The Governing Body is asked to consider and approve an ordinance amending the Code Sections 45-475 and 78-15 to the Code of Ordinances of the City of Garden City.

1. Ordinance No. ______ - 2023, an ordinance regulating the use of rights-of-way for parklets and establishing a fee for the permitting of such use within the corporate limits of the City of Garden City, Kansas; amending current code sections 42-475 and 78-15; repealing current code sections 42-475 and 78-15; all to the Code of Ordinances of the City of Garden City, Kansas.

In 2021, the City of Garden City awarded Downtown Vision a $50,000 grant for parklets. Since that award, Downtown Vision has been working with Kansas Department of Transportation about requirements for parklets located on Main Street as it is a designated state highway.

In February of 2022, Downtown Vision selected Flat Mountain as the recipient of the parklet and began working on the design. 

At the June 20, 2023, Pre-meeting, the Governing Body received an update on parklets and asked staff to develop a policy to allow for parklets downtown within the C-3 Central Business District.

Staff has worked with Downtown Vision and other city departments to create a policy that would encompass the Governing Body’s desire to allow parklets downtown. The policy includes the following:

• Permit fee of $200.00Design standards
• Operated by a licensed Food Establishment License by the Kansas Department of Agriculture or licensed for on-premise consumption of alcohol liquor or cereal malt beverage by the Kansas Department of Revenue.
•  Moveability of the parklet
•  Required barriers
•  Location restrictions & proximity to utility infrastructure
•  Hours of operation (6:00 am to 12:00 am)
•  Insurance requirements
  

Each application will be submitted to Neighborhood & Development Services and be reviewed through an informal site plan review process. The parklet policy has a sunsetting date that will terminate the permit on December 31, 2024. 

1. The Governing Body may approve the ordinance as presented.
2.  The Governing Body may approve the ordinance with changes.
3.  The Governing Body may not approve the ordinance.
4.  The Governing Body may provide an alternative direction.

Staff recommends the Governing Body approve the ordinance as presented.

No costs associated with approval of the ordinance.