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LAND DEVELOPMENT CODE AMENDMENT RELATING TO LISTING OF HISTORIC PROPERTIES (B)
ORDINANCE NO. 0-03-62; PETITION 51TCH-03 PB
An ordinance of the City of Gainesville, Florida; amending section 30-112(d)(3)b., Land Development Code of the City of Gainesville; increasing the number of commissioners needed to list historic properties on the local register of historic places; amending section 30-347.7(c), Land Development Code of the City of Gainesville; increasing the number of commissioners needed to waive the required 12-month period in which the City Plan Board cannot review petitions related to the same property for which the City Commission previously denied land use or rezoning; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT
In the spring of 2002, the City of Gainesville successfully annexed a heavily populated area that pushed the estimated population over 110,000 residents. In 1992, the citizens of Gainesville approved a population threshold of 110,000 residents as the point where two additional city commissioners should be added to the five existing commission seats. In November of 2002 the voters reaffirmed this decision. The election of the two new commissioners was completed in April of 2003.
As a result of these recent changes, there are two sections within the City of Gainesville Land Development Code that need to be changed in order to reflect the fact that there will now be seven commissioners. These changes are necessary to maintain the same numerical relationships for these specific voting situations. Section 30-347.7(c) currently allows a vote of four commissioners to waive the required 12-month period in which the City Plan Board cannot review petitions related to the same property for which the City Commission previously denied land use or rezoning. Four out of five votes are considered a "super-majority." To maintain this "super-majority" requirement for seven commissioners, it is necessary to change the ordinance to require five or more affirmative votes. Likewise, the amendment to section 30-112 is a conforming change
The City Plan Board heard the petition and recommended that the City Commission approve the petition.
Public notice was published in the Gainesville Sun on April 29, 2003. The Plan Board held a public hearing May 15, 2003. Planning Division staff recommended that the Plan Board approve the petition. The Plan Board recommended that the City Commission approve Petition 51TCH-03 PB. Plan Board vote 6-0.
Fiscal Note
None
CITY ATTORNEY MEMORANDUM
This ordinance requires two public hearings. If the Commission adopts the ordinance on first reading, the second and final reading will be held on Monday, July 28, 2003.