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PLANNED USE DEVELOPMENT - HATCHET CREEK TIME EXTENSION (B)
Ordinance No. 100776; Petition No. PB-10-109 CPA
An ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan Future Land Use Element Policy 4.3.5 for the Hatchet Creek Planned Use District; by deleting policy 4.3.5.f in its entirety; providing directions to the city manager; providing time limitations for PD zoning; providing a severability clause; providing a repealing 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.
explanation
This is a request to extend the timeframe for which a Planned Development (PD) zoning ordinance must be adopted to implement the Hatchet Creek PUD. Applicant, East Gainesville Partners ("EGDP"), is requesting that the timeframe be extended to June 30, 2015.
On December 17, 2009 the City adopted Ordinance No. 070210 that regulates the land use of the Hatchet Creek Planned Use Development ("PUD") and certain sections of that Ordinance became Policy 4.3.5 in the Future Land Use Element of the City's 2000-2010 Comprehensive Plan. Policy 4.3.5.f states, "A PD (planned development) zoning ordinance consistent with the PUD must be adopted by the City Commission within 18 months of the effective date of the land use change. The obligation to apply for and obtain PD zoning shall be on the owner/developer. If the aforesaid zoning ordinance is not adopted within the 18-month period, then the overlay PUD shall automatically be null and void and of no further force and effect and the overlay shall ministerially be removed from the Future Land Use Map, leaving the original and underlying land use categories in place. The timely filing of an extension application by the owner/developer to extend the aforesaid 18-month period shall toll the expiration date until final City Commission action on the extension application."
The applicant timely filed for an extension on March 17, 2010, and based on comments from city staff filed an amended application on December 14, 2010. The applicant states that the purpose of the extension is to "allow the property owner and the City to explore a real property exchange in which a portion of the EGDP's property would be conveyed to the City so it could expand the driving range and putting practice area at the Ironwood Golf Course and resolve existing incursions by the city onto EGDP property in exchange for City property that EGDP could use for residential development as part of its Hatchet Creek PD project." (Also, see City Manager's Memo dated June 30, 2011, in the backup.)
The extension is being processed by deleting policy 4.3.5.f from the Future Land Use Element of the City's 2000-2010 Comprehensive Plan and placing the extension language in the body of the ordinance. This will allow for future time extensions, if any, to be considered by ordinance without the necessity of amending the Comprehensive Plan.
After public notice was published in the Gainesville Sun on February 8, 2011, the City Plan Board held a public hearing on February 24, 2011 and, by a vote of 7-0, recommended the City Commission approve the petition.
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 6 of the ordinance (the effective date section) to conform to the new law.