title
LAND USE CHANGE - LAND USE CHANGE - VICINITY OF WEST OF SW 34TH STREET AND NORTH OF SW ARCHER RD (B)
Ordinance No.100679; Petition No.PB-10-135 LUC-A
An Ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan Future Land Use Map; by changing the land use categories of certain properties annexed into the City, as more specifically described as follows: Area 1: from the Alachua County land use categories of "Low Density Residential (1-4 DU/acre)", "Medium Density Residential (4-8 DU/acre)", "High Density Residential (14-24 DU/acre)", and "Institutional" to the City of Gainesville land use categories of "Conservation" and "Public Facilities"; Area 2: from the Alachua County land use category of "Low Density Residential (1-4 DU/acre)" to the City of Gainesville land use category of "Conservation" ; Area 3: from the Alachua County land use categories of "Low Density Residential (1-4 DU/acre)", "Medium High Density Residential (8-14 DU/acre)", and "Industrial/Manufacturing", to the City of Gainesville land use categories of "Residential Low-Density (up to 12 units per acre)", "Residential Medium-Density (8-30 units per acre)", "Public Facilities" and "Business Industrial"; Area 4: from the Alachua County land use categories of "Industrial/Manufacturing", "Office/Residential", "Commercial" and "Tourist/Entertainment" to the City of Gainesville land use categories of "Business Industrial" and "Commercial"; located generally South of SW 7th Avenue, East of I-75, West of SW 34th Street and North of SW Archer Road, as more specifically shown and described in this ordinance; providing directions to the City Manager and the codifier; providing a severability clause; and providing an effective date.
recommendation
The City Commission (1) receive the report of the Department of Community Affairs; and (2) adopt the proposed ordinance as revised.
explanation
STAFF REPORT
This petition is a large-scale land use amendment to change Future Land Use categories from Alachua County to City of Gainesville designations. It covers approximately 277 acres of southwest Gainesville in the vicinity of SW 20th Avenue, SW Archer Road, and SW 34th Street.
The Commercial land use category was selected to reflect existing conditions and to be compatible with surrounding uses: the Conservation land use category for the northern portion of the subject area, which includes Hogtown Creek, wetlands, and the ten-year flood channel; the Business Industrial land use category for the lands adjacent to the interstate along the southern portion of SW 43rd Street; the Commercial land use category for the parcel along SW Archer Road; and the Residential Low Density, Residential Medium-Density, and Public Facilities land use categories, as appropriate, for several small parcels in the annexation area.
The original "Southwest Annexation" petitions (PZ-09-145LUC and PZ-09-146ZON) were presented to the Plan Board on December 7, 2009 and to the City Commission on January 21, 2010. The City Commission voted to continue the petitions to allow further exploration of implementation options for the Urban Village portion of the petition. Per the requirements of sec. 30-347.8 of the Land Development Code, "If a petition or recommendation for a change or amendment is not acted upon finally by the city commission within six months of the date upon which the report of the city plan board is filed with the city commission, the petition shall be deemed denied without prejudice. However, no petition shall be deemed denied if the city commission has continued its consideration to a date certain, or has stayed action on the petition by enactment of a moratorium ordinance." Since no action was taken during the 6-month time limit, the original land use petition (PZ-09-145LUC) and associated rezoning petition (PZ-09-146ZON) have been deemed denied without prejudice.
Given the opportunity to reintroduce this item, Planning staff chose to address the parcels that comprise the Urban Village as a separate petition, which is now PB-10-137LUC. Petition PB-10-135LUC represents only parcels located outside the Urban Village. The attached staff report reflects all of the Plan Board's recommended changes.
Public notice was published in the Gainesville Sun on January 11, 2011. The Plan Board held a public hearing on January 27, 2011.
The petition requesting a large-scale land use amendment to the City of Gainesville 2000-2010 Comprehensive Plan Future Land Use Map, commonly referred to as the Southwest Annexation land use amendment (Petition PB-10-135LUC), was approved by the City Commission at a public hearing on March 3, 2011.
During preparation of the ordinance to adopt this land use change, it was determined by the City Attorney's office that the areas of contiguous parcels could be adopted as a large-scale amendment, but the smaller areas of non-contiguous parcels, each totaling less than ten contiguous acres, should be separated into a small-scale land use amendment. The total number of parcels and overall acreage of the request remains the same; however, the Southwest Annexation will be implemented through two ordinances. The small-scale land use amendment is now PB-10-135LUC-B and Ordinance No. 100859.
The large-scale amendment is now PB-10-135LUC-A and Ordinance No. 100679, which reflects the parcels mapped in Exhibits A through H of this ordinance.
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 advertised approximately five (5) days after the day that the second advertisement is published.
In accordance with the new growth management statutory law (House Bill 7207, now Chapter Law 2011-139) effective June 2, 2011, the state land planning agency 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 comprehensive plan amendment is adopted. A copy of their letter is attached to this memorandum. No other reviewing agencies provided comments.
This ordinance, if adopted on second reading, will be sent to the state land planning agency, and 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 8 of the ordinance (the effective date section) to conform to the new law.