title
COMPREHENSIVE PLAN AMENDMENT - INTERGOVERNMENTAL COORDINATION ELEMENT (B)
Ordinance No.110174; Petition No. PB-11-62 CPA
An ordinance amending the City of Gainesville Comprehensive Plan Intergovernmental Coordination 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.
The Intergovernmental Coordination Element (ICE) was amended in December 2008 to meet statutory requirements for public school concurrency and to update statutory references in the ICE. The amended ICE was approved on the same date that the then-required Public Schools Facilities Element was adopted by the City Commission. Public school concurrency has since been and continues to be implemented in the City of Gainesville, consistent with the school district-wide concurrency requirements that are implemented throughout the entire County.
The City Plan Board reviewed the Evaluation and Appraisal Report (EAR) for the ICE of the Comprehensive Plan at a public workshop on April 28, 2010, as did the City Commission during an EAR progress report on May 20, 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. Because 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.
A major change with respect to school concurrency has recently occurred. The Florida Legislature's approval of House Bill 7207 on May 7, 2011 deleted the F.S. 163 requirements pertaining to a public school facilities element. Gainesville's Public Schools Facilities Element (PSFE) therefore is no longer a required element of the Comprehensive Plan, and school concurrency is no longer required by Chapter 163, Florida Statutes.
The proposed amendments to the Goals, Objectives, and Policies of the ICE for the updated Gainesville Comprehensive Plan include new Policies 1.1.4, 1.1.10, and 1.3.7 that require: meeting with representatives of the School Board and other local governments to discuss public school concurrency issues; development of a State-required interlocal agreement with Alachua County regarding airport zoning regulations pertaining to the airport hazard area; and coordination with Alachua County on additional funding sources for transportation.
The Plan Board on May 26, 2011 heard a staff presentation on proposed amendments to the ICE, provided comments to staff, and continued the petition to the June 23, 2011 Plan Board meeting. The Plan Board in its May 26, 2011 review of Petition PB-11-62 CPA expressed no interest in eliminating public school concurrency or the Public Schools Facilities Element. However, the Plan Board's motion on June 23rd included a recommendation that staff continue discussions with the School Board and other local governments regarding school concurrency.
Public notice was published in the Gainesville Sun on May 9, 2011. The Plan Board held a public hearing on May 26, 2011 and continued this item to June 23, 2011. The Plan Board approved the petition on June 23, 2011 with amendments.
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.