On November 5, 2019, City Council adopted Ordinance No. 2019-2155 which granted a conditional use permit for the operation of scooter and single-wheel vehicle sales and rentals at 5780 Main Street to eCarve LLC. The applicant has expressed interest in moving his business to a new location at 5707 Main Street and has therefore submitted a new application seeking another conditional use permit.
On December 5, 2019 the City’s Development Review Committee (DRC) held a duly noticed public meeting on this conditional use application and recommended the Council deny the application because the DRC found the application was inconsistent with LDC Section 7.11.02.1 for the following reasons:
1. The proposed use is incompatible with the district’s pedestrian-oriented character because the vehicular related uses are proposed to operate within the public sidewalks and due to the narrow width of the public sidewalks, the location of sidewalk cafes, and heavy pedestrian traffic, the vehicular related uses will create a potentially dangerous conflict with pedestrian traffic; and
2. The proposed vehicular related use is not compatible with other uses allowable by right (i.e., permitted uses) in the district. LDC Section7.11.01 on permitted uses does not allow any vehicular related uses and LDR Section 7.11.02 on prohibited uses expressly excludes vehicular related uses, such as drive-in restaurants; motor vehicles sales, storage, and repair; and motor vehicle sales, storage or repair; and
3. Based on the totality of the circumstances, non-conformance with these two factors outweighs any potential contribution the vehicular related use may have in the revitalization of the Downtown district.
Should City Council wish to move forward with granting this new application, an agenda item to repeal Ordinance No. 2019-2155 in its entirety will be presented to you for first reading at you January 21, 2020 regular meeting.