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File #: 080214.    Version: Name: PROPORTIONATE FAIR-SHARE (B)
Type: Ordinance Status: Adopted
File created: 11/20/2008 In control: City Attorney
On agenda: Final action: 12/4/2008
Title: PROPORTIONATE FAIR-SHARE (B) Ordinance No. 0-08-68; Petition No. 88TCH-08 PB An ordinance of the City of Gainesville, Florida, amending the City of Gainesville Land Development Code relating to Proportionate Fair-Share for transportation concurrency, by amending sections 30-38 and 30-39 to: be consistent with state law by providing additional findings, providing for multi-modal and system-wide transportation improvement projects, limiting developer's responsibility with respect to transportation backlogs; by correcting scrivener's errors; and by revising the transit cost calculation; by amending section 30-40 to correct a scrivener's error; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
Attachments: 1. 080214_petition_20080821.pdf, 2. 080214A_staff ppt_20080821.pdf, 3. 080214_propfairshare_20081120.pdf, 4. 080214A_staff ppt_20081120.PDF, 5. 080214_ordinance_20081204.pdf
title
PROPORTIONATE FAIR-SHARE (B)

Ordinance No. 0-08-68; Petition No. 88TCH-08 PB
An ordinance of the City of Gainesville, Florida, amending the City of Gainesville Land Development Code relating to Proportionate Fair-Share for transportation concurrency, by amending sections 30-38 and 30-39 to: be consistent with state law by providing additional findings, providing for multi-modal and system-wide transportation improvement projects, limiting developer's responsibility with respect to transportation backlogs; by correcting scrivener's errors; and by revising the transit cost calculation; by amending section 30-40 to correct a scrivener's error; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

recommendation
The City Commission adopt the proposed ordinance.

explanation
PLANNING AND DEVELOPMENT DEPARTMENT SERVICES STAFF REPORT

Per the requirements of State law, the City adopted a Proportionate Fair-Share ordinance in 2006. In 2007, House Bill 7203 amended some of the State requirements concerning Proportionate Fair-Share. The City delayed updating the Proportionate Fair-Share section of the Land Development Code because the Florida Department of Transportation (FDOT) was expected to release an updated model ordinance that reflected the HB 7203 amendments. Unfortunately, FDOT never released the updated model ordinance due to budget and time constraints.

City staff then noted that several proposed bills in the 2008 legislative session might create changes to the Proportionate Fair-Share regulations. Staff awaited the outcome of the 2008 legislative session to make Land Development Code changes. None of those bills passed during the 2008 session. As a result, it is timely that the City now updates its Proportionate Fair-Share regulations to properly reflect current State law.

The major changes noted in HB 7203 that impact Proportionate Fair-...

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