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File #: 080435.    Version: Name: CREATION OF "BI: BUSINESS INDUSTRIAL ZONING DISTRICT" (B)
Type: Ordinance Status: Adopted
File created: 3/5/2009 In control: City Attorney
On agenda: Final action: 3/19/2009
Title: CREATION OF "BI: BUSINESS INDUSTRIAL ZONING DISTRICT" (B) Ordinance No. 0-08-86; Petition No. 104TCH-08 PB An ordinance of the City of Gainesville, Florida, amending the Land Development Code of the City of Gainesville, by creating the "BI: Business Industrial zoning district;" reciting the purpose and objectives; specifying permitted uses; specifying dimensional requirements and additional requirements; providing directions to the codifier; providing a severability clause; and providing an immediate effective date.
Attachments: 1. 080435_petition_20081106.pdf, 2. 080435_Business Ind Zoning Dist_20090305.pdf, 3. 080435_ordinance_20090319.pdf
title
CREATION OF "BI:  BUSINESS INDUSTRIAL ZONING DISTRICT" (B)
 
Ordinance No. 0-08-86; Petition No. 104TCH-08 PB
An ordinance of the City of Gainesville, Florida, amending the Land Development Code of the City of Gainesville, by creating the "BI: Business Industrial zoning district;" reciting the purpose and objectives; specifying permitted uses; specifying dimensional requirements and additional requirements; providing directions to the codifier; providing a severability clause; and providing an immediate effective date.
 
recommendation
The City Commission adopt the proposed ordinance.
 
explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT
 
While working with County staff to implement the business employment center concept of Plan East Gainesville for the Alachua County fairgrounds property, it was determined that a new land use category and zoning district were needed.  In consultation with both the City and County Attorneys, it was concluded that the City should develop a land use category and zoning district that would allow a mixture of business and industrial-type uses that would be compatible with the airport hazard zone areas.  Staff also felt that the new category and district would offer flexible zoning that could accommodate employment centers in other parts of the community.  On October 16, 2008, the City Commission amended the Comprehensive Plan by adding a Business Industrial land use category.  
 
This Ordinance No. 0-08-86 creates a new zoning district to implement the Business Industrial and Industrial land use categories.  The intent of the "BI: Business Industrial district" is to provide compatible uses near and adjacent to the airport, and to provide a business employment center that allows a variety of uses where employees have access to goods and services without having to leave the business park environment.  The district has been designed to accommodate some areas that are currently zoned "I-1: Limited Industrial District", without making existing businesses non-conforming to allow future business-park type uses that require a more organized and unified pattern of development.
 
The district will allow a variety of office, business/retail, research and development, and light industrial uses.  The setbacks are designed to provide enough separation from the street for landscaping and to have the building front close enough for the area to be walkable.
 
In addition, with this district, staff is trying to be proactive and respond to some of the comments we have received from economic development professionals.  The main comment has been that Gainesville does not have flexible zoning or enough land that will allow larger or expanding companies to locate here.  This is the first step in attempting to address this concern.
 
Public notice was published in the Gainesville Sun on September 6, 2008, and the Plan Board held a public hearing on September 22, 2008, and, by a vote of 4-0, recommended the City Commission approve the Petition.
 
On November 6, 2008, the City Commission held a public hearing and, by a vote of 6-0, approved the Petition.  After the Petition hearing by the City Commission, planning staff realized that four uses currently allowed in the I-1 and I-2 Industrial Zoning districts were inadvertently omitted from the Petition.  Those uses have been included as uses by right in this Ordinance and are as follows:  
 
      IN 0752      Animal Specialty Services
      GN 076      Farm Labor and Management Services
      MG 41            Local and Suburban Transit and Interurban Highway Passenger Transportation
      MG 42            Motor Freight Transportation and Warehousing
      MG 27            Printing, Publishing and Allied Industries, excluding Gravure (IN 2754)
 
In addition, given the other assembly uses allowed by right, Places of Religious Assembly and Membership Organizations (MG-86) have been added as uses by right in this ordinance.
 
CITY ATTORNEY MEMORANDUM
 
Should this ordinance pass on first reading, second and final reading will be held on Thursday, March 19, 2009.
 



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