title
COMPREHENSIVE PLAN AMENDMENT - CULTURAL AFFAIRS ELEMENT (B)
Ordinance No. 110170; Petition No. PB-11-5 CPA
An ordinance amending the City of Gainesville Comprehensive Plan Cultural Affairs Element by updating and amending the Objectives and Policies 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.
This petition is part of updating the City of Gainesville Comprehensive Plan. The Cultural Affairs Element emphasizes the cultural "industry" in the City of Gainesville. The City Plan Board reviewed and provided comments to the Evaluation and Appraisal Report (EAR) for the Cultural Affairs Element of the Comprehensive Plan at a public workshop on March 31, 2010. 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 changes to the Goals, Objectives, and Policies include incorporating the 2004 Cultural Plan goals and information from Arts and Economic Prosperity III, a national survey of the economic impact of the non-profit arts and cultural organizations and their audiences, conducted by Americans for the Arts in 2007 in which the City of Gainesville participated.
Many of the objectives and policies have been deleted because the City of Gainesville has little control over educational organizations and needs to delete all the policies under Objective 2.3 which state, "The City shall enhance and support opportunities for artistic training and preparation across all creative and performing art forms and at all levels". Objective 2.3 and all the Policies are deleted from the Cultural Affairs Element.
Additional objectives and policies were deleted in relation to a shift in departmental responsibility. The Community Redevelopment Agency (CRA) has taken some responsibility for the Bo Diddley Plaza development and the Parks, Recreation and Cultural Affairs Department continues its maintenance, as well as the "Free Fridays" concert series from May through October.
The remaining objectives and policies have been restructured and combined.
Public notice was published in the Gainesville Sun on February 8, 2011. The Plan Board held a public hearing on February 24, 2011 and recommended approval with a 7-0 vote.
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.