title
LAND USE CHANGE - 5901 NE WALDO ROAD (B)
Ordinance No. 0-08-18, Petition 33LUC-08PB
An Ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan; by changing the land use category of certain property, as more specifically described in this ordinance, from the Alachua County land use category of "Heavy Industrial" to the City of Gainesville land use category of "Industrial" consisting of approximately 51.5 acres, located in the vicinity of 5901 Northeast Waldo Road; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission (1) receive the report of the Department of Community Affairs; and (2) adopt the proposed ordinance.
explanation
STAFF REPORT
This petition requests a large-scale land use amendment to change the Future Land Use designation for the subject property from Alachua County Heavy Industrial to City of Gainesville Industrial. This land was annexed by the City on November 26, 2007 and must be brought into conformance with the City's Generalized Future Land Use map and Comprehensive Plan.
The subject property is a 51.50-acre parcel on Waldo Road north of the Gainesville Industrial Park. The majority of the property consists of planted pines, and wetlands are mapped as approximately one-half of the property. There is an existing 100,000 square foot warehouse that was built in 1974. The requested land use designation is consistent with surrounding land uses, which include County Heavy Industrial to the north, west, and east, and City Industrial to the south.
On November 6, 2008, the Florida Department of Community Affairs (DCA) issued its Objections, Recommendations and Comments (ORC) Report to the City (attached as Exhibit "A") for this and one other amendment to the Future Land Use Map in Cycle 08-2. In the ORC report, DCA objected to the lack of an intensity standard in the Industrial future land use category and recommended that such a standard be established. Planning staff has reviewed DCA's objection(s) and concluded that they cannot be addressed in a future land use map amendment and that they will be addressed in the upcoming Evaluation and Appraisal Report (EAR). The Planning staff response to the ORC Report is attached as Exhibit "B".
Public notice was published in the Gainesville Sun on March 5, 2008. The Plan Board held a public hearing on March 20, 2008. The City Commission adopted the ordinance on first reading at the transmittal hearing on July 28, 2008.
CITY ATTORNEY MEMORANDUM
Florida Statutes set forth the procedure for adoption of an amendment to the Comprehensive Plan. This is the second hearing at the adoption stage of the ordinance, and the hearing was advertised at least five days before the adoption hearing.
The proposed amendment to the Comprehensive Plan was transmitted to the State Department of Community Affairs (DCA) for written comment. Any comments, recommendations or objections of the DCA must be considered by the Commission at the adoption hearing. The City Commission may adopt the ordinance, adopt the ordinance as amended, or not adopt the ordinance.
Following second reading, if the ordinance adopted or adopted with amendments, 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.