Florida Senate - 2011                                    SB 1904
       
       
       
       By Senator Altman
       
       
       
       
       24-00431A-11                                          20111904__
    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
    4         geographic areas that qualify for the use of optional
    5         sector plans; revising terminology relating to such
    6         plans; deleting obsolete provisions; requiring that
    7         public notice be given for scoping meetings between
    8         the state land planning agency and the local
    9         government; revising the content required to be
   10         included in conceptual long-term overlay plans and
   11         detailed specific area plans; requiring identification
   12         of water development projects and transportation
   13         facilities to serve future development needs;
   14         authorizing a long-term conceptual overlay plan and a
   15         detailed specific area plan to be based on a planning
   16         period longer than the generally applicable planning
   17         period; providing that a long-term conceptual overlay
   18         plan is not required to demonstrate certain need;
   19         providing that a detailed specific area plan may
   20         demonstrate certain need; requiring the state land
   21         planning agency to consult with the Department of
   22         Agriculture and Consumer Services, the Department of
   23         Environmental Protection, the Fish and Wildlife
   24         Conservation Commission, and the applicable water
   25         management district in its review of certain plans;
   26         requiring a long-range transportation plan to be
   27         consistent with the long-term conceptual overlay plan;
   28         requiring certain water development projects to be
   29         incorporated into certain water supply plans;
   30         authorizing an applicant to request a consumptive use
   31         permit for a duration commensurate with the long-term
   32         conceptual overlay plan; exempting certain
   33         developments from the requirement to develop a
   34         detailed specific area plan; requiring that certain
   35         plan amendments or long-term conceptual overlay plans
   36         include a buildout date and preclude certain changes
   37         in the development until after that date; authorizing
   38         certain development agreements between the developer
   39         and the local government; providing for the owners of
   40         property in the planning area to withdraw consent to
   41         certain plans; providing exceptions; providing for
   42         continuation of certain existing land uses; providing
   43         for certain plans in compliance before the effective
   44         date of the act to be governed by the act; providing
   45         an effective date.
   46  
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. Section 163.3245, Florida Statutes, is amended
   50  to read:
   51         163.3245 Optional sector plans.—
   52         (1) In recognition of the benefits of conceptual long-range
   53  planning for the buildout of an area, and detailed planning for
   54  specific areas, as a demonstration project, the requirements of
   55  s. 380.06 may be addressed as identified by this section for up
   56  to five local governments or combinations of local governments
   57  may which adopt into their the comprehensive plans plan an
   58  optional sector plans plan in accordance with this section. This
   59  section is intended to further the intent of s. 163.3177(11),
   60  which supports innovative and flexible planning and development
   61  strategies, and the purposes of this part, and part I of chapter
   62  380, and to avoid duplication of effort in terms of the level of
   63  data and analysis required for a development of regional impact,
   64  while ensuring the adequate mitigation of impacts to applicable
   65  regional resources and facilities, including those within the
   66  jurisdiction of other local governments, as would otherwise be
   67  provided. Optional sector plans are intended for substantial
   68  geographic areas that include including at least 15,000 5,000
   69  acres of one or more local governmental jurisdictions and are to
   70  emphasize urban form and protection of regionally significant
   71  resources and public facilities. The state land planning agency
   72  may approve optional sector plans of less than 5,000 acres based
   73  on local circumstances if it is determined that the plan would
   74  further the purposes of this part and part I of chapter 380.
   75  Preparation of an optional sector plan is authorized by
   76  agreement between the state land planning agency and the
   77  applicable local governments under s. 163.3171(4). An optional
   78  sector plan may be adopted through one or more comprehensive
   79  plan amendments under s. 163.3184. However, an optional sector
   80  plan may not be adopted authorized in an area of critical state
   81  concern.
   82         (2) Upon request by the local government having
   83  jurisdiction, The state land planning agency may enter into an
   84  agreement to authorize preparation of an optional sector plan
   85  upon the request of one or more local governments based on
   86  consideration of problems and opportunities presented by
   87  existing development trends; the effectiveness of current
   88  comprehensive plan provisions; the potential to further the
   89  state comprehensive plan, applicable strategic regional policy
   90  plans, this part, and part I of chapter 380; and those factors
   91  identified by s. 163.3177(10)(i). the applicable regional
   92  planning council shall conduct a scoping meeting with affected
   93  local governments and those agencies identified in s.
