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COMPREHENSIVE PLAN AMENDMENT - INTERGOVERNMENTAL COORDINATION ELEMENT - SCHOOL CONCURRENCY (B)
Ordinance No. 0-08-43, Petition 47CPA-08PB
An ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan, Intergovernmental Coordination Element relating to public school concurrency; by amending Policy 1.1.1 and Policy 1.1.2 to update statutory references; by creating a new policy 1.1.4 to provide for coordination in implementing public school concurrency requirements; by renumbering existing policies; providing directions to the city manager; stating intent to adopt the amended element as part of the City of Gainesville 2000-2010 Comprehensive Plan; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission (1) receive the Objections, Recommendations and Comments Report of the Florida Department of Community Affairs and (2) adopt the proposed ordinance.
explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT
On July 14, 2008, the City Commission approved this ordinance for transmittal to the Florida Department of Community Affairs (DCA) for review in accordance with state law. On September 19, 2008, the DCA issued its Objections, Recommendations and Comments (ORC) Report to the City (attached as Exhibit "A") for the three school concurrency related amendments. In the ORC, the DCA made no objection, recommendation or comment as to this amendment. Therefore, no revisions were made to the ordinance as approved at the transmittal hearing.
Background
The Intergovernmental Coordination Element (ICE) must be amended to meet statutory requirements for public school concurrency and updated so that its statutory references are current. The proposed amendments are consistent with the proposed Public School Facilities Element that is the subject of related Petition 46CPA-08 PB, and will further its implementation. Data and analysis for these amendments to the City's 2000-2010 City of Gainesville Compre-hensive Plan are in the documents entitled City of Gainesville - Public School Facilities Element - February 6, 2008; School Board of Alachua County Public School Facilities Element - Supplemental Dataset - December 2, 2008 - Proposed School Concurrency Program with Updated Capacity / Enrollment Data; Table 15: School Board of Alachua County 5-Year District Facilities Work Program (FY 08/09 -12/13) (in $1,000s); Alachua County Schools - School Concurrency Map Series, consisting of three maps; and the Interlocal Agreement for Public School Facility Planning.
This comprehensive plan amendment updates references to the Florida Statutes in two existing ICE policies, and adds a policy regarding implementation of the interlocal agreement regarding public school facility planning and implementation of the Public School Facilities Element to extend concurrency requirements to public schools.
The proposed amendments to the Intergovernmental Coordination Element are consistent with the City of Gainesville 2000-2010 Comprehensive Plan, and are recommended for approval.
Public Notice was published in the Gainesville Sun on April 2, 2008. On April 24, 2008, the Plan Board held a public hearing and, by a vote of 7-0, recommended approval of the Petition. On June 23, 2008, the City Commission held a public hearing and approved the Petition.
CITY ATTORNEY MEMORANDUM
Florida Statutes set forth the procedure for adoption of an amendment to the Comprehensive Plan. The first hearing is held at the transmittal stage and must be advertised seven days prior to the first public hearing. The second hearing will be held at the adoption stage of the ordinance and must be advertised five days before the adoption hearing.
If adopted on first reading, the proposed amendment to the Comprehensive Plan will be transmitted to the State Department of Community Affairs (DCA) for written comment. Any comments, recommendations or objections of the DCA will be considered by the Commission at the second public hearing.
Following second reading, the Plan amendment will not become effective until the DCA 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.