title
LAND USE CHANGE - 39 N.W. 39TH AVENUE (THE VILLAS) (B)
Ordinance No. 0-09-41, Petition PZ-09-43LUC
An ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan, Future Land Use Map; by changing the land use category of certain property, as more specifically described in this ordinance, from the City of Gainesville land use category of "Residential Low-Density (up to 12 units per acre)" to the City of Gainesville land use category of "Commercial"; consisting of approximately 7.5 acres, located in the vicinity of the Southwest corner of Northeast 2nd Street and 39th Avenue, a/k/a 39 N.W. 39th Avenue; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission: 1) approve Petition No. PZ-09-43LUC; and 2) adopt the proposed ordinance.
explanation
STAFF REPORT
The purpose of this petition is to amend the land use on property located at 39 Northwest 39th Avenue, tax parcel no. 08247-000-000. The subject property is approximately 7.5 acres, and would change the Future Land Use designation from Residential Low-Density (up to 12 units per acre) to COM (Commercial). The property is currently zoned MH (12 units/acre mobile home district), and would be rezoned to BUS (General business district). The property is part of the Villas at 39th development, which has residential lots that are available for the placement of manufactured homes that lie to the south of the subject property. This petition for Commercial land use will have no impact on the provision of affordable housing. The lots for the placement of manufactured housing in the Villas at 39th development are to the south of the subject property.
A variety of uses are in the general vicinity of the subject property. The City's Public Works Center has a public facilities and industrial character because of the fleet maintenance operations. On the east side of the subject property, there are motor scooter sales, automobile sales and warehouse/storage uses. The warehouse/storage uses continue to the south, adjacent to the manufactured home lots that are part of the Villas at 39th development. These uses include a wholesale grocery distribution facility with significant truck traffic. To the north of the subject property across 39th Avenue, is residential development, in the form of another mobile home community and a subdivision composed mainly of duplexes. On either side of these residential developments along N.W. 39th Avenue are properties with BA zoning and Commercial land use. The proposed commercial land use and general business zoning would be compatible with the surrounding land uses. The proposed land use and subsequent zoning change will facilitate development of this property and will promote urban infill.
The subject property is currently vacant. The proposed land use change would allow for compatible commercial, office and service developments in an appropriate location that is near to other commercial activities. The proposed Commercial land use designation for the subject property is consistent with the City's comprehensive plan.
Planning Division staff recommended approval of Petition PZ-09-43 LUC.
The City Plan Board reviewed the petition and recommended approval, Plan Board vote 4-2.
Public notice was published in the Gainesville Sun on May 12, 2009. The Plan Board held a public hearing on May 28, 2009.
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.