title
LAND USE CHANGE - N MAIN STREET (OLD FLORIDA BUFFET) (B)
Ordinance No. 0-09-20, Petition PZ-08-125LUC
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 "Mixed-Use Medium Intensity (12-30 units per acre)" to "Commercial"; located in the vicinity of 2501 North Main Street; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
STAFF REPORT
This petition requests a land use change from MUM (Mixed-Use Medium-Intensity, 12-30 units per acre) to COM (Commercial) for one parcel located at 2501 North Main Street.
The subject property consists of one 2.43-acre parcel formerly occupied by a restaurant known as Ryan's Steakhouse and the Florida Buffet. This parcel is located north of the intersection of Main Street and 23rd Avenue, and contains one structure that has been vacant for approximately three years.
This parcel is part of a Neighborhood Activity Center identified in the Future Land Use Element Data and Analysis. These centers are part of a long range planning strategy that focuses mixed-use, pedestrian-friendly development and redevelopment at key intersections and employment centers. The Neighborhood Activity Center has been implemented at this intersection with the designation of approximately thirty acres, including the subject property, with mixed-use land use and zoning.
The Staff and the Plan Board recommended denial of the petition based on the conclusion that the requested land use is not compatible with the existing pattern of land uses in this area. The subject property is surrounded on all sides with Mixed-use medium-intensity land use and MU-2 (Mixed use medium intensity) zoning. Changing this one parcel would create a "spot" designation that is not consistent with its surroundings. In the wider context, changing land use within one Neighborhood Activity Center would weaken the overall strategy and make it easier for inconsistent development to be approved in the future.
The City Commission heard the petition on April 16, 2009, and after deliberating the pros and cons of the change voted 4-3 to approve the petition, directing the City Attorney to draft the ordinance.
Public notice was published in the Gainesville Sun on January 6, 2009. The Plan Board held a public hearing on January 22, 2009.
Recommendation
City Plan Board to City Commission - The City Commission deny Petition 126LUC-08PB. The Plan Board voted 6-0.
Staff to City Plan Board - Deny Petition 126LUC -08PB.
CITY ATTORNEY MEMORANDUM
The City Commission, at its meeting of April 16, 2009, held a public hearing, and after receiving testimony and evidence, approved petition No. PZ-08-125LUC. This action authorized the City Attorney's Office to prepare and the Clerk of the Commission to advertise the proposed ordinance.
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.