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LAND USE CHANGE - SW 24TH AVENUE (B)
Ordinance No. 0-05-42, Petition 16LUC-05PB
An ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan, Future Land Use Map; by changing the land use category of certain properties annexed into the City from the Alachua County land use category of "LOW, Low Density Residential" to the City of Gainesville land use category of "Single-Family (up to 8 units per acre)"; consisting of approximately 34 acres; located at the south side of Southwest 24th Avenue, west of I-75 and east of Tower Road; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission: 1) receive the preliminary review of the Department of Community Affairs; and (2) adopt the proposed ordinance.
explanation
STAFF REPORT
This petition is related to zoning petition 17ZON-05 PB. The purpose of this petition is to apply City of Gainesville land use categories onto land that was annexed into the City in 2004. Land use districts are recommended that match those of the existing Alachua County districts or that are felt to be the most appropriate for the property based upon location, surrounding development and other factors. The county land use designation of each property will remain in effect until this proposed amendment has been adopted.
The annexed area includes 2 parcels that total approximately 34 acres. The Portofino Cluster Development is a subdivision of single-family detached houses located west of Interstate 75 on Southwest 24th Avenue. The Alachua County land use designation for Portofino is Low Density Residential (1-4 units per acre) with a County zoning designation of R-1A (Single-family, low density). The requested large-scale land use amendment is from Low Density Residential to the City of Gainesville land use designation of SF (Single Family, up to 8 units per acre).
The recommended SF land use designation is similar in character to the Alachua County Low Density Residential land use. The density allowed is comparable, depending on the subsequent zoning category that is chosen. The property that lies generally to the east of the subject property was annexed into the City of Gainesville in 2001. The current land use for this property is CON (Conservation), while the existing zoning classification is CON (Conservation). North of the subject property is land with Alachua County High Density Residential (greater than 14 to less than or equal to 24 dwelling units per acre) land use with R-2A (Multiple-family, medium-high density) zoning, and Low Density Residential land use with R-1A zoning. To the west is Alachua County Medium High Density (greater than 8 to less than or equal to 14 dwelling units per acre) and Medium Density (greater than 4 to less than or equal to 8 dwelling units per acre) land uses. The respective zoning districts are R-2A and PD (Planned development). South of the subject property is land with Alachua County Institutional land use and R-1A zoning, plus conservation land that is within City limits, with CON land use and zoning.
The Plan Board heard the petition and recommended that it be approved.
Public notice was published in the Gainesville Sun on March 1, 2005. Letters were mailed to surrounding property owners on March 2, 2005. The Plan Board held a public hearing March 17, 2005. Planning Division staff recommended that the Plan Board approve the petition. The Plan Board recommended that the City Commission approve Petition 16LUC-05 PB. Plan Board vote 5-0.
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 days before the adoption hearing.
The State of Florida Department of Community Affairs issued a letter dated September 27, 2005, stating that this amendment need not be formally reviewed for consistency with Chapter 163, F.S. The Department also waived preparing an Objections, Recommendations and Comments Report. A copy of their letter is attached to this memorandum. Therefore, the City may now proceed with the final adoption of this ordinance.
Following second reading, the Plan amendment will not become effective until the DCA issues a final order determining the adopted amendment to be in compliance in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act, or until the Administration Commission (Governor and Cabinet) issues a final order determining the adopted amendment to be in compliance.