Hit the Brakes! What Do Sex, Gambling, and the Largest Retailer in the U.S. Have in Common?

Hit the Brakes!

What Do Sex, Gambling, and the Largest Retailer in the U.S. Have in Common?

Moratoriums in Alachua County

Corbin Hanson, Esq.

Jeff Hays, AICP, CPM

Missy Daniels, AICP, CPM

Moratorium Presentation Outline

Background and Legal Basis

History of Use of Moratoria in Alachua County

– Code Conflicts with Current Community Standards / Balance Constitutional Protections (Sexually Oriented Businesses)

– Novel and Potentially Unwanted Uses (Internet Cafes / Medical Marijuana)

– Latent Issues in Policy or Code (Rural Commercial/Dollar General/Mining)

– New Untested Policy or Code (Cottage Neighborhoods)

Background on Moratoriums

• Stems from the local government's authority to adopt ordinances and zoning regulations

– Florida Constitution, Florida Statutes, Charter

Zoning in Progress is the first formal step

– Provides notice of a pending change to interested parties

• Adopt a moratorium ordinance with a reasonable duration

Alleviation of hardship, potential extensions

Considerations

• Timeframe, notice, active pursuit of pending rule changes

• Showing progress if moratorium is extended, limited extension(s).

• Provide a rationale for the zoning in progress and moratorium –

What is the goal? –

What harms are you trying to address?

Sexually Oriented Businesses

• Unwanted, but protected land uses

– Different than other uses because it implicates the First Amendment – Have to be careful how to regulate and the impacts of a moratorium

– Easy to end up in litigation

• Moratorium to review standards of the time and create regulations that will affect future applications

• Adopted definitions and zoning districts for each specific type of SOB

Sexually Oriented Businesses

• In the early 2000s, Alachua County had a number of issues arise over various sexually oriented businesses and emerging business practices

• As a result, the County was left with outdated or arguably inapplicable standards to apply to uses that did not align with community standards and goals – Viewing booths regulated as "arcades"

Sexually Oriented Businesses

• Litigation comes in many forms

– Federal cases regarding infringement of First Amendment rights – Circuit Court Certiorari appeals based on the application of the wrong law (such as whether a regulation on arcades applies to a sexually oriented business)

– Time and money associated with litigation

• Attorneys and experts alike

• Uncertainty for regulations

Sexually Oriented Businesses

• How can you avoid this?

– A properly timed moratorium

• Starting with the zoning in progress to show some official action and notice the general public

• Adoption of an ordinance establishing the moratorium and the duration of the moratorium

• Use "Whereas" clauses to make findings explaining the issues to be addressed and outlining the process

• Smaller cities of Alachua County and SOBs

Internet Cafes / Medical Marijuana (Novel Uses)

• New and unique use not addressed by the Code (2012)

• Public comment and testimony that this use may have negative impacts on surrounding land uses

• Six-month moratorium

-to review, study, prepare and adopt amendments to the Comp Plan or Code, hold public hearings.

Internet Cafes

• Internet cafés defined (internet center/simulated gambling establishment)

• Included in Entertainment and Recreation use for zoning in 2012

• In 2013 the State outlawed internet cafes – removed from Code

Medical Marijuana

Moratorium prepared but not adopted for dispensaries

Medical marijuana dispensaries – zoning same as pharmacies (State law) with setbacks from schools.

Created new use in code with the one setback standard

Rural Commercial Agriculture (Latent Issues)

• Land use category created for rural properties with commercial zoning or commercial uses

• Allowed up to 10,000 square feet of commercial or office use • Mostly in very rural areas on major roads

Rural Commercial-Agriculture Future Land Use

Rural Commercial-Agriculture Future Land Use

Existing Uses

Most parcels (24 of 43) with the Rural CommercialAgriculture land use have residential uses

7 of 43 parcels are vacant

7 of 43 parcels have other uses (Ag, industrial, institutional)

2 of 43 parcels have commercial uses established

Micanopy Dollar General

Native American Preserve in Micanopy

Tuscawilla Road corridor

Photo from presentation on Bartram’s Travels thru Micanopy

Tuscawilla Rd. terminates at Micanopy National Historic District

Note: Other similar distinctions as above occur often

Rural Agriculture-Commercial Future Land Use

Moratorium put in place

To eliminate further retail development that might be out of scale

Overview of Major Changes

• Land Development Regulation Revisions to deal with Design and Compatibility

• Comprehensive Plan Revisions to limit to uses compatible with the rural area and limit scope of retail uses without Board approval.

• Adopted Scenic Road Ordinance

Overview of Major Changes

• Couldn’t stop original Dollar General

• Mitigated some impacts (architectural design guidelines)

• Eliminated risk of other similar commercial uses on other properties.

Cottage Neighborhoods (New Untested Policy or Code)

• Implemented Cottage Neighborhood Ordinance in 2018 • Specific Design for infill development • Cottages with Front Porches facing Central Green

Decoupled parking

• Allows double density of underlying land use

• Allowed vertical and horizontal attached units

One Example – Black Apple (Bentonville, AK)

Cottage Neighborhoods In Alachua County

Cottages

Changing Political Environment

Subsequent Board Actions

On September 6, 2022, The BoCC reviewed our Cottage Neighborhood Ordinance and, after discussion, directed staff to undertake the following by the end of the first quarter 2023 (3/31/23):

Review of existing cottage neighborhood language in ULDC with emphasis on analysis based on following criteria: compatibility, building size, overall neighborhood size, traffic, density as related to affordable housing, number of stories, stormwater, parking and location within platted subdivisions.

Overview of Major Changes

• No cottage neighborhoods in previously platted subdivisions; • Minimum size for overall development now 2 acres (up from one);

House size limited to no more than 1,400 square feet;

Cottages shall be individual dwelling units only (not multifamily)

Retained the most important characteristics (density bonus)

Questions

Corbin Hanson, Esq.

chanson@alachuacounty.us

Jeff Hays, AICP, CPM

jhays@alachuacounty.us

Missy Daniels, AICP, CPM

mdaniels@alachuacounty.us