title
COMPREHENSIVE PLAN AMENDMENT - TRANSPORTATION CONCURRENCY EXECEPTION AREA MAPS (B)
Ordinance No. 0-09-35, Petition PZ-09-68LUC
An ordinance amending the City of Gainesville 2000-2010 Comprehensive Plan, relating to the transportation concurrency exception area (TCEA); amending the Future Land Use Element map series, the Transportation Mobility Element map series and the Concurrency Management Element map series by deleting the existing TCEA maps and adopting new maps that depict the updated TCEA and its zones; providing directions to the city manager; stating intent to adopt the amended map series within the elements as part of the City of Gainesville 2000-2010 Comprehensive Plan; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission (1) receive the report of the Department of Community Affairs that offers no objections, recommendations or comments to this ordinance; and (2) adopt the proposed ordinance.
explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT
This petition is a large-scale land use amendment to amend the City of Gainesville Future Land Use map series, Transportation Mobility map series, and Concurrency Management Element map series to include updated maps that reflect the new state-mandated Transportation Concurrency Exception Area (TCEA) and its sub-zones. The new state-mandated TCEA was established pursuant to 2009 Senate Bill 360 (SB 360) and became effective upon the City of Gainesville being designated as a Dense Urban Land Area (DULA) on July 8, 2009.
The updated maps illustrate a citywide TCEA, with sub-zones, after the adoption of this Comprehensive Plan amendment and its companion amendment (PZ-09-67CPA). However, it is important to note that, consistent with Future Land Use Element Objective 4.4 and its sub-policies and Section 171.062 (2), Florida Statutes, annexed properties without City land use and zoning designations are subject to the Alachua County land use plan and zoning regulations. This would include the County's adopted Comprehensive Plan level of service standards and concurrency management regulations (as adopted in their Land Development Code). This is effective until the City adopts a Comprehensive Plan amendment changing the future land use category and a rezoning change to place a consistent City zoning on the property.
A related Comprehensive Plan amendment petition, PZ-09-67 CPA, establishes the policies which will regulate the state-mandated TCEA and sets specific requirements for the new sub-zone areas (Zones D, E, and M). Please see the Data and Analysis Report and policies related to that petition for a better understanding of the zones.
Public notice was published in the Gainesville Sun on June 9, 2009. The Plan Board held a public hearing June 25, 2009. Planning Department staff recommended that the Plan Board approve the petition. The Plan Board, by a vote of 5-1, recommended that the City Commission approve Petition PZ-09-68 LUC.
CITY ATTORNEY MEMORANDUM
Florida Statutes set forth the procedure for adoption of an amendment to the Comprehensive Plan. The first hearing was held at the transmittal stage and was advertised seven days prior to the first public hearing.
This ordinance was passed on first reading by the City Commission on July 28, 2009. The proposed amendment to the Comprehensive Plan was transmitted to the State Department of Community Affairs (DCA) for written comment as part of the DCA 09-2 cycle. On October 29, 2009, DCA issued its Objections, Recommendations and Comments (ORC) Report to the City. In the ORC Report, the DCA offered no objection, recommendation or comment with respect to this ordinance. A copy of the ORC Report is on file with the Clerk of the Commission and the Department of Planning and Development Services.
Pursuant to Section 163.3184(7)(a), Florida Statutes, the City has 60 days from receipt of the ORC Report to "adopt the amendment, adopt the amendment with changes or determine that it will not adopt the amendment."
Following second reading, the Plan amendment will not become effective until the DCA issues a final order determining the adopted amendment to be in compliance in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act, or until the Administration Commission (Governor and Cabinet) issues a final order determining the adopted amendment to be in compliance.