title
LAND DEVELOPMENT CODE - ICE MANUFACTURING/VENDING MACHINES AS SPECIALLY REGULATED USE (B)
Ordinance No.110112; Petition No. PB-11-55 TCH
An ordinance of the City of Gainesville, Florida; by creating and adding Section 30-120 to the Land Development Code by adding Ice Manufacturing/Vending Machines as a specially regulated use; as more specifically set forth in this ordinance; providing directions to the City Manager; providing directions to the codifier; providing a severability clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
STAFF REPORT
This petition proposes an amendment to Article VI of the Land Development Code to add a new specially regulated use of Ice Manufacturing/Vending Machines. This would be codified as Sec. 30-120.
The petitioner, East Coast Ice, has provided a document with proposed language for the new Sec. 30-120. That document also contains various photos of various buildings already in place in locations and schematics showing the ability to screen machinery.
Staff has reviewed the petitioner's draft language, and while there are some areas of agreement, staff finds that the petitioner's proposed requirements do not adequately protect the City's design and aesthetic principles as embodied in the Comprehensive Plan and Land Development Code. The section in the Staff Report labeled "Recommended Changes to Article VI. Requirements for Specially Regulated Uses" indicates staff's recommended requirements for this use as the preferred alternative to the draft proposed by the petitioner.
In addition, the petitioner's draft language included allowing the use by Special Use Permit in the MU-1 (8-30 units/acre mixed-Use Low Intensity); MU-2 (12-30 units/acre mixed use medium intensity); UMU-1 (up to 75 units/acre urban mixed-use district); UMU-2 (up to 100 units/acre urban mixed-use district); and CCD (up to 150 units/acre central city district) zoning districts.
Staff cannot support the addition of this proposed use even by Special Use Permit in any of the mixed use districts, which includes MU-1, MU-2, UMU-1, UMU-2, and CCD. The Ice Manufacturing/Vending Machines are not consistent with the urban and streetscape vision for these districts as embodied in the Comprehensive Plan and Land Development Code. Each of these districts allow residential, and the Ice Manufacturing/Vending Machines are not compatible with residential use.
This proposal for inclusion in the MU-1, MU-2, UMU-1, UMU-2, and CCD districts is inconsistent with several Comprehensive Plan goals, objectives, and policies. They include: Urban Design Element Objectives 1.2, and 1.8; and Future Land Use Element Policy 1.4.4.
In particular, Future Land Use Element Policy 1.4.4 speaks to the issue of uses in the mixed-use zoning districts. It states, "In mixed-use zoning districts, the City should prohibit or restrict land uses that discourage pedestrian activity and residential use, including car washes, motels (hotels are acceptable), storage facilities, auto dealerships, drive-throughs, warehouses, plasma centers, and street-level parking lots."
While the ice machine manufacturing/vending units are not specifically called out in this policy, it is clear that the mixed-use zoning districts should discourage uses that discourage pedestrian activity and residential use. Currently, the MU-1 and MU-2 zoning districts do not allow the use and building type proposed by Ice House America, and this is supported by the Comprehensive Plan.
Staff recognizes that when the City Commission heard an appeal (December 2, 2010) of the Board of Adjustment decision on the classification of this use, there was an additional motion approved at the time that stated, "Direct staff to look at development and architectural standards for businesses such as these in the MU-1 and MU-2 zoning districts."
During the interim period, staff has consistently moved forward on recommended changes to the MU-1 and MU-2 zoning districts. The Plan Board heard and unanimously approved (6-0) Petition PB-11-28 TCH (which includes changes to the MU-1 and MU-2 zoning districts and establishes activity centers in the mixed use zoning districts) at the May 23, 2011 meeting. After a careful review of the proposed changes and the intent of the revised MU-1 and MU-2 zoning regulations, staff does not find the Ice Manufacturing/Vending Machines as a compatible use with those regulations for a more urban form in the MU-1 and MU-2 zoning districts.
The Ice Manufacturing/Vending Machine use is auto-oriented and does not support the pedestrian/bicycle vision for the mixed use districts. Both the City's Transportation Concurrency Exception Area (TCEA) and the mixed use zoning districts promote pedestrian access and a reduction in vehicle trips. As stated in the MU-1 district purpose clause, "The district is intended to reduce the length and number of vehicle trips by providing for basic needs within close proximity to residential area, by encouraging pedestrian access, and by the combining of trips." Access to these ice manufacturing/vending machines is clearly designed for automobiles, and pedestrian/bicycle trips are not encouraged by this use.
The Plan Board discussed the petition and voted to approve the petition 4-0 with modifications to the staff recommendation by deleting the one mile spacing requirement and the skirting requirement for the machines and adding a requirement that the utility connections on the machines be screened from public rights-of-way and from pedestrian rights-of-way.
Public notice was published in the Gainesville Sun on April 12, 2011. The Plan Board held a public hearing on April 28, 2011.
CITY ATTORNEY MEMORANDUM
The City Commission, at its meeting of July 7, 2011, approved the Petition that authorized the City Attorney to draft the proposed ordinance.