title
REZONING - AIRPORT INDUSTRIAL PARK PROPERTY(B)
Ordinance 100790, Petition PB-11-14 ZON
An ordinance of the City of Gainesville, Florida, amending the Zoning Map Atlas and rezoning certain property, as more specifically described in this Ordinance, from the zoning category of "I-2: General industrial district" to "BI: Business industrial district" and "CON: Conservation district"; located in the vicinity of southeast corner of Waldo Road and Northeast 49th Avenue intersection; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
STAFF REPORT
This petition request is to rezone two parcels totaling approximately 15 acres in the Airport Industrial Park from I-2 (General industrial district) to BI (Business industrial district; for approximately 7.63 acres of the property) and CON (Conservation district; for approximately 7.35 acres of the property). The two parcels are undeveloped vacant land. Access to the parcels would be from NE 49th Avenue.
The property is located east of Waldo Road along the south side of NE 49th Avenue with the eastern boundary being NE 40th Terrace. The boundary to the south is formed by Little Hatchet Creek.
This request is a referral from the City Commission for staff to initiate a Plan Board petition for the property. The City Commission heard a presentation on August 19, 2010 (based on a June 30, 2010 vote by the Airport Authority to recommend preparation of planning proposals that include this property). The Commission voted unanimously to approve the planning concept for this property and to direct staff to initiate the petition (Legistar Number 100233). In coordination with the agent for the Gainesville-Alachua County Regional Airport Authority, this petition is now being brought forward for consideration.
The proposed Business Industrial and Conservation zoning categories represent a reduction in the total intensity of use that would be allowed on the property as compared to the existing I-2 zoning. The existing I-2 zoning allows heavy manufacturing and industrial uses. However, because this property is located in the Airport Industrial Park, there are restrictive covenants that limit uses to light industrial, light manufacturing, warehousing, and distribution uses. The area of the parcels proposed for the Conservation land use category lacks development potential due to the presence of the 10-year flood channel. There are also significant wetlands in that portion of the parcels. Due to the environmental sensitivity of large portions of the two parcels, the Conservation zoning is more appropriate than I-2 zoning.
The Business Industrial (BI) category is appropriate because it allows for a wider range of office, business and industrial uses than the I-2 zoning would. This broader range will make the property more marketable for development and provide more flexibility. In general, the BI uses are less intense than those allowed in I-2, which is an advantage because of the smaller, developable area on this property due to the flood channel.
The Plan Board discussed the petition and recommended approval with a 7-0 vote.
Public notice was published in the Gainesville Sun on February 8, 2011. The 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 first hearing is held at the transmittal stage and must be advertised seven days prior to the first public hearing. The second hearing will be held at the adoption stage of the ordinance and must be advertised five days before the adoption hearing.
If adopted on first reading, the proposed amendment to the Comprehensive Plan will be transmitted to the State Department of Community Affairs (DCA) for written comment. Any comments, recommendations or objections of the DCA will be considered by the Commission at the second public hearing.
Following second reading, the Plan amendment will not become effective until the DCA issues a final order determining the adopted amendment to be in compliance in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act, or until the Administration Commission (Governor and Cabinet) issues a final order determining the adopted amendment to be in compliance.