license agreement is in place of a special event permit because Staff does not feel that gardening would fall under a special event unless the code is changed to add it as a special event. Mattick stated traditionally special events in the City have been day-long events and that a community garden would extend over several months. A way to deal with that is to require certain conditions specific to that land with the license agreement that are not necessarily conditions that the Council would put on a zoning district. Mattick indicated the license agreement would not be something that the Council would use if a private individual wanted to have a garden. Staff has been attempting to come up with options to streamline that process. Mattick indicated parks are a broad definition for city controlled land and that Staff contemplated the designation of park in conjunction with the licensing agreement so the City would not be bound forever to this agreement but yet it would still address this situation. Printup stated he does not see the need to change an entire ordinance for a community garden but that the Council could agree to a permitted use for a garden on a residential lot without a structure. Bremer stated because the City owns the property, there needs to be some type of license. Item #02 - CC Agenda - 06/13/2011 Approval of Council Minutes 05/23/2011 [Page 12 of 24]