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LAND USE CHANGE - 7200-7300 BLOCK OF NW 4TH BLVD (B)
Ordinance No. 110110; Petition No. PB-11-47 LUC
An Ordinance amending the City of Gainesville Comprehensive Plan Future Land Use Map; by changing the land use category of certain property, as more specifically described in this ordinance, from the Alachua County land use category of "Commercial" to the City of Gainesville land use category "Commercial"; consisting of approximately 27.8 acres, and located in the vicinity of the 7200-7300 block of Northwest 4th Blvd; providing directions to the City Manager; providing a severability clause; providing a repealing clause and providing an effective date.
recommendation
The City Commission: 1) receive letters of "no comment" from the North Central Florida Regional Planning Council, the St. Johns River Water Management District, the Florida Department of Education and the Florida Department of Economic Opportunity; and 2) adopt the proposed ordinance as amended.
explanation
STAFF REPORT
On October 20, 2011, the City Commission approved this ordinance by a vote of 7-0 and transmitted this ordinance as part of the Amendment No. 11-3 package to the State Land Planning Agency.
In accordance with the new growth management statutory law (House Bill 7207), now Chapter Law 2011-139) effective June 2, 2011, the North Central Florida Regional Planning Council issued a report dated November 23, 2011, stating that there are no significant adverse impacts to regional resources and facilities, and no increase in intensities/densities of use or are not located in a Transportation Concurrency Exception Area. The St. Johns River Water Management District issued a letter dated November 10, 2011, stating they there are no adverse impacts to important state resources and facilities. The Florida Department of Education issued a letter dated November 16, 2011, stating that there are no adverse impacts on public school facilities, therefore they offer no comment. The Florida Department of Economic Opportunity issued a letter dated November 16, 2011, stating that they have identified no comment related to important state resources and facilities that will be adversely impacted.
This proposed large-scale amendment of the Future Land Use Map from Alachua County Commercial to City of Gainesville Commercial pertains to an approximately 27.8-acre property that was voluntarily annexed into the City on April 15, 2010. The property is located east of Tower Road (Northwest 75th Street), west of Interstate 75, north of West University Avenue, and is in the general vicinity of the 7200 - 7300 blocks of Northwest 4th Boulevard. This developed property includes the 65,000 square-foot, commercial (retail) Tower Center that was built in 1989 and that is adjacent to and west of the previously annexed Home Depot store, and a very large stormwater retention pond to the north across NW 4th Boulevard.
The proposed land use change from Alachua County Commercial to City of Gainesville Commercial is appropriate for the property's established and continuing use as a commercial center close to the major arterial roadways of State Road 26 (Newberry Road), Northwest 75th Street (Tower Road), and Interstate 75. This large-scale land use amendment entails no major transportation issues, and will have no impact on adopted levels of service for potable water and wastewater, solid waste, stormwater management, recreation, and public school facilities. There are no major environmental impacts and constraints associated with this petition.
This petition is related to Petition PB-11-48 ZON, which is a request for rezoning from Alachua County Highway oriented business services district (BH) and Administrative and Professional district (AP), to City of Gainesville General business district (BUS).
The Plan Board discussed the petition and recommended approval with a 4-0 vote.
Public notice was published in the Gainesville Sun on April 12, 2011. The Plan Board held a public hearing on April 28, 2011.
CITY ATTORNEY MEMORANDUM
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.
In accordance with the new state growth management law (HB7207, now Chapter Law 2011-139) if the City fails to hold the second reading within 180 days of the receipt of agency comments, the amendment shall be deemed withdrawn.
This ordinance, if adopted on second reading, will be transmitted to the State Land Planning Agency and any other agencies that provided written comments to the City. The Plan amendment, if not timely challenged, shall be effective 31 days after the state land planning agency notifies the City that the plan amendment package is complete. If the Plan amendment is challenged, the amendment will become effective on the date the State Land Planning agency or the Administration Commission (Governor and Cabinet) enters a final order determining this adopted amendment is in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before this plan amendment has become effective.
Due to changes in state law during the last legislative session, it is advisable to amend the ordinance to more closely conform to the new state law. Additionally, the City Commission very recently adopted an ordinance changing the name of the City's Comprehensive Plan.