title
LEGACY FOUNTAINS PLANNED DEVELOPMENT - SW 52ND STREET (B)
Ordinance No. 100327, Petition No. PB-09-116PDV
An Ordinance of the City of Gainesville, Florida; rezoning certain lands within the City, as more specifically described in this ordinance, and amending the Zoning Map Atlas from "PS: Public services and operations district" to "Planned Development District"; located in the vicinity of 1420, 1424, 1428, 1432 Southwest 52nd Street; commonly known as "Legacy Fountains, LLC" Planned Development; adopting a development plan report and development plan maps; providing conditions and restrictions; providing for enforcement; providing a severability clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance as amended.
explanation
PLANNING AND DEVELOPMENT SERVICES STAFF REPORT
This is a request to rezone 5.07 (MOL) acres of land from PS (Public service and operations district) to PD (Planned development district) to allow a neighborhood-scale, mixed-use development. The City of Gainesville adopted an associated small-scale land use amendment (Petition No. PB-09-115 LUC) that changed the previous REC (Recreation) land use category to PUD (Planned Use District) at a City Commission public hearing held on October 7, 2010. According to Policy 4.1.1 of the Future Land Use Element, PD (planned development) zoning is required to implement the PUD land use category.
Land surrounding the subject property is primarily zoned for multi-family residential development. One exception is City-owned property located on the north side of Southwest 20th Avenue, just east of I-75. This property is within a PS (Public services and operations district) zoning district and is used for utility purposes.
The proposed PD allows multi-family residential dwelling units and non-residential uses on the subject property. All of the allowable uses are permitted by right. The allowable uses will be housed in buildings that are up to 3stories in height. The buildings will be designed to accommodate a vertical and horizontal mix of the allowable uses based on traditional design standards. The buildings may also be attached or detached.
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. Permission to use the easement is addressed in an attached letter from Progress Energy, dated March 14, 2011. Since the October 7, 2010 public hearing, the applicant is also asking the City Commission to modify this rezoning request by allowing stormwater conveyance infrastructure within the designated Upland Areas (Zone C of the PD Layout Plan Map) that are required under Policy 1.1.1 f. of the Conservation/ Open Space/Groundwater Recharge Element of the 2000-2010 Comprehensive Plan. Details of the proposed PD are provided on amended copies of the development plan maps (i.e., Existing Conditions Map; Existing Vegetation Map; and Planned Development Layout Map), and within an amended copy of the PD Report, filed in association with this petition.
Public notice was published in the Gainesville Sun on August 10, 2010. Letters were mailed to surrounding property owners on August 10, 2010.
The City Plan Board considered Petition PB-09-116 PDV at a public hearing held August 26, 2010. By a vote of 5-0, the City Plan Board approved the petition and the associated PD Layout Plan Map and PD Report subject to the conditions recommended in the staff report and Appendix E.
The Legacy Fountain PD has been amended on second reading to reflect a minor change in the site area from 5.069 to 5.07 for consistency with the land use document that discusses 5.07 acres mol. The legal description was changed to reflect additional right-of-way dedication to the County. This change is reflected on the PD Layout Plan map and the notes on the PD Layout Plan map.
CITY ATTORNEY MEMORANDUM
The City Commission, at its meeting of October 7, 2010, authorized the City Attorney to prepare and advertise the necessary ordinance rezoning certain lands within the city to planned development commonly known as "Legacy Fountains, LLC". On May 5, 2011, the City Commission held an advertised public hearing and adopted the ordinance on first reading. On July 21, 2011, the City Commission, at the request of the petitioner, continued the second reading to a date uncertain. In December, the petitioner asked the City to advertise and hold a second and final public hearing and adoption reading. The TCEA agreement was not yet signed and received, therefore the ordinance could not be adopted. As of this date, the TCEA agreement has been executed by the petitioner.
The Legacy Fountain PD has been amended on second reading to reflect a minor change in the site area from 5.069 to 5.07 for consistency with the land use document that discusses 5.07 acres mol. The legal description was changed to reflect additional right-of-way dedication to the County. This change is reflected on the PD Layout Plan map and the notes on the PD Layout Plan map.