City of Gainesville - File #: 061124.

• File #: 061124.
• Version: 3
• Name: URBAN MIXED-USE 1 BUILDING HEIGHTS (B)
• Type: Ordinance
• Status: Adopted
• File created: 4/2/2009
• In control: City Attorney
• Final action: 4/16/2009
• Title: URBAN MIXED-USE 1 BUILDING HEIGHTS (B) Ordinance No. 0-09-01; Petition No. 34TCH-07 PB An ordinance of the City of Gainesville, Florida, relating to density and building height in the Urban Mixed-Use 1 zoning district (UMU-1: up to 75 units/acre); amending subsection 30-65.1(d)(4) of the Land Development Code by deleting redundant references to density and building height; amending subsection 30-65.1(d)(5) by imposing a maximum overall building height with a minimum of two stories and a maximum of six stories and by deleting the option of seeking additional stories by special use permit; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

Date	Ver.	Action By	Action	Result
4/16/2009	3	City Commission	Adopted on Final Reading (Ordinance)	Pass
4/2/2009	3	City Commission	Adopted on First Reading (Ordinance)	Pass
8/13/2007	2	City Commission	Approved, as shown above - See Motion(s)
6/25/2007	1	City Commission	Continued (Petition)	Pass

title
URBAN MIXED-USE 1 BUILDING HEIGHTS (B)

Ordinance No. 0-09-01; Petition No. 34TCH-07 PB
An ordinance of the City of Gainesville, Florida, relating to density and building height in the Urban Mixed-Use 1 zoning district (UMU-1: up to 75 units/acre); amending subsection 30-65.1(d)(4) of the Land Development Code by deleting redundant references to density and building height; amending subsection 30-65.1(d)(5) by imposing a maximum overall building height with a minimum of two stories and a maximum of six stories and by deleting the option of seeking additional stories by special use permit; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

recommendation
The City Commission adopt the proposed ordinance.

explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT

At the June 25, 2007 City Commission meeting, the Commission requested that City Planning Division prepare a report concerning correcting building height ambiguity in the UMU-1 zoning district and College Park Special Area and referred the issue to the Community Development Committee. This request was a result of a developer argument that since she was allowed to build to the not-to-exceed height limit of 104 feet, the developer should be entitled to the two additional stories allowed by Special Use Permit, as the developer indicated she would build to 104 feet whether the building was approved at six stories or eight stories.

While it is unlikely that a developer will build a six story building to 104 feet, the approach most likely to result in future development being consistent with the City intent for building height is to add a provision to the Land Development Code so that the allowed height and number of stories is less ambiguous.

The Committee discussed several options and recommended that the allowed heights be changed to five stories by right and six by rezoning to Planned development district (PD)....