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LAND USE CHANGE - AIRPORT PROPERTY (B)
Ordinance No. 100760; Petition No. PB-11-12LUC
An Ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan Future Land Use Map; by changing the land use category of certain property, as more specifically described in this ordinance, from the land use category of "Conservation" to "Business Industrial"; consisting of approximately 47.8 acres, located in the vicinity of 3801 Northeast Waldo Road; providing directions to the City Manager and the codifier; providing a severability clause; and providing an effective date.
recommendation
The City Commission: 1) receive the report of the Department of Community Affairs and; 2) adopt the proposed ordinance as revised.
explanation
STAFF REPORT
This petition is a large-scale land use amendment to change the Future Land Use designation on a 47.8-acre portion of a 48-acre parcel from the Conservation land use category to Business Industrial, leaving a 0.2-acre portion in the Conservation land use category since it serves to buffer an environmentally sensitive area on the neighboring parcel to the south. This parcel is located on NE Waldo Road north of NE 39th Avenue and is bounded by the Gainesville Regional Airport and the Alachua County Fairgrounds.
The subject property has been owned by the City of Gainesville since 1986, and is managed by the Gainesville Regional Airport. It is undeveloped and primarily consists of an open field, used occasionally for horse shows or overflow parking for special events. Amending the 47.8-acre portion of this parcel to the Business Industrial land use category is consistent with Plan East Gainesville, which was accepted by the City Commission in 2003, and the Gainesville Airport Authority's Master Planning Report, which was approved by the City Commission in August 2010 (Legistar number 100233). These plans include the construction of a new airport entry road from Waldo Road, which will be underway in early 2011.
Public notice was published in the Gainesville Sun on February 8, 2011. The City Plan Board held a public hearing on February 24, 2011.
CITY ATTORNEY MEMORANDUM
Florida Statutes set forth the procedure for adoption of an amendment to the Comprehensive Plan. The second hearing will be held at the adoption stage of the ordinance and must be advertised approximately five (5) days after the day that the second advertisement is published.
In accordance with the new growth management statutory law (House Bill 7207, now Chapter Law 2011-139) effective June 2, 2011, the state land planning agency issued a letter dated June 6, 2011 stating it identified no comments related to important state resources and facilities that will be adversely impacted if this comprehensive plan amendment is adopted. A copy of their letter is attached to this memorandum. No other reviewing agencies provided comments.
This ordinance, if adopted on second reading, will be sent to the state land planning agency, and the Plan amendment, if not timely challenged, shall be effective 31 days after the state land planning agency notifies the City that the plan amendment package is complete. If the Plan amendment is challenged, the amendment will become effective on the date the state land planning agency or the Administration Commission (Governor and Cabinet) enters a final order determining this adopted amendment is in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before this plan amendment has become effective. Since the first reading of this ordinance occurred prior to June 2, 2011, it is necessary to revise Section 5 of the ordinance (the effective date section) to conform to the new law.