title
AMENDING THE FUTURE LAND USE ELEMENT BY ADDING A POLICY FOR THE URBAN VILLAGE (B)
Ordinance/Legistar No. 100697; Petition No. PB-10-142 CPA
An ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan Future Land Use Element by adding a new Policy 4.3.7 to regulate the Urban Village as mapped in the Future Land Use Element Map Series; providing directions to the city manager and the codifier; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission: (1) Receive and consider the letters from the Florida Department of Community Affairs, the Florida Department of Transportation and the Florida Department of State; (2) adopt the alternative ordinance as revised to add new language to be consistent with the Chapter Law 2011-139 and staff recommends approval of the alternative ordinance based upon the fact that it better states the intent of having a pedestrian-scaled, gridded street network in the Urban Village.
explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT
On May 5, 2011, the City Commission approved this ordinance by a vote of 7-0 and transmitted this ordinance as part of the Amendment No. 11-1 package to the Department of Community Affairs.
In accordance with the new growth management statutory law (House Bill 7207, now Chapter Law 2011-139) effective June 2, 2011, the Department of Community Affairs issued a letter dated June 6, 2011 stating it identified no comments related to important state resources and facilities that will be adversely impacted if this ordinance is adopted. The Florida Department of Transportation issued a letter dated June 15, 2011, and the letter contained no comments related to this ordinance that need to be addressed. The Florida Department of State issued a letter dated June 14, 2011 and the letter contained no comments related to this ordinance that needed to be addressed.
This ordinance amends the Future Land Use Element within the City's Comprehensive Plan to add a new policy to provide special regulations to support and implement the vision for redevelopment and infill development in the Urban Village. This ordinance is related to Ordinance No. 100696 that proposes adopting an Urban Village map into the Future Land Use Element Map Series; and Ordinance No. 100698 that designates City future land use categories on the properties within the Urban Village.
This new policy is being added in recognition of the long-term vision for this area and how it will develop and redevelop, especially in terms of transportation mobility. The original concept for this area, as recommended by vote of the Metropolitan Transportation Planning Organization (MTPO) in April 2008, was as a Multi-Modal Transportation District under former State law provisions. After annexation of the Urban Village area, it was included within the City's TCEA, as part of TCEA Zone M. Zone M was designated as a multi-modal zone. The proposed Urban Village policy regulations in this ordinance support that vision. The MTPO plan envisioned a build out/redevelopment of the area by 2050. In the current economic scenario, that may be an optimistic estimate. Staff suggests that the future development scenario for the Urban Village may extend as long as 50 - 60 years.
In order to ensure that redevelopment and infill development occur consistent with a unified urban strategy that promotes multi-modal opportunities, staff recommends that the proposed policy be included in the Future Land Use Element to guide future development activity.
Public notice was published in the Gainesville Sun on January 11, 2011. The City Plan Board held a public hearing on February 2, 2011 (continued from January 27, 2011) and, by a vote of 7-0, recommended the City Commission approve the petition, with amendments. On March 3, 2011, the City Commission approved the petition, by a vote of 7-0, with amendments.
CITY ATTORNEY MEMORANDUM
Florida Statutes set forth the procedure for adoption of an amendment to the Comprehensive Plan. The second hearing will be held at the adoption stage of the ordinance and must be held at least five (5) days after the day that the second advertisement is published.
In accordance with the new state growth management law (HB7207, now Chapter Law 2011-139) if the City fails to hold the second reading within 180 days of the receipt of agency comments, the amendment shall be deemed withdrawn.
This ordinance, if adopted on second reading will be transmitted to the state land planning agency and other agencies that provided comments to the City. The Plan amendment, if not timely challenged, shall be effective 31 days after the state land planning agency notifies the City that the plan amendment package is complete. If the Plan amendment is challenged, the amendment will become effective on the date the state land planning agency or the Administration Commission (Governor and Cabinet) enters a final order determining this adopted amendment is in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before this plan amendment has become effective. Since the first reading of this ordinance occurred prior to June 2, 2011, it is necessary to revise Section 7 of the ordinance (the effective date section) to conform to the new state law.