title
Comprehensive Plan Amendment - Amending Future Land Use Element to Incentivize Affordable Housing (B)
Ordinance No. 180199
An ordinance of the City of Gainesville, Florida, amending Objective 1.1 and its policies and Policy 4.1.1 of the Future Land Use Element of the City of Gainesville Comprehensive Plan to address and incentivize the provision of affordable housing; providing directions to the City Manager; providing a severability clause; providing a repealing clause; and providing an effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
STAFF REPORT
This ordinance amends Objective 1.1 and its policies and Policy 4.1.1 of the Future Land Use Element of the Comprehensive Plan to incentivize the provision of affordable housing by providing density bonus allowances. Specifically, this ordinance amends the Comprehensive Plan to state that the Land Development Code must include regulations that incentivize the provision of affordable housing by providing density bonus allowances, which may allow densities that exceed the maximum limit of units/acre otherwise established and may regulate density through building form (such as height and lot coverage) for multi-family or mixed-use buildings or through the allowance of additional lots within subdivisions. These amendments to the Comprehensive Plan support the changes being made in the Land Development Code update. The City Plan Board held a public hearing on July 26, 2018, where it voted to recommend approval of this amendment to the Comprehensive Plan.
CITY ATTORNEY MEMORANDUM
Section 163.3184, Florida Statutes, sets forth the procedure for amending the Comprehensive Plan. The first hearing is the transmittal stage and must be advertised at least seven days prior to the hearing. The second hearing is the adoption stage and must be advertised at least five days prior to the hearing. Within ten working days after the first hearing, the City must transmit the amendment to the reviewing agencies and to any other local government or state agency that has filed a written request for same. These agencies have 30 days after receipt of the amendment to forward comments to the City. The City must consider any written comments received during the second hearing. If adopted on second reading, the City will forward the amendment within ten working days to the state land planning agency and any party that submitted written comments.
Within 30 days following the City's adoption of this amendment to the Comprehensive Plan, any affected person may file a petition with the State Division of Administrative Hearings to request a hearing to challenge the amendment's compliance with Chapter 163, Florida Statutes. If not timely challenged, this amendment shall become effective 31 days after the state land planning agency notifies the City that the amendment package is complete. If timely challenged, this amendment shall become effective when the state land planning agency or the Administration Commission issues a final order determining that this amendment is in compliance with Chapter 163, Florida Statutes. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before this amendment has become effective.