DRAFT        8/23/2011

ORDINANCE NO. 100889

An ordinance of the City of Gainesville, Florida, relating to food distribution centers for the needy and residences for destitute people; amending Section 30-111 of the Land Development Code by changing the limitation on the number of meals served to an unlimited number within a 3 consecutive hour period at food distribution centers for the needy; providing certain conditions for obtaining a special use permit; providing certain operating conditions for such centers including when operated in conjunction with a residence for destitute persons; providing for the continued operation of an existing food distribution center for the needy; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

        WHEREAS, publication of notice of a public hearing was given of a petition to amend the text of the Land Development Code of the City of Gainesville, Florida, to change the limit on the number of meals served at food distribution centers for the needy, as more specifically described in this Ordinance; and

        WHEREAS, notice was given and publication made as required by law and a public hearing was held by the City Plan Board on March 31, 2011; and

        WHEREAS, notice was given and publication made as required by law and a public hearing was then held by the City Commission on August 18, 2011; and

        WHEREAS,         pursuant to law, an advertisement no less than two columns wide by 10 inches long was placed in a newspaper of general circulation notifying the public of the public hearing to be held in the City Commission Meeting Room, First Floor, City Hall, in the City of Gainesville at least seven (7) days after the day the first advertisement was published; and

WHEREAS, a second advertisement no less than two columns wide by 10 inches long was placed in the aforesaid newspaper notifying the public of the second public hearing to be held at the adoption stage at least five (5) days after the day the second advertisement was published; and

        WHEREAS, the public hearings were held pursuant to the published notices described at which hearings the parties in interest and all others had an opportunity to be and were, in fact, heard;

        WHEREAS, the City Commission finds that the text change is consistent with the City of Gainesville 2000-2010 Comprehensive Plan; and

        NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF GAINESVILLE, FLORIDA:

        Section 1.  Section 30-111 of the Land Development Code of the City of Gainesville, is hereby amended as follows:

Sec. 30-111.  Food distribution centers for the needy.

Except as provided as an accessory use to places of religious assembly, food distribution centers for the needy shall be regulated as follows:

(1)        Limit on number of mMeals served.  All meals served shall be limited to a consecutive 3-hour period within a 24 hour day between the hours of 8:30 AM and 7:00 PM.  This limitation does not apply to meals served to the residents and staff of a facility that is jointly licensed and operated as a residence for destitute people and a food distribution center for the needy.  The total number of meals served in any 24-hour period shall not exceed 130. Such number shall not include meals served to persons admitted to a residence for destitute persons when located in conjunction with a food distribution center for the needy. Notwithstanding the foregoing limitation, the city manager or designee may issue a special event permit to allow the total number of meals served to exceed 130 on the calendar days that Thanksgiving Day and Christmas Day are observed under federal law and on one additional day as chosen by the food distribution center for the needy. The city manager or designee may issue the special event permit upon finding that the following conditions and requirements are met: 

a.  A complete application is filed on forms provided by the city at least ten city business days prior to the event; and

b.  The event shall be held at the permanent location of the food distribution center for the needy. If the food distribution center for the needy is located in a multiple occupancy development and shares the area to be used for the event with other occupants, the food distribution center for the needy must provide written consent from the owner of the development and from the occupants that share the space to be used for the event; and

c.  All permit applications shall include a report detailing the hours of the event, the number of people that are expected to attend the event, the indoor seating capacity of the food distribution center for the needy, the capacity and description of any proposed temporary outdoor structures or seating, a description of outdoor entertainment or speakers, a plan for the storage and disposal of solid waste during and after the event, and a public safety plan detailing how the food distribution for the needy will maintain crowd control and public safety, and comply with the city's noise ordinance; and

 

d.  Permit applications shall be reviewed by the appropriate departments of the city to address issues concerning the public health, safety and general welfare. In addition to normal concerns of each such department, particular attention will be given to maintaining safe traffic flow and control, automobile and pedestrian safety, and any significant adverse effects that the event will have on abutting property, particularly where the abutting property is residential.

e.  The permit may be approved, approved with conditions or denied by the city manager or designee based on the foregoing conditions and requirements.

(2)        Distance requirements.  The distance between any food distribution center for the needy and any other food distribution center for the needy or residence for destitute people, or facility combining both uses, shall be 2,000 feet. The distance between any food distribution center for the needy and any social service home, halfway house or rehabilitation center shall be 1,320 feet. All distance measurements shall be from the nearest property line of any existing facility to the nearest property line of the proposed facility. However, there shall be no food distribution center for the needy located in the area described in Appendix D located at the end of this chapter, and as shown on the map maintained in the department of community development.  

(3)        Saturation.  No more than two food distribution centers for the needy or residences for destitute people may be located within a two-mile radius.

