title
COMPREHENSIVE PLAN AMENDMENT - BUTLER DEVELOPMENT (B)
Ordinance No. 121107; Petition No. PB-12-148 CPA
An ordinance of the City of Gainesville, Florida, amending Policy 4.3.6 of the Future Land Use Element of the City of Gainesville Comprehensive Plan relating to the Butler Development Planned Use District (PUD) that is generally located north of Archer Road, west of SW 34th Street, east of I-75, and south of SW 24th Avenue; amending the Future Land Use Map Series in the Future Land Use Element of the Comprehensive Plan by deleting and replacing two maps depicting the Butler Development PUD and the underlying land use categories for the properties within the Butler Development PUD; providing directions to the City Manager; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission: (1) receive letters of "no comment" from Florida Department of Economic Opportunity, North Central Florida Regional Planning Council, St. Johns Water Management District, Florida Department of Environmental Protection, and Florida Department of Education; and (2) adopt the proposed ordinance.
explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT REPORT
Update since first hearing: On September 19, 2013, the City Commission approved this ordinance on first reading. City staff then transmitted this ordinance to the state reviewing agencies in accordance with the statutory expedited review process for comprehensive plan amendments. During the 30-day comment period, the City received letters of "no comment" from Florida Department of Economic Opportunity, North Central Florida Regional Planning Council, St. Johns Water Management District, Florida Department of Environmental Protection, and Florida Department of Education. In addition, on August 15, 2013, the City Commission adopted Evaluation and Appraisal Comprehensive Plan Amendment Ordinance No. 120370, which, among other things, amended Policy 4.3.6 of the Future Land Use Element which is also the subject of this ordinance. Revisions to this ordinance have been made to reflect the amendments adopted by Ordinance No. 120370 and are shown as double underline or double strike-through. For ease of reference, these revisions may be found on page 3 and pages 21-22 of this ordinance.
This ordinance amends Policy 4.3.6 of the Future Land Use Element in the Comprehensive Plan relating to the Butler Development Planned Use District (PUD). The Butler Development PUD consists of approximately 267 acres and is generally located north of Archer Road, west of SW 34th Street, east of I-75, and south of SW 24th Avenue. This ordinance also amends two Butler Development maps in the Future Land Use Map Series that depict the underlying land use for the properties within the Butler Development PUD and illustrate the boundaries of the PUD Future Land Use Overlay. These maps are being revised for clarity and will also now include the 6 small parcels that received overlay PUD land use designation by Ordinance No. 121106.
According to the petitioner, the purpose of this ordinance is to create a more practicable plan for infrastructure, allow for relocation of the Town Center, and provide flexibility in implementation. The proposed changes to Policy 4.3.6 do not include any changes to the allowable land uses or the intensity that is currently allowable within the PUD. For example, there are no changes to the: allowable square footage of commercial/retail/office space, number of allowable hotel/motel rooms, and total number of allowable residential units. The Butler Development program also continues to be limited to the maximum trip generation already established in Policy 4.3.6 (37,591 average daily trips including existing development).
Public notice was published in the Gainesville Sun on January 31, 2013. The Plan Board discussed the petition at a public hearing on February 19, 2013, and recommended approval with a vote of 4-2. After public notice was published in the Gainesville Sun, the City Commission held a public hearing on May 29, 2013, and approved the petition with revisions by a vote of 6-1.
CITY ATTORNEY MEMORANDUM
Section 163.3184, Florida Statutes, sets forth the procedure for amending the Comprehensive Plan. The first hearing is the transmittal stage and must be advertised at least seven (7) days prior to the hearing. The second hearing is the adoption stage and must be advertised at least five (5) days prior to the hearing. Within ten (10) working days after the first hearing, the City must transmit the amendment to the reviewing agencies and to any other local government or state agency that has filed a written request for same. These agencies have 30 days after receipt of the amendment to forward comments to the City. The City must consider any written comments received during the second hearing. If adopted on second reading, the City will forward the amendment within ten (10) working days to the state land planning agency and any party that submitted written comments.
Within 30 days following the City's adoption of this amendment, any affected person may file a petition with the State Division of Administrative Hearings to request a hearing to challenge the compliance of this amendment with Chapter 163, Florida Statutes. If not timely challenged, this amendment shall become effective 31 days after the state land planning agency notifies the City that the amendment package is complete. If timely challenged, this amendment shall not become effective until the state land planning agency or the Administration Commission issues a final order determining that this amendment is in compliance with Chapter 163, Florida Statutes. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before this amendment has become effective.