title
HUNTER/LANE SMALL-SCALE LAND USE ELEMENT (B)
Ordinance No. 0-09-64, Petition PZ-09-20LUC
An ordinance amending the City of Gainesville 2000-2010 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 "Medium High Density Residential (8-14 DU/acre)" to the City of Gainesville land use category of "Residential Medium-Density (8-30 units per acre)" and "Conservation"; generally located East of I-75, West of Marchwood Subdivision, and Southwest of Forest Park, a county park; the property is also known as tax parcel no. 06687-004-000, as more specifically described in this Ordinance; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation:
The City Commission adopt the proposed ordinance.
explanation
STAFF REPORT
This petition is a small-scale land use amendment to change the Future Land Use category from an Alachua County to a City of Gainesville designation. The City of Gainesville annexed this 3.03-acre area on November 26, 2007. The subject property consists of one parcel which is currently landlocked and undeveloped. The parcel is located southwest of the intersection of SW 20th Avenue and 43rd Street. This area is currently designated as Alachua County Medium High Density Residential (8 to 14 dwelling units/acre) future land use with Multiple family, medium-high density (R-2A) zoning, which allows 8 to 14 dwelling units per acre.
Analysis of the site finds environmentally sensitive lands that are constrained for development. Staff proposes to designate the areas of the site impacted by creeks, wetlands, and the flood channel areas as Conservation future land use. The proposed delineation between land uses is located 100 feet north of and parallel to the power line easement that crosses the southeastern corner of the property. This line is an extension of the line proposed to separate land uses on the neighboring property (as described in the staff report for Petition PZ-08-129LUC).
North of the line, 2.23 acres of Conservation land use is proposed in the area that contains Hogtown Creek and the flood channel district (as defined by sec. 30-280 of the Land Development Code). South of the line, 0.81 acres of Residential Medium-Density (8-30 units per acre) land use is proposed, which approximates the current Alachua County land use designation.
The petitioner has the option to propose a Planned Use District (PUD) land use amendment with Planned Development (PD) zoning, which would potentially achieve higher overall density while allowing greater flexibility in the site layout and a creative approach to the conservation areas.
The Plan Board reviewed the petition and recommended approval of the petition as presented by staff, vote 6-0. Related to Petition PZ-09-21ZON.
Public notice was published in the Gainesville Sun on April 7, 2009. The Plan Board held a public hearing on April 23, 2009.
CITY ATTORNEY MEMORANDUM
The proposed amendment to the Comprehensive Plan is treated as a small scale development activity. After the City Commission adopts the ordinance, it will be filed with the State Land Planning Agency. The state land planning agency does not review or issue a notice of intent for small scale development amendments. Any affected person may file a petition with the State Division of Administrative Hearings to request a hearing to challenge the compliance of a small scale development amendment within 30 days following the City's adoption of the amendment.
Small scale development amendments do not become effective until 31 days after adoption. If challenged within 30 days after adoption, small scale development amendments shall not become effective until the state land planning agency or the Administration Commission issues a final order that the adopted small scale development amendment is in compliance.