title
LAND USE CHANGE - MALLORY SQUARE (B)
Ordinance No. 0-07-112, Petition No. 73LUC-06PB
An ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan, Future Land Use Map; by changing the land use category of certain property, as more specifically described in this ordinance, from "Residential Medium-Density (8-30 units per acre)" to "Mixed-Use Low-Intensity (8-30 units per acre)"; located in the vicinity of 3600 block, east side of Southwest 34th Street; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
COMMUNITY DEVELOPMENT STAFF REPORT
This petition is a small-scale land use amendment to change the Future Land Use category from Residential Medium-Density (8-30 units per acre) to Mixed-Use Low-Intensity (8-30 units per acre) for two vacant parcels in the southwest portion of the city (see Map 1). The parcels are approximately 8.35 acres in size. The subject properties are located on the east side of SW 34th Street, just north of SW 37th Boulevard, and they are within the Idylwild/Serenola Special Area.
The purpose of the proposed land use is to enable the applicant to construct a mixed use facility that provides a transitional use between SW 34th Street and the existing residential neighborhoods and for neighborhood scaled nonresidential uses. Project design will be sensitive to the environmental amenities on site. The applicant proposes a total of 122 residential units in the associated PD rezoning.
The housing in this area is predominantly student-oriented due to the proximity to the University of Florida campus and Shands Hospital (Medical Center). Most units within this area are either apartment complexes or condominiums. There is no single-family land use designated near these parcels.
This petition is submitted concurrently with a Planned Development (PD) rezoning application (see Petition 74PDV-07PB) that proposes a mixed-use development containing multi-family residential and non-residential uses on the property. The existing zoning on these parcels is RMF-8 (Multiple-family medium density residential, 8-30 du/acre).
Parcels to the north and west of this property have the Commercial land use designation and are already developed, and one parcel is in the Residential Medium Density (RM) category. To the south and east, the parcels are in the Residential Medium Density land use category and are developed as multi-family complexes. The property is also located near the Archer Road activity center area, which supplies both shopping and employment opportunities. Significant redevelopment and infill development activities are occurring in proximity to the subject parcels.
SW 34th Street, which abuts the parcels, is a major 6-lane arterial also known as State Road 121. There are sidewalks on both sides of the street, and two transit routes service this area (Routes 12 and 35). The property is located in Zone C of the City's Transportation Concurrency Exception Area (TCEA) and when development occurs on the parcels, the developer will be required to mitigate the impact of the associated trips by meeting Concurrency Management Element Policy 1.1.5 and 1.1.7 standards.
The proposed land use change would create a live/work/shop type of environment for the development associated with the PD rezoning. The two subject parcels also connect internally via a driveway system with Homestead Apartments containing 252 units. Immediately south of the site, Aspen Ridge Apartments contains 120 units. All of these residents will be able to walk or bicycle to the proposed non-residential portion of the development. The requested Mixed Use Low Intensity land use will permit residential densities with a maximum of 30 residential units/acre, which is similar to the existing surrounding multi-family development. The Mixed Use land use will also allow non-residential uses such as commercial and office.
The Plan Board discussed the petition and recommended that the requested land use change be approved.
Public notice was published in the Gainesville Sun on October 3, 2007. The Plan Board held a public hearing on October 18, 2007.
CITY ATTORNEY MEMORANDUM
The proposed amendment to the Comprehensive Plan is treated as a small scale development activity. After the City Commission adopts the ordinance, it will be filed with the State Land Planning Agency. The state land planning agency does not review or issue a notice of intent for small scale development amendments. Any affected person may file a petition with the State Division of Administrative Hearings to request a hearing to challenge the compliance of a small scale development amendment within 30 days following the City's adoption of the amendment.
Small scale development amendments do not become effective until 31 days after adoption. If challenged within 30 days after adoption, small scale development amendments shall not become effective until the state land planning agency or the Administration Commission issues a final order that the adopted small scale development amendment is in compliance.