title
LAND USE CHANGE - 5200 SOUTHWEST 41ST BOULEVARD (B)
Ordinance No. 0-08-21, Petition 44LUC-08PB
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 Alachua County land use category of "Tourist/Entertainment" to the City of Gainesville land use category of "Commercial"; located in the vicinity of 5200 Southwest 41st Boulevard; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission: 1) approve Petition 44LUC-08PB; and 2) adopt the proposed ordinance.
explanation
STAFF REPORT
This petition is a small-scale land use amendment to change the Future Land Use designation from Alachua County Tourist-Entertainment Commercial land use to City of Gainesville Commercial land use. This ±7.54-acre property was annexed by the City on February 11, 2008 and must be brought into conformance with the City's Generalized Future Land Use Map.
The subject property is undeveloped. It is bounded on the west by Southwest 41st Boulevard and undeveloped land; on the east by the Interstate 75 southbound off-ramp; on the south by a small amount of Williston Road frontage and a gasoline service station; and on the north by developed industrial lands. Surrounding land uses include Heavy Industrial to the west and north and Tourist-Entertainment to the south. Given its location adjacent to an interstate highway frontage road and the surrounding land uses, the BT: Tourist-oriented business district designation is appropriate.
Public notice was published in the Gainesville Sun on April 2, 2008. The Plan Board held a public hearing on April 17, 2008.
CITY ATTORNEY MEMORANDUM
The proposed amendment to the Comprehensive Plan is treated as a small scale development activity. After the City Commission adopts the ordinance, it will be filed with the State Land Planning Agency. The state land planning agency does not review or issue a notice of intent for small scale development amendments. Any affected person may file a petition with the State Division of Administrative Hearings to request a hearing to challenge the compliance of a small scale development amendment within 30 days following the City's adoption of the amendment.
Small scale development amendments do not become effective until 31 days after adoption. If challenged within 30 days after adoption, small scale development amendments shall not become effective until the state land planning agency or the Administration Commission issues a final order that the adopted small scale development amendment is in compliance.