title
SMALL-SCALE LAND USE CHANGE - PARCEL LOCATED ON NEWBERRY ROAD GENERALLY WEST AND SOUTH OF NW 39th ROAD AND EAST OF NW 43RD STREET (B)
Ordinance No. 140368, Petition No. PB-14-51 LUC
An ordinance amending the Future Land Use Map of the City of Gainesville Comprehensive Plan by changing the land use category of approximately 5.0 acres of property located on Newberry Road generally south and west of NW 39th Road and east of NW 43rd Street, as more specifically described in this ordinance, from Residential Low-Density (RL) to Mixed-Use Low-Intensity (MUL); 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
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT REPORT
This ordinance is a small-scale Future Land Use Map amendment that changes the land use category of approximately 5.0 acres of undeveloped property from Residential Low-Density (RL) to Mixed-Use Low-Intensity (MUL). The subject property is located on Newberry Road generally south and west of NW 39th Road and east of NW 43rd Street, on the north side of Newberry Road west of NW 39th Road and east of SW 43rd Street. The parent parcel is owned by Holy Faith Catholic Church, with the church sanctuary and ancillary buildings located north of the subject property.
Properties immediately to the west and east of the subject property are developed with office uses, including medical offices, a bank, general offices, and an insurance office. The area immediately to the south across Newberry Road is developed with medical offices. Property to the east of the subject property has an Office land use category; to the south, a Planned Use District (PUD) land use category; to the west, a Mixed-Use Medium-Intensity land use category; and other surrounding areas have Single-Family and Office land use categories.
The existing RL land use category allows small-scale residential development (up to a maximum density of 12 units per acre) in the form of single-family, duplexes, triplexes, quadruplexes, or townhouse/rowhouse attached units. The requested MUL land use category will allow a mixture of residential (with a density limit of 8-30 units per acre) and non-residential uses with a building height limit of 5 stories or 8 stories by Special Use Permit. The requested MUL land use category, as implemented by the Mixed-Use Low-Intensity (MU-1) zoning district, will allow many non-residential uses, including but not limited to convenience-type commercial/retail uses, food stores, gas stations, auto and home supply stores, home furnishings, apparel stores, and professional and consumer services. In addition, alcoholic beverage establishments and hotels/motels would be allowed by Special Use Permit.
City staff recommended against the adoption of this ordinance's associated petition in a report dated September 25, 2014. On September 25, 2014, a public hearing was held by the City Plan Board, which acts as the local planning agency pursuant to Section 163.3174, Florida Statutes, where it voted 3-2 to recommend against the adoption of this ordinance. On November 6, 2014, the City Commission held a public hearing regarding this ordinance's associated petition and voted to approve the petition and to authorize the City Attorney to prepare this ordinance.
CITY ATTORNEY MEMORANDUM
This proposed amendment to the Comprehensive Plan involves a use of 10 acres or fewer and qualifies as a small-scale development amendment. The City Commission may adopt small-scale development amendments with a single public hearing.
Within 30 days following the City's adoption of this amendment, any affected person may file a petition with the State Division of Administrative Hearings to request a hearing to challenge the compliance of this amendment with Chapter 163, Florida Statutes. If challenged within 30 days after adoption, this amendment shall not become effective until the state land planning agency or the Administration Commission issues a final order determining that the adopted amendment is in compliance with Chapter 163, Florida Statutes. If unchallenged, this amendment shall become effective 31 days after adoption.