title
COLLEGE PARK SPECIAL AREA PLAN BUILDING HEIGHT REGULATIONS (B)
Ordinance No. 0-09-09; Petition No. 35TCH-07 PB
An ordinance of the City of Gainesville, Florida, relating to building height in the College Park Special Area Plan; amending Appendix A, Section 3, Exhibit B, College Park Special Area Plan, of the Land Development Code, by revising the overall maximum building heights and minimum and maximum number of stories for Type I and Type II new construction; by deleting the option for additional stories by Planned Development rezoning for Type I new construction; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT
At the June 25, 2007 City Commission meeting, the Commission requested that the City Planning Division prepare a report concerning correcting building height ambiguity in the UMU-1 zoning district and College Park Special Area and referred the issue to the Community Development Committee. This request was a result of a developer argument that since she was allowed to build to the not-to-exceed height limit of 104 feet, the developer should be entitled to the two additional stories allowed by Special Use Permit, as the developer indicated she would build to 104 feet whether the building was approved at six stories or eight stories.
While it is unlikely that a developer will build a six story building to 104 feet, the approach most likely to result in future development being consistent with the City's intent for building height is to add a provision to the Land Development Code so that the allowed height and number of stories is less ambiguous.
After notice was published in the Gainesville Sun on May 1, 2007, the Plan Board, at its May 17, 2007 meeting, heard the Petition and, by a vote of 6-0 recommended that the City Commission approve Petition 35TCH-07 PB as revised by the Plan Board to limit building height to a maximum building height, not to exceed six stories by right, and change the building height definition to read: "building heights mean the vertical distance measured from the average elevation of the proposed finished grade to the top plate of the highest story. When determining the building height of a multi-story building, the height shall be determined by the number of stories multiplied by 13."
On August 13, 2007, the City Commission held a public hearing on the Petition and, by a vote of 5-1, approved the Petition allowing up to six stories by right, with further amendment of limiting the maximum height to 78 feet for Type I construction and for certain unified development with both Type I and Type II construction.
The Petition as approved by the City Commission required a corresponding Comprehensive Plan amendment to limit buildings in UMU-1 to six stories, so this text change ordinance was placed on hold while staff processed 105CPA-07 PB, which was adopted on second reading by the City Commission on October 16, 2008. On December 11, 2008, the Florida Department of Community Affairs issued a Notice of Intent to find the 105CPA-07 PB Comprehensive Plan amendment in compliance. That comprehensive plan amendment is now in effect.
CITY ATTORNEY MEMORANDUM
Should this ordinance pass on first reading, second and final reading will be held on Thursday, April 16, 2009.