title
LAND USE CHANGE -PLANNED USE DISTRICT SW 52nd STREET (B)
Ordinance No. 100231, Petition No. PB-09-115 LUC
An ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan, Future Land Use Map; by overlaying the "Planned Use District" category over certain property, as more specifically described in this ordinance, with the underlying future land use category of "Recreation"; located in the vicinity of 1420, 1424, 1428 and 1432 Southwest 52nd Street; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
STAFF REPORT
The applicant is requesting that the PUD (Planned Use District) land use category be applied to 5.07 (MOL) acres of land. This request constitutes a small-scale amendment to the City's 2000-2010 Future Land Use Map under Florida Statutes, Chapter 163, Section 163.3187 (1) (c). The purpose of the request is to create a neighborhood-scale, mixed-use development that serves the surrounding area.
The subject property is primarily surrounded by land with an RM (Residential Medium-Density: 8-30 units per acre) land use category. This land use category allows single-family and multi-family residential development at densities from 8 to 30 dwelling units per acre. A multi-family residential PD is located directly north across Southwest 20th Avenue. Multi-family residential development is also located to the east across Southwest 52nd Street. City-owned land is located on the north side of Southwest 20th Avenue, just east of I-75. This land has a PF (Public Facilities) land use category and is used for utility purposes.
The proposed PUD allows a maximum of 10 residential units (maximum 2 bedrooms per unit); a maximum of 20,000 square feet for office use; a maximum of 20,000 square feet for retail/commercial use; and a maximum of 5,000 square feet for a stand-alone bank with one drive-through lane. No one non-residential use is allowed to have less than 500 square feet, or more than 10,000 square feet, of building area, gross floor area or floor area.
The permitted principal and accessory uses of the PUD are the uses allowed in the MUL (Mixed-Use Low Intensity: 8-30 units per acre) land use category, as described in Policy 4.1.1 of the Future Land Use Element. Outdoor storage, drive-through facilities (other than a stand-alone bank with one drive-through lane), limited automotive services, fuel dealers, gasoline sales, and other uses, as described in Section 30-64. Mixed use low intensity district (MU-1) (g) "Permitted uses" of the Land Development Code are prohibited.
At least 25 percent of the overall acreage of the subject property will be preserved in open space to protect significant plant species. Open space will also be provided as landscape buffers, stormwater management facilities, and outdoor activity areas.
The PUD provides for pedestrian, bike, and vehicle parking facilities (surface and structured). A portion of the subject property, running parallel to the north property line, will be dedicated for the widening of the Southwest 20th Avenue overpass of I-75. Property will also be conveyed along the east property line for the future extension of Southwest 62nd Boulevard.
Key issues affecting the development of the subject property include a Progress Energy easement that extends along the full length of the north property line. Written authorization for use of this and other existing and proposed easements on the subject property from any affected easement holder(s) is required prior to the final adoption of any rezoning ordinance on the subject property. Prior to the adoption of the associated rezoning ordinance on the subject property, the applicant must also demonstrate full compliance with the level-of-service standards within the elements of the 2000-2010 Comprehensive Plan.
At the City Plan Board, July 22, 2010 public hearing, the applicant requested a modification to Condition 7 of the staff report. At the direction of the City Plan Board, staff modified Condition 7 to ensure consistency with the City's Concurrency Management requirements as by allowing the trips generated by the stand-alone bank to be exchanged/substituted for a maximum of 2,500 square feet of general (non-medical) office use, or a maximum of 1,750 square feet of retail/commercial use that is not an eating place.
The City Plan Board considered Petition PB-09-115 LUC at a public hearing held July 22, 2010. By a vote of 4 - 0, the City Plan Board approved the petition with staff conditions, and a modification to Condition 7.
Public notice was published in the Gainesville Sun on July 6, 2010.
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.