Title
Villages of Kanapaha Follow Up - Request for Waiver of 12 Month Petition Consideration Limitation (B)
This is a request by the Petitioner regarding a waiver on the 12 month petition consideration limitation on the subject property (4123 SW 50th Street) consistent with Commission direction regarding prior consideration of this matter.
Explanation
On September 17, 2009, the City Commission accepted and approved a request by the Petitioner's agent for a withdrawal of consideration of the proposed land use (PZ-09-35 LUC) and zoning (PZ-09-36 ZON) petitions on the subject property (4123 SW 50th Street). The intent of the Petitioner expressed at the time was to proceed with a different application for the subject property inclusive of a different use and supporting land use/zoning category.
The Gainesville Land Development Code (30-347.6) indicates that when an application is withdrawn it is treated as if it were denied as prescribed in Section 30-347.7. This latter portion of the Code indicates that when an application (petition) is denied, any subsequent petition on the subject property will not be considered by the Plan Board for a period of 12 months from the date of the action.
However, the Code also provides that the Commission may waive this time limitation (30-347.7(c) by the affirmative votes of five Commissioners, provided 30 days have elapsed since the action of this Commission to deny the original request and if the City Commission deems such action necessary to prevent an injustice or facilitating proper development of the City.
In this case, the Petitioner's agent has been working on a revised proposal (use) in keeping with the Commission's direction as expressed in a prior public hearing (Assisted Living Facility and support services) and the supporting land use and zoning application. Staff has been working with the Petitioner's agent on said proposal.
As a consequence, staff recommends approval of the waiver of the 12 m...
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