title
LAND USE CHANGE - VICINITY OF 1500 NW 45TH AVENUE (B)
Ordinance No. 0-09-60, Petition PZ-09-61LUC
An ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan, Future Land Use Map; by changing the land use category of certain property, as more specifically described in this ordinance, from the City of Gainesville land use category of "Residential Low-Density (up to 12 units per acre)" to "Recreation"; located in the vicinity of 1500 Northwest 45th Avenue; this property is also known as tax parcel no. 07883-010-005, as more specifically described in this ordinance; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission: 1) approve Petition PZ-09-61LUC; and 2) adopt the proposed ordinance.
explanation
STAFF REPORT
The purpose of this petition is to amend the land use on a portion of this property. Tax parcel 07883-010-005 is approximately 61.6 acres in size and is part of two related petitions (PZ-09-59 LUC and PZ-09-60 ZON) to change land use and zoning to Conservation. The subject property of this petition is an approximately 8.8-acre portion of the 61.6-acre master parcel. The request of this petition is to change the Future Land Use designation from Residential Low-Density (up to 12 units per acre) to Recreation. The subsequent zoning would change from RMF-5 (12 units/acre single-family/multiple-family residential district) to PS (Public services and operations district). The subject property is located on the north side of N.W. 45th Avenue, and includes an existing single-family structure, which was part of the Hartman Homestead. This property is a portion of the overall property that the City of Gainesville purchased in 2008 with the help of the Florida Communities Trust, a division of the Department of Community Affairs (DCA). In accordance with the grant award agreement between the City and the DCA, the City has agreed to develop the overall property as the Hogtown Creek Headwaters Nature Park, a public nature park that will also include active recreational and educational amenities on the subject property.
Located on the north, east and west sides of the subject property are the larger parent parcel that is to become Conservation land for the passive recreational activities of the nature park. Just to the west of the subject property on N.W. 45th Avenue is the Paradise Pond Stormwater Park, owned by the City of Gainesville. On the south side of N.W. 45th Avenue are single-family residential properties with Single Family (up to 8 units per acre) land use and RSF-1 (3.5 units/acre single-family residential district) zoning.
The Recreation land use designation identifies appropriate areas for public and private leisure activities. The Conservation land use designation for the parent parcel is intended to identify areas appropriate for passive recreation and nature parks and their acquisition. The overall property is part of the headwaters for the Hogtown Creek. The acquisition and protection of this property by the City of Gainesville will help to maintain this important community asset. The proposal does promote the protection and restoration of an environmentally significant property within the community, and will provide passive and some active recreational opportunities for the surrounding neighborhoods, as well as the community at large.
Planning Division staff recommended approval of Petition PZ-09-61 LUC.
The City Plan Board reviewed the petition and recommended approval, Plan Board vote 5-0.
Public notice was published in the Gainesville Sun on June 9, 2009. The Plan Board held a public hearing on June 25, 2009.
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.