title
LAND USE CHANGE - 2004 NE WALDO RD (B)
Ordinance No.100850; Petition No.PB-11-18 LUC
An Ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan Future Land Use Map; by changing the land use category of certain properties, as more specifically described in this ordinance, from the land use categories of "Public Facilities" and "Residential Low-Density (up to 12 units per acre)" to "Education"; consisting of approximately 14.3 acres, and located in the vicinity of 2004 Northeast Waldo Road; providing directions to the City Manager and the codifier; providing a severability 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, as revised.
explanation
STAFF REPORT
This proposed large-scale amendment of the Future Land Use Map from Public Facilities and Residential Low Density (up to 12 units per acre) to Education is for the University of Florida Eastside Campus. This approximately 14.3-acre property is located on the west side of Waldo Road and is south of Northeast 23rd Avenue. To the south of the Eastside Campus are a residential neighborhood and an electrical contracting business. To the north are a vacant, 2.6-acre property that was previously part of the mobile home park to its north, and Northeast 23rd Avenue. To the east and across Waldo Road is the State of Florida's Tacachale residential facility for the developmentally disabled. To the west are a self-storage facility and business center, a small non-residential building of unknown use, and a very small, vacant parcel.
The property is within the Eastside Community Redevelopment Area, but it is not within either the Enterprise Zone or a special area plan. This property is part of the 2005-2015 Campus Master Plan and is subject to the provisions of the 2005-2015 Campus Development Agreement.
The proposed land use change from Public Facilities (PF) and Residential Low-Density (up to 12 units per acre) (RL) to Education (E) is appropriate for the property's use as the University of Florida Eastside Campus. The current PF land use is a category that does not specify institutions of higher learning as an allowable use. The current RL land use (which applies only to a vacant, 0.09-acre area at the northern tip of the property at Northeast 23rd Avenue) is a category that does not allow institutions of higher learning.
This petition is related to Petition PB-11-19 ZON, which is a request for rezoning from PS (Public services and operations district) and MH (12 units/acre mobile home residential district) to ED (Educational services district). A separate petition for a small-scale amendment of the Future Land Use Map from Residential Low-Density (up to 12 units per acre) and to Education (and a related petition for rezoning from MH (12 units/acre mobile home residential district) and to ED (Educational services district)) for the approximately 2.6-acre property to the north was heard and recommended for approval by the City Plan Board on February 24, 2011, and was heard by the City Commission on April 21, 2011.
The Plan Board discussed the petition and recommended approval with a 6-0 vote.
Public notice was published in the Gainesville Sun on March 8, 2011. The Plan Board held a public hearing on March 24, 2011.
CITY ATTORNEY MEMORANDUM
Upon further review of the ordinance, it was determined that the legal description attached to the ordinance as Exhibit "A" required clarification as to the description of the property under consideration for rezoning. As correctly stated in the title, the property under consideration comprises 14.3 acres. A revised legal description is attached to the ordinance as Exhibit "A" that more clearly describes the boundary description of the property as 14.3 acres.
Florida Statutes set forth the procedure for adoption of an amendment to the Comprehensive Plan. The second hearing will be held at the adoption stage of the ordinance and must be advertised approximately five (5) days after the day that the second advertisement is published.
In accordance with the new growth management statutory law (House Bill 7207, now Chapter Law 2011-139) effective June 2, 2011, the state land planning agency issued a letter dated June 6, 2011 stating it identified no comments related to important state resources and facilities that will be adversely impacted if this comprehensive plan amendment is adopted. A copy of their letter is attached to this memorandum. No other reviewing agencies provided comments.
This ordinance, if adopted on second reading, will be sent to the state land planning agency, and the Plan amendment, if not timely challenged, shall be effective 31 days after the state land planning agency notifies the City that the plan amendment package is complete. If the Plan amendment is challenged, the amendment will become effective on the date the state land planning agency or the Administration Commission (Governor and Cabinet) enters a final order determining this adopted amendment is in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before this plan amendment has become effective. Since the first reading of this ordinance occurred prior to June 2, 2011, it is necessary to revise Section 5 of the ordinance (the effective date section) to conform to the new law.