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LAND USE CHANGE - 5724 SW 46TH PLACE (B)
Ordinance No. 0-08-27, Petition 24LUC-08PB
An Ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan; by changing the land use category of certain property, as more specifically described in this ordinance, from the Alachua County land use category of "Medium Density Residential" to the City of Gainesville land use category of "Conservation" consisting of approximately 11.00 acres, located in the vicinity of 5724 SW 46th Place, commonly known as "Broken Arrow Bluff Park"; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission (1) receive the report that the Department of Community Affairs offers no objections, recommendations, or comments; and (2) adopt the proposed ordinance.
explanation
STAFF REPORT
This petition is a large-scale land use amendment to change the Future Land Use designation for this property from Alachua County Medium Family Residential to City of Gainesville Conservation. This property was annexed by the City in 2007, and must be brought into conformance with the City's Generalized Future Land Use map. The annexed area is separated from City limits only by a publicly-owned County park.
This 11-acre parcel is known as Broken Arrow Bluff Park and is located at the back of a neighborhood north of Archer Road. This land was part of a planned development but the residential units intended for this area were not built. These parcels were later purchased by the City and developed as a nature-based park. Previously composed of seven separate parcels, the park is adjacent to Kanapaha Botanical Gardens and is part of the County's Hogtown Prairie Strategic Ecosystem.
The proposed Conservation land use is consistent with the surrounding Alachua County land uses, which include Recreation to the north, east, and west, and Medium Density Residential for the existing neighborhood to the south.
Public notice was published in the Gainesville Sun on March 5, 2008. The Plan Board held a public hearing on March 20, 2008. On July 28, 2008, the City Commission approved this ordinance for transmittal to the Florida Department of Community Affairs (DCA) for review in accordance with state law. On November 6, 2008, DCA issued its Objections, Recommendations, and Comments (ORC) Report to the City. DCA had no Objections and made no Comments on this ordinance. City staff therefore recommends adoption of this ordinance as adopted on first reading.
CITY ATTORNEY MEMORANDUM
Florida Statutes set forth the procedure for adoption of an amendment to the Comprehensive Plan. This is the second hearing at the adoption stage of the ordinance, and the hearing was advertised at least five days before the adoption hearing.
The proposed amendment to the Comprehensive Plan was transmitted to the State Department of Community Affairs (DCA) for written comment. Any comments, recommendations or objections of the DCA must be considered by the Commission at the adoption hearing. The City Commission may adopt the ordinance, adopt the ordinance as amended, or not adopt the ordinance.
Following second reading, if the ordinance adopted or adopted with amendments, the Plan amendment will not become effective until the DCA 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.