title
REZONING - VICINITY OF SW 34TH STREET AND SW ARCHER ROAD (B)
Ordinance No. 100860, Petition No. PB-10-136ZON-B
An ordinance of the City of Gainesville, Florida, amending the Zoning Map Atlas and rezoning certain properties annexed into the City, as more specifically described in this Ordinance, from the Alachua County zoning categories of "Highway oriented business services (BH) district", and "Multiple family, high density (R-3) district" to the City of Gainesville zoning categories of "BUS: General business district", "ED: Educational services district", and "RMF-5: 12 units/acre single-family/multiple-family residential district"; generally located West of SW 34th Street, North of SW Archer Rd., East of SW 42nd Street, and South of SW 14th Place, as more specifically shown and described in this ordinance; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
STAFF REPORT
This petition is a rezoning from Alachua County to City of Gainesville designations. It covers approximately 7.9 acres of southwest Gainesville in the vicinity of SW 20th Avenue, SW Archer Road, and SW 34th Street.
Proposed zoning categories were selected to reflect existing conditions and to be compatible with surrounding uses: BUS (General Business) for the parcels along SW 34th Street and SW Archer Road; RMF-5 for a small parcel adjacent to other undeveloped, residentially-zoned land; and ED (Educational services) zoning for a small parcel owned by the University of Florida
The original "Southwest Annexation" petitions (PZ-09-145LUC and PZ-09-146ZON) were presented to the Plan Board on December 7, 2009 and to the City Commission on January 21, 2010. The City Commission voted to continue the petitions to allow further exploration of implementation options for the Urban Village portion of the petition. Per the requirements of sec. 30-347.8 of the Land Development Code, "If a petition or recommendation for a change or amendment is not acted upon finally by the city commission within six months of the date upon which the report of the city plan board is filed with the city commission, the petition shall be deemed denied without prejudice. However, no petition shall be deemed denied if the city commission has continued its consideration to a date certain, or has stayed action on the petition by enactment of a moratorium ordinance." Since no action was taken during the 6-month time limit, the original land use petition (PZ-09-145LUC) and associated rezoning petition (PZ-09-146ZON) have been deemed denied without prejudice.
Given the opportunity to reintroduce these items, Planning staff chose to address the parcels that comprise the Urban Village as a separate petition, which is now PB-10-137LUC. The companion rezoning will be introduced later in 2011. Petitions PB 10-135LUC and PB-10-136ZON, now commonly known as the Southwest Annexation petitions, represent only parcels located outside the Urban Village.
Public notice was published in the Gainesville Sun on January 11, 2011. The Plan Board held a public hearing on January 27, 2011.
The Southwest Annexation petitions (PB-10-135LUC and PB-10-136ZON) were approved by the City Commission at a public hearing on March 3, 2011.
During preparation of the ordinance to adopt the land use change, it was determined by the City Attorney's office that the areas of contiguous parcels could be adopted as a large-scale amendment, but the smaller areas of non-contiguous parcels, each totaling less than ten contiguous acres, should be separated into a small-scale land use amendment. The total number of parcels and overall acreage of the request remains the same; however, the Southwest Annexation will be implemented through two ordinances.
The rezoning that corresponds to the small-scale amendment is now PB-10-136ZON-B and Ordinance 100860. This rezoning consists of 12 parcels totaling 7.9 acres. These parcels are mapped in Exhibits A and B of this ordinance.
CITY ATTORNEY MEMORANDUM
The City Commission, at its meeting of March 3, 2011, approved the petition that authorized the city attorney's office to prepare and the Clerk of the Commission to advertise the necessary ordinance.