title
COMPREHENSIVE PLAN AMENDMENT - POTABLE WATER & WASTEWATER ELEMENT (B)
Ordinance No.110249; Petition No. PB-11-93 CPA
An ordinance amending the City of Gainesville Comprehensive Plan Potable Water & Wastewater 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 20, 2011, the City Commission approved this ordinance by a vote of 6-0 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.
The Potable Water & Wastewater Element was last amended in September 2003 (by Ordinance No. 020721).
The proposed amendments of the Goals, Objectives, and Policies of the Potable Water & Wastewater Element for the updated Gainesville Comprehensive Plan include those that were recommended by the old Evaluation and Appraisal Report (EAR) process (the City's EAR was adopted by the City Commission on October 21, 2010 and deemed sufficient by the Florida Department of Community Affairs on December 27, 2010), and those that reflect State statutory changes since the element was last amended.
The EAR called for various amendments (e.g., "Florida Friendly" landscaping, year-round conservation rate structure for water, better regulation of private wells, and use of reclaimed water) to the goals, objectives and policies of the Potable Water & Wastewater Element, which are proposed by this petition. Other proposed amendments include referencing water/wastewater projects in the 5-Year Schedule of Capital Improvements rather than listing them in this element, adopting a level of service for water supply, and requiring amendment of the Comprehensive Plan to include a 10-year work plan for water supply projects within 18 months of adoption of water supply plans by the Water Management Districts.
The Plan Board discussed Petition PB-11-93 CPA and recommended approval with a 4-0 vote.
Public notice was published in the Gainesville Sun on July 12, 2011. The Plan Board held a public hearing on July 28, 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.