title
LAND USE CHANGE - VICINITY OF NORTH SIDE OF 53RD AVENUE, NW 3400 BLOCK TO NE 3000 BLOCK (B)
Ordinance No.110046; Petition No. PB-11-29 LUC
An Ordinance amending the City of Gainesville Comprehensive Plan Future Land Use Map; by changing the land use category of certain property, as more specifically described in this ordinance, from undesignated right-of-way and the Alachua County land use category of "Rural/Agriculture" to the City of Gainesville land use category of "Public Facilities"; consisting of approximately 35 acres, and located in the vicinity of the north side of North 53rd Avenue, extending from the Northwest 3400 block to the Northeast 3000 block; providing directions to the City Manager; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission: 1) receive letters of "no comment" from the North Central Florida Regional Planning Council, the St. Johns River Water Management District, the Florida Department of Education and the Florida Department of Economic Opportunity; and 2) adopt the proposed ordinance as amended.
explanation
STAFF REPORT
On October 20, 2011, the City Commission approved this ordinance by a vote of 7-0 and transmitted this ordinance as part of the Amendment No. 11-3 package to the State Land Planning Agency.
In accordance with the new growth management statutory law (House Bill 7207), now Chapter Law 2011-139) effective June 2, 2011, the North Central Florida Regional Planning Council issued a report dated November 21, 2011, stating that there are no significant adverse impacts to regional resources and facilities, and no increase in intensities/densities of use or are not located in a Transportation Concurrency Exception Area. The St. Johns River Water Management District issued a letter dated November 10, 2011, stating they there are no adverse impacts to important state resources and facilities. The Florida Department of Education issued a letter dated November 16, 2011, stating that there are no adverse impacts on public school facilities, therefore they offer no comment. The Florida Department of Economic Opportunity issued a letter dated November 16, 2011, stating that they have identified no comment related to important state resources and facilities that will be adversely impacted.
This petition is a large-scale land use amendment to change the Future Land Use category for two City-owned parcels. Parcel 1 is 75 feet wide and approximately 2 miles long, totaling 25.1 acres; it extends along the north side of North 53rd Avenue in three segments from NW 34th Street to NE 15th Street. This parcel is not currently designated with any land use category. Approximately one-third of this parcel was annexed in 2010, and the remainder was created from right-of-way in 2008.
Parcel 2 (07874-001-001) is located on the north side of NE 53rd Avenue east of the Murphree Water Treatment Plant and is 150 feet wide and approximately 2,900 feet long, totaling 9.9 acres. It was annexed in 2010 and its current land use designation is Alachua County Rural/Agriculture.
Parcel 1 is currently in use as a utility corridor for Gainesville Regional Utilities (GRU) power lines; Parcel 2 is undeveloped. No other development is anticipated. The Public Facilities land use category is proposed for both parcels.
Public notice was published in the Gainesville Sun on May 9, 2011. The Plan Board held a public hearing on May 26, 2011.
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 state growth management law (HB7207, now Chapter Law 2011-139) if the City fails to hold the second reading within 180 days of the receipt of agency comments, the amendment shall be deemed withdrawn.
This ordinance, if adopted on second reading, will be transmitted to the State Land Planning Agency and any other agencies that provided written comments to the City. 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.
Due to changes in state law during the last legislative session, it is advisable to amend the ordinance to more closely conform to the new state law. Additionally, the City Commission very recently adopted an ordinance changing the name of the City's Comprehensive Plan.