Bill Text: FL H0987 | 2011 | Regular Session | Introduced
Bill Title: Optional Sector Plans
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0987 Detail]
Download: Florida-2011-H0987-Introduced.html
HB 987 |
1 | |
2 | An act relating to optional sector plans; amending s. |
3 | 163.3245, F.S.; increasing the minimum size of geographic |
4 | areas that qualify for the use of optional sector plans; |
5 | revising terminology relating to such plans; deleting |
6 | obsolete provisions; requiring that public notice be given |
7 | for scoping meetings between the state land planning |
8 | agency and the local government; revising the content |
9 | required to be included in conceptual long-term overlay |
10 | plans and detailed specific area plans; requiring |
11 | identification of water development projects and |
12 | transportation facilities to serve future development |
13 | needs; authorizing a long-term conceptual overlay plan and |
14 | a detailed specific area plan to be based on a planning |
15 | period longer than the generally applicable planning |
16 | period; providing that a long-term conceptual overlay plan |
17 | is not required to demonstrate certain need; providing |
18 | that a detailed specific area plan may demonstrate certain |
19 | need; requiring the state land planning agency to consult |
20 | with the Department of Agriculture and Consumer Services, |
21 | the Department of Environmental Protection, the Fish and |
22 | Wildlife Conservation Commission, and the applicable water |
23 | management district in its review of certain plans; |
24 | requiring a long-range transportation plan to be |
25 | consistent with the long-term conceptual overlay plan; |
26 | requiring certain water development projects to be |
27 | incorporated into certain water supply plans; authorizing |
28 | an applicant to request a consumptive use permit for a |
29 | duration commensurate with the long-term conceptual |
30 | overlay plan; exempting certain developments from the |
31 | requirement to develop a detailed specific area plan; |
32 | requiring that certain plan amendments or long-term |
33 | conceptual overlay plans include a buildout date and |
34 | preclude certain changes in the development until after |
35 | that date; authorizing certain development agreements |
36 | between the developer and the local government; providing |
37 | for the owners of property in the planning area to |
38 | withdraw consent to certain plans; providing exceptions; |
39 | providing for continuation of certain existing land uses; |
40 | providing for certain plans in compliance before the |
41 | effective date of the act to be governed by the act; |
42 | providing an effective date. |
43 | |
44 | Be It Enacted by the Legislature of the State of Florida: |
45 | |
46 | Section 1. Section 163.3245, Florida Statutes, is amended |
47 | to read: |
48 | 163.3245 Optional sector plans.- |
49 | (1) In recognition of the benefits of |
50 | range planning for |
51 | |
52 | |
53 | |
54 | local governments may |
55 | plans |
56 | section. This section is intended to further the intent of s. |
57 | 163.3177(11), which supports innovative and flexible planning |
58 | and development strategies, and the purposes of this part, and |
59 | part I of chapter 380, and to avoid duplication of effort in |
60 | terms of the level of data and analysis required for a |
61 | development of regional impact, while ensuring the adequate |
62 | mitigation of impacts to applicable regional resources and |
63 | facilities, including those within the jurisdiction of other |
64 | local governments, as would otherwise be provided. Optional |
65 | sector plans are intended for substantial geographic areas that |
66 | include |
67 | local governmental jurisdictions and are to emphasize urban form |
68 | and protection of regionally significant resources and public |
69 | facilities. |
70 | |
71 | |
72 | |
73 | |
74 | |
75 | |
76 | adopted through one or more comprehensive plan amendments under |
77 | s. 163.3184. However, an optional sector plan may not be adopted |
78 | |
79 | (2) Upon request by the local government having |
80 | jurisdiction, |
81 | |
82 | |
83 | |
84 | |
85 | |
86 | |
87 | |
88 | |
89 | planning council shall conduct a scoping meeting with affected |
90 | local governments and those agencies identified in s. |
91 | 163.3184(4) before preparation of the optional sector plan |
92 | |
93 | purpose of this meeting is to assist the state land planning |
94 | agency and the local government in the identification of the |
95 | relevant planning issues to be addressed and the data and |
96 | resources available to assist in the preparation of subsequent |
97 | plan amendments. If a scoping meeting is conducted, the regional |
98 | planning council shall make written recommendations to the state |
99 | land planning agency and affected local governments regarding |
100 | |
101 | |
102 | subject to the sector plan, the planning issues that will be |
103 | emphasized, the requirements for intergovernmental coordination |
