title
Conrad Yelvington, as Trustee for the Conrad Yelvington Revocable Trust of 1997 and Gary Yelvington, as Trustee of the Gary Yelvington Revocable Trust of 1997 v. City of Gainesville; Alachua County Circuit Court; Case No.: 01-01-CA-2047 (B)
recommendation
The City Commission receive an update on the status of the litigation and discuss a procedure for hearing an application for a special use permit for an asphalt plant, and possibly either a wellfield protection permit or wellfield special use permit, as applicable, on the property.
explanation
In February 2001, several citizens appeared at a City Commission meeting and expressed concerns about the proposed location of an asphalt and concrete batch plant on property on 441 north of the Florida Highway Patrol Station. At that meeting, after hearing the comments of the citizens, the City Commission authorized the City Attorney to draft an ordinance imposing a moratorium on certain uses in its industrial land use areas. Three days later, Watson Construction Company, the owner of the proposed asphalt and concrete batch plant, filed a plan for preliminary site plan approval for the asphalt and concrete batch plant. Watson planned to put the plant on the 441 property owned by Conrad and Gary Yelvington. The Yelvingtons operated a rock aggregate facility on the property.
Watson filed suit, requesting the Court enjoin the City from enacting the moratorium ordinance, or in the alternative, to declare that Watson was not subject to the ordinance. The court refused to do so.
At the same time that the City Commission authorized the City Attorney to draft the moratorium ordinance, the Commission also referred to the Community Development Committee the task of recommending the uses in the I-1 and I-2 to be studied in the moratorium. The subcommittee, and later the full commission, heard testimony, took evidence and considered what uses should be studied in the moratorium. After several public h...
Click here for full text