Development of Regional Impact
Penny Wheat Responds
To Citizens Inquiry

The County has been participating every step of the way. County staff from different departments (for example, Growth Management, Public Works, etc.) have been involved with this proposed project. The Florida Statutes re: the proposed comprehensive plan amendment and the proposed Development of Regional Impact can be found at: http://www.leg.state.fl.us/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0380/SEC06.HTM

The term "development of regional impact" means any development which, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county. The local government must hear both the application for the comprehensive plan amendments and DRI development approval at the same hearing. However, the local government must take action separately on the application for comprehensive plan amendments and DRI development approval.

The first public hearing is the developer's request that the local government/Alachua City Commission (make a legislative decision to) amend its comprehensive growth management plan to "make space" for the larger development and its proposed uses. If the local government denies this request, the DRI is stopped in its tracks. The WACO property owners are requesting permission from the local government to do something more or bigger than what they are already permitted to do by right. They still have their existing land use and zoning, and all that permits right now. In order to protect the public health, safety and welfare, the Alachua City Commission has the absolute right to deny the request to change or amend its land use plan and not grant development rights in additional to those that are already there. The local government can do so at this stage for any number of reasons. Obviously, if Commissioners sense that the proposed changes to the land use plan would not be in the best interest of protection of pu blic health, safety and welfare, they should deny the request - now.

At this stage, the local government makes a basic decision as to whether or not the application complies with the goals, intent and purpose of the City's comprehensive plan and protects the public health, safety and welfare. If a City Commissioner is so inclined, all s/he has to do is ask their external counsel, Bob Apgar, to craft a motion with reasons for denial. They can also look at the latest correspondence from the County (see below). If the Alachua City Commission denies the petition to amend the land use plan, the developer cannot proceed with the DRI in its current form. Some local government bodies like to "pass the buck" and transmit the proposed land use changes to the Department of Community Affairs for review and comment; however, transmittal is akin to creeping or incremental approval. In addition, it is not good public policy to require another government agency to spend time and tax money reviewing something you have no intention of approving.

The developer can proceed with whatever land use and zoning is already permitted on the property in question. As a matter of fact, the law even allows the DRI applicant to proceed with "Phase 1" of the DRI project by entering into a written preliminary development agreement with the Department of Community Affairs. The developer can proceed with a limited amount of the total proposed development, subject to all other governmental approvals (already permitted land use and zoning) and solely at the developer's own risk, prior to issuance of a final development order.

The developer and owners of the land may not claim vested rights, or assert equitable estoppel, arising from the Phase 1 agreement or any expenditures or actions taken in reliance on the agreement to continue with the total proposed development beyond the preliminary development. The Phase 1 agreement shall not entitle the developer to a final development order approving the total proposed development or to particular conditions in a final development order.

However, once the Alachua City Commission makes the legislative (public health, safety and welfare) decision to approve the land use change, the Development Order (DO) for the Development of Regional Impact (DRI) is a fait accompli. If the local government approves the land use change, the Alachua City Commission has severely restricted its ability to deal with the DRI; if the DRI meets the requirements of law, that means either DRI approval or approval with conditions. The way in which the law is written restricts the ability of a local government to deal with a DRI; you cannot require something of the DRI unless you require it of all other developments, big or small.

During the last year, Rick Drummond (Growth Management Director) has provided regular updates to the county's Community Planning Group; those updates and correspondence re: this issue have been copied to County Commissioners. Within the last two weeks, Mr. Drummond wrote another letter (see below and attached) to Alachua's Planning Director (Laura Dedenbach). As I recall, the City had requested more information from the developer and the developer refused to provide it. Under the law, then, the City has a specific period of time in which it is required to act on the application. This proposed development will create enormous traffic congestion on county (not City of Alachua) roads, and thus the need for additional infrastructure. Since no funding is included, that means the general public will have to pay for it - somehow.

