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PLANNED DEVELOPMENT - SHOPPES AT PINEWOOD (B)
Ordinance No. 0-06-25, Petition No. 128ZON-05PB
An Ordinance of the City of Gainesville, Florida; rezoning certain lands within the City and amending the Zoning Map Atlas from "CON: Conservation district" to "Planned Development District"; located in the 6600 block of Northwest 23rd Terrace (Southwest corner of US 441 and Northwest 23rd Terrace); adopting a development plan report and development plan maps; providing conditions and restrictions; providing for enforcement; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
COMMUNITY DEVELOPMENT STAFF MEMORANDUM
The subject property is approximately 5.28 acres in size. It is presently undeveloped and covered with vegetation consisting primarily of pine trees. Northwest 23rd Terrace abuts the subject property on the north. A stormwater management facility associated with the Northwood Village Shopping Center abuts on the south. Northwest 13th Street (US 441) abuts on the east. The Hampton Court Apartments multiple-family residential development abuts on the west.
Across Northwest 23rd Terrace is vacant property zoned PD (Planned development district), and the North Pointe Villas multiple-family development zoned RMF-7 (Multiple-family medium density residential district: 8-21 du/acre). Northwood Village Shopping Center, which is zoned MU-2 (Mixed use medium intensity district), abuts on the south. Across Northwest 13th Street are properties zoned I-1 (Limited industrial district) and I-2 (General industrial district). The Hampton Court Apartments, which is zoned RMF-7 (Multiple-family medium density residential district: 8-21 du/acre), abuts the subject property on the west.
The subject property is located within the Tertiary Zone of the Murphree Wellfield District. Gainesville Regional Utilities (GRU) and the Alachua County Environmental Protection Department (ACEPD) have approved the applicant's Wellfield Exemption request subject to their review and approval of associated development plans, and the condition that individual tenants must comply with the City's wellfield regulations. The subject property is not located within the City's Transportation Concurrency Exception Area (TCEA).
The proposed development involves the phased construction of 1 to 2-story commercial buildings for a variety of uses allowed in BUS (General business district), excluding adult entertainment establishments. Architectural guidelines are proposed that require buildings to be oriented towards the street. A driveway connection is proposed on Northwest 23rd Terrace and Northwest 13th Street (US 441). No driveway connection is possible between the subject property and Northwood Village Shopping Center due to an existing stormwater management facility. Off-street parking, landscaping and stormwater management facilities are also proposed.
The applicant has requested that the subject property be rezoned to PD because the permitted uses and dimensional requirements in the CON zoning district are not conducive to constructing a commercial center. The CON zoning was applied to the subject property only because the ordinance that implemented the previous PD zoning classification became invalid. This zoning classification was not applied based upon findings that indicated the subject property was "environmentally significant land," which is used in Section 30-73 of the City Land Development Code to describe land for which this zoning classification is truly intended.
According to the applicant, the PD (Planned Development District) zoning classification will better facilitate the construction of the commercial center by allowing special dimensional requirements to address the small size of the subject property. The applicant also believes that the PD zoning classification will facilitate the construction of a pedestrian-scaled development featuring sidewalk connections, buildings that face the street; street-side glazing and other features without being impeded by dimensional requirements typically found in other zoning districts.
The City Plan Board considered the above-referenced petition, at a public hearing held October 20, 2005. By a vote of 4-0, the City Plan Board approved Petition 128ZON-05PB with staff conditions and: 1. Modifying Condition 2 to state that outdoor storage will be permitted by a Special Use Permit in accordance with Section 30-67 of the Land Development Code; 2. Modifying Condition 5 to remove "TCEA (" and "Exception Area"); 3. Adding a condition that a maximum of 25 percent of the linear frontage on US 441 may consist of parking that is not within 100 feet of the roadway; and 4. Adding a condition that the final development plan return to the Plan Board rather than the Development Review Board.
Public notice was published in the Gainesville Sun on October 4, 2005. Letters were mailed to surrounding property owners on October 5, 2005. The Plan Board held a public hearing October 20, 2005.
CITY ATTORNEY MEMORANDUM
The City Commission, at its meeting of December 12, 2005, authorized the City Attorney to draft the proposed ordinance rezoning certain property to Planned Development District.