title
COMPREHENSIVE PLAN AMENDMENT - PUBLIC SCHOOLS FACILITIES ELEMENT (B)
Ordinance No.110173; Petition No. PB-11-31 CPA
An ordinance amending the City of Gainesville Comprehensive Plan Public Schools Facilities Element by updating and amending the Objectives and Policies of Goals 2 and 3 as more specifically set forth in this Ordinance; providing directions to the city manager and the codifier; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission: 1) receive letters of "no comment" from the North Central Florida Regional Planning Council, the St. Johns River Water Management District, the Florida Department of Education and the Florida Department of Economic Opportunity; and 2) adopt the proposed ordinance as amended.
explanation
STAFF REPORT
On October 6, 2011, the City Commission approved this ordinance by a vote of 7-0 and transmitted this ordinance as part of the Amendment No. 11-2 package to the State Land Planning Agency.
In accordance with the new growth management statutory law (House Bill 7207), now Chapter Law 2011-139) effective June 2, 2011, the North Central Florida Regional Planning Council issued a report dated October 27, 2011, stating that there are no adverse impacts to regional resources and facilities, and no adverse extrajurisdictional impacts as a result of amendments. The St. Johns River Water Management District issued a letter dated October 31, 2011, stating that they have no comments because no adverse impacts to state resources and facilities were identified. The Florida Department of Education issued a letter dated November 9, 2011, stating that there are no adverse impacts on public school facilities or compliance with statutes for implementation of school concurrency, therefore they offer no comment. The Florida Department of Economic Opportunity issued a letter dated November 16, 2011, stating that they have identified no comment related to important state resources and facilities that will be adversely impacted.
The City of Gainesville adopted a Public Schools Facilities Element (PSFE) in December 2008. The City Plan Board reviewed the Evaluation and Appraisal Report (EAR) for the Public Schools Facilities Element of the Comprehensive Plan at a public workshop on May 27, 2010, as did the City Commission during an EAR progress report on August 19, 2010. The Plan Board recommended approval of the EAR on September 15, 2010, and the City Commission adopted the EAR on October 21, 2010. The Florida Department of Community Affairs on December 27, 2010 determined that the City's adopted Evaluation and Appraisal Report was sufficient.
In the intervening period since the finding of sufficiency for the City's EAR, the legislature passed House Bill 7207 (now Chapter Law 2011-139), a new state growth management law, effective June 2, 2011. The old Evaluation and Appraisal Report process has been eliminated and a new evaluation requirement has replaced it. Since the needed amendments to comprehensive plan elements were identified during the old process, the City is moving forward (outside of the new evaluation process) to update the comprehensive plan.
The proposed amendments to the Goals, Objectives, and Policies of the Public Schools Facilities Element for the updated Gainesville Comprehensive Plan are to Objective 2.6, Policy 2.6.1 and Policy 3.1.2.
The amendments to Objective 2.6 and Policy 2.6.1 will remove the considerable administrative burden on the City of adopting the School Board's annually updated 5-Year District Facilities Work Program in the required annual update of the 5-Year Schedule of Capital Improvements in the Comprehensive Plan. The City has no control over the School Board's 5-year facilities plan, which can and should be incorporated by reference (rather than by direct adoption) into the Capital Improvements Element of Gainesville's Comprehensive Plan. This has been found to be an acceptable procedure by the State Land Planning Agency and is a practice used by other local governments. The current 5-year facilities plan of the School Board is provided as updated data and analysis for the Public Schools Facilities Element.
The proposed amendment to Policy 3.1.2 will strengthen the promotion of the neighborhood concept in new development and redevelopment by deleting the limitation that neighborhood centers be encouraged only for existing schools.
The Plan Board heard the petition and recommended approval with a 5-0 vote. It is of note that the 2011 Florida Legislature subsequently approved legislation in which public school concurrency and a public schools facilities element of a comprehensive plan are no longer required, but are instead optional. The Plan Board discussed these legislative changes during its review on May 26, 2011 of Petition PB-11-62 CPA (update of the Intergovernmental Coordination Element), and did not indicate that it was interested in eliminating public school concurrency or the Public Schools Facilities Element.
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
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 state growth management law (HB7207, now Chapter Law 2011-139) if the City fails to hold the second reading within 180 days of the receipt of agency comments, the amendment shall be deemed withdrawn.
This ordinance, if adopted on second reading, will be transmitted to the State Land Planning Agency and any other agencies that provided written comments to the City. 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.
Due to changes in state law during the last legislative session, it is advisable to amend the ordinance to more closely conform to the new state law. Additionally, the City Commission very recently adopted an ordinance changing the name of the City's Comprehensive Plan.