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LAND USE CHANGE - VICINITY OF SW 34TH STREET AND SW 20TH AVENUE (B)
Ordinance/Legistar No. 100698; Petition No. PB-10-137 LUC
An ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan, Future Land Use Map; by changing the land use categories of certain property, as more specifically described in this ordinance, from the Alachua County land use categories of "Low Density Residential (1-4 DU/acre)", "Medium Density Residential (4-8 DU/acre)", "Medium High Density Residential (8-14 DU/acre)", "High Density Residential (14-24 DU/acre)", "Commercial" and "Institutional" to the City of Gainesville land use categories of "Urban Mixed-Use 2 (UMU-2: up to 100 units per acre)", "Conservation (CON)" and "Public Facilities (PF)"; consisting of approximately 396 acres located generally east of Interstate 75, west of Southwest 34th Street and north and south of Southwest 20th Avenue; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission (1) receive and consider the letters from the Florida Department of Community Affairs, the Florida Department of Transportation and the Florida Department of State; (2) adopt the ordinance, as revised, to add new language to be consistent with the Chapter Law 2011-139 and to remove two parcels that were given the incorrect land use designation on first reading.
explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT
On May 5, 2011, the City Commission approved this ordinance by a vote of 7-0 and transmitted this ordinance as part of the Amendment No. 11-1 package to the Department of Community Affairs.
In accordance with the new growth management statutory law (House Bill 7207, now Chapter Law 2011-139) effective June 2, 2011, the Department of Community Affairs issued a letter dated June 6, 2011 stating it identified no comments related to important state resources and facilities that will be adversely impacted if this ordinance is adopted. The Florida Department of Transportation (FDOT) issued a letter dated June 15, 2011, the letter contains comments related to this ordinance that are addressed as follows: city Planning staff has discussed the long-term redevelopment nature of this land use amendment with FDOT so that they have a better understanding of the anticipated gradual increase in trips from this land use action. FDOT staff did not realize there was a companion Policy 4.3.7 text change to the Future Land Use Element (Ordinance 100697) that provides for some of the innovative transportation solutions they wanted to discuss with the City. In addition, City Planning staff has agreed to meet with FDOT to discuss, as they stated in their letter, "an innovative and holistic transportation solution for the region" as redevelopment in the area occurs. The Florida Department of State, Division of Historical Resources, issued a letter dated June 14, 2011, the letter contains comments related to this ordinance that are addressed as follows: the City's Historic Preservation Planner spoke with State Historical Resources staff and explained that this Land Use Changes will not cause or result in the disturbance of land or adverse impacts on historic or archeological resources.
In addition, in the period following first reading and transmittal, City staff met with County staff concerning the Urban Village area because of County staff knowledge of the area. Alachua County owns several parcels in the Urban Village. During meetings, City staff learned from County staff that two of the parcels owned by Alachua County were given incorrect future land use category designations of Public Facilities (PF) on first reading. The first parcel is located on the northwest corner of SW 34th Street and SW 24th Avenue. This property is an existing, unoccupied commercial dry cleaning establishment that was acquired by the County as part of the right-of-way for construction of SW 24th Avenue. The County wishes to market the remainder of this parcel as commercial property for redevelopment, which would not be possible with the PF land use category. As a result, it should be given the Urban Mixed Use 2 future land use category designation for consistency with the other properties in the Urban Village. The second parcel contains Forest Park and a County fire station at the southwest corner of SW 43rd Street and SW 20th Avenue. Forest Park is an active recreation facility and should be designated with a Recreation future land use category. The portion of the parcel that contains the fire station should be designated Public Facilities. Alachua County staff agrees that these parcels should be removed from this ordinance and those two parcels will be processed as a separate petition in order to correct the inadvertent errors.
This ordinance is a large-scale land use amendment to change Future Land Use categories from Alachua County to City of Gainesville designations. It covers approximately 396 acres of southwest Gainesville in the area of SW 20th Avenue and SW 24th Avenue, west of SW 34th Street. Staff proposes the Urban Mixed-Use 2 land use category for a majority of this area in order to implement the Urban Village land use scenario approved by the Metropolitan Transportation Planning Organization (MTPO). The remaining area is proposed for the Conservation and Public Facilities land use categories, as appropriate. Proposed land use categories were selected to: reflect existing conditions, be compatible with surrounding uses, and implement the redevelopment vision for this area as Gainesville's Urban Village by increasing densities and allowing a broad mix of uses.
Related to this land use amendment, staff has prepared a new map of the Urban Village to be added to the Future Land Use Element map series (Ordinance No. 100696) and a comprehensive plan amendment (Ordinance No. 100697) that adds a new policy to the Future Land Use Element regulating development and redevelopment in the Urban Village.
After public notice was published in the Gainesville Sun on January 11, 2011, the City Plan Board held a public hearing on February 2, 2011 (continued from January 27, 2011) and, by a vote of 7-0, recommended the City Commission approve the petition. On March 3, 2011, the City Commission approved the petition by a vote of 7-0.
After the petition hearings, Planning staff discovered that a parcel located at 4010 SW 24th Avenue and owned by East Newport Baptist Church had been inadvertently proposed for Public Facilities land use. Planning staff had intended for this parcel to receive Urban Mixed-Use 2 land use. The petition error was corrected prior to the transmittal/first reading of this Ordinance and notice of same was mailed to the property owner, as well as property owners within 400 feet of the East Newport Baptist Church parcel.
CITY ATTORNEY MEMORANDUM
Florida Statutes set forth the procedure for adoption of an amendment to the Comprehensive Plan. The second hearing will be held at the adoption stage of the ordinance and must be held at least five (5) days after the day that the second advertisement is published.
In accordance with the new state growth management law (HB7207, now Chapter Law 2011-139) if the City fails to hold the second reading within 180 days of the receipt of agency comments, the amendment shall be deemed withdrawn.
This ordinance, if adopted on second reading will be transmitted to the state land planning agency and other agencies that provided comments to the City. The Plan amendment, if not timely challenged, shall be effective 31 days after the state land planning agency notifies the City that the plan amendment package is complete. If the Plan amendment is challenged, the amendment will become effective on the date the state land planning agency or the Administration Commission (Governor and Cabinet) enters a final order determining this adopted amendment is in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before this plan amendment has become effective. Since the first reading of this ordinance occurred prior to June 2, 2011, it is necessary to revise Section 7 of the ordinance (the effective date section) to conform to the new state law.