Title
Petition 50TCH-07 PB. Amend the Five Points Special Area Plan (B)
This item amends the Five Points Special Area Plan to prohibit additional uses, including Rehabilitation Centers and Social Service Homes or Halfway Houses.
Explanation
On August 8, 2005, the City Commission implemented one of the recommendations of Plan East Gainesville by establishing the Five Points Special Area Plan (SAP) Overlay Zoning District. On April 23, 2007, the City Commission directed staff to process a Land Development Code amendment petition to add Rehabilitation Centers and Social Service Homes or Halfway Houses to the list of prohibited uses in the Five Points SAP. The City Plan Board heard the petition on May 17, 2007. Consistent with staff's recommendation, the City Plan Board voted 6-0 to recommend that the City Commission approve the petition.
The ordinance was initially scheduled for first reading on the January 14, 2008 City Commission agenda, but was withdrawn and continued for further review and consideration by staff.
Staff requested that the item be withdrawn due to concerns that other uses which are similar to Rehabilitation Centers and Social Service Homes or Halfway Houses should be treated in the same manner. Staff has researched those other uses and now recommends that other similar additional uses be prohibited. Those uses are listed below:
· Social Services (MG-83);
· Residences for destitute people;
· Food distribution centers for the needy;
· Membership organizations (MG-86);
· Roominghouses and boardinghouses (GN-702); and
· Dormitories.
Like Rehabilitation Centers and Social Service Homes or Halfway Houses, the above uses primarily involve the provision of a service that is received outside of a permanent dwelling unit. While some of these uses may have a temporary residential component, they are not primarily a permanent residential use.
When considering the development of the Five Points Area, a review of Plan East Gainesville is helpful. Plan East Gainesville is a joint City/County initiative to stimulate and guide the physical and economic development of East Gainesville. An experienced consultant was hired (at a cost of $194,000) to facilitate public participation in the development of Plan East Gainesville and to write the final report, which was completed in February 2003. Extensive public participation occurred during the development of Plan East Gainesville. Some of that public participation is described in Appendix B of the Plan's Final Report.
Some of the major land use and socioeconomic issues identified in Plan East Gainesville include a relative lack of high-end single family housing; the absence of a well-defined center, with accessible civic or public spaces; the perception of high crime rates; separated and automobile oriented land uses; a lack of viable local commercial land uses like movie theatres, restaurants and retail stores; and undefined activity centers that lack specific policy guidance to ensure a well-integrated urban form.
One of the recommendations of Plan East Gainesville is to change the development of the Five Points Area. Currently, that area has a suburban, automobile dominated development pattern. Uses include a gas station, a beverage store, fast food restaurants, convenience stores, automobile parts stores, and automobile repair shops. Most of the buildings are set back behind large parking lots. Few if any trees exist in the area. Several lots and buildings are vacant. Several occupied buildings have bars on the windows.
In contrast, Plan East Gainesville calls for significant new investment in Five Points. Plan East Gainesville envisions a vibrant urban area with a mix of shops, cafés, sit-down restaurants, offices, entertainment, and services. According to Plan East Gainesville, in addition to being an employment and activity center, the Five Points Area should be the focal point of the community. The consultant that developed the plan recently commented that the Five Points area should be a gathering place for the community, and reflect the community.
Specifically, Plan East Gainesville states that priority objectives for the plan include:
· Expand the range of housing choices, to attract and retain residents with a variety of income levels; and
· Target specific areas for mixed-use development centers that can support and sustain higher levels of employment, commercial and social activities.
In another section, Plan East Gainesville states, "Land use and design options include . . . encouraging the development of compact, walkable mixed-use centers with easy access to public transportation; creating civic gateways at major entry points; . . ."
The Land Use Section of Plan East Gainesville states:
"The Five Points Activity Center will become the new "downtown" of Gainesville's east side . . . This activity center has been identified as a priority for redevelopment as a signature project, or catalyst, for private sector reinvestment.
As an Urban Center, a mixture of uses would be provided, including professional office, retail, services, restaurants, and multi-family residential."
Reviewing these parts of Plan East Gainesville is important, because they indicate the types of uses that are consistent with Plan East Gainesville's vision for the Five Points Area. A reasonable conclusion, based on Plan East Gainesville, is that the uses proposed to be prohibited are not consistent with Plan East Gainesville's vision for the Five Points Area. While Plan East Gainesville specifically calls out many uses and categories of uses that are consistent with the vision for the Five Points Area, the uses proposed to be prohibited are not among those uses.
For those reasons, staff recommends approval of this petition.
Fiscal Note
None.
Recommendation
Plan Board to City Commission: Amend the Five Points SAP to prohibit Rehabilitation Centers and Social Service Homes or Halfway Houses.
Staff to City Commission: Direct staff to initiaite a new petition to the City Plan Board that would amend the Five Points SAP to prohibit Social Services (MG-83), Residences for destitute people, Food distribution centers for the needy, Membership organizations (MG-86), Dormitories, Roominghouses and boardinghouses (GN-702), Rehabilitation Centers, and Social Service Homes or Halfway Houses.
Alternative Recommendation A: Deny the petition.