City of Gainesville - File #: 110788.

• File #: 110788.
• Version: 3
• Name: TEXT AMENDMENT - SPECIAL AREA PLAN IN THE LAND DEVELOPMENT CODE (B)
• Type: Ordinance
• Status: Adopted
• File created: 4/19/2012
• In control: City Attorney
• Final action: 5/3/2012
• Title: TEXT AMENDMENT - SPECIAL AREA PLAN IN THE LAND DEVELOPMENT CODE (B) Ordinance No. 110788; Petition No. PB-11-156 TCH An ordinance of the City of Gainesville, Florida, amending Appendix A. Special Area Plans Section 8. Special Area Plan Southeast Gainesville Renaissance Initiative Area of the Land Development Code; by deleting drive-throughs as a prohibited use; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

Date	Ver.	Action By	Action	Result
5/3/2012	3	City Commission	Adopted on Final Reading (Ordinance)	Pass
4/19/2012	1	City Commission	Approved (Petition) and Adopted on First Reading (Ordinance)	Pass

title

TEXT AMENDMENT - SPECIAL AREA PLAN IN THE LAND DEVELOPMENT CODE (B)

Ordinance No. 110788; Petition No. PB-11-156 TCH
An ordinance of the City of Gainesville, Florida, amending Appendix A. Special Area Plans Section 8. Special Area Plan Southeast Gainesville Renaissance Initiative Area of the Land Development Code; by deleting drive-throughs as a prohibited use; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

recommendation

The City Commission adopt the proposed Ordinance.

explanation

PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT

This Ordinance amends the Southeast Gainesville Renaissance Initiative Area (SEGRI) special area plan by deleting drive-throughs as a prohibited use in this overlay zoning district. The prohibition on drive-through facilities was first established in the smaller (approximately 49 acres) 5-Points Special Area Plan overlay zoning district, which was repealed and replaced by the approximately 1,107-acre (1.7 square miles) SEGRI Special Area Plan overlay district upon adoption of Ordinance No. 090483 on April 7, 2011. Consideration of whether drive-through facilities should continue to be prohibited in the SEGRI overlay district was not formally examined when the SEGRI district was established.

The drive-through prohibition is a potential impediment to the promotion of non-residential development within the 1.7-square-mile SEGRI overlay district, and is inconsistent with the first objective of the SEGRI Special Area Plan to promote both residential and non-residential development.

If the drive-through prohibition is removed from the SEGRI Special Area Plan, any proposed drive-through facilities will be subject to the requirements of Policies 1.4.4 and 1.4.5 of the Concurrency Management Element, which include a Special Use Permit review.

Public notice was published in the Gainesville Sun on Fe...