title
COMPREHENSIVE PLAN AMENDMENT - 5-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS (B)
Ordinance No. 0-08-73; Petition No. 34CPA-08 PB
An ordinance of the City of Gainesville, Florida, amending the Capital Improvements Element of the City of Gainesville 2000-2010 Comprehensive Plan by creating and adding two new policies related to proportionate fair-share contributions and financial feasibility and by adopting the annual update of the 5-Year Schedule of Capital Improvements; providing directions to the city manager; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission (1) approve Petition No. 34CPA-08 PB, and (2) adopt the proposed ordinance.
explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT
Under State law, each local government must submit a financially feasible comprehensive plan by December 1, 2008. This is accomplished by updating the 5-Year Schedule of Capital Improvements to show how level of service (LOS) deficiencies will be corrected and to identify the funding sources for financing the capital projects needed.
This petition is an annual update of the City's Capital Improvement Element (CIE) and 5-Year Schedule of Capital Improvements in conformance with the provisions of State law. The CIE contains information about projects and/or facilities that are needed to: correct existing deficiencies in levels of service (LOS); maintain existing LOS, or deal with projected LOS deficiencies that will occur during the 5-year planning period. For this update, the planning period is FYs 2007/2008 - 2011/2012.
The capital improvements discussed in the CIE and 5-Year Schedule are only related to levels of service adopted in the Comprehensive Plan. Capital improvements are defined as: land, non-structural improvements to land, and structures (including the costs for design, permitting, construction, furnishings and equipment) with a unit cost of $25,000 or more. The improvement shall have an expected life of at least 2 years.
This petition also contains two new policies (Policies 1.1.11 and 1.1.12), mandated by recent changes in state law, to make the City's CIE consistent with the proportionate fair-share requirements (proportionate fair-share can serve as a funding source for capital improvements) and to ensure financial feasibility.
The CIE and 5-Year Schedule of Improvements must also be consistent with the City's Comprehensive Plan. After review of the projects listed in the 5-Year Schedule, Planning Staff finds that the proposed 5-Year Schedule is consistent with the Comprehensive Plan.
The City Plan Board heard and recommended approval of this item in April, 2008, prior to the adoption of the City's current fiscal year budget. In order to incorporate the changes resulting from the budget process, Planning staff recommends the adoption of a revised 5-Year Schedule of Capital Improvements (Revised Attachment 1 is appended to the draft ordinance). The physical locations of the capital improvement projects are depicted on Map 6 (appended to this cover memo as Revised Attachment 2). This map is not adopted as part of the ordinance, but will be incorporated into the data and analysis for the Capital Improvements Element.
At the time of agenda item preparation, the results of the referendum for a two-year, 1/2 percent Local Government Infrastructure Surtax (Wild Spaces and Public Places) are unknown. Staff recommends that if the referendum passes, the resulting funding sources and capital projects be incorporated in the next update of the 5-Year Schedule of Capital Improvements.
CITY ATTORNEY MEMORANDUM
On April 17, 2008, the Plan Board, by a vote of 7-0, recommended the City Commission approve the petition, and the Planning and Development Services Department has requested the City Attorney's Office to prepare the appropriate ordinance amending the Capital Improvements Element of the City of Gainesville 2000-2010 Comprehensive Plan.
Florida Statutes set forth the procedure for adoption of an annual update and amendment to the Capital Improvements Element of the Comprehensive Plan. Section 163.3177(3)(b)(2), F.S., requires only a single adoption hearing for this amendment. In addition, pursuant to ยง163.3187(1)(f), F.S., this amendment may be made at a date other than the two times per year limitation on comprehensive plan amendments when necessary to coincide with the adoption of the City's budget and capital improvements program.
The Plan amendment will not become effective until the State Department of Community Affairs issues a final order determining the adopted amendment to be in compliance in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act, or until the Administration Commission (Governor and Cabinet) issues a final order determining the adopted amendment to be in compliance.