title
COMPREHENSIVE PLAN AMENDMENT - RECREATION ELEMENT (B)
Ordinance No. 110608; Petition No. PB-11-135 CPA
An ordinance amending the Recreation Element of the City of Gainesville Comprehensive Plan; by amending Objective 1.1 and its Policies 1.1.1, 1.1.5; by amending Policies 1.2.2, 1.2.3, 1.3.1, 1.3.2, 1.3.3 and 1.6.1; by amending Objective 1.8 and its Policy 1.8.3; by amending Policies 2.1.2 and 3.1.2; by amending Objective 3.2 and its Policies 3.2.1 and 3.2.2; by amending "Table 1: Service Level Standards for Parks and Facilities"; by amending the Park Design and Function Standards and the Park and Facility Substitution standards; 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, Florida Department of Education, St. Johns River Water Management District, Florida Department of Environmental Protection, and Florida Department of Economic Opportunity; and (2) adopt the proposed ordinance.
explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT
On March 15, 2012, the City Commission approved this ordinance by a vote of 5-0. In accordance with the expedited state review process, city staff transmitted this ordinance as part of the Amendment No. 12-3ESR package to the state reviewing agencies. During the 30 day comment period, the city received 5 letters of "no comment" from the reviewing agencies.
This ordinance proposes to amend the Recreation Element of the City of Gainesville Comprehensive Plan to include goals, objectives and policies that are the result of the former Evaluation and Appraisal Report (EAR) process. The Plan Board reviewed this Element and provided comments at workshops on March 31 and April 28, 2010. A progress report on this Element was heard by the City Commission on May 20, 2010. On December 27, 2010, the former Department of Community Affairs found the City's EAR submitted to be sufficient.
However, part way through bringing the EAR amendment petitions to the City Plan Board and City Commission, the legislature passed House Bill 7207 (now Chapter Law 2011-139), a new state growth management law effective June 2, 2011. The former EAR report process was eliminated and a new evaluation process has replaced it. Since the needed amendments to Comprehensive Plan elements were identified during the former process, the City is moving forward (outside of the new evaluation process) to update the Comprehensive Plan. The new law does not prohibit the City from doing so.
Amendments to the goals, objectives and policies include a revised Objective 1.1 and Policy 1.1.1 that deletes the reference to the Park and Facility Substitution Standards. The City also proposes to delete Policy 1.1.5, which references these standards. Policy 1.3.1 states that the City will continue to coordinate with the County on recreation planning in the urban area. Policy 1.3.2 has been deleted because the City does not fund outside agencies. Policy 1.3.3 has been renumbered to be the new Policy 1.3.2 and states that the City will work with specific school sites concerning public use of school facilities.
Policy 1.6.1 states that the City shall continue to see that community parks shall provide bicycle and pedestrian access meeting Traffic Engineering standards. Policy 1.8.3 has added examples of alternative means of funding recreation activities. Policy 2.1.2 adds that comprehensive plan policies also promote the establishment of the trail network. Policy 3.1.2 requires City staff to submit reports to the City Commission concerning updates of the capital improvements program. Policy 3.2.1 references the findings of the Parks, Recreation and Cultural Affairs Master Plan. Table 1: Service Level Standards for Parks and Facilities reflects changes in the level of service standards. The Park Design and Function standards update park names and dates. Finally, the Park and Facility Substitution standards are deleted.
Public notice of the petition was published in the Gainesville Sun on November 17, 2011. On December 5, 2011, the City Plan Board held a public hearing and, by a vote of 4-0, recommended approval.
CITY ATTORNEY MEMORANDUM
Florida Statutes set forth the procedure for adoption of an amendment to the Comprehensive Plan. The first public hearing is the transmittal stage and must be advertised at least seven (7) days prior to the hearing. The second public hearing is the adoption stage and must be advertised at least five (5) days prior to the hearing.
In accordance with Section 163.3184, Florida Statutes, within 10 days after the first public hearing, the City must transmit the Comprehensive 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 to the City. The City must then consider during the second public hearing any written comments received.
If adopted on second reading, this ordinance will be sent to the state land planning agency and any party that submitted written comments, and the Comprehensive Plan amendment, if not timely challenged, shall be effective 31 days after the state land planning agency notifies the City that the amendment package is complete. If the amendment is challenged, it will not become effective until 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 it has become effective.