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LAND USE CHANGE - VICINITY OF 2001 NE 2ND ST (B)
Ordinance No. 0-04-63, Petition 101LUC-04PB
An ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan, Future Land Use Map; by changing the land use category of certain property from "Residential Medium-Density (8-30 units per acre)" to "Residential Low-Density (up to 12 units per acre)"; located at 2001 Northeast 2nd Street; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission: 1) approve Petition No. 101LUC-04PB and, 2) adopt the proposed ordinance.
explanation
STAFF REPORT
The request of this petition is to change the land use from RM to RL (Residential Low Density, up to 12 units per acre) on approximately 6.49-acre vacant property located at 2001 Northeast 2nd Street. This change is requested in order to allow for the development of a single-family residential development at a slightly lower density than would be allowed with the current land use and zoning designations.
The property is located within Zone A of the Gainesville Transportation Concurrency Exception Area (TCEA) and is excepted from transportation concurrency for roadway level of service standards. However, any use proposed for the area would have to meet policy requirements to address transportation needs. The number of new average daily trips that will be generated by any use that may be proposed for the site has yet to be determined, but the proposed land use will likely generate fewer trips than the existing RM land use. This site is within the Gainesville Regional Transit System main bus service area, and is served by the demand-responsive service administered by MV Transportation. Water and sanitary sewer service are also available at the site.
Stormwater management will be addressed at the time of development plan approval if necessary. Land use changes are not required to meet concurrency requirements, and do not vest for concurrency, which will be determined at the time of any future development plan approval.
The Wellfield District maps indicate that the subject property falls within the Tertiary Zone. New development would require a Wellfield Protection Permit or a Wellfield Protection Special Use Permit from the City Commission, unless the proposal is exempt. The property is not within the 100-year floodplain and is not located in any other adopted environmental overlay district.
The subject property is located between two residential developments. The general character of the properties on the east side of N.E. 2nd Street is residential. The use and development of the PD property to the north is limited to a minimum of 5 dwelling units per acre and a maximum of 10 dwelling units per acre. The uses that are allowed in the PD approximate the uses allowed in the RMF-6 zoning district. The single-family area to the east of the subject property is protected from uses on the subject property by a 60-foot buffer. The maximum density allowed in the proposed RL land use category and subsequent RMF-5 zoning district is less than the maximum density allowed for the current RM land use and RMF-6 zoning. The nearby commercial areas will not be negatively impacted by this proposed land use change. The proposed land use change will facilitate development of this long-vacant property and will thus promote urban infill.
There has been no recent zoning activity associated with the subject property. Prior to 1992, the zoning for this property was RMF-6.
The Plan Board heard the petition and recommended that it be approved.
Public notice was published in the Gainesville Sun on May 31, 2004. Letters were mailed to surrounding property owners on June 2, 2004. The Plan Board held a public hearing June 17, 2004. Planning Division staff recommended that the Plan Board approve the petition. The Plan Board recommended that the City Commission approve Petition 101LUC-04 PB. Plan Board vote 6-0.
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.