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LAND USE CHANGE - PLUM CREEK (B)
Ordinance No. 0-07-119, Petition 28LUC-07PB
An Ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan Future Land Use Plan and Map; changing the land use categories of certain property from the Alachua County land use category of "Rural/Agriculture" and the City of Gainesville land use category of "Agriculture" to the land use categories of "Single-Family (up to 8 units per acre)", "Residential Low-Density (up to 12 units per acre)," and "Conservation", and by overlaying the "Planned Use District" category over certain portions of the property, as more specifically described and shown in this ordinance, consisting of approximately 1778 acres; generally located north of U.S. 441 and Northwest 74th Place lying east and west of SR 121 and CR 231, and south of Northwest 121st Avenue; providing for time limitations; creating and adopting Policy 4.3.4; providing directions to the City Manager; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission: (1) receive the report of the Department of Community Affairs; and (2) adopt the proposed ordinance as amended.
explanation
PLANNING & DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT
On June 9, 2008, the City Commission approved this ordinance for transmittal to the Florida Department of Community Affairs (DCA) for review in accordance with state law. On August 26, 2008, DCA issued its Objections, Recommendation and Comments (ORC) Report to the City (attached as Exhibit "A"). In the ORC Report, DCA objected that the comprehensive plan amendment was not in compliance with Sections 163 and 187, Florida Statutes, and various sections of Rule 9J-5, Florida Administrative Code. Planning staff reviewed the DCA's Report with City legal staff and has met with the applicant, and to address the Report has made numerous changes to Policy 4.3.4 (the proposed Future Land Use Element policy pertaining to the subject property). Among the proposed changes is the addition of the Residential Low Density land use category (365 acres), a decrease in Single-Family land use area (from 1,080 to 545 acres), an increase in Conservation land use area (from 608 to 700 acres), an increase in PUD land use area (from 90 to 167 acres), and a decrease in the number of PUD areas from two to one. The City staff response to the ORC Report is attached as Exhibit "B".
Pursuant to Section 163.3184(7)(a), Florida Statutes, the City has 60 days from receipt of the ORC report (in this case August 26, 2008) to "adopt the amendment, adopt the amendment with changes, or determine that it will not adopt the amendment." The adoption hearing was scheduled by the City for October 16, 2008. On October 6, 2008, the City received a letter from the applicant's attorney (attached as Exhibit "C") requesting a continuation of the adoption reading to allow sufficient time to respond to the ORC Report.
The City Commission held a public hearing on the Ordinance on October 16, 2008, and approved 1) continuing the Ordinance until the adoption hearing for the DCA No. 08-02 cycle; and 2) directed staff to communicate with the petitioner.
BACKGROUND
The 1,778-acre subject property is in the northwest portion of Gainesville. All except approximately 460 acres in the southern part of the subject property were annexed into the city on February 12, 2007. The property is north of NW 53rd Avenue, is largely split by State Road 121 (which, south of NW 53rd Avenue, is NW 34th Street), and is bounded to the southwest by NW 13th Street (US 441).
Adjacent to the west of the subject property is the Deerhaven Power Plant operated by Gainesville Regional Utilities. Most of the property adjacent to the east and west of the subject property is undeveloped or pine plantation (silviculture). The subject property is currently used for silviculture operations and both the subject property and surrounding areas are rural in character. One of the most noteworthy features of the subject property is that at least a third of it is wetland. The property has important environmental features and the headwaters for three creek systems/basins are within it.
The applicant proposes to establish City land use designations for this recently-annexed property. Those designations would be SF (Single-Family, up to 8 dwelling units per acre), Residential Low-Density (up to 12 units per acre), CON (Conservation, up to one dwelling unit per five acres), and PUD (Planned Use District). Currently, the subject property carries the Alachua County land use designation of Rural/Agriculture (allowing up to one dwelling unit per five acres).
The PUD designation, if approved, will establish the land use for what the applicant proposes to be a future, mixed-use development consisting of up to 100,000 square feet of non-residential uses, of which 80,000 square feet can be commercial uses. The PUD designation would apply to approximately 9 percent (167 acres) of the 1,778 acres, and be located along the west side of SR 121 in the southern half of the property. A minimum density of 4 residential units per acre (668 residential units) is required for the PUD land use area. Transfer of residential density from the Residential Low-Density and the Single-Family land use areas to the PUD land use area may be approved during the required re-zonings to PD (Planned development district).
