City of Gainesville - File #: 100762.

• File #: 100762.
• Version: 1
• Name: WALNUT CREEK – TIME EXTENSION FOR PLAT APPROVAL (B)
• Type: Ordinance
• Status: Adopted
• File created: 4/7/2011
• In control: City Attorney
• Final action: 4/21/2011
• Title: WALNUT CREEK – TIME EXTENSION FOR PLAT APPROVAL (B) Ordinance No. 100762 An Ordinance of the City of Gainesville, Florida; amending Condition 5 of Section 3 and Condition 18 of Section 4 of Ordinance No. 071066, by providing for an extension of time to obtain final or conditional approval on property that is zoned “Planned Development District”, commonly known as “Walnut Creek Planned Development Phase II”; generally located in the vicinity of the 2500 block of Northwest 39th Avenue; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

Date	Ver.	Action By	Action	Result
4/21/2011	1	City Commission	Adopted on Final Reading (Ordinance)	Pass
4/7/2011	1	City Commission	Adopted on First Reading (Ordinance)	Pass
3/17/2011	0	City Commission	Approved as Recommended	Pass

title

WALNUT CREEK - TIME EXTENSION FOR PLAT APPROVAL (B)

Ordinance No. 100762

An Ordinance of the City of Gainesville, Florida; amending Condition 5 of Section 3 and Condition 18 of Section 4 of Ordinance No. 071066, by providing for an extension of time to obtain final or conditional approval on property that is zoned "Planned Development District", commonly known as "Walnut Creek Planned Development Phase II"; generally located in the vicinity of the 2500 block of Northwest 39th Avenue; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

recommendation

The City Commission adopt the proposed ordinance.

explanation

COMMUNITY DEVELOPMENT STAFF MEMORANDUM

City staff has been working with the applicant to finalize the plat for Phase II of the Walnut Creek Planned Development.  Due to the economy the development was put on hold, and one of the timeframes in the ordinance has expired, however the timeframe for the Planned Development has not expired.   Condition 18 of the ordinance provides a valid period for the Planned Development through March 19, 2012.   It is staff's opinion that Section 3 of ordinance 071066 which amended a previous ordinance (020948) should have allowed the final or conditional plat adoption to be consistent with the valid period of the Planned Development ordinance.  In order to correct this inconsistency staff is requesting that the City Commission direct the City attorney to correct the ordinance.   It is staff's opinion, that this can be corrected by the City Commission without a full petition to the Plan Board.

CITY ATTORNEY MEMORANDUM

The City Commission, at its meeting of March 17, 2011, authorized the City Attorney to draft the appropriate ordinance for extension of time for the Walnut Creek Planned Development.