Written objections, recommendations and comments have also been provided (as required by law) by the North Central Florida Regional Planning Council (Chuck Kiester at kiester@ncfrpc.org; 955-2200, x102). County staff will also be present at appropriate public hearings to preserve County standing. As an aggrieved or adversely affected party, the adjacent local government (the County) has standing to challenge {at the appropriate time, 163.3215 (1,2) F.S.} should the County Commission agree to do so.

Penny

Rick Drummond letter (language below) attached as Word document "CPAs 2.doc"
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November 21, 2001

Laura Dedenbach, Planning Director

City of Alachua

PO Box 9

Alachua, FL 32616 FAX: (386) 462-1985


RE: Comprehensive Plan Amendments Associated with Proposed Alachua West Development of Regional Impact (DRI)

Dear Laura:

Please accept this letter providing Alachua County’s comments on the two amendments to the City of Alachua's Comprehensive Plan that have been proposed by WACO, Inc., in association with their proposed Alachua West DRI. As you know, Alachua County continues to be an active participant in the review of the DRI and we continue to have many concerns about the impacts that this development will have on the County's infrastructure and land uses.

The comprehensive plan amendment submittal package prepared by WACO, Inc., indicated that the data and analysis for the two comprehensive plan amendments are contained within the ADA, Addendum 1 and Addendum 2 (the responses to the NCFRPC's sufficiency responses) and a supporting data and analysis report and revision filed with the City. We have reviewed these documents and conclude that there is no new data and analysis to support the proposed amendments. Our concerns that are specific to the proposed comprehensive plan amendments are enumerated as follows:

1) Part I. This amendment proposes to change the future land use designation of several parcels that are currently designated Agriculture to higher intensity uses, including Medium and High Density Residential, and Commercial. There is no data and analysis as required by Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code, in either Addendum 2, the comprehensive plan amendment, or previously submitted documents, that supports the need for such land use intensification. As previously stated in the letter dated December 18, 2000, the City of Alachua's Evaluation and Appraisal Report (EAR), transmitted on June 30, 1998, provided no indication of a need to convert agricultural lands to the more intense land use designations proposed in this amendment. In fact, the EAR recommended that the existing Industrial land use be designated to Moderate Density Residential land use.

The transportation analysis shows that the proposed land uses will adversely impact several County operated, publically funded roadways. Neither the amendment, Addendum 2, nor the previous submittals provides the required data and analysis evaluating the Capital Improvements Element of the City of Alachua's Comprehensive Plan demonstrating how the infrastructure and services will be funded to support the increased impacts that would be generated by the proposed land use changes. We are still concerned that the modifications to County roads that are identified by the transportation analysis are not financially feasible, as they are not anticipated in either the City's or the County's Capital Improvements Elements.

2) Part II. This amendment proposes to add a sentence to Future Land Use Element Policy I.1.3 in order to authorize a proportionate fair share approach to the funding of transportation facilities for multi-use DRI's. We are concerned that there is not enough detail provided in this proposed policy. Specifically, the comprehensive plan policy should include a local definition of multi-use DRIs to determine if the requirements are met for using proportionate share contributions. In addition, there is insufficient guidance to determine how the proportionate share funding proposal would be applied to County maintained roads.

Again, we look forward to a continued open dialogue with you and your staff, as well as other parties in these proceedings, to resolve these issues and determine the best course of action regarding the impacted roadways prior to adoption of the proposed comprehensive plan amendments.

Please call me at 374-5249 to discuss any of these issues.

Sincerely,

Richard Drummond, Director
Department of Growth Management

xc: Alachua County Board of County Commissioners

Randall Reid, County Manager
David Wagner, County Attorney
Mark Hill, Assistant County Manager
Matt Dominy, Director, Public Works
Chris Bird, Director, Environmental Protection
Jim Crews, Department of Community Affairs
Chuck Kiester, NCFRPC
Lowell Garrett, NCFRPC
Missy Daniels, DRI Coordinator
John Sabatella, Senior Transportation Planner