RE: ORDINANCE NO COMPREHENSIVE PLAN TEXT AMENDMENT CPT TRANSPORTATION ELEMENT

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1 TO: FROM: EUSTIS CITY COMMISSION PAUL A. BERG, CITY MANAGER DATE: MAY 17, 2012 RE: ORDINANCE NO COMPREHENSIVE PLAN TEXT AMENDMENT CPT TRANSPORTATION ELEMENT Introduction: approves a new Transportation Element for the City of Eustis Comprehensive Plan and eliminates the requirement for transportation concurrency within the City. Recommended Action: The administration recommends approval of. Background: In response to legislative changes associated with House Bill 7207, the City Commission held a workshop on January 26, 2012, to review proposed revisions to the Transportation Element of the City s Comprehensive Plan. The proposed revisions eliminated the transportation concurrency requirement citywide, some of the specific funding requirements associated with a mobility plan, and specific performance criteria that were previously required for the designated Transportation Concurrency Exception Area (TCEA). The attached revised element incorporates the changes that the City Commission requested at the workshop and is consistent with the element provided for the workshop on April 19, If the City Commission approves the Ordinance at this public hearing, staff will transmit the amendment to the State Land Planning Agency (Department of Economic Opportunity) for review. The second reading and final adoption is scheduled for August 2, Alternatives: 1. Approve. 2. Deny.

2 Discussion of Alternatives: Alternative 1 approves the revised Transportation Element of the Comprehensive plan for transmittal to the State Land Planning Agency. Advantages: The action is consistent with City Commission workshop discussion and consensus. The action would relieve the City of several funding and performance requirements. Eliminating the requirement for transportation concurrency would be consistent with the action of neighboring jurisdictions. Disadvantages: The City would no longer have the tool of transportation concurrency to deny and/or restrict future development. Alternative 2 denies. Advantages: The City would retain its TCEA in the urban area, but require transportation concurrency in the suburban and rural areas. The City could consider additional or alternative revisions to the Transportation Element. Disadvantages: The action would be inconsistent with the City s expressed desire to eliminate the requirement for transportation concurrency citywide. The City would have to meet certain performance criteria and honor specific funding requirements for its mobility plan. Community Input The community had an opportunity for input at the January 26 and April 19 workshops and there was no expressed opposition to the proposed revisions. The department has properly advertised the amendment for the Land Planning Agency (LPA ) hearing on May 17, and the two City Commission public hearings on May 17 and August 2, Budget / Staff Impact: If the Commission adopts, the City can avoid some of the expense required by the current Comprehensive Plan. Prepared By: Dianne L. Kramer, Director of Development Services Attachments: Underline/strikethrough version of revised element Advertisement

3 ORDINANCE NO AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF EUSTIS, FLORIDA, AMENDING THE CITY OF EUSTIS COMPREHENSIVE PLAN PURSUANT TO SECTION OF THE, FLORIDA STATUES; PROVIDING FOR TEXT REVISIONS TO THE TRANSPORTATION ELEMENT AND ELIMINATION OF MAP NO. 6 (TCEA) IN THE TRANSPORTATION ELEMENT MAP SERIES; PROVIDING FOR THE REPEAL OF ORDINANCES INCONSISTENT WITH THIS ORDINANCE; PROVIDING FOR CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City Commission adopted the City of Eustis Comprehensive Plan on November 4, 2010; and WHEREAS, the City of Eustis periodically amends its Comprehensive Plan in accordance with Section , Florida Statutes; and WHEREAS, the City of Eustis advertised and held public hearings in accordance with Section , Florida Statutes; and WHEREAS, the City of Eustis Local Planning Agency recommended approval of the Comprehensive Plan amendment at a public hearing on May 17, 2012; and WHEREAS, the City Commission held public hearings on May 17, 2012 and August 2, 2012, with all required public notice for the purpose of hearing and considering the recommendations and comments of the general public; and WHEREAS, the City Commission finds that the Plan, as amended and replaced, is internally consistent with and compliant with the provisions of State law including, but not limited to, Part II, Chapter 163, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED by the City of Eustis, Florida, as follows: Section 1. Section 2. That the City of Eustis Comprehensive Plan is hereby amended as follows: a. The Transportation Element attached as Exhibit A replaces the text portion of the current Transportation Element in its entirety. b. Map No. 6 (TCEA) of the Transportation Element map series is eliminated. That this amendment is approved for submission to the State Land Planning Agency and other jurisdictional agencies: Page 1 of 3

4 Section 4. Section 6. Section 7. That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. That should any section, phrase, sentence, provision, or portion of this Ordinance be declared by any court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid. That this Ordinance shall become effective 31 days after the State Land Planning Agency determines the amendment package is complete and no petition is filed by an affected party. No development orders, development permits or land uses dependent on this amendment may be issued or commence before it has become effective. PASSED, ORDAINED AND APPROVED IN Regular Session of the City Commission of the City of Eustis, Florida, this day of, CITY COMMISSION OF THE CITY OF EUSTIS ATTEST: Susan E. Hooper, Mayor-Commissioner Mary C. Montez, City Clerk CITY OF EUSTIS CERTIFICATION STATE OF FLORIDA COUNTY OF LAKE The foregoing instrument was acknowledged before me this day of, 2012, by Susan E. Hooper, Mayor-Commissioner, and Mary C. Montez, City Clerk, who are personally known to me. Notary Public - State of Florida My Commission Expires: Notary Serial No: Page 2 of 3

5 CERTIFICATE OF POSTING The foregoing is hereby approved, and I hereby certify that I published the same by posting one (1) copy hereof at City Hall, one (1) copy hereof at the Eustis Memorial Library, and one (1) copy hereof at the Eustis Senior Center, all within the corporate limits of the City of Eustis, Lake County, Florida. Mary C. Montez, City Clerk CITY ATTORNEY'S OFFICE This document is approved as to form and legal content for use and reliance of the City Commission of the City of Eustis, Florida. City Attorney's Office Date Page 3 of 3