104 | to address extrajurisdictional impacts, the supporting |
105 | application materials including data and analysis, and the |
106 | procedures for public participation. |
107 | |
108 | |
109 | |
110 | |
111 | |
112 | |
113 | |
114 | meetings between the state land planning agency |
115 | the local government must be noticed and open to the public. |
116 | (3) Optional sector planning encompasses two levels: |
117 | adoption under s. 163.3184 of a conceptual long-term |
118 | overlay plan as part of |
119 | immediate effect on the issuance of development orders or the |
120 | applicability of s. 380.06, and adoption under s. 163.3184 of |
121 | detailed specific area plans that implement the conceptual long- |
122 | term |
123 | orders, and within which s. 380.06 is waived. Until such time as |
124 | a detailed specific area plan is adopted, the underlying future |
125 | land use designations apply, except as provided in subsection |
126 | (6). |
127 | (a) In addition to the other requirements of this chapter, |
128 | a conceptual long-term |
129 | and text and be supported by data and analysis that address: |
130 | 1. A long-range conceptual overlay plan |
131 | at a minimum identifies the allowed uses in various parts of the |
132 | planning area and the maximum and minimum densities and |
133 | intensities of use and that generally depicts |
134 | of urban, agricultural, rural, and conservation land use. |
135 | 2. A general identification of the water supplies needed |
136 | and available sources of water, including water resource |
137 | development and water supply development projects, which are |
138 | needed to meet the projected demand of the future land uses in |
139 | the long-term conceptual overlay plan. |
140 | 3. A general identification of the transportation |
141 | facilities to serve the future land uses in the long-term |
142 | conceptual overlay plan. |
143 | 4. |
144 | significant public facilities |
145 | |
146 | jurisdiction necessary to support buildout of the |
147 | future land uses, and policies setting forth the procedures to |
148 | be used to mitigate these impacts as part of the adoption of |
149 | detailed specific area plans. |
150 | 5. |
151 | natural resources within the planning area and policies setting |
152 | forth the procedures for protection and conservation of these |
153 | resources compatible with the overall conservation and |
154 | development strategy for the planning area |
155 | |
156 | 6. |
157 | urban form and interrelationships of anticipated future land |
158 | uses, and the protection and, as appropriate, restoration and |
159 | management of lands identified for permanent preservation |
160 | pursuant to subparagraph (b)7., for the purposes of |
161 | |
162 | |
163 | a more clean, healthy environment, discouraging the |
164 | proliferation of |
165 | housing types, protecting wildlife and natural areas, advancing |
166 | the efficient use of land and other resources, |
167 | quality communities with a design to promote travel by multiple |
168 | transportation modes, and enhancing the creation of jobs. |
169 | 7. |
170 | facilitate |
171 | extrajurisdictional impacts from the long-range conceptual |
172 | overlay plan |
173 | |
174 | A long-term conceptual overlay plan adopted pursuant to this |
175 | section may be based on a planning period longer than the |
176 | generally applicable planning period of the local comprehensive |
177 | plan. A long-term conceptual overlay plan adopted pursuant to |
178 | this section is not required to demonstrate need based on |
179 | projected population growth or on any other basis. |
180 | (b) In addition to the other requirements of this chapter, |
181 | including those in paragraph (a), the detailed specific area |
182 | plans must include goals, objectives, policies, and maps that |
183 | provide for: |
184 | 1. An area of adequate size to accommodate a level of |
185 | development which achieves a functional relationship between a |
186 | full range of land uses within the area and to encompass at |
187 | least 1,000 acres. The state land planning agency may approve |
188 | detailed specific area plans of less than 1,000 acres based on |
189 | local circumstances if it is determined that the plan furthers |
190 | the purposes of this part and part I of chapter 380. |
191 | 2. Detailed identification and analysis of the maximum and |
192 | minimum densities and intensities of use, and the distribution, |
193 | extent, and location of future land uses. |
194 | 3. Detailed identification of water resource development |
195 | and water supply development projects and related infrastructure |
196 | to address water needs of development in the detailed specific |
197 | area plan. |
198 | 4. Detailed identification of the transportation |
199 | facilities that will serve the future land uses in the detailed |
200 | specific area plan. |
201 | 5. |
202 | significant public facilities, including public facilities |
203 | outside the jurisdiction of the host local governments |
