title
COMPREHENSIVE PLAN AMENDMENT - PLANNED USE DISTRICT ON NW 13TH STREET (B)
Ordinance No. 100896; Petition No. PB-11-20 PUD
An ordinance amending the City of Gainesville Comprehensive Plan, Future Land Use Map; by overlaying the City of Gainesville land use category Planned Use District (PUD) over property located at 303 Northwest 13th Street, 1249 Northwest 4th Avenue and 1227 Northwest 4th Avenue with the underlying land use categories of "Commercial (C)", Mixed-Use Low-Intensity (8-30 units per acre) (MUL)" and "Residential Low-Density (up to 12 units per acre) (RL)"; providing conditions, restrictions and regulations; 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 STAFF REPORT
This ordinance is a request for a small-scale land use amendment to overlay the Planned Use District (PUD) future land use category over certain property with the underlying future land use categories of Commercial (C), Mixed-Use Low-Intensity 8-30 units per acre (MUL), and Residential Low-Density up to 12 units per acre (RL). The property includes three parcels that total approximately 1.53 acres in size. The parcel at 303 N.W. 13th Street is approximately .03 acres in size, has Commercial land use and is the site of a vacant car wash. The parcel located at 1249 N.W. 4th Avenue is approximately 0.9 acres in size, has both Commercial and Mixed-Use Low Intensity (8-30 units per acre) land use designations and is the site of a bookstore, an Army National Guard recruitment office, and a place of religious assembly. The parcel located at 1227 N.W. 4th Avenue is approximately .03 acres in size, has Residential Low-Density (up to 12 units per acre) land use, is within the University Heights Historic District - North and is the site of a single-family dwelling unit that is considered a contributing structure to the historical character of the district. All three of the parcels are located within the Traditional City Special Area Plan area, as well as the Fifth Avenue/Pleasant Street Community Redevelopment Area.
This proposed land use amendment promotes redevelopment along the NW 13th Street corridor. The development proposal for this PUD includes retail, office and residential multiple-family dwellings. This unique mix of uses and compact, urban infill development make this project suitable for the PUD land use designation. The proposed PUD land use amendment includes conditions recommended by staff and the Plan Board to improve compatibility and harmony with adjacent properties.
Public notice was published in the Gainesville Sun on March 8, 2011. On March 24, 2011, the City Plan Board heard the petition and, by a vote of 6-0, recommended the City Commission approve the petition, with amendments to the conditions. The City Commission heard the petition on May 5, 2011, and by a vote of 6-0, approved the petition with further amendments to the PUD conditions.
A related petition (PB-11-08 PDV) and ordinance (100897) propose to rezone the property to the "Planned Development (PD)" zoning district.
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.