title
COMPREHENSIVE PLAN AMENDMENT - FUTURE LAND USE ELEMENT (B)
Ordinance No. 110290; Petition No. PB-11-103 CPA
An ordinance amending the Future Land Use Element of the City of Gainesville Comprehensive Plan; by updating and amending the Objective and Policies relating to the development of the Innovative Economy within the non-residential areas of the Gainesville Innovation Zone, 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 20, 2011, the City Commission approved this ordinance by a vote of 7-0 and transmitted this ordinance as part of the Amendment No. 11-3 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 November 23, 2011, stating that there are no significant adverse impacts to regional resources and facilities, and no increase in intensities/densities of use or are not located in a Transportation Concurrency Exception Area. The St. Johns River Water Management District issued a letter dated November 10, 2011, stating they there are no adverse impacts to important state resources and facilities. The Florida Department of Education issued a letter dated November 16, 2011, stating that there are no adverse impacts on public school facilities, 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 amends the Intergovernmental Coordination Element (ICE) by deleting Objective 1.7 and all of its policies and moving them to the Future Land Use Element. This action was recommended by the old Evaluation and Appraisal Report (EAR) that was adopted on October 21, 2010 and deemed sufficient by the Florida Department of Community Affairs on December 27, 2010.
Because the Innovation Zone is an important part of the City's strategy for redevelopment and economic development, the Objective and policies are being moved to the Future Land Use Element to give them more prominence and visibility.
The Plan Board heard a presentation on Petition PB-11-103 CPA and recommended approval with a 4-0 vote.
Public notice was published in the Gainesville Sun on August 9, 2011. The Plan Board held a public hearing on August 25, 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.