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REZONING - QUASI-JUDICIAL (B)
ORDINANCE NO. 0-03-38, PETITION NO. 14ZON-03PB
An ordinance of the City of Gainesville, Florida, amending the Zoning Map Atlas and rezoning certain lands within the City from "OR: 20 units/acre office residential district" to "OF: General office district"; located in the vicinity of 1205 and 1215 N.W. 23rd Avenue; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission: 1) approve Petition No. 14ZON-03PB; and 2) adopt the proposed ordinance.
explanation
STAFF REPORT
This request is for the rezoning of two, developed, .28-acre parcels located on the southwest corner of the intersection of Northwest 23rd Avenue and Northwest 12th Street, one block east of Northwest 13th Street (US 441). The subject properties presently have OR (office residential district) zoning. Rezoning to OF (general office district) is proposed for these developed parcels. The two parcels are designated for Office land use on the Future Land Use Map, and no change in land use is requested or necessary.
The office districts are established for the purpose of encouraging the development of professional offices, [or/and] low to medium density residential and studio uses at locations where such uses of land would be compatible with surrounding residential uses and in keeping with the land use policies of the comprehensive plan. (Sec.30-59 (a).)
The OR and OF zoning districts are similar in allowing a range of general office uses. The greatest difference between the two districts, each of which is allowed by the Office land use category in the Future Land Use Element of the city's comprehensive plan, is that OR allows for a mixture of residential and office uses, up to a maximum residential density of 20 dwelling units/acre. The OF, general office district, does not allow for residential use. OF, unlike OR, will allow Industry Group No. 805 - Nursing and Personal Care Facilities (e.g., nursing homes). OF will also allow additional uses relative to OR in Major Group (MG) 48 - Communications, and in MG 73 - Business Services.
The proposed OF zoning is consistent with the existing OF zoning and use pattern along NW 23rd Avenue, with the contiguous OF zoning to the south, and is compatible with the adjacent MU-1 and proximate MU-2 zoning to the west and north, respectively.
Rezoning from OR to OF will have little, if any impact on the value of the existing buildings. The proposed OF zoning is consistent with the existing OF zoning and use pattern along Northwest 23rd Avenue, and it allows a broad range of appropriate uses at the subject properties.
The Plan Board reviewed the petition and recommended that the petition be approved.
Public notice was published in the Gainesville Sun on February 4, 2003. Letters were mailed to surrounding property owners on February 5, 2003. The Plan Board held a public hearing February 20, 2003. Planning Division staff recommended that the Plan Board approve the petition. The Plan Board recommended that the City Commission approve Petition 14ZON-03 PB. Plan Board vote 4-0.
CITY ATTORNEY MEMORANDUM
The petition was initiated by the City of Gainesville and involves less than 10 contiguous acres. State law only requires one adoption hearing for the rezoning ordinance.