title
LAND USE CHANGE - VICINITY OF SW 34 STREET AND SW ARCHER ROAD (B)
Ordinance No. 100859, Petition No. PB-10-135LUC-B
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 in this ordinance, from the Alachua County land use categories of "Commercial", and "High Density Residential (14-24 DU/acre)", to the City of Gainesville land use categories of "Commercial", "Education", and "Residential Low-Density (up to 12 units per acre)"; generally located West of SW 34th Street, North of SW Archer Rd., East of SW 42nd Street, and South of SW 14th Place, as more specifically shown and described in this ordinance; providing directions to the City Manager; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
STAFF REPORT
This petition is a small-scale land use amendment to change Future Land Use categories from Alachua County to City of Gainesville designations. It covers approximately 7.9 acres of southwest Gainesville in the vicinity of SW 20th Avenue, SW Archer Road, and SW 34th Street.
Proposed land use categories were selected to reflect existing conditions and to be compatible with surrounding uses: the Commercial land use category for the parcels along SW 34th Street and SW Archer Road; and the Residential Low Density, and Education land use categories, as appropriate, for two small parcels in the northern portion of 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, (the subject of this ordinance), 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 amendment is now PB-10-135LUC-B and Ordinance 100859. This amendment consists of 12 parcels totaling 7.9 acres. These parcels are mapped in Exhibits A and B of this ordinance.
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.