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STAFF ORIGINATOR: CC MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM 6.A.i Paul Bengtson January 24, 2011 Second Reading of Ordinance Number 02-11 Zoning Ordinance Amendment to add Transient Merchants, Open Air Markets, and Community Gardens as allowable uses under certain conditions The Planning and Zoning Board initiated a discussion of Transient Merchants, Open Air Markets, and Community Garden in order to clarify the requirements of the zoning ordinance. After a number of months discussing the issue, staff drafted some ordinance language and the Planning and Zoning Board reviewed the language and took action to recommend approval of the language to the City Council. The City Council approved the first reading of this ordinance on January 10, 2011. COMMUNITY GARDENS The draft language defines the term Community Garden, to be specifically operated on city land only, and will add it as a permissible use in all zoning districts. The Community Development Department will then work with the Environmental Board and the City Council to craft a Community Garden Agreement. This agreement will outline all of the requirements and rules of the community garden including addressing the liability issues, parking needs, water service, city signage for redevelopment, terms of use as to the redevelopment of the site, management responsibilities of the city, etc... This will all be in place before the city allows any occupation of the site by garden plot renters. OPEN AIR MARKETS The draft language defines the term Open Air Market, and makes the use allowable by administrative permit in all zoning districts, with the use specifically designated as `accessory to an institutional use' in the rural and residential zoning districts. The administrative permit required to approve this use will be the Special Event Permit included in Chapter 615 of the City Code. This section of the code will need to be modified slightly, to replace the term 'flea market' with the term 'open air markets'. That amendment is proposed with Ordinance Number 01-11 on this same agenda.