204 | |
205 | facilities, and required improvements consistent with the |
206 | policies accompanying the plans |
207 | |
208 | 6. |
209 | including developer contributions in a financially feasible 5- |
210 | year capital improvement schedule of the affected local |
211 | government. |
212 | 7. |
213 | measures to ensure |
214 | the long-term conceptual overlay plan to be permanently |
215 | preserved, and, as appropriate, restored or managed, |
216 | |
217 | within and outside the planning area |
218 | |
219 | |
220 | 8. |
221 | and the interrelationships of anticipated future land uses |
222 | |
223 | |
224 | a more clean, healthy environment, discouraging the |
225 | proliferation of |
226 | housing types, protecting wildlife and natural areas, advancing |
227 | the efficient use of land and other resources, |
228 | quality communities of a design that promotes travel by multiple |
229 | transportation modes, and enhancing the prospects for the |
230 | creation of jobs. |
231 | 9. |
232 | |
233 | extrajurisdictional impacts from |
234 | plan. |
235 | |
236 | A detailed specific area plan adopted pursuant to this section |
237 | may be based upon a planning period longer than the generally |
238 | applicable planning period of the local comprehensive plan, and |
239 | may demonstrate a need for the detailed specific area plan by |
240 | reference to projected population growth, creation of workplaces |
241 | for job creation and new employment, remediation of preexisting |
242 | development patterns in the vicinity which exhibit the |
243 | characteristics of urban sprawl, or any other professionally |
244 | acceptable methodology. |
245 | (c) In its review of a long-term conceptual plan or a |
246 | detailed specific area plan, the state land planning agency |
247 | shall consult with the Department of Agriculture and Consumer |
248 | Services, the Department of Environmental Protection, the |
249 | Florida Fish and Wildlife Conservation Commission, and the |
250 | applicable water management district regarding the design of |
251 | areas for the protection and conservation of regionally |
252 | significant natural resources and for the protection and, as |
253 | appropriate, restoration and management of lands identified for |
254 | permanent preservation pursuant to subparagraph (b)7. |
255 | (d) |
256 | prevent preparation and approval of the optional sector plan and |
257 | detailed specific area plan concurrently or in the same |
258 | submission. |
259 | (4)(a) Upon the long-term conceptual overlay plan becoming |
260 | legally effective: |
261 | 1. Any long-range transportation plan developed by a |
262 | metropolitan planning organization pursuant to s. 339.175(7) |
263 | shall be consistent, to the maximum extent feasible, with the |
264 | long-term conceptual overlay plan, including, but not limited |
265 | to, the projected population, the approved uses and densities |
266 | and intensities of use and their distribution within the |
267 | planning area, and the transportation facilities identified in |
268 | adopted plans pursuant to subparagraphs (3)(a)3. and (3)(b)4. |
269 | 2. The water needs, sources, and water resource |
270 | development and water supply development projects identified in |
271 | adopted plans pursuant to subparagraphs (3)(a)2. and (3)(b)3. |
272 | shall be incorporated into the applicable district and regional |
273 | water supply plans adopted in accordance with ss. 373.036 and |
274 | 373.0363. Accordingly, and notwithstanding the permit durations |
275 | stated in s. 373.236, an applicant may request and the |
276 | applicable district may issue consumptive use permits for |
277 | durations commensurate with the long-term conceptual overlay |
278 | plan. The permitting criteria in s. 373.223 shall be applied |
279 | based on the projected population and the approved densities and |
280 | intensities of use and their distribution in the long-term |
281 | conceptual overlay plan. |
282 | (b) A development that is subject to s. 380.06 may be |
283 | granted development approval pursuant to s. 380.06 without |
284 | submission and approval of a detailed specific area plan |
285 | pursuant to this section and thereafter is subject to all |
286 | requirements of s. 380.06 in lieu of the requirements of this |
287 | section. |
288 | |
289 | |
290 | |
291 | |
292 | |
293 | |
294 | (5) When a plan amendment adopting a detailed specific |
295 | area plan has become effective under ss. 163.3184 and |
296 | 163.3189(2), the provisions of s. 380.06 do not apply to |
297 | development within the geographic area of the detailed specific |
298 | area plan. However, any development-of-regional-impact |
299 | development order that is vested from the detailed specific area |
300 | plan may be enforced pursuant to |
301 | (a) The local government adopting the detailed specific |
302 | area plan is primarily responsible for monitoring and enforcing |
303 | the detailed specific area plan. Local governments shall not |
