Newberry Village debate a preview of constitutional amendment battle
May 21. 2007
by staff writer CINDY SWIRKO
The Gainsville Sun

A proposal to let voters decide if regulatory changes should be made to allow a mixed-use development on Newberry Road will be considered by the Alachua County Commission Tuesday.

The proposal is a settlement offer by Brad Stith, a Gainesville resident who has filed a legal challenge to action taken by the commission last year for Newberry Village on Newberry Road at Fort Clarke Boulevard.

"We're basically hoping the commissioners will let the citizens decide about this thing," Stith said. "I imagine there will be some discussion on whether it is legal and whether it is a good idea. It is a way to settle this without going through a giant battle like what went on with Springhills."

While the settlement deals only with Newberry Village, the remedy it seeks is a preview of a debate that may heat up in 2008 over a proposed constitutional amendment pushed by Florida Hometown Democracy, a group co-founded by Stith's Tallahassee attorney, Ross Burnaman.

The proposed state constitutional amendment would require that changes to a comprehensive plan - a city or county's blueprint for growth - be done through voter referendums rather than approval by commissions.

Supporters believe it is a way to give residents a direct say on whether new development that impacts the environment, the economy, traffic, schools, stormwater and other services should be allowed.

"A lot of the comp plan amendments I see are for increases in density or intensity - taking agriculture land and jacking it up for some sort of mixed-use development," Burnaman said. "A lot of people don't have any idea about what is being changed. If it is brought to their attention via the ballot, and the more educated they are about the long-term growth plans of their community, they might say, 'Gosh, that doesn't make sense,' or, 'Gosh, we can do this better.' They will become more informed."

Opponents argue the proposal would lead to costly special elections, lengthy ballots and other issues.

"Many of these issues, especially on comp plan amendments, are complicated and require a great deal of study and consideration," said Brent Christensen, president of the Gainesville Area Chamber of Commerce. "They are probably not well-handled in a voter booth with just a few minutes to consider each one of them."

The Miami development firm New Urban Works wants to build Newberry Village, a mix of 900 residences, 240,000 square feet of retail and 27,000 square feet of office space. It needs a comprehensive plan amendment to move forward.

Traffic is a major problem, according to the state. The added traffic from Newberry Village will send the area over the traffic limits for which it was designed.

New Urban Works is requesting a concurrency exception area based on a plan to provide shuttle bus service to The Oaks Mall at peak times to reduce the amount of traffic Newberry Village will create. From the mall, riders can take Gainesville's Regional Transit System buses.

County commissioners on a 3-2 vote in August gave initial approval, agreeing to send the Newberry Village plan to the state Department of Community Affairs for review.

The plan has created considerable opposition. The group Save Newberry Road was formed as a result.

The DCA found the amendment was not in compliance with growth-management laws. It filed an action against the county with the state Division of Administrative Hearings.

Stith also filed a legal challenge. The parties have been meeting to try to resolve differences. Stith's settlement offer is a part of that effort.

The offer requests the County Commission put the plan amendment to a referendum vote. If voters approve the change, Stith will drop his challenge. If the public denies the change, the commission will rescind its action on Newberry Village.

Alachua County's legal staff is recommending the commission not put the matter to a public vote and instead continue to negotiate a settlement. An alternative is to repeal or modify the comprehensive plan amendment.

County lawyers said several legal questions are involved, including whether the county has authority to hold a binding referendum on a plan amendment.

A majority of commissioners said they oppose the concept of voter referendums on comprehensive plan amendments.

Chairwoman Paula DeLaney said she met with Stith and told him she will not support the settlement proposal.

"I don't think we should go down this path. When I go into meetings, I have frequently read hundreds, if not thousands, of pages of backup. People who read a newspaper article and see a 30-second TV spot - that's going to be their point of reference for making these decisions? I don't think that's fair to the property owner or the rest of the citizens," DeLaney said. "People are busy. They are not experts. I don't know how you can expect people to make really responsible decisions without doing much research. Then you are up against some big developer who has way more money to do a marketing campaign."

Commissioners Cynthia Chestnut and Lee Pinkoson also pointed out that voters elect commissioners to tackle these sorts of issues.

"I think that's why you have elections and people to represent you," Chestnut said.

Pinkoson added that the commission's recent decision to deny an expanded Springhills development proposal at Interstate 75 and 39th Avenue shows the commission will reject developments it does not believe meet the comprehensive plan.

Springhills is a development of regional impact that sought a comprehensive plan amendment to expand the amount of retail space it can build in an attempt to bring in big-box stores. A large opposition group formed. Traffic was again a primary issue. Commissioners voted unanimously to deny the request.

Meanwhile, Florida Hometown Democracy is trying to gather enough signatures to get a constitutional amendment on the 2008 ballot that would require that changes to a comprehensive plan be done through voter referendums.

Environmental groups such as the Sierra Club and the Save the Manatee Club support it. Business groups including the Florida Home Builders Association and the Florida Chamber of Commerce are opposed.