title
REZONING - APPROXIMATELY 0.24 ACRES OF PROPERTY GENERALLY LOCATED IN THE 3600 BLOCK OF SW 40TH BOULEVARD (B)
Ordinance No.120797; Petition PB-12-168 ZON
An ordinance amending the Zoning Map Atlas of the City of Gainesville, Florida, by rezoning approximately 0.24 acres of property generally located in the 3600 block of SW 40th Boulevard, as more specifically described in this ordinance, from Alachua County Highway oriented business services district (BH) to City of Gainesville Business industrial district (BI); providing directions to the City Manager; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission (1) approve Petition No. PB-12-168 ZON and (2) adopt the proposed ordinance.
explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT REPORT
This petition/ordinance rezones approximately 0.24 acres of property (Tax Parcel No. 06800-008-000) from Alachua County Highway oriented business services district (BH) to City of Gainesville Business industrial district (BI). The property is generally located at the 3600 block of SW 40th Boulevard, directly adjacent to the NW corner of the Target. The property is currently vacant and appears to provide access for maintenance of the stormwater facility located directly north and east of the site.
The subject property was originally part of the "Southwest Annexation" rezoning action that rezoned multiple properties from Alachua County to City of Gainesville zoning districts on August 4, 2011 (Ordinance No. 100678). Although the property was originally intended for BI zoning, during the preparation of the ordinance maps, the property was inadvertently mistaken for unimproved right-of-way and consequently did not receive the BI zoning.
The petition/ordinance corrects this error and rezones the property to BI as was previously intended. Staff has been in contact with the property owner and their agent regarding the proposed City-initiated action. A related small-scale land use amendment from Alachua County Commercial to City of Gainesville Business Industrial is also proposed (Ordinance No. 120796). This rezoning will be consistent with the City of Gainesville Comprehensive Plan when Ordinance No. 120796 becomes effective as provided therein.
After public notice was published in the Gainesville Sun on January 8, 2013, the City Plan Board held a public hearing on January 24, 2013, and recommended approval of this petition by a vote of 6-0.
CITY ATTORNEY MEMORANDUM
Because this ordinance was initiated by the City of Gainesville and changes the zoning designation for a parcel or parcels of land involving less than 10 contiguous acres, the City Commission shall hold a public hearing and may, upon the conclusion of the hearing, immediately adopt the ordinance. This ordinance shall become effective immediately upon final adoption; however, the rezoning implemented by this ordinance shall not become effective until the amendment to the City of Gainesville Comprehensive Plan adopted by Ordinance No. 120796 becomes effective as provided therein.