304 | issue any permits or approvals or provide any extensions of |
305 | services to development which |
306 | detailed |
307 | (b) If the state land planning agency has reason to |
308 | believe that a violation of any detailed specific area plan |
309 | |
310 | or is about to occur, it may institute an administrative or |
311 | judicial proceeding to prevent, abate, or control the conditions |
312 | or activity creating the violation, using the procedures in s. |
313 | 380.11. |
314 | (c) In instituting an administrative or judicial |
315 | proceeding involving an optional sector plan or detailed |
316 | specific area plan, including a proceeding pursuant to paragraph |
317 | (b), the complaining party shall comply with the requirements of |
318 | s. 163.3215(4), (5), (6), and (7). |
319 | (d) The plan amendment adopting a detailed specific area |
320 | plan shall establish a buildout date until which the approved |
321 | development is not subject to downzoning, unit density |
322 | reduction, or intensity reduction, unless the local government |
323 | can demonstrate that substantial changes in the conditions |
324 | underlying the approval of the detailed specific area plan have |
325 | occurred, that the detailed specific area plan was based on |
326 | substantially inaccurate information provided by the applicant, |
327 | or that the change is clearly established to be essential to the |
328 | public health, safety, or welfare. |
329 | (6) If the long-term conceptual overlay plan requires that |
330 | development within the planning area prior to adoption of a |
331 | detailed specific area plan be consistent with the overlay plan |
332 | notwithstanding the underlying land use, the long-term |
333 | conceptual overlay plan shall establish a buildout date until |
334 | which the approved uses and densities and intensities of use are |
335 | not subject to downzoning, unit density reduction, or intensity |
336 | reduction, unless the local government can demonstrate that |
337 | implementation of the plan is not continuing in good faith based |
338 | on standards established by plan policy, that substantial |
339 | changes in the conditions underlying the approval of the overlay |
340 | plan have occurred, that the overlay plan was based on |
341 | substantially inaccurate information provided by the applicant, |
342 | or that the change is clearly established to be essential to the |
343 | public health, safety, or welfare. Such a long-term overlay plan |
344 | may also include a phasing or staging schedule that allocates a |
345 | portion of the county's future growth to the planning area |
346 | through the buildout date in order to provide for orderly |
347 | physical development that discourages the proliferation of urban |
348 | sprawl. |
349 | |
350 | |
351 | |
352 | (7) A developer within an area subject to a long-term |
353 | buildout overlay that meets the requirements of paragraph (3)(a) |
354 | and subsection (6) or a detailed specific area plan that meets |
355 | the requirements of paragraph (3)(b) may enter into a |
356 | development agreement with a local government pursuant to ss. |
357 | 163.3220-163.3243. The duration of such a development agreement |
358 | may be through the buildout date of the long-term buildout |
359 | overlay plan or detailed specific area plan, as the case may be, |
360 | notwithstanding the limit on the duration of a development |
361 | agreement pursuant to s. 163.3229. |
362 | (8) Any owner of property within the defined planning area |
363 | may withdraw his consent to the long-term conceptual overlay |
364 | plan at any time before the local government adoption, and the |
365 | local government shall exclude such parcel from the adopted |
366 | overlay plan. Thereafter, the overlay plan, any detailed |
367 | specific area plan, and the exemption from development-of- |
368 | regional-impact review under this section does not apply to the |
369 | subject parcel. After adoption of the overlay plan, a landowner |
370 | may withdraw his property from the overlay plan only with the |
371 | approval of the local government by plan amendment. |
372 | (9) The adoption of a long-term conceptual overlay plan or |
373 | a detailed specific area plan pursuant to this section does not |
374 | limit the right to continue existing agricultural or |
375 | silvicultural uses or other natural resource-based operations or |
376 | to establish similar new uses that are consistent with the plans |
377 | approved pursuant to this section. |
378 | (10) Notwithstanding the provisions of this act, a |
379 | detailed specific area plan to implement a conceptual long-term |
380 | buildout overlay of less than 15,000 acres, adopted by a local |
381 | government and found in compliance before the effective date of |
382 | this act, shall be governed by this act. |
383 | (11) |
384 | the rights of any person under this chapter. |
385 | Section 2. This act shall take effect July 1, 2011. |
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