Bill Text: FL H0987 | 2011 | Regular Session | Introduced

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Bill Title: Optional Sector Plans

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0987 Detail]

Download: Florida-2011-H0987-Introduced.html

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HB 987

1	A bill to be entitled
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 conceptual long-
50	range planning for the buildout of an area, and detailed
51	planning for specific areas, as a demonstration project, the
52	requirements of s. 380.06 may be addressed as identified by this
53	section for up to five local governments or combinations of
54	local governments may which adopt into their the comprehensive
55	plans plan an optional sector plans plan in accordance with this
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 including at least 15,000 5,000 acres of one or more
67	local governmental jurisdictions and are to emphasize urban form
68	and protection of regionally significant resources and public
69	facilities. The state land planning agency may approve optional
70	sector plans of less than 5,000 acres based on local
71	circumstances if it is determined that the plan would further
72	the purposes of this part and part I of chapter 380. Preparation
73	of an optional sector plan is authorized by agreement between
74	the state land planning agency and the applicable local
75	governments under s. 163.3171(4). An optional sector plan may be
76	adopted through one or more comprehensive plan amendments under
77	s. 163.3184. However, an optional sector plan may not be adopted
78	authorized in an area of critical state concern.
79	(2)  Upon request by the local government having
80	jurisdiction, The state land planning agency may enter into an
81	agreement to authorize preparation of an optional sector plan
82	upon the request of one or more local governments based on
83	consideration of problems and opportunities presented by
84	existing development trends; the effectiveness of current
85	comprehensive plan provisions; the potential to further the
86	state comprehensive plan, applicable strategic regional policy
87	plans, this part, and part I of chapter 380; and those factors
88	identified by s. 163.3177(10)(i). the applicable regional
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	execution of the agreement authorized by this section. The
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	including whether a sustainable sector plan would be
101	appropriate. The agreement must define the geographic area to be
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. An agreement may address
107	previously adopted sector plans that are consistent with the
108	standards in this section. Before executing an agreement under
109	this subsection, the local government shall hold a duly noticed
110	public workshop to review and explain to the public the optional
111	sector planning process and the terms and conditions of the
112	proposed agreement. The local government shall hold a duly
113	noticed public hearing to execute the agreement. Scoping All
114	meetings between the state land planning agency department and
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 buildout
118	overlay plan as part of to the comprehensive plan, having no
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 buildout overlay plan and authorize issuance of development
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 buildout overlay plan must include maps
129	and text and be supported by data and analysis that address:
130	1.  A long-range conceptual overlay plan framework map that
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 anticipated areas
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	4.2.  A general identification of other regionally
144	significant public facilities consistent with chapter 9J-2,
145	Florida Administrative Code, irrespective of local governmental
146	jurisdiction necessary to support buildout of the anticipated
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	5.3.  A general identification of regionally significant
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 consistent with
155	chapter 9J-2, Florida Administrative Code.
156	6.4.  General principles and guidelines that address the
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 and a
161	discussion, at the applicant's option, of the extent, if any, to
162	which the plan will address restoring key ecosystems, achieving
163	a more clean, healthy environment, discouraging the
164	proliferation of limiting urban sprawl, providing a range of
165	housing types, protecting wildlife and natural areas, advancing
166	the efficient use of land and other resources, and creating
167	quality communities with a design to promote travel by multiple
168	transportation modes, and enhancing the creation of jobs.
169	7.5.  Identification of general procedures and policies to
170	facilitate ensure intergovernmental coordination to address
171	extrajurisdictional impacts from the long-range conceptual
172	overlay plan framework map.
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	5.3.  Detailed identification of other regionally
202	significant public facilities, including public facilities
203	outside the jurisdiction of the host local governments
204	government, anticipated impacts of future land uses on those
205	facilities, and required improvements consistent with the
206	policies accompanying the plans chapter 9J-2, Florida
207	Administrative Code.
208	6.4.  Public facilities necessary for the short term,
209	including developer contributions in a financially feasible 5-
210	year capital improvement schedule of the affected local
211	government.
212	7.5.  Detailed analysis and identification of specific
213	measures to ensure assure the protection of lands identified in
214	the long-term conceptual overlay plan to be permanently
215	preserved, and, as appropriate, restored or managed, regionally
216	significant natural resources and other important resources both
217	within and outside the planning area host jurisdiction,
218	including those regionally significant resources identified in
219	chapter 9J-2, Florida Administrative Code.
220	8.6.  Principles and guidelines that address the urban form
221	and the interrelationships of anticipated future land uses and a
222	discussion, at the applicant's option, of the extent, if any, to
223	which the plan will address restoring key ecosystems, achieving
224	a more clean, healthy environment, discouraging the
225	proliferation of limiting urban sprawl, providing a range of
226	housing types, protecting wildlife and natural areas, advancing
227	the efficient use of land and other resources, and creating
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	9.7.  Identification of specific procedures to facilitate
232	ensure intergovernmental coordination to address
233	extrajurisdictional impacts from of the detailed specific area
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)(c)  This subsection does may not be construed to
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. The host local government shall submit a monitoring
288	report to the state land planning agency and applicable regional
289	planning council on an annual basis after adoption of a detailed
290	specific area plan. The annual monitoring report must provide
291	summarized information on development orders issued, development
292	that has occurred, public facility improvements made, and public
293	facility improvements anticipated over the upcoming 5 years.
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 under s. 380.11.
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 that are not consistent with the
306	detailed sector area plan.
307	(b)  If the state land planning agency has reason to
308	believe that a violation of any detailed specific area plan, or
309	of any agreement entered into under this section, has occurred
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. Beginning December 1, 1999, and each year thereafter,
349	the department shall provide a status report to the Legislative
350	Committee on Intergovernmental Relations regarding each optional
351	sector plan authorized under this section.
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)(7)  This section does may not be construed to abrogate
384	the rights of any person under this chapter.
385	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.