title
LAND USE CHANGE - 900 S.E. 4TH STREET (DEPOT PARK) (B)
Ordinance No. 0-10-03, Petition PB-09-133LUC
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 "Industrial" to "Public Facilities"; consisting of approximately 34 acres, located in the vicinity of 900 S.E. 4th Street, commonly known as Depot Park; providing a severability clause; providing a repealing clause; and providing an 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
The properties that are the subject of this petition are part of the Depot Park Project, which is an effort to clean up and restore brownfield properties in the area of Depot Avenue and South Main Street. A brownfield is an abandoned, idle, or underused industrial or commercial site where redevelopment is hampered by environmental contamination. The City of Gainesville through Gainesville Regional Utilities (GRU) will clean up the environmental contamination, which was the result of a coal gasification plant operated on Depot Avenue across from the historic Depot building. The City will develop the site as a stormwater treatment facility to serve the downtown area, and as a public park to provide green space and recreation activities, that will provide an economic boost to this area of the community.
This petition is a request to change the Future Land Use designation from IND (Industrial) to PF (Public facilities) on the two parcels that will make up the Depot Park. Tax parcel 16004-000-000 is approximately 33 acres in size and makes up the vast majority of the 34-acre Depot Park project. The property currently has Industrial land use and as of September 3, 2009, a zoning designation of PS (Public services and operations district). The second property that will comprise the Depot Park is tax parcel 15706-000-000, which is approximately 0.57 acres in size and has a land use designation of Industrial with PS zoning. The PS zoning district specifies the uses that will be permitted on the properties.
Depot Park is generally bounded by South Main Street to the west, S.E. 4th Street to the east, Depot Avenue to the north, and S.E. 10th Avenue to the south. To the north of Depot Park Project property is the Baird Center complex, a roofing and sheetmetal company, and the Rosa Parks Regional Transit System (RTS) Downtown Station bus transfer facility, with CCD (Up to 150 units/acre central city district) zoning and Mixed-Use High-Intensity (up to 150 units per acre) land use. Also to the north is the GRU Kelly power plant, with PS zoning and Public Facilities land use. To the east is additional GRU property with PS zoning and Public Facilities land use, plus several properties with I-1 zoning and Industrial land use with a house, warehouse space, offices and vacant industrial land. The RTS Operations and Maintenance Facility, with PS zoning and Public Facilities land use is to the southeast. To the south are properties with I-1 and I-2 zoning with Industrial land use, with vacant industrial land, and a beverage company. To the southwest is an electric supply company; and to the west are properties with I-2 zoning and Industrial land use that include a swimming pool equipment wholesaler, a vacant office building, and Florida Rock Industries.
The general character of the subject properties is park land with trails and stormwater basins, while the other properties in this area are generally industrial, vacant industrial, public facilities, warehouse, wholesale businesses, and small scale repair and service establishments. A stormwater park is appropriate for the subject properties based upon the park's adjacency to lands in the downtown area that will drain to this site. The proposed Public Facilities land use category is more appropriate for the PS zoning district than the existing Industrial land use. This proposal is consistent with the current uses on the subject properties and will be compatible with the surrounding land use and zoning.
Planning Division staff recommended approval of Petition PB-09-133 LUC.
The City Plan Board reviewed the petition and recommended approval, Plan Board vote 6-0.
Public notice was published in the Gainesville Sun on October 6, 2009. The Plan Board held a public hearing on October 22, 2009.
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.
The State of Florida Department of Community Affairs issued a letter dated September 13, 2010, stating that the Department raises no objections to the proposed amendment. A copy of their letter is attached to this memorandum. Therefore, the City may now proceed with the final adoption of this 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.