title
LAND USE CHANGE - PLUM CREEK (B)
Ordinance No. 100189, Petition PB-10-25CPA
An Ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan Future Land Use Element; amending Ordinance No. 070447 that adopted Policy 4.3.4 relating to the LandMar Development; generally located north of U.S. 441 and Northwest 74th Place lying east and west of SR 121 and CR 231, and south of Northwest 121st Avenue and consisting of approximately 1778 acres; providing for extension of rezoning time limitations; amending Policy 4.3.4; by renaming the Development; amending and revising certain environmental and transportation policies; providing directions to the City Manager and the codifier; providing a severability 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 1,778-acre "LandMar" property is located on both sides of State Road 121, north of US 441 and N.W. 53rd Avenue, and east of the Deerhaven Power Plant. The City Commission approved a large-scale comprehensive plan amendment for this property on January 26, 2009 for up to 1,890 residential units and 100,000 square feet of non-residential uses. The approval established the following land uses: Planned Use District (PUD) on 167 acres; Residential Low Density on 365 acres, Single Family on 545 acres, and Conservation on 701 acres. The property is subject to the various requirements of Policy 4.3.4 of the Future Land Use Element. The property is currently used for silviculture operations and both the subject property and surrounding areas are rural in character. At least one-third of the 1,778-property is wetland, and the headwaters of three creek systems/basins are within it.
The property owner is proposing text amendments to FLUE Policy 4.3.4 "to clarify existing requirements and be consistent with the TCEA ordinances" (quote from Applicant's Proposed Revisions to Policy 4.3.4 of Future Land Use Element, Revised June 9, 2010). The proposed amendments comprise a large-scale amendment to the City's comprehensive plan, and are summarized by staff as follows: change PUD name throughout Policy 4.3.4 from "LandMar" to "Plum Creek" or "Plum Creek Land Company" and rename related map in the Future Land Use Map Series of the Comprehensive Plan; state that impacted wetlands are not subject to buffer width requirements; specify that wetland buffer area is included as upland area; refer to floodplain district definition of the land development code; require legally enforceable documents regarding maintenance of the LID (low impact development) functional landscape; add requirement to fund transit service per TCEA Zone E standards; update transportation impact mitigation and other requirements and make other revisions in accord with the updated Concurrency Management Element; and delete a policy regarding DRI (Development of Regional Impact) review because no development in a Dense Urban Land Area is subject to DRI review.
Subsequent to the Plan Board hearing, staff revised the petition to include the landowner's request to extend the period of time in which a PD (planned development) zoning ordinance consistent with the PUD must be adopted. Staff originally was going to process the time extension through a different process, but later determined that it was more appropriate to include the proposed extension in the comprehensive plan amendment process. The land owner's request is to extend the original time period of 18 months from the January 26, 2009 adoption of the land use amendment to July 26, 2012, pursuant to policy 4.3.4.f.3.a of ordinance 070447. The proposed extension, if approved, will provide an additional 24 months for adoption of a PD zoning ordinance. The applicant has cited the major changes in market conditions since having starting the original land use change process as the major reason for the requested extension. The Florida Legislature in response to the economic downturn has extended the timeframe for other types of development projects. Staff supports the landowner's proposed 24-month extension of the period for adoption of a PD ordinance, and recommends that the City Commission approve it.
Public notice was published in the Gainesville Sun on June 8, 2010. The Plan Board held a public hearing on June 24, 2010.
CITY ATTORNEY MEMORANDUM
The City Commission at its meeting of October 7, 2010, authorized the advertisement and placement of this ordinance on the October 21, 2010 agenda.
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.
The State of Florida Department of Community Affairs issued a letter dated October 18, 2010, stating that the Department raises no objections to the proposed amendment. A copy of their letter is attached to this memorandum. Therefore, the City may now proceed with the final adoption of this ordinance.
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.