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LAND USE CHANGE - BLUES CREEK (B)
Ordinance No. 0-05-05, Petition 167LUC-04PB
An ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan, Future Land Use Map; by changing the land use category of certain property from "Single-Family (up to 8 units per acre)" to "Residential Low-Density (up to 12 units per acre); located in the vicinity of west of Northwest 43rd Street and north of Northwest 73rd Avenue; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission: (1) receive the report of the Department of Community Affairs; and (2) adopt the proposed ordinance.
explanation
STAFF REPORT
The 2.37-acre subject property is within the approximately 300-acre, Blues Creek planned residential development, and is on the north side of N.W. 73rd Avenue, approximately one-quarter mile west of Northwest 43rd Street. The subject property is within the Blues Creek drainage basin, and is undeveloped and wooded. The property adjoins undeveloped conservation land to the north, east and west, and is proximate to single-family development across Northwest 73rd Avenue to the south. Single-family development of the Blues Creek development is to the north and west, beyond the adjacent conservation area. The Blues Creek clubhouse and swimming pool are also to the west of the conservation area.
The applicant proposes to change the land use designation of the property from SF (Single Family, up to 8 units per acre) to RL (Residential Low Density, up to 12 units per acre.
The subject property is adjacent to Single-Family (up to 8 units per acre) land use to the north and east, Single-Family and Conservation land use (farther east) to the east, and Alachua County Low Density (1-4 units per acre) land use to the south. The surrounding zoning is PD (Planned Development District) to the north, east and west, and Alachua County Low Density Residential (1-4 units per acre) (of the Sterling Place residential development) is to the south, across Northwest 73rd Avenue. Conservation zoning is east of the adjoining PD zoning to the east of the subject property.
Blues Creek was annexed from Alachua County in 2001-2002, and City of Gainesville land use and zoning was approved in 2003. Staff was unaware of the attached residential units for the subject 2.4-acre property when Single Family land use and PD zoning were approved for Blues Creek. During review earlier this year of a proposed design plat for 16 lots on the subject property, the inconsistency between the existing Single Family land use, which does not allow attached residential units, and the PD zoning which allows attached units, became evident to staff. The proposed Residential Low-Density (up to 12 units per acre) designation allows for attached residential units, and will result in consistency between the future land use category and the underlying PD (Planned Development District) zoning for this 2.37-acre portion of Blues Creek.
The Plan Board heard the petition and recommended that it be approved.
This petition was filed after the second of two large-scale comprehensive plan amendment cycles for 2004, several months prior to the deadline for the first cycle for 2005. First reading of the ordinance adopting this petition has had to await the other large-scale plan amendment petitions of the first cycle of 2005. State law limits large-scale amendments to two times per calendar year.
Public notice was published in the Gainesville Sun on October 5, 2004. Letters were mailed to surrounding property owners on October 6, 2004. The Plan Board held a public hearing October 21, 2004. Planning Division staff recommended that the Plan Board approve the petition. The Plan Board recommended that the City Commission approve Petition 167LUCC-04 PB. Plan Board vote 5-0.
CITY ATTORNEY MEMORANDUM
On April 11, 2005 the City Commission adopted Ordinance No. 0-05-05 (Petition No. 167LUC-04 PB, Future Land Use Element) on first reading for transmittal to the Department of Community Affairs (DCA).
The State of Florida Department of Community Affairs issued a letter dated June 20, 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.
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 (5) days after the day that the second advertisement is published.
If adopted on second reading, the Plan amendment will not become effective until the State Department of Community Affairs 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.