title
LAND USE CHANGE - 1500 NORTHWEST 45TH AVENUE (B)
Ordinance No. 0-09-40, Petition PZ-09-59LUC
An Ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan; by changing the land use categories of certain properties owned by the City, as more specifically described in this ordinance, from the City of Gainesville land use categories of "Commercial," "Single-Family (up to 8 units per acre)," "Residential Low-Density (up to 12 units per acre)" and "Residential Medium-Density (8-30 units per acre)"; to the City of Gainesville land use category of "Conservation"; consisting of approximately 61.60 acres, located in the vicinity of 1500 Northwest 45th Avenue; 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 to this ordinance; and (2) adopt the proposed ordinance.
explanation
STAFF REPORT
The purpose of this petition is to amend the land use on property located at 1500 Northwest 45th Avenue, tax parcel nos. 07883-010-004 and 07883-010-005. The subject property is approximately 61.6 acres, located at 1500 Northwest 45th Avenue. The request of this petition is to change the Future Land Use designation from Commercial, Single-Family (up to 8 units per acre), Residential Low-Density (up to 12 units per acre) and Residential Medium-Density (8-30 units per acre) to Conservation. This petition includes two tax parcels. Tax parcel 07883-010-005 is approximately 61.24 acres in size, less 8.8 acres that are not part of this petition. The subject parcel of approximately 52.44 acres is located roughly north of N.W. 45th Avenue, east of N.W. 19th Street, south of N.W. 53rd Avenue and the Home Depot store at 5150 N.W. 13th Street, and west of the commercial parcels that front on N.W. 13th Street. Tax parcel 07883-010-004 is approximately 9.16 acres and lies southeast of the Home Depot store on N.W. 13th Street. It is currently vacant but was once part of a mobile home dealership. The 9.16 parcel plus the 52.44 acres of the larger parcel equal the 61.6 acres that are the subject of this petition.
The City of Gainesville purchased the subject property in 2008 with the help of the Florida Communities Trust, a division of the Department of Community Affairs (DCA). In accordance with the grant award agreement between the City and the DCA, the City has agreed to develop the property as the Hogtown Creek Headwaters Nature Park. The area will contain nature trails and boardwalks and will be managed to protect and restore the natural resources on the site, including three branches of the Hogtown Creek that flow through the subject property.
In accordance with Objective 1.1 of the Conservation Element of the City's Comprehensive Plan, this property was identified as environmentally significant and steps were taken to acquire the property. On the west and the south sides of the property, adjacent property can be characterized as low-density single-family residential use. Split-zoned properties to the east ensure residential or conservation land uses adjacent to the subject property up to the motorcycle dealership property. On the north, the Home Depot store was built under the current wetland buffer requirements, and with the knowledge that a park would likely be developed on the subject property, thus minimizing potential compatibility problems.
The proposed Conservation land use and CON zoning are compatible with the surrounding land uses. The proposed land use and subsequent zoning change will facilitate appropriate development of this property as a nature park.
Planning Division staff recommended approval of Petition PZ-09-59 LUC.
The City Plan Board reviewed the petition and recommended approval, Plan Board vote 4-0.
Public notice was published in the Gainesville Sun on June 9, 2009. The Plan Board held a public hearing on June 25, 2009.
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 advertised approximately five (5) days after the day that the second advertisement is published.
The State of Florida Department of Community Affairs issued a letter dated October 29, 2009, stating that the Department raises no objections to the proposed amendment. A copy of their letter is attached to this memorandum. Therefore, the City may now proceed with the final adoption of this ordinance.
The Plan amendment will not become effective until the State Department of Community Affairs 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.