title
LAND USE CHANGE - SMALL SCALE - APPROXIMATELY 0.24 ACRES OF PROPERTY GENERALLY LOCATED IN THE VICINITY OF THE 3600 BLOCK OF SW 40TH BOULEVARD (B)
Ordinance No. 120796; Petition No. PB-12-167 LUC
An ordinance amending the Future Land Use Map of the City of Gainesville Comprehensive Plan by changing the land use category of 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 Commercial to the City of Gainesville land use category of Business Industrial (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 PB-12-167 LUC and (2) adopt the proposed ordinance.
explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT
This petition/ordinance is a small-scale future land use map amendment that changes the land use designation for approximately 0.24 acres of property (Tax Parcel No. 06800-008-000) from Alachua County Commercial to City of Gainesville Business Industrial (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" large-scale land use amendment that changed multiple properties from Alachua County to City of Gainesville land use designations on July 21, 2011 (Ordinance No. 100679). Although the property was originally intended for a land use category designation of BI, during the preparation of the ordinance maps for the City Commission hearing on May 5, 2011, the property was inadvertently mistaken for unimproved right-of-way and was not depicted with a future land use category.
This petition/ordinance corrects this error and designates the property with the BI land use as was previously intended. Staff has been in contact with the property owner and their agent regarding the proposed City-initiated action. A related rezoning petition/ordinance from Alachua County Highway oriented business services district (BH) to the City of Gainesville Business industrial district (BI) is also proposed to implement the Business Industrial land use (Ordinance No. 120797).
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
This proposed amendment to the Comprehensive Plan involves a use of 10 acres or fewer and qualifies as a small-scale development amendment. The City Commission may adopt small-scale development amendments with a single public hearing.
Within 30 days following the City's adoption of this amendment, any affected person may file a petition with the State Division of Administrative Hearings to request a hearing to challenge the compliance of this amendment with Chapter 163, Florida Statutes. If challenged within 30 days after adoption, this amendment shall not become effective until the state land planning agency or the Administration Commission issues a final order determining that the adopted amendment is in compliance with Chapter 163, Florida Statutes. If unchallenged, this amendment shall become effective 31 days after adoption.