Significant Update:  Hearings on two petitions challenging City of Gainesville’s elimination of single-family zoning scheduled for February 2023

Press release from Gainesville Neighborhood Voices, Inc.

GAINESVILLE, Fla. – Two petitions challenging the City of Gainesville’s comprehensive plan amendments that eliminated single-family zoning have been filed with the Division of Administrative Hearings (DOAH). They are scheduled to be heard, separately, beginning on February 14 and February 27, 2023, by Administrative Law Judge E. Gary Early, via Zoom.

The first, filed by Gainesville residents Peggy Carr and Faye Williams with the financial support of Gainesville Neighborhood Voices, has been rescheduled to begin February 14, 2023. It had previously been set for a December 13, 2022 hearing.

The second petition, filed by Florida’s Department of Economic Opportunity (DEO), has been set for a separate hearing at the request of the DEO. That hearing is set to begin on February 27, 2023.

The City’s amendments, passed by a narrow 4-3 vote of the City Commission, eliminate, across the City, the single-family future land use designation that allows a maximum of 8 dwelling units per acre. These amendments replace the single-family category with “Residential Low Density,” which allows 15 dwelling units per acre – nearly double the previous maximum density.

In January 2023, three of the Commissioners that voted in favor of the amendments – Arreola, Hayes-Santos, and Poe – will complete their terms of office and be replaced by three new Commissioners. The fourth “yes” vote was by Commissioner Saco, who is currently on personal leave from the Commission. 

In addition to the State of Florida DEO, the petition filed by Carr and Williams was supported by the Alachua County Board of County Commissioners, which intervened on the residents’ behalf. The City’s own Plan Board, Affordable Housing Committee, and Historic Preservation Board also voted in opposition to the City’s action prior to the Commission’s October 17 vote. In addition, 1000 Friends of Florida supported the Petitioners’ position.

The Order Rescheduling the Hearing of Petitioners Carr and Williams vs. the City of Gainesville Hearings can be found here. Carr and Williams’ full Petition for Formal Administrative Hearing, challenging the City of Gainesville, can be found here.

The Notice of Hearing for the Florida Department of Economic Development vs. the City of Gainesville can be found here. The State of Florida Department of Economic Opportunity’s Petition for Formal Administrative Hearing challenging the City’s elimination of single-family zoning is here.

Carr and Williams’ petition was supported by Gainesville Neighborhood Voices, Inc. More information about the organization can be found at https://www.gainesvilleneighborhoodsunited.org