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LAND USE CHANGE - VICINITY OF 1500 BLOCK OF NE 53RD AVENUE, 7200-7300 BLOCKS OF NW 4TH BOULEVARD, EAST OF NW 75TH STREET (B)
Ordinance No. 110263; Petition No. PB-11-36LUC
An Ordinance amending the City of Gainesville Comprehensive Plan; by amending the Future Land Use Element Map Series, the Transportation Mobility Element Map Series, and the Concurrency Management Element Map Series; by incorporating and adding additional parcels of land that were annexed into the City to Transportation Concurrency Exception Area maps of said Series, as more specifically described in this ordinance; including Parcel No. 07874-001-001, located in the vicinity of the 1500 block of NE 53rd Avenue, north side to Zone A, and including the western portion of Parcel No. 07871-000-000 to Zone B; including Parcel Nos. 06654-003-000 and 06654-003-001, located in the vicinity of the 7200-7300 blocks of NW 4th Boulevard, east of NW 75th Street to Zone D; providing directions to the City Manager; providing a severability clause; providing a repealing clause and providing an effective date.
recommendation
The City Commission: 1) receive letters of "no comment" from the North Central Florida Regional Planning Council, the St. Johns River Water Management District, the Florida Department of Education and the Florida Department of Economic Opportunity; and 2) adopt the proposed ordinance as amended.
explanation
STAFF REPORT
On October 20, 2011, the City Commission approved this ordinance by a vote of 7-0 and transmitted this ordinance as part of the Amendment No. 11-3 package to the State Land Planning Agency.
In accordance with the new growth management statutory law (House Bill 7207), now Chapter Law 2011-139) effective June 2, 2011, the North Central Florida Regional Planning Council issued a report dated November 23, 2011, stating that there are no significant adverse impacts to regional resources and facilities, and no increase in intensities/densities of use or are not located in a Transportation Concurrency Exception Area. The St. Johns River Water Management District issued a letter dated November 10, 2011, stating they there are no adverse impacts to important state resources and facilities. The Florida Department of Education issued a letter dated November 16, 2011, stating that there are no adverse impacts on public school facilities, therefore they offer no comment. The Florida Department of Economic Opportunity issued a letter dated November 16, 2011, stating that they have identified no comment related to important state resources and facilities that will be adversely impacted.
This petition is a large-scale comprehensive plan amendment to add four annexed parcels to the City's Transportation Concurrency Exception Area (TCEA) in accordance with the procedure established in Concurrency Management Element Policy 4.3.3. The annexed properties are the subject of two different large-scale land use amendments (PB-11-29 LUC and PB-11-47 LUC). In order to incorporate these parcels into the City's TCEA, two steps must be taken:
1. Amendment of relevant maps in the City's Comprehensive Plan
2. Placement of the parcels in a TCEA zone (in accordance with the geographic location of the parcels)
This petition amends the TCEA maps in the: Future Land Use Element Map Series, Transportation Mobility Element Map Series, and the Concurrency Management Element.
The eastern most annexed parcel (07874-001-001) in the 1500 block of NE 53rd Avenue, north side (locator map is in the backup) is being placed in TCEA Zone A because it is contiguous to Zone A. The annexed portion of the western parcel (07871-000-000) is being placed in Zone B because it is contiguous to that zone.
The two annexed parcels in the 7200-7300 blocks of NW 4th Boulevard, east of NW 75th Street (locator map is in the backup) are both being placed in TCEA Zone D because they are west of I-75.
Policy 4.4.3 of the Future Land Use Element sets out the procedure for how annexed properties (large-scale) will be added to the TCEA. That policy states:
"Properties that involve a large-scale land use amendment shall be placed in a TCEA zone as part of the large-scale amendment process for the property. This shall be done by simultaneous amendments to the appropriate TCEA maps in the Comprehensive Plan. Consistent with Policy 1.5.6, the City shall provide sufficient Data and Analysis information with the associated Comprehensive Plan amendments to ensure that the City's status as an urban service area is maintained after annexation."
This change to the TCEA reflects interim changes for consistency with the current policies in the Comprehensive Plan. Over the next several months, Planning staff will be in discussions with the Florida Department of Transportation and the State Land Planning Agency concerning overall changes to the City's Comprehensive Plan that may result in amendments that rename the TCEA and its zones to Transportation Mobility Areas (TMA).
Public notice was published in the Gainesville Sun on April 12, 2011. The Plan Board held a public hearing on April 28, 2011.
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.
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 any other agencies that provided written 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.
Due to changes in state law during the last legislative session, it is advisable to amend the ordinance to more closely conform to the new state law. Additionally, the City Commission very recently adopted an ordinance changing the name of the City's Comprehensive Plan.