title
LAND USE CHANGE - EDUCATION CHILD CARE CENTER (B)
Ordinance No. 0-05-40, Petition 199LUC-04PB
An ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan, Future Land Use Map; by changing the land use category of certain undesignated right-of-way property to "Mixed-Use Low-Intensity (8-30 units per acre)"; located in the vicinity of the Northwest Corner of Southeast 2nd Avenue and Williston/Waldo Roads; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
STAFF REPORT
This petition is related to zoning petition 200ZON-04 PB and street vacation petition 196SVA-04 PB. The undesignated right-of-way is approximately 0.43-acres in size and is located at the Northwest corner of Southeast 2nd Avenue and Williston/Waldo Road. The property currently has no zoning or land use designation. To the north of the site is the right-of-way to be vacated by Petition 196SVA-04 PB. North of this right-of-way is the existing Education Child Care Center with a land use of MUL (Mixed-Use Low-Intensity, 8-30 units per acre) and a zoning designation of MU-1 (8-30 units/acre mixed use low intensity district). The owner of the child care center would like to purchase the unclassified land for the purpose of expansion. South of the subject property is Southeast 2nd Avenue, while to the east is Williston/Waldo Road. The bicycle rail trail borders the subject property on the west side.
The Plan Board heard the petition and recommended that it be approved.
Public notice was published in the Gainesville Sun on February 1, 2005. Letters were mailed to surrounding property owners on February 2, 2005. The Plan Board held a public hearing February 17, 2005. The City Commission heard and approved this petition March 14, 2005.
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.