title
LAND USE CHANGE - HUNTERS WALK (B)
Ordinance No. 0-06-102; Petition 75LUC-06 PB
An ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan, Future Land Use Map; by overlaying the "Planned Use District" category over certain property, as more specifically described in this ordinance, with the underlying reversionary future land use category of "SF (Single family, up to 8 dwelling units per acre)," located in the vicinity of 5043 Northwest 43rd Street; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT
This is a petition for a land use change from SF (Single-family, up to eight dwelling units per acre) to PUD (Planned Use District) on approximately 4.91 acres of land located at 5043 Northwest 43rd Street. This petition is submitted concurrently with a Planned Development (PD) rezoning application that proposes a commercial development and associated facilities. The land use change is intended to allow the requested mix of residential and nonresidential uses and unique design features otherwise not allowed in the underlying land use category. Staff has determined the proposed land use change is consistent with surrounding land uses.
Public notice was published in the Gainesville Sun on August 1, 2006. Letters were mailed to surrounding property owners on August 2, 2006. On August 17, 2006, the Plan Board heard and recommended the City Commission approve this petition. The City Commission heard and approved the petition on September 11, 2006.
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.
The City Commission adopted this ordinance on first reading December 11, 2006, and continued second reading to January 22, 2007. The ordinance was advertised accordingly.
fiscal note
None