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LAND USE CHANGE - TOWNHOMES OF WESTWOOD, LLC (B)
Ordinance No. 0-09-43, Petition PZ-09-129LUC
An Ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan; by changing the land use category of certain properties, as more specifically described in this ordinance, from the Alachua County land use category of "Medium High Density Residential (8-14 DU/acre)" to City of Gainesville "Residential Medium Density (8-30 units per acre)" and "Conservation," generally located southwest of the intersection of Southwest 20th Avenue and Southwest 43rd Street; 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 that offers no objections, recommendations or comments to this ordinance; and (2) adopt the proposed ordinance.
explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT
This petition is a large-scale land use amendment to change the Future Land Use category from an Alachua County designation to a City of Gainesville designation. The City of Gainesville annexed this 13.03-acre area on November 26, 2007. The subject property consists of six parcels under common ownership, all of which are currently landlocked and undeveloped. These parcels are located southwest of the intersection of SW 20th Avenue and SW 43rd Street.
This area is currently designated as Alachua County Medium High Density Residential (8 to 14 dwelling units/acre) future land use with Multiple-family, medium-high density (R-2A) zoning, which allows 8 to 14 dwelling units per acre.
There were two City of Gainesville land uses proposed by the petitioner. On the northwestern portion of the site, 2.88 acres of Conservation land use was proposed, with the boundary established by a surveyed wetland line. South of the wetland line, 10.15 acres of Residential Medium-Density (8-30 units per acre) was proposed.
Staff recommended a modification of the boundary between the future land uses. Staff's proposal expanded the lands designated Conservation to provide additional protection for Hogtown Creek, the wetlands, and the ten-year flood channel and takes into consideration Alachua County's Strategic Ecosystem designation. The modified line is parallel to an existing, surveyed power line easement that crosses the property. The staff modification resulted in approximately 3.77 acres of designated Conservation future land use and 9.24 acres of Residential Medium-Density future land use.
Under the Alachua County Medium Density Residential (8-14 dwelling units/acre) land use designation, the applicant would be allowed from 104 to 182 units on 10.15 acres, calculated using the entire 13.03 acre site. The City proposed Residential Medium Density (8 - 30 units per acre) land use would allow a range of 74 - 277 units per acre on 9.24 acres. The higher range of the City land use would have to be achieved using either density bonus points or by Planned Development (PD) zoning district.
Public notice was published in the Gainesville Sun on April 7, 2009. The Plan Board held a public hearing on April 23, 2009, and after considerable debate regarding the environmental issues on the site, including wetlands, the ten-year flood channel, and the County's Strategic Ecosystem designation, recommended, by a vote of 6-0, that the City Commission approve the staff recommendation.
On July 2, 2009, the City Commission held a public hearing on the petition and, by a vote of 5-0, approved the petition as modified by the staff recommendation.
CITY ATTORNEY MEMORANDUM
Florida Statutes set forth the procedure for adoption of an amendment to the Comprehensive Plan. The first hearing was held at the transmittal stage and was advertised seven days prior to the first public hearing.
This ordinance was passed on first reading by the City Commission on August 20, 2009. The proposed amendment to the Comprehensive Plan was transmitted to the State Department of Community Affairs (DCA) for written comment as part of the DCA 09-02 cycle. On October 29, 2009, DCA issued its Objections, Recommendations and Comments (ORC) Report to the City. In the ORC Report, the DCA offered no objection, recommendation or comment with respect to this ordinance. A copy of the ORC Report is on file with the Clerk of the Commission and the Department of Planning and Development Services.
Pursuant to Section 163.3184(7)(a), Florida Statutes, the City has 60 days from receipt of the ORC Report to "adopt the amendment, adopt the amendment with changes or determine that it will not adopt the amendment."
Following second reading, 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.