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File #: 061125.    Version: Name: COLLEGE PARK SPECIAL AREA PLAN BUILDING HEIGHT REGULATIONS (B)
Type: Ordinance Status: Adopted
File created: 4/2/2009 In control: City Attorney
On agenda: Final action: 4/16/2009
Title: COLLEGE PARK SPECIAL AREA PLAN BUILDING HEIGHT REGULATIONS (B) Ordinance No. 0-09-09; Petition No. 35TCH-07 PB An ordinance of the City of Gainesville, Florida, relating to building height in the College Park Special Area Plan; amending Appendix A, Section 3, Exhibit B, College Park Special Area Plan, of the Land Development Code, by revising the overall maximum building heights and minimum and maximum number of stories for Type I and Type II new construction; by deleting the option for additional stories by Planned Development rezoning for Type I new construction; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
Attachments: 1. 061125_200706261300.pdf, 2. 061125_200708131300.pdf, 3. 061125a_200708131300.pdf, 4. 061125_20070813.pdf, 5. 061125_College Park SAP Bldg.Heights_20090402.pdf, 6. 061125_staff ppt_20090402.PDF, 7. 061125_ordinance_20090416.pdf
title
COLLEGE PARK SPECIAL AREA PLAN BUILDING HEIGHT REGULATIONS (B)

Ordinance No. 0-09-09; Petition No. 35TCH-07 PB
An ordinance of the City of Gainesville, Florida, relating to building height in the College Park Special Area Plan; amending Appendix A, Section 3, Exhibit B, College Park Special Area Plan, of the Land Development Code, by revising the overall maximum building heights and minimum and maximum number of stories for Type I and Type II new construction; by deleting the option for additional stories by Planned Development rezoning for Type I new construction; providing directions to the codifier; 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 the 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's 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.

After notice was published in the Gainesville Sun on May 1, 2007, the Plan Board, at its May 17, 2007 meeting, heard the Petition and, by a vote of 6-0 re...

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