Approximately 39 percent (701 acres) of the 1,778-acre subject property is proposed for Conservation land use, 31 percent (545 acres) for Single-Family Residential land use, and 21 percent (365 acres) of the 1, 778 acres is proposed for Residential Low-Density land use.
Proposed Policy 4.3.4, among its many provisions, would prohibit the construction of residential units within parcels designated Conservation (the City normally allows up to one single-family residential unit per five acres in the Conservation zoning district). The policy would also require that future development of parcels designated Single-Family Residential or Residential Low-Density land use could not occur until the parcel would be given a Planned Development zoning designation (which requires, among other things, that an ordinance be adopted describing development parameters for the parcel). The maximum residential density allowed in the Single-Family land use areas is 1 residential unit per 2.5 acres (0.4 units per acre) up to a maximum of 218 units. The maximum residential density allowed in the Residential Low-Density land use areas is 2.75 units per acre, up to a maximum of 1,004 residential units. Any transfers of residential density from the Single-Family or Residential Low-Density land use areas to the PUD land use area shall reduce the overall number of units allowed in those land use areas by the number of residential units transferred. The maximum residential development of the entire 1,778-acre subject property shall not exceed 1,890 residential units.
The subject property, before annexation into the city, was designated a Strategic Ecosystem by Alachua County. There are two strategic ecosystems found on the subject property and identified by Alachua County: Buck Bay east of State Road 121 and Hague Flatwoods west of 121. These ecosystems are valuable not because they are pristine, but because they are a major headwaters area within the county. Wetlands, wetland buffers, floodplain and upland habitat areas that are to be protected shall be identified as conservation management areas and protected by a perpetual conservation easement or a tax exempt land trust, as determined by the City.
State Road 121 is the arterial serving the Plum Creek development. Based on the lowest traffic estimates that were provided by the applicant (which subtracts out a substantial number of trips for floodplain/wetlands on the site), the SR 121 road segment can only handle about a quarter of the total trips for the development and meet concurrency. The current capacity of SR 121 is 7,286 average daily trips. The initial traffic study provided by the applicant is estimated (the low estimate) to generate 23,096 average daily trips at build-out. One of the most significant problems with the application for this petition, from the point of view of City staff, is that a full traffic study has not been provided for the land use amendment. The Florida Department of Transportation (FDOT) and Alachua County also had several problems with the information submitted by the applicant for the proposed development, and the impacts that would result.
Updated information from the Alachua County Public Schools (ACPS) was provided in a letter dated January 14, 2009 (attached as Exhibit "D"). The letter concluded that projected student demand resulting from LandMar development at the elementary, middle and high school levels can reasonably be accommodated for the five-, ten- and twenty-year planning periods and is consistent with the Public School Facilities Element based upon School District Projections and their District Plan. It does not constitute a school capacity availability determination or concurrency certification, does not reserve school capacity for LandMar, and does not vest LandMar for school concurrency.
After public notice was published in the Gainesville Sun on August 1, 2007, the Plan Board held a public hearing August 16, 2007, and the Plan Board discussed the petition, heard public comments, expressed serious concerns about environmental issues, traffic, schools, fiscal and sprawl impacts, and recommended that the requested land use changes be denied. On December 10, 2007, the City Commission approved the petition. On June 9, 2008, the City Commission approved this ordinance on first reading. The City Commission held a public hearing on the ordinance October 16, 2008 and continued the adoption hearing to the DCA No. 08-02 cycle.
CITY ATTORNEY MEMORANDUM
Florida Statutes set forth the procedure for adoption of an amendment to the Comprehensive Plan. This is the second hearing at the adoption stage of the ordinance, and the hearing was advertised at least five days before the adoption hearing.
The proposed amendment to the Comprehensive Plan was transmitted to the State Department of Community Affairs (DCA) for written comment. Any comments, recommendations or objections of the DCA must be considered by the Commission at the adoption hearing. The City Commission may adopt the ordinance, adopt the ordinance as amended, or not adopt the ordinance.
Following second reading, if the ordinance adopted or adopted with amendments, the 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.
Footnote: Original petition filed by the Petitioner and the ordinance at First Reading erroneously stated that the acreage consisted of 1754 acres. In fact the maps and area consist of 1778 acres as determined by a more recent survey. The ordinance has therefore been revised.