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BUTLER PLAZA PLANNED DEVELOPMENT (PD) REZONING (B)
Ordinance No. 090538, Petition PB-09-84 PDV
An ordinance of the City of Gainesville, Florida, amending the Zoning Map Atlas by rezoning certain property within the City, commonly referred to as "Butler Plaza" and generally located between Southwest Archer Road and Southwest 24th Avenue, and between Southwest 40th Boulevard and Southwest 34th Street as more specifically described in this Ordinance, from the Alachua County zoning districts of "Automotive Oriented Business" (BA), "Retail Sales and Services" (BR), "Highway Oriented Businesses" (BH), "Manufactured/Mobile Home Park" (RM), "Manufacturing and Services Industrial" (MS), "Residential Multi-Family" (R-2), "Residential Multi-Family" (R-3), "Residential Single Family" (R-1C), "Residential and Professional" (RP) to City of Gainesville "Planned Development" (PD) zoning district; adopting a development plan report and development plan maps; providing conditions, restrictions and regulations; providing for enforcement and penalties; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
1) The City Commission adopt the proposed ordinance, as amended on first reading and as further revised on second reading; 2) approve the Traffic Enforcement Agreement with S. Clark Butler Properties Ltd. and the Traffic Enforcement Agreement with Regency Windmeadows Limited Partnership and authorize the City Manager to execute both Agreements, subject to review, as to form and legality, by the City Attorney; and 3) approve the Agreement to Construct Transit Transfer Station and Park-and-Ride Lot and authorize the City Manager to execute the Agreement, subject to review as to form and legality by the City Attorney.
explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT
This is a request by the petitioners to rezone certain property to the City of Gainesville zoning district of Planned Development District (PD). The property, which is commonly referred to as "Butler Plaza," was voluntarily annexed into the City by Ordinance No. 070722 adopted April 28, 2008. The land use of the property was designated Planned Use District (PUD) by City Ordinance No. 090537 adopted August 5, 2010. This rezoning to PD is consistent with and is intended to implement the PUD land use.
The proposed PD totals approximately 264 acres, and is located generally on the north side of Archer Road and to the west of SW 34th Street. The PD property extends north to the newly constructed SW 24th Avenue and in one location extends west to Interstate 75. The current developed portion (approximately 108 acres) contains over 1 million square feet of commercial retail uses which are contained in several adjacent shopping plazas and multiple outparcels located along Archer Road. This existing development is accessed by a series of public and private streets that connect from Archer Road northward to Windmeadows Boulevard. The remaining undeveloped portion of the property consists of approximately 156 acres.
The PD zoning district was established specifically to allow for unique proposals which are not provided for by the standard zoning districts. Section 30-213 of the City's Land Development Code sets forth the minimum requirements for a rezoning to PD. In accordance with Section 30-216 of the City's Land Development Code, a proposal to rezone to the PD district shall also consider general conformance with the Comprehensive Plan, concurrency requirements, internal and external compatibility, intensity of development, usable open space, environmental constraints, transportation access and the provision for a range of transportation choices. The PD Report attached as Exhibit "D" to the Ordinance addresses these requirements.
In summary, this PD consists of seven "Districts" which allow for various commercial, retail, service, office, hotel/motel and multiple-family residential uses. The maximum development intensity allowed is set forth in the PUD Ordinance as 2,500,408 square feet of commercial, 250,000 square feet of office, 500 hotel/motel rooms and 1,000 multiple-family residential units. However, both the PUD and PD allow for some substitution of uses. The PD requires a number of a bicycle, pedestrian, transit and road/vehicular infrastructure and improvements to be made by the owner/developer at certain stages during the development/build-out of the PD. The PD is regulated by the conditions, restrictions and regulations set forth in this Ordinance and its exhibits, which include a PD Report, PD Layout Map, and other maps, text and graphics.
The City Plan Board reviewed both the proposed PUD land use change and the PD rezoning during three special meetings on September 21, September 29 and October 7, 2009, and the Plan Board, by a vote of 6-1, recommended the City Commission approve the PD with modified conditions.
The City Commission held public hearings on November 30 and December 1, 2009; however, the discussion focused on the PUD land use change. The City Commission directed staff to update the proposed PD conditions to be consistent with the PUD land use change.
On August 19, 2010, the City Commission heard the PD rezoning petition, revised conditions (in addition to the revisions recommended by the Plan Board) and referred various matters to staff and the petitioner for further review. On December 13, 2010, the City Commission again heard the petition and directed staff and the petitioner to work on a phasing plan and other issues. On May 9, 2011, the City Commission approved the PD rezoning petition by a vote of 6-1, and directed staff to draft this Ordinance making the PD Report and other exhibits consistent with the PD petition conditions that were discussed and approved by the City Commission.
On December 15, 2011, the City Commission heard this ordinance on first reading and adopted same with revised conditions 11 and 19 and deleted condition 23. In addition, at the hearing, a typographical error was discovered in Exhibit "F". Subsequently staff also discovered typographical errors in Condition 1.l. and in Condition 1.b.1. These errors have been corrected in the second reading version of this Ordinance. In addition, staff has clarified Section 3 of this Ordinance.
CITY ATTORNEY MEMORANDUM
This Ordinance passed on first reading on December 15, 2011 and second and final reading will be held on Thursday, January 5, 2012.