title
Land Use Change - 81.575 Acres of Property Known as the Oaks Mall (B)
Ordinance No. 180397
An ordinance of the City of Gainesville, Florida, amending the Future Land Use Map of the Comprehensive Plan by changing the land use category of approximately 81.575 acres of property known as the Oaks Mall generally located at the southwest corner of the intersection of W Newberry Road and NW 62nd Street, as more specifically described in this ordinance, from Commercial (C) to Urban Mixed-Use (UMU); providing directions to the City Manager; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
STAFF REPORT
Update since first reading: On January 17, 2019, the City Commission approved this ordinance with amendments on first reading. City staff then transmitted this ordinance to the state reviewing agencies in accordance with the statutory expedited review process for comprehensive plan amendments. During the 30-day comment period, the City received letters from the Florida Department of Economic Opportunity, St. Johns River Water Management District, Suwannee River Water Management District, Florida Department of Environmental Protection and Florida Department of Transportation. The comments received did not identify any adverse impacts to important state resources and facilities within the scope of review of the respective state agencies, and therefore did not necessitate any changes to the ordinance.
This ordinance amends the Future Land Use Map of the Comprehensive Plan by changing the land use category of approximately 81.575 acres property known as the Oaks Mall, located at the southwest corner of the intersection of W Newberry Road and NW 62nd Street, from Commercial (C) to Urban Mixed-Use (UMU).
The purpose of the request is to provide a more appropriate future land use category at a strategic location in our urbanized area, where a long-developed property is undergoing substantial change and is beginning to redevelop. The proposed large-scale land use amendment will encourage redevelopment of the Oaks Mall, a major shopping center and former Development of Regional Impact with approximately 907,000 sq.ft. of GLA (gross leasable area). The proposed land use change to Urban Mixed-Use (UMU) will add residential and mixed-use development potential where none exists under the current Commercial (C) land use and general business district (BUS) zoning.
This large-scale land use amendment will increase the percentage of land uses that are mixed and within walking distance of important destinations. These destinations include the Oaks Mall and proximate commercial and office development, the North Florida Regional Medical Center (hospital and many other medical facilities), and nearby UF Health medical and dental offices at Hampton Oaks to the south along NW 62nd St. The proposed UMU land use and Urban 8 (U8) zoning is supportive of increasing choices in housing, offices, retail, and workplaces.
The proposed land use amendment and related rezoning will allow for this property to become a more dynamic, major node within the City of Gainesville.
The City Plan Board held a public hearing on September 27, 2018, where it voted to recommend approval of this amendment to the Future Land Use Map of the Comprehensive Plan.
CITY ATTORNEY MEMORANDUM
Section 163.3184, Florida Statutes, sets forth the procedure for amending the Comprehensive Plan. The first hearing is the transmittal stage and must be advertised at least seven days prior to the hearing. The second hearing is the adoption stage and must be advertised at least five days prior to the hearing. Within ten working days after the first hearing, the City must transmit the amendment to the reviewing agencies and to any other local government or state agency that has filed a written request for same. These agencies have 30 days after receipt of the amendment to forward written comments to the City, which the City must then consider during the second hearing. If adopted on second reading, the City will forward the amendment within ten working days to the state land planning agency and any party that submitted written comments.
Within 30 days following the City's adoption of the amendment, any affected person may file a petition with the State Division of Administrative Hearings to request a hearing to challenge the amendment's compliance with Chapter 163, Florida Statutes. If not timely challenged, this amendment shall become effective 31 days after the state land planning agency notifies the City that the amendment package is complete. If timely challenged, this amendment shall become effective when the state land planning agency or the Administration Commission issues a final order determining that this amendment is in compliance with Chapter 163, Florida Statutes. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before this amendment has become effective.