Newberry Commission Starts Year with Light Agenda, Vacates Portion of Southwest 2nd Avenue

NEWBERRY ‒ The first Newberry City Commission meeting of the year began with a light agenda on Jan. 9. The Commission considered increases to building permit fees on an annual basis, a new Public Facilities zoning district and vacating an unimproved right-of-way.

Commissioner Monty Farnsworth was absent from this meeting. Commissioners Rick Coleman was also not in attendance during the first part of the meeting, but was on hand to consider and vote on two agenda items.

The Commission unanimously approved an ordinance on second reading that removes the building permit fee schedule from the City’s Code of Ordinances. As part of this action, the new Building Permit fee schedule will be reviewed annually as part of the City’s “Fees, Rates, and Charges” schedule considered as part of the annual budgeting process. The current Building Permit fee schedule has not been amended since 2003.

The Commission conducted a Legislative Public Hearing to consider an amendment to the Code of Ordinances to establish the Public Facilities (PF) zoning district to align existing and proposed public buildings and uses with the Public future land use classification. Following discussion, the amendment was approved on first reading.

According to City of Newberry Principal Planner Jean-Paul Perez, the Public future land use classification consists of areas that are used for public buildings and grounds, other public facilities including facilities for sewer, solid waste, drainage and potable water, public health facilities, solar energy facilities/solar farms and educational uses.

Perez said that the proposed Public Facilities zoning district provides flexible land development regulations for local, regional, state and federal agencies and entities to provide diverse services and facilities necessary to serve Newberry residents.

The proposed text amendment modifies the site and development plan process to require City Commission, in lieu of the Board of Adjustment, approval of proposed development within the Public Facilities zoning district. The Planning and Zoning Board will still function as a recommending body. This allows the City Commission to have final approval authority on City projects which may have budgetary implications and history and development by other governmental agencies and entities.

This district may only be applied to government owned or leased land which serves a public purpose.

In other business, following a quasi-judicial public hearing on second reading of an ordinance to vacate a portion of Southwest 2nd Avenue, the Commission approved the request with one condition.

“Following staff review it was found that an overhead electrical line and utility pole encumber the southern portion of the subject right-of-way. This line provides service to the southern abutting parcel,” said Planning and Economic Development Director Bryan Thomas. “Therefore, staff is requesting the ordinance shall not become effective until a replacement utility easement to the benefit of the City for proper purposes is recorded into the Public Records of Alachua County.”

The application was made by Mark L. and Betty D. Clark to vacate a portion of a 50-foot public right-of-way between the CSX Railroad right-of-way and Southwest 252nd Street, and was created by plat dedication on the Original Newberry plat (Plat Book A, Page 129, ACPR). Vacating this right-of-way will return the lands it encumbers to the adjacent owners, the Clark’s, who are owners of the property located at 180 S.W. 252nd Street, the abutting parcel north of the subject right-of-way. Their application contains the signature of the owner south of the subject right-of-way consenting and accepting the vacation.

The unimproved right-of-way is not included on any future right-of-way maps, nor is improvement of it scheduled in the Capital Improvement Plan.

Commissioner Mark Clark was the applicant requesting vacating a portion of Southwest 2nd Avenue, and he abstained from voting on the issue. Commissioner Coleman was present during the hearing, maintaining the required quorum to hold a vote on the matter.

City Manager Mike New announced that City Hall would be closed Jan. 16 in honor of Martin Luther King, Jr. Day. A celebratory march will be conducted on that day to begin at Martin Luther King Center to the Municipal Building, where a lunch will be provided for the participants.

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