   94  163.3184(4) before preparation of the optional sector plan
   95  execution of the agreement authorized by this section. The
   96  purpose of this meeting is to assist the state land planning
   97  agency and the local government in the identification of the
   98  relevant planning issues to be addressed and the data and
   99  resources available to assist in the preparation of subsequent
  100  plan amendments. If a scoping meeting is conducted, the regional
  101  planning council shall make written recommendations to the state
  102  land planning agency and affected local governments regarding,
  103  including whether a sustainable sector plan would be
  104  appropriate. The agreement must define the geographic area to be
  105  subject to the sector plan, the planning issues that will be
  106  emphasized, the requirements for intergovernmental coordination
  107  to address extrajurisdictional impacts, the supporting
  108  application materials including data and analysis, and the
  109  procedures for public participation. An agreement may address
  110  previously adopted sector plans that are consistent with the
  111  standards in this section. Before executing an agreement under
  112  this subsection, the local government shall hold a duly noticed
  113  public workshop to review and explain to the public the optional
  114  sector planning process and the terms and conditions of the
  115  proposed agreement. The local government shall hold a duly
  116  noticed public hearing to execute the agreement. Scoping All
  117  meetings between the state land planning agency department and
  118  the local government must be noticed and open to the public.
  119         (3) Optional sector planning encompasses two levels:
  120  adoption under s. 163.3184 of a conceptual long-term buildout
  121  overlay plan as part of to the comprehensive plan, having no
  122  immediate effect on the issuance of development orders or the
  123  applicability of s. 380.06, and adoption under s. 163.3184 of
  124  detailed specific area plans that implement the conceptual long
  125  term buildout overlay plan and authorize issuance of development
  126  orders, and within which s. 380.06 is waived. Until such time as
  127  a detailed specific area plan is adopted, the underlying future
  128  land use designations apply, except as provided in subsection
  129  (6).
  130         (a) In addition to the other requirements of this chapter,
  131  a conceptual long-term buildout overlay plan must include maps
  132  and text and be supported by data and analyses that address:
  133         1. A long-range conceptual overlay plan framework map that
  134  at a minimum identifies the allowed uses in various parts of the
  135  planning area and the maximum and minimum densities and
  136  intensities of use and that generally depicts anticipated areas
  137  of urban, agricultural, rural, and conservation land use.
  138         2. A general identification of the water supplies needed
  139  and available sources of water, including water resource
  140  development and water supply development projects, which are
  141  needed to meet the projected demand of the future land uses in
  142  the long-term conceptual overlay plan.
  143         3. A general identification of the transportation
  144  facilities to serve the future land uses in the long-term
  145  conceptual overlay plan.
  146         4.2.A general identification of other regionally
  147  significant public facilities consistent with chapter 9J-2,
  148  Florida Administrative Code, irrespective of local governmental
  149  jurisdiction necessary to support buildout of the anticipated
  150  future land uses, and policies setting forth the procedures to
  151  be used to mitigate these impacts as part of the adoption of
  152  detailed specific area plans.
  153         5.3.A general identification of regionally significant
  154  natural resources within the planning area and policies setting
  155  forth the procedures for protection and conservation of these
  156  resources compatible with the overall conservation and
  157  development strategy for the planning area consistent with
  158  chapter 9J-2, Florida Administrative Code.
  159         6.4.General principles and guidelines that address the
  160  urban form and interrelationships of anticipated future land
  161  uses, and the protection and, as appropriate, restoration and
  162  management of lands identified for permanent preservation
  163  pursuant to subparagraph (b)7., for the purposes of and a
  164  discussion, at the applicant’s option, of the extent, if any, to
  165  which the plan will address restoring key ecosystems, achieving
  166  a more clean, healthy environment, discouraging the
  167  proliferation of limiting urban sprawl, providing a range of
  168  housing types, protecting wildlife and natural areas, advancing
  169  the efficient use of land and other resources, and creating
  170  quality communities with a design to promote travel by multiple
  171  transportation modes, and enhancing the creation of jobs.
