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File #: 980705    Version: Name: Temporary Moratorium (B)
Type: Ordinance Status: Passed
File created: 11/9/1998 In control: City Attorney
On agenda: Final action: 12/7/1998
Title: Ordinance No. 0-99-05 An Ordinance of the City of Gainesville, Florida, imposing a temporary moratorium on the issuance of any permits, development orders or any other official action of the City of Gainesville having the effect of permitting the construction or erection of any structure, including telecommunication towers, located in that certain area within the City of Gainesville, as more specifically defined in the Ordinance; providing a procedure for extraordinary hardship; providing a severability clause; and providing an immediate effective date.
Indexes: ORDINANCE
Attachments: 1. 980705_ a Second Reading Ordinance No. 0-99-05_19990101 (1), 2. 980705_ a Second Reading Ordinance No. 0-99-05_19990101 (2), 3. 980705_ Airport Zoning_19990101, 4. 980705_ Airports and Aviation_19990101, 5. 980705_ Al Roberts Jr._19990101, 6. 980705_ Aviation Element Goals, Objectives and Policies_19990101, 7. 980705_ b Second Reading Ordinance No. 0-99-05_19990101, 8. 980705_ c Second Reading Ordinance No. 0-99-05_19990101, 9. 980705_ City of Gainesville Moratorium_19990101, 10. 980705_ Clean Air Act_19990101, 11. 980705_ Fax Cover Sheet Aviation Office Land Use Planning_19990101, 12. 980705_ Leeter from Gene P. Clerkin_19990101, 13. 980705_ Letter on the Subject of the Proposed Consrtuction Moratorium_19990101, 14. 980705_ Moratorium Request_19990101, 15. 980705_ Moratorium_19990101, 16. 980705_ Proposed Amendment to Moratorium Ordinance_19990101, 17. 980705_Proposed Airspace Moratorium Map_19990101
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
12/7/19983 City Commission Adopted on Final Reading (Ordinance)Pass Action details Meeting details Not available
11/23/19982 City Commission Continued (2nd Reading)Pass Action details Meeting details Not available
11/9/19981 City Commission Adopted on First Reading (Ordinance)Pass Action details Meeting details Not available
10/26/19980 City Commission Approved, as shown above - See Motion(s)Pass Action details Meeting details Not available
title Ordinance No. 0-99-05 An Ordinance of the City of Gainesville, Florida, imposing a temporary moratorium on the issuance of any permits, development orders or any other official action of the City of Gainesville having the effect of permitting the construction or erection of any structure, including telecommunication towers, located in that certain area within the City of Gainesville, as more specifically defined in the Ordinance; providing a procedure for extraordinary hardship; providing a severability clause; and providing an immediate effective date. recommendation The City Commission hear a presentation and adopt the proposed ordinance (as amended). explanation BACKGROUND On October 26, 1998 the City Commission authorized the City Attorney to draft and the Clerk of the Commission to advertise a moratorium ordinance. The purpose of this Ordinance is to enable the City of Gainesville sufficient time to study the impact and effect of structures, including telecommunication towers, located within the Moratorium area. The moratorium also allows the City the time to amend the Airport Hazard Zoning Code, the Comprehensive Plan, and the City of Gainesville Code of Ordinances, as may be necessary, to incorporate specific conditions, regulations, restrictions or methods of reviewing applications for development permits for certain structures, including telecommunication towers. The amendments will insure that those structures located in the Moratorium area will be consistent with State law, the Comprehensive Plan and the City of Gainesville Code of Ordinances. During this time, the City will not issue any development orders which have the effect of allowing or permitting the construction or erection of certain structures, including telecommunication towers, within the Moratorium area. The Ordinance fulfills the City's constitutional charge and statutory obligations to protect and preserve the public health, welfare and safety of the citizens of the City of Gainesville, the Gainesville Regional Airport, and its users. PROPOSED AMENDMENT FOR CONSIDERATION At the first reading of the ordinance, the City Commission asked staff to develop an amendment to the proposed ordinance for the purpose of addressing the concerns raised by Mr. Keith Baucom of PCR. A telephone conference between the planning staff, GACRAA staff, Mr. Al Roberts, FDOT, and Mr. Keith Baucom of PCR and his attorneys, resulted in the development of an amendment that would add the following subsection to Section 4 of the Ordinance: "(d) During the imposition of the Moratorium, the City of Gainesville will issue building permits for structures within the Moratorium area provided that the applicant for building permit first obtains a written determination from the Federal Aviation Administration (F.A.A.) that the construction does not exceed any Federal obstruction standards as contained in 14 C.F.R. ss.77.21, 77.23,77.25, 77.28, and 77.29, and submits a true copy of the FAA determination to the City of Gainesville." As of the writing of this memorandum, both PCR and the Florida Department of Transportation find the amendatory language acceptable. A public meeting was held on Tuesday, December 1, 1998, at 2:30 p.m. at City Hall. Mr. Roberts appeared and discussed the meaning and effect of Part 77, Code of Federal Regulations, and Chapter 333, Florida Statutes. Members of the public asked questions and offered their views. At the conclusion of the meeting, Mr. Roberts said that, in his opinion, the City is better off with the moratorium ordinance than without the ordinance.



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