title
REZONING - PLANNED DEVELOPMENT (B)
Ordinance No. 100897, Petition No. PB-11-08 PDV
An Ordinance of the City of Gainesville, Florida; rezoning certain lands within the City, as more specifically described in this ordinance; by amending the Zoning Map Atlas to change the zoning districts from "General business district (BUS)", "Automotive-oriented business district (BA)", "Mixed use low intensity district (MU-1)" and "Residential low density district (RMF-5)" to "Planned Development (PD)" on certain property located at 303 Northwest 13th Street, 1249 and 1227 Northwest 4th Avenue commonly referred to as "Gainesville Mixed-Use on NW 13th Street PD"; adopting a development plan report and development plan maps; providing conditions, restrictions and regulations; providing for enforcement; providing a severability 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 rezoning to change the zoning districts of certain property from "General business district (BUS)", "Automotive-oriented business district (BA)", "Mixed use low intensity district (MU-1)" and "Residential low density district (RMF-5)" to "Planned Development (PD)". 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 BA zoning 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 BUS and MU-1 zoning 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 RMF-5 zoning, 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 that comprise the 1.53-acre property are located within the Traditional City Special Area Plan area, as well as the Fifth Avenue/Pleasant Street Community Redevelopment Area.
The purpose of the proposed rezoning (and related land use amendment) is to enable the applicant to construct a mixed-use redevelopment project that would include retail, office and multiple-family residential uses. Specifically, the planned development is proposed for 168 dwelling units, up to 26,000 square feet of commercial retail, and between 5,000 and 20,000 square feet of offices. The list of permitted uses is a subset of the uses currently permitted in the UMU-2 zoning district, omitting certain uses such as rooming houses, day care facilities, limited automotive services, and drive-throughs. The uses will be located within an eight-story building on N.W.13th Street that will transition eastward to a lower maximum height of 60 feet and then to a small surface parking area. The development will utilize a parking garage that will be accessed from entrances on NW 3rd and 4th Avenues. Solid waste collection and freight access will be contained within the garage. A proposed masonry wall will be constructed on the east end of the development that will screen the surface parking from the street and adjacent properties.
Further details of the proposed PD are shown on the PD Layout Plan Map and described in the PD Report, both of which are made a part of this ordinance.
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 5-0, approved the petition with changes to the PD conditions.
A related petition (PB-11-20 PUD) and ordinance (No. 100896) propose to overlay the land use category of "Planned Use District (PUD)" on this property.
CITY ATTORNEY MEMORANDUM
Should this ordinance pass on first reading, second and final reading will be held on January 19, 2012. This ordinance shall become effective immediately upon final adoption; however, the rezoning shall not become effective until the amendment to the City of Gainesville Comprehensive Plan adopted by Ordinance No. 100896 becomes effective as provided therein.