Agenda Item Name:
Title
Board-Initiated Charter Amendments: Draft Ordinances for Authorization to Advertise Public Hearings
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Presenter:
Ben Chumley, Senior Planner, Growth Management, and other Staff
Description:
Staff will provide a presentation in follow-up to the Board’s direction from the March 3, 2020 meeting regarding potential Board-initiated amendments to the Alachua County Home Rule Charter relating to land use planning and protection of natural resources. Staff will present two draft ordinances with proposed amendments to the Charter, and is requesting direction from the Board on advertisement of public hearings on these ordinances.
One draft ordinance contains proposed amendments to Section 1.5 of the Charter, and deals with County land use planning for the Rural Area of the County. The other draft ordinance contains proposed amendments to Section 1.4 of the Charter, and deals with conflicts between County and municipal ordinances regarding the protection of certain natural resources.
If the Board authorizes advertisement of public hearings on either or both of these ordinances, the public hearings will need to be scheduled prior to June 12, 2020 in order to meet deadlines established by the Supervisor of Elections. If the ordinances are then approved by a super-majority vote of the Board at those public hearings, then the Charter amendment questions will be placed on the ballot for voter consideration in the November 2020 general election.
Recommended Action:
Recommended Action
If the Board wishes to move forward with either or both of the proposed Charter amendments, then direct staff to advertise the required public hearings for consideration of the draft ordinances to place the Charter amendment questions on the ballot (or authorize advertisement with changes).
Alternatively, the Board may wish to direct staff to make certain changes to the draft ordinances, and bring them back to the Board for authorization to advertise public hearings at the next available Board meeting.
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Prior Board Motions:
From March 3, 2020 BoCC Meeting:
1. Embrace bullet points 2 and 3 as the general purposes for the Charter amendment:
• Preserve areas of rural and agricultural land use, and discourage sprawl
• Protect areas with significant natural resource value
2. Direct staff to develop an implementation framework for a model for the charter amendment based on Map #2A.
3. County would retain land use and zoning authority over the specified areas (“Rural Area” on Map 2A), whether annexed or not, up until the point where the County votes to turn the land use and zoning authority over to the municipality, at which point the municipality could apply its land use and zoning.
4. Consider the issue of how the County could allow municipalities to develop land (i.e., allow for land to be developed under City’s Comp Plan and LDRs after annexation) while retaining County protection for natural resources.
Fiscal Consideration:
Fiscal Consideration
N/A
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Background:
Pursuant to Alachua County Charter, Sec. 4.2(C), the Board of County Commissioners may propose amendments to the Charter by adopting and ordinance by a super majority vote at least 90 days prior to a general election. The amendments will be incorporated into the Charter if approved by a majority of the electors voting in an election.
Sec. 4.2(C) Amendments proposed by the board of county commissioners.
(1) Amendments to this home rule charter may be proposed by ordinance adopted by the board of county commissioners by an affirmative vote of a majority plus one (1) of the membership of the board of county commissioners. Each proposed amendment shall embrace but one (1) subject and matter directly connected therewith. Each proposed amendment shall only become effective upon approval by a majority of the electors of Alachua County voting in a referendum at the next general election. The board of county commissioners shall give public notice of such referendum election at least ninety (90) days prior to the general election referendum date.
(2) If approved by a majority of those electors voting on the amendment at the general election, the amendment shall become effective on the date specified in the amendment, or, if not so specified, on January 1 of the succeeding year.