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REZONING AND IMPOSING THE SIGNIFICANT ECOLOGICAL COMMUNITIES OVERLAY DISTRICT ON CERTAIN PROPERTIES IN SOUTHEAST GAINESVILLE (B)
Ordinance No. 0-06-58, Petition No. 23ZON-06PB(A)
An ordinance of the City of Gainesville, Florida, amending the Zoning Map Atlas by rezoning and imposing the Significant Ecological Communities Overlay District category on certain properties zoned RMF-5 (12 units/acre residential low density district), RMF-6 (8-15 units/acre multiple-family residential district), RSF-1 (3.5 units/acre single-family residential district), RSF-4 (8 units/acre single-family residential district), CON (Conservation district) and MU-1 (8-30 units/acre mixed use low intensity) consisting of Tax Parcels 11243-000-000, 11283-000-000, 11284-000-000, 11286-000-000, 11287-000-000, 11288-000-000, 11356-000,000 and 16073-000-000 (totaling approximately 47 acres in size), and generally located east of Southeast 24th Street between East University Avenue and Southeast Hawthorne Road, as more specifically described in this ordinance; making findings; providing directions to the City Manager; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission: (1) hear a presentation from staff; and (2) adopt the proposed ordinance.
explanation
COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT
On August 28, 2003, the City Plan Board made a final recommendation for a petition to the City Commission to establish a Significant Ecological Communities ordinance. The City Commission adopted this ordinance on second reading at their November 8, 2004 meeting.
The next step necessary to implement this ordinance was to rezone parcels ranked "outstanding" and "high" so that the Significant Ecological Communities regulations become an overlay to the land development regulations that apply to these parcels.
As an overlay district, the Significant Ecological Communities regulations operate in conjunction with any underlying zoning district regulations for the subject parcels. The regulations of the underlying zoning district, and all other applicable regulations, will remain in effect and be further regulated by the Significant Ecological Communities regulations. If the provisions of the Significant Ecological Communities regulations conflict with the underlying zoning regulations, the provisions of the Significant Ecological Communities regulations shall prevail.
Public notice was published in the Gainesville Sun on February 28, 2006. Letters were mailed to surrounding property owners on March 1, 2006. The Plan Board held a public hearing March 16, 2006.
The Plan Board heard and approved the Petition, with the recommendation that staff meet with Mr. Nichols, owner of Tax Parcel 15975-000-00, to hear his concerns and explain the overlay in detail. Staff met with Mr. Nichols on March 30, 2006 and described in detail how the proposed regulations might affect the residential development he is considering for his property.
On May 8, 2006, the City Commission heard and approved the Petition.
CITY ATTORNEY MEMORANDUM
The parcels that comprise Petition No. 23 ZON-06 PB have been split into three ordinances based on the geographic proximity of the parcels and the connectivity of environmental features and functions of the parcels. This is the first of the three ordinances.
This ordinance requires two readings. Should the Commission adopt the ordinance on first reading, the second and final reading will be July 9, 2007.