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COMPREHENSIVE PLAN AMENDMENT - AMENDMENTS TO URBAN MIXED-USE CATEGORIES (B)
Ordinance No. 0-06-119; Petition 140CPA-06 PB
An ordinance of the City of Gainesville, Florida, amending the Future Land Use Element of the City of Gainesville 2000-2010 Comprehensive Plan, amending Policy 4.7.1 to assign implementing zoning districts to the Urban Mixed-Use 1 (UMU-1) and Urban Mixed-Use 2 (UMU-2) future land use categories; 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 as amended.
explanation
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
On November 14, 2003, the City Commission approved Ordinances No. 041047 and 041058, adding two new land use and zoning categories, Urban Mixed-Use 1 (UMU-1) and Urban Mixed-Use 2 (UMU-2), to the City of Gainesville 2000-2010 Comprehensive Plan and the City of Gainesville Land Development Code. The zoning districts of UMU-1, UMU-2, Conservation (CON), Public Services and Operations (PS), and Planned Development (PD) are recommended to be assigned to the new land use categories because they are compatible with the objectives of the categories and help implement the categories. This petition adds the assigned districts to Policy 4.7.1 of the City of Gainesville 2000-2010 Comprehensive Plan.
Public notice was published in the Gainesville Sun on September 5, 2006. The Plan Board held a public hearing September 21, 2006. Planning Division staff recommended that the Plan Board approve the petition. The Plan Board, by a vote of 4-0, recommended that the City Commission approve Petition 140CPA-06 PB.
CITY ATTORNEY MEMORANDUM
Upon approval by the Plan Board on September 21, 2006, the Community Development Department requested the City Attorney's Office prepare the appropriate ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan.
On May 14, 2007, the City Commission approved the petition and first reading of this ordinance by a vote of 7-0. As required by state law, this ordinance for an amendment to the Comprehensive Plan was transmitted to the State Department of Community Affairs (DCA) for review.
As result of its formal review, DCA issued a letter dated August 2, 2007. DCA raised no objections to the proposed amendment, but did comment as follows on Petition 140CPA-07PB: "While the Department raises no objections to the proposed amendment, the Department does have comments. Regarding the Urban Mixed Use 1 and Urban Mixed Use 2 future land use categories, the Department comments these categories lack the required distribution of the mix of land uses for mixed use categories. Additionally, the City may wish to change the language for the increase in building height for projects to reference the more rigorous planned development process rather than the special use permit." A copy of DCA's letter (DCA Reference No. 07-1, which includes two unrelated Comprehensive Plan amendments), is attached to this memorandum. The City may now proceed with the final adoption of this ordinance.
The DCA comments are advisory only and do not necessitate a change in the proposed land use amendment. The subject petition (140CPA-07PB) is limited to changes to Future Land Use Element Policy 4.7.1, and does not include any text changes to the Urban Mixed-Use 1 and Urban Mixed Use 2 future land use categories, which is where the building height language appears.
City Planning staff is also recommending that the existing scrivener's error in Policy 4.7.1 be corrected by replacing the term "Planned Unit Development" with "Planned Use District" so that this policy correctly lists the Planned Use District (PUD) future land use category.
Florida Statutes set forth the procedure for final adoption of an amendment to the Comprehensive Plan. The second hearing will be held at the adoption stage (second reading) of the ordinance and must be advertised approximately five (5) days after the day that the second advertisement is published.
Following second reading, the Comprehensive 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.
Fiscal Note. None.