title
COMPREHENSIVE PLAN AMENDMENT - CONSERVATION, OPEN SPACE & GROUNDWATER RECHARGE AND FUTURE LAND USE ELEMENTS (B)
Ordinance No. 110246; Petition No. PB-11-75 CPA
An ordinance amending the City of Gainesville Comprehensive Plan; by amending the Conservation, Open Space & Groundwater Recharge Element Policies 1.1.1, 1.1.1.b, 1.1.1.b.2, 1.1.1.b.3, 1.1.1.b.4, 1.1.1.b.11, 1.1.1.c, 1.1.1.f, Objective 2.4, and Policies 2.4.1, 2.4.2, 2.4.11, and 2.4.12; by amending the Future Land Use Element Policies 3.1.1, and 3.1.2; by creating and adding a Policy 3.2.4 to the Future Land Use Element; by deleting the Uplands map and replacing it with a Strategic Ecosystems map in the Environmentally Significant Land and Resources Map Series within the Future Land Use Map Series; providing directions to the city manager; 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.
explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT
This ordinance provides Comprehensive Plan support and consistency for the proposed changes being made to the City's regulations for natural and archaeological resource protection as approved by the Plan Board on March 24, 2011 (Petition PB-10-143 TCH) and the City Commission on August 4, 2011 (Legistar #110076).
In addition to the changes made in support of the proposed environmental regulations, staff is proposing several text changes in policies for clarity or consistency with the Land Development Code.
Explanations for the changes are shown in the backup along with the proposed revisions to text in underline and strike-through. The first set of changes includes general policy amendments and additions to support the proposed new Natural and Archeological Resources Protection regulations. This involves amendments to the Conservation, Open Space and Groundwater Recharge and Future Land Use Elements. The second set of changes makes minor corrections and changes for clarity or consistency with the existing Land Development Code regulations for wetlands and other existing environmental features.
Additional changes to the Conservation, Open Space and Groundwater Recharge Element will be made in the next few months as part of a major update to the Comprehensive Plan. This set of changes reflects interim changes that staff deemed important for inclusion in the Plan.
After public notice was published in the Gainesville Sun on July 12, 2011, the City Plan Board held a public hearing on July 28, 2011 and, by a vote of 4-0, recommended the City Commission approve 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 (7) days prior to the first public hearing. The second public hearing is held at the adoption stage and must be advertised at least five (5) days before the adoption hearing.
In accordance with Chapter 163.3184, Florida Statutes, within 10 days after the first hearing, the City must transmit the plan amendment to the Reviewing Agencies and to any other local government or state agency that has filed a written request for same. These agencies have 30 days after receipt of the amendment to forward comments concerning the plan amendment to the City. The City must consider the written comments received, if any, during the second public hearing.
If adopted on second reading, the ordinance will be sent to the state land planning agency and any party that submitted written comments, and 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