title
REZONING - VICINITY OF 1500 NW 45TH AVENUE (B)
Ordinance No. 0-09-61, Petition No. PZ-09-62ZON
An ordinance of the City of Gainesville, Florida, amending the Zoning Map Atlas and rezoning certain property within the City, as more specifically described in this Ordinance, from "RMF-5: 12 units/acre single-family/multiple-family residential district" to "PS: Public services and operations district": to allow, as uses permitted by right, a public park and other related uses, as more specifically described in this ordinance, without the requirement of a preliminary development plan; located in the vicinity of 1500 Northwest 45th Avenue; this property is also known as tax parcel no. 07883-010-005, as more specifically described in this ordinance; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission: 1) approve Petition No. PZ-09-62ZON; and 2) adopt the proposed ordinance.
explanation
STAFF REPORT
This is a quasi-judicial item. The purpose of this petition is to change the zoning on a portion of this property and to establish the permitted uses for the active portion of the Hogtown Creek Headwaters Nature Park. Tax parcel 07883-010-005 is approximately 61.6 acres in size and is part of two related petitions (PZ-09-59 LUC and PZ-09-60 ZON) to change land use and zoning to Conservation. The subject property of this petition is an approximately 8.8-acre portion of the 61.6-acre master parcel. The request of this petition is to rezone the property from RMF-5 (12 units/acre single-family/multiple-family residential district) to PS (Public services and operations district). The land use would change from Residential Low-Density (up to 12 units per acre) to Recreation. The subject property is located on the north side of N.W. 45th Avenue, and includes an existing single-family structure, which was part of the Hartman Homestead. This property is a portion of the overall property that the City of Gainesville purchased in 2008 with the help of the Florida Communities Trust, a division of the Department of Community Affairs (DCA). In accordance with the grant award agreement between the City and the DCA, the City has agreed to develop the overall property as the Hogtown Creek Headwaters Nature Park, a public nature park that will also include some active recreational and educational amenities on the subject portion of the overall property.
Located on the north, east and west sides of the subject property are the larger parent parcel that is to become Conservation land for the passive recreational activities of the nature park. Just to the west of the subject property on Northwest 45th Avenue is the Paradise Pond Stormwater Park, owned by the City of Gainesville. On the south side of Northwest 45th Avenue are single-family residential properties with Single Family (up to 8 units per acre) land use and RSF-1 (3.5 units/acre single-family residential district) zoning.
The applicant's proposed list of permitted uses for Hogtown Creek Headwaters Nature Park includes:
* Nature trails and boardwalks;
* Picnic tables and picnic pavilion;
* Playground;
* Tennis courts, volleyball court or other active recreation facility;
* A public nature/interpretive center; and
* Accessory uses customarily and clearly incidental to any permitted principal use.
The request also states that the setbacks will comply with the dimensional requirements of the PS zoning district. Planning staff agrees with the list of proposed uses and believes that describing a use as a public park and recreation area with active and passive recreation amenities would include nature trails and boardwalks, picnic tables and pavilions, playgrounds, tennis courts and volleyball courts. Planning staff is recommending a slightly simpler list of proposed permitted uses by right for the property:
* Public park and recreation area, including active and passive recreation amenities;
* A public nature/interpretive center; and
* Accessory uses customarily and clearly incidental to any permitted principal use.
The setbacks will comply with the dimensional requirements of the PS zoning district.
The proposed Recreation land use and PS zoning are compatible with the surrounding land uses. The proposed land use and subsequent zoning change will facilitate development of this property as the active area of the nature park, with active recreation and educational amenities. The overall property is part of the headwaters for Hogtown Creek. The acquisition and protection of this property by the City of Gainesville will help to maintain this important community asset.
Planning Division staff recommended approval of Petition PZ-09-62 ZON.
The City Plan Board reviewed the petition and recommended approval, Plan Board vote 5-0.
Public notice was published in the Gainesville Sun on June 9, 2009. The Plan Board held a public hearing on June 25, 2009.
CITY ATTORNEY MEMORANDUM
The petition and ordinance are simultaneously submitted to the City Commission for approval and adoption because city staff and the plan board both recommend approval.