title
LAND USE CHANGE - GIRLS CLUB OF ALACHUA COUNTY (B)
Ordinance No. 0-05-52, Petition 46LUC-05PB
An ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan, Future Land Use Map; by changing the land use category of certain property from "Recreation" to "Public Facilities"; located in the vicinity of 2101 N.W. 39th Avenue; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission: 1) approve Petition No. 46LUC-04PB; and 2) adopt the proposed ordinance.
explanation
STAFF REPORT
The subject property is located at 2101 Northwest 39th Avenue and is currently developed as the Girls Club of Alachua County. The property proposed for the land use change is 5.3 acres and is adjacent to Green Tree Park. The current Future Land Use category designation on the subject property is Recreation. The existing zoning is Public Service. The surrounding land use designations are Single-Family to the north and west, Recreation to the south and east, see attached land use map.
The current Recreation land use designation was given to this property because is was acquired by the City for recreation use and subsequently deeded to the Girls Club. There are no restrictions to the use of the property in the deed. This category is limited to recreation uses:
"This category identifies appropriate areas for public and private leisure activities. Land development regulations shall address the scale, intensity and buffering of structures and outdoor improvements. This category shall meet the appropriate intensities of uses as established by the Recreation Element."
The Girls Club wishes to utilize the existing recreation facilities for a charter school during regular school hours when the after-school recreation program does not use the facility. Charter Schools are regulated by the School Board of Alachua County and, therefore, may be classified as a government function. The semi-public recreation use may also be contemplated under the category of government function.
"The public facilities land use identifies administrative and operational governmental functions such as government offices, utility facilities, and storage facilities. The maximum lot coverage in this district shall not exceed 80 percent."
The subject property is located on Northwest 39th Avenue, and is served by sidewalk and public transit. Utilities exist to serve the site.
The Plan Board heard the petition and recommended that it be approved.
Public notice was published in the Gainesville Sun on April 5, 2005. Letters were mailed to surrounding property owners on April 6, 2005. The Plan Board held a public hearing April 21, 2005. Planning Division staff recommended that the Plan Board approve the petition. The Plan Board recommended that the City Commission approve Petition 46LUC-05 PB. Plan Board vote 4-0.
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.