title
FUTURE LAND USE ELEMENT MAP CHANGE - ADOPTING THE URBAN VILLAGE AREA MAP (B)
Ordinance/Legistar No. 100696; Petition No. PB-10-141 LUC
An ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan Future Land Use Element Map Series to add a map designating the Urban Village; imposing the Urban Village designation and its policies on the properties depicted in the Map; 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 ordinance as revised to add new language to be consistent with the Chapter Law 2011-139.
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, 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, the letter contained no comments related to this ordinance that need to be addressed.
This ordinance amends the Future Land Use Element Map Series to add a map showing the boundaries of the Urban Village area and imposes the Urban Village designation, and its policies as may be adopted by separate ordinances and made a part of the Comprehensive Plan, on the properties depicted in the Map. The Urban Village is located in the vicinity of Southwest 20th Avenue and Southwest 24th Avenue, east of Interstate 75 and west of Southwest 34th Street.
This ordinance is related to Ordinance No. 100697 that sets special policies for development and redevelopment within the area; and Ordinance No. 100698 that designates land use categories for all parcels within the Urban Village.
After 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 this petition. On March 3, 2011, the City Commission approved the petition by a vote of 7-0.
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.