It IS in the Statutes
In the last commission meeting I offered to email sections
of the regulations that support my statement that the City is supposed to have a
reason to amend the comprehensive plan. I
have not heard back from Mr. Malphurs as to what his email address is, so I am
sending these to Alachuapost.com for forwarding.
I am not an attorney and do not intend this to be any form of a legal
opinion. I am simply pulling
sections from the DCA web site that I found when I wanted to know what was
required for the City to amend the comprehensive plan.
There are several areas in the Florida Administrative Code
(FAC) where the submittal requirements for a comprehensive plan amendment
support the notion that the City should not increase the amount of industrial
land unless they can demonstrate a specific need for it.
There are also several places where the City is supposed to determine if
the infrastructure is sufficient to serve the amendment proposed.
Therefore, in spite of what Mr. Malphurs told the City
Commissioners, it is not “spot zoning” when you are asking a property owner
to identify the property’s development plan to provide a specific reason to
rezone. Again, this is a comprehensive plan amendment, not just a rezoning that
matches the future land use maps.
Here are several places where the Florida Administrative
Code addresses these issues. There
are likely more, but this should suffice for the City Attorney to see I am not
making statutes up. I have
underlined some specific references.
I am sure our City Attorney’s response will be that we
can get around these. Yes, and I
bet he is willing to go to court, too! But
why should we? Why shouldn’t we
go beyond the letter of the law in planning our community instead of trying to
find away around to suit the whims of developers?
Kiera Fitzgerald
Citizen
http://www.dca.state.fl.us/fdcp/DCP
/Resources/Legislation/9J11/9j11_007.htm
9J-11.007 Data and Analysis Requirements for Proposed
Local Government Comprehensive Plan Amendments.
(1) Each proposed plan amendment must be supported
by data and analysis in accordance with Rule 9J-5.005(2), Florida Administrative
Code, and Rules 9J-11.006(1)(b)1. through 5., Florida Administrative Code.
If the original plan data and analysis or the data and analysis of a previous
amendment support and meet the requirements cited above for the amendment, no
additional data and analysis are required to be submitted to the Department
unless the previously submitted data and analysis no longer include and rely on
the best available existing data. Copies of the updated and reanalyzed data and
analysis must be submitted if the original plan data or data in support of a
previous amendment are no longer the best available data and analysis or if the
data and analysis no longer support the plan.
(2) If a local government relies on original plan
data and analysis or the data and analysis of a previous amendment to support an
amendment, it shall provide to the Department, at the time of the proposed
submittal, a reference to the specific portions of the previously submitted data
and analysis on which the local government relies to support the amendment.
(3) All plan amendments must meet the requirements
of Rule 9J-5, Florida
Administrative Code.
Specific Authority 163.3177(9) FS.
Law Implemented 163.3177(9), 163.3171, 163.3174, 163.3177,
163.3178, 163.3181, 163.3184, 163.3187 FS.
History--New 11-10-93, Amended 11-6-96.
http://www.dca.state.fl.us/fdcp/
DCP/Resources/Legislation/9J5/9j-5_0057-006.htm
9J-5.006(5)(h) Evaluation of land uses. The
comprehensive plan must be reviewed in its entirety to make the determinations
in (5)(g) above. Plan amendments must be reviewed individually and for their
impact on the remainder of the plan. However, in either case, a land use
analysis will be the focus of the review and constitute the primary factor for
making the determinations. Land use types cumulatively (within the entire
jurisdiction and areas less than the entire jurisdiction, and in proximate areas
outside the jurisdiction) will be evaluated based on density, intensity,
distribution and functional relationship, including an analysis of the
distribution of urban and rural land uses. Each land use type will be evaluated
based on:
1. Extent.
2. Location.
3. Distribution.
4. Density.
5. Intensity.
6. Compatibility.
7. Suitability.
8. Functional relationship.
9. Land use combinations.
10.
Demonstrated need over the planning period.
http://www.dca.state.fl.us/fdcp
/DCP/Resources/Legislation/9J11/9j11_006.htm
9J-11.006
Submittal Requirements for Proposed Local Government Comprehensive Plan
Amendments.
1) Each proposed amendment including applicable supporting
documents which include data and analyses shall be submitted directly to the
Florida Department of Community Affairs, Division of Resource Planning and
Management, Plan Processing Team, the appropriate regional planning council,
water management district(s), Department of Transportation and Department of
Environmental Protection. Proposed plan amendments, except those discussed under
the exemption provisions of Rule 9J-11.006(1)(a)7., Florida Administrative Code,
below, shall be consolidated into a single submission for each of the two plan
amendments adoption times during the calendar year. The comprehensive plan
submitted pursuant to Section 163.3167, Florida Statutes, shall be counted as
one of the two plan amendment adoption times during the calendar year; however,
only the submittal requirements of Rule 9J-11.004, Florida Administrative Code,
must be followed.
For each proposed plan amendment submittal package, the
local governing body shall submit:……
(b) 1. Future land use map(s) depicting the following
information:
a. The proposed future land use map designation of the
subject property; the boundary of the subject property and its location in
relation to the surrounding street and thoroughfare network;
b. The present future land use map designations of the
subject property and the abutting properties adjoining the subject area;
2. An existing land use map depicting the existing land
use(s) of the subject property and abutting properties;
3. The size of the subject property in acres or fractions
thereof;
4. A
description of the availability of and the demand on the following public
facilities: sanitary sewer, solid waste, drainage, potable water, traffic
circulation and recreation, as appropriate; and
5. Information regarding the compatibility of the
proposed land use amendments with the land use element objectives and policies,
and those of other affected elements; | 