(4)        Signage.  Food distribution centers for the needy shall be limited to two wall-mounted, nonilluminated signs displaying the name of the facility, hours of operation and other functional information and directions. No more than one sign shall be displayed on any building face, nor shall the combined sign area for two signs exceed 30 square feet.

(5)        Bufferstrip.  A food distribution center for the needy shall provide a buffer equal to that of a commercial use, in accordance with article VIII of this chapter, when adjacent to any property designated for residential use on the Future Land Use Map.

(6)        Management program.  Any applicant for a special use permit shall file with the city manager a management program addressing hours of operation, personnel, client code of conduct, location of on-site waiting areas, management of solid waste and litter, and lighting, and identification of a responsible person, as more specifically provided below. The name, address and telephone number of the person responsible for the facility shall be kept up to date, and submitted with the management program.

 

a. Hours of operation:  The application for a special use permit must provide the hours of operations clearly indicating the three hour timeframe for meal service.  The meal service may only occur between the hours of 8:30 AM and 7:00 PM.  The hours shall be posted and clearly visible to the public.

b. Personnel:  The application shall indicate the minimum number of staff persons, including volunteers, that will be supervising the meal service and the clients during the three hour timeframe. The applicant must demonstrate to the board by clear and convincing evidence that the supervision will be adequate for providing the service and crowd control.

c. Client code of conduct:  A written client code of conduct shall accompany the application, including the following information at a minimum:  the procedure for suspending meal service to persons who violate the code of conduct, including the number of violations, and the requirement for all persons to sign and consent to the code as a condition for receiving service.  The enforcement of the code of conduct shall be the sole responsibility of the owner/operator.

d. On-site waiting areas:  The application for a special use permit must include a diagram of the facility's onsite waiting area(s). Waiting area(s) shall be on the premise where the meal service is being provided. The owner/operator must ensure that persons receiving service do not block public access to sidewalks, right-of-way and private property, and that emergency access points are clearly identified and maintained. The applicant must demonstrate to the board by clear and convincing evidence that adequate space is available to accommodate the expected number of persons who will be served meals.

e. Management of solid waste and litter:  The application shall include a plan for controlling solid waste and litter on-site and off-site in the vicinity of the center. The application shall include information about whether carry-out meals or bag lunches will be provided. When carryout meals or bag lunches are provided the application must include a plan of personnel or staff that will provide litter clean-up within a quarter-mile radius of the center on the same day that the meals are served.

f. Lighting:  Facilities with night hours shall include with the application a plan for security lighting that complies with the lighting standards of the land development code.

g. Responsible person:  The application shall include the name, address and telephone number of the person responsible for the center. The contact person must have the authority to make corrective action when necessary. It shall be the responsibility of the owner/operator to keep the contact person's information up-to-date with the city manager or designee.

        

(7)        Renewal of special use permit. The owner of real property holding a special use permit for the operation of a food distribution center for the needy shall renew such permit in a hearing before the plan board at a regularly scheduled hearing not more than five years from the date of issue. The plan board at such renewal hearing shall ascertain that the facility has been operating in substantial compliance with the above conditions.

(8)        Combined facility.  A special use permit may be issued for a facility functioning as both a food distribution center for the needy and a residence for destitute people. All requirements for both facilities shall be met.

        Section 2.  An existing food distribution center for the needy operating under a valid special use permit may continue to operate under the terms and conditions of said permit until either the expiration of said permit or a new special use permit is issued in accordance with this ordinance.

        Section 3.  It is the intention of the City Commission that the provisions of Section 1 of this ordinance shall become and be made a part of the Code of Ordinances of the City of Gainesville, Florida, and that the Sections and Paragraphs of this Ordinance may be renumbered or relettered in order to accomplish such intentions.

Section 4.  If any word, phrase, clause, paragraph, section or provision of this ordinance or the application hereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of the ordinance which can be given effect without the invalid or unconstitutional provisions or application, and to this end the provisions of this ordinance are declared severable.

Section 5.  All ordinances or parts of ordinances, in conflict herewith are to the extent of such conflict hereby repealed.


Section 6.  This ordinance shall become effective immediately upon final adoption.

PASSED AND ADOPTED this _____ day of ______________, 2011.

                                                        ____________________________

                                                        CRAIG LOWE

                                                        MAYOR

ATTEST:                                                Approved as to form and legality

___________________________                        ________________________

KURT M. LANNON                                        MARION J. RADSON

CLERK OF THE COMMISSION                        CITY ATTORNEY

This Ordinance passed on first reading this ____ day of ___________________, 2011.

This Ordinance passed on second reading this ____ day of _________________, 2011.

Page  of

Petition No. PB-11-26 TCH

CODE: Words stricken are deletions; words underlined are additions.