title
SETTING ASIDE ORDER APPROVING PETITION 42ZON-06 PB (SIGNIFICANT ECOLOGICAL COMMUNITIES DISTRICT) (B)
recommendation
The City Commission waive the City Commission rules with respect to Petition 42ZON-06 PB, set aside the Order approving Petition 42ZON-06 PB, and authorize the Mayor to execute an Order setting aside the Order approving Petition 42ZON-06 PB.
explanation
The City Commission of the City of Gainesville held a formal quasi-judicial hearing beginning on June 25, 2007, and such hearing was continued and concluded on August 23, 2007, on Petition 42ZON-06 PB filed by the City of Gainesville (petitioner). The Petition sought to overlay the Significant Ecological Communities District on approximately 787 acres of property zoned AGR (Agriculture district), I-1 (Limited industrial district), I-2 (General industrial district), and RSF-1 (3.5 units/acre single-family residential district). The properties that were the subject of the Petition are generally located at 1300 and 920 Northwest 53rd Avenue, 4555 Northwest 6th Street, 5300 North Main Street, and 3464 Northwest 21st Place in Gainesville, Florida.
On September 13, 2007, the City Commission entered an Order approving Petition 42ZON-06 PB. In the Order, the City Commission concluded that it was appropriate to include the following parcels in the Significant Ecological Communities District: 07877-001-004; 07966-010-000; 07877-000-000; 07966-010-002; 08159-000-000; and 07965-002-000.
On September 24, 2007, Juanita M. White, as trustee for the Luther M. White Revocable Trust, filed a Petition for Writ of Certiorari in circuit court challenging the Order of the City Commission in this matter. After reviewing the allegations in the Petition, the City Attorney recommends to the City Commission that it waive its rules with respect to Petition 42ZON-06 PB, set aside the Order approving Petition 42ZON-06 PB, and authorize the Mayor to execute an Order setting aside the Order approving Petition 42ZON-06 PB.