title
LAND USE CHANGE - 635-637 N.W. 13TH STREET (B)
Ordinance No. 0-05-01, Petition 163LUC-04PB
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 "Commercial" to "Mixed-Use Low-Intensity (8-30 units per acre)"; located in the vicinity of 635-637 N.W. 13th Street; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission: 1) approve Petition No. 163LUC-04PB and, 2) adopt the proposed ordinance.
explanation
STAFF REPORT
The subject property is 0.36 acres in size, has a BA (Business-Automotive) zoning, and a C (Commercial) land use designation.
Adjacent property to the west and north is zoned MU-1 (Mixed Use-Low). The land use is MUL (Mixed-Use Low, 8-30 units per acre). Adjacent to the east is BUS (Business) and to the south is BA (Business Automotive). The land use of this property to the east and south is Commercial.
The existing building is currently being used as an auto service shop (brakes, AC, and oil changes). The petitioner owns the property and wishes to move a florist business he owns to this property. Florist retailers are not allowed by the current land use and zoning designations.
As a designated Gateway Street a few blocks north of the UF campus, this property is better suited in achieving City objectives by carrying a land use designation that allows more neighborhood-based, walkable retail development-particularly mixed-use development that would allow both residential and non-residential. Auto-oriented uses allowed by the current land use and zoning designations are not ideal along a Gateway Street near the campus. For a number of years, the City has sought to restrict auto-oriented sales and service to North Main Street.
The Plan Board heard the petition and recommended that it be approved.
Public notice was published in the Gainesville Sun on October 5, 2004. Letters were mailed to surrounding property owners on October 6, 2004. The Plan Board held a public hearing October 21, 2004. Planning Division staff recommended that the Plan Board approve the petition. The Plan Board recommended that the City Commission approve Petition 163LUC-04 PB. Plan Board vote 5-0.
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.