title
COMPREHENSIVE PLAN AMENDMENT - 309 NE 39TH AVENUE
Ordinance No. 0-06-06, Petition 145LUC-05PB
An ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan, Future Land Use Map; by changing the land use category of certain property from "Industrial" to "Commercial"; located in the vicinity of 309 Northeast 39th Avenue; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission: 1) approve Petition No. 145LUC-05PB; and 2) adopt the proposed ordinance.
explanation
STAFF REPORT
The subject property is 1.25 acres and currently contains a vacant building set behind a parking lot.
The property to the north, east and west have a Commercial land use designation. The property to the south has an Industrial land use designation.
The subject property is entirely within the Secondary Zone of the Murphree Wellfield Protection Area.
Because the character of nearby properties is compatible and because the property is within a Wellfield Protection Zone, a Commercial land use is preferable for the subject property rather than the Industrial land use the property now has.
Public notice was published in the Gainesville Sun on October 4, 2005. Letters were mailed to surrounding property owners on October 5, 2005. The Plan Board held a public hearing October 20, 2005. Planning Division staff recommended that the Plan Board approve the petition. The Plan Board recommended that the City Commission approve Petition 145LUC-05 PB. Plan Board vote 4-0.
The Plan Board heard the petition and recommended that it be approved by the City Commission.
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.