  172         7.5. Identification of general procedures and policies to
  173  facilitate ensure intergovernmental coordination to address
  174  extrajurisdictional impacts from the long-range conceptual
  175  overlay plan framework map.
  176  
  177  A long-term conceptual overlay plan adopted pursuant to this
  178  section may be based on a planning period longer than the
  179  generally applicable planning period of the local comprehensive
  180  plan. A long-term conceptual overlay plan adopted pursuant to
  181  this section is not required to demonstrate need based on
  182  projected population growth or on any other basis.
  183         (b) In addition to the other requirements of this chapter,
  184  including those in paragraph (a), the detailed specific area
  185  plans must include goals, objectives, policies, and maps that
  186  provide for:
  187         1. An area of adequate size to accommodate a level of
  188  development which achieves a functional relationship between a
  189  full range of land uses within the area and to encompass at
  190  least 1,000 acres. The state land planning agency may approve
  191  detailed specific area plans of less than 1,000 acres based on
  192  local circumstances if it is determined that the plan furthers
  193  the purposes of this part and part I of chapter 380.
  194         2. Detailed identification and analysis of the maximum and
  195  minimum densities and intensities of use, and the distribution,
  196  extent, and location of future land uses.
  197         3.Detailed identification of water resource development
  198  and water supply development projects and related infrastructure
  199  to address water needs of development in the detailed specific
  200  area plan.
  201         4.Detailed identification of the transportation facilities
  202  that will serve the future land uses in the detailed specific
  203  area plan.
  204         5.3. Detailed identification of other regionally
  205  significant public facilities, including public facilities
  206  outside the jurisdiction of the host local governments
  207  government, anticipated impacts of future land uses on those
  208  facilities, and required improvements consistent with the
  209  policies accompanying the plans chapter 9J-2, Florida
  210  Administrative Code.
  211         6.4. Public facilities necessary for the short term,
  212  including developer contributions in a financially feasible 5
  213  year capital improvement schedule of the affected local
  214  government.
  215         7.5. Detailed analysis and identification of specific
  216  measures to ensure assure the protection of lands identified in
  217  the long-term conceptual overlay plan to be permanently
  218  preserved, and, as appropriate, restored or managed, regionally
  219  significant natural resources and other important resources both
  220  within and outside the planning area host jurisdiction,
  221  including those regionally significant resources identified in
  222  chapter 9J-2, Florida Administrative Code.
  223         8.6. Principles and guidelines that address the urban form
  224  and the interrelationships of anticipated future land uses and a
  225  discussion, at the applicant’s option, of the extent, if any, to
  226  which the plan will address restoring key ecosystems, achieving
  227  a more clean, healthy environment, discouraging the
  228  proliferation of limiting urban sprawl, providing a range of
  229  housing types, protecting wildlife and natural areas, advancing
  230  the efficient use of land and other resources, and creating
  231  quality communities of a design that promotes travel by multiple
  232  transportation modes, and enhancing the prospects for the
  233  creation of jobs.
  234         9.7. Identification of specific procedures to facilitate
  235  ensure intergovernmental coordination to address
  236  extrajurisdictional impacts from of the detailed specific area
  237  plan.
  238  
  239  A detailed specific area plan adopted pursuant to this section
  240  may be based upon a planning period longer than the generally
  241  applicable planning period of the local comprehensive plan, and
  242  may demonstrate a need for the detailed specific area plan by
  243  reference to projected population growth, creation of workplaces
  244  for job creation and new employment, remediation of preexisting
  245  development patterns in the vicinity which exhibit the
  246  characteristics of urban sprawl, or any other professionally
  247  acceptable methodology.
  248         (c)In its review of a long-term conceptual plan or a
  249  detailed specific area plan, the state land planning agency
  250  shall consult with the Department of Agriculture and Consumer
  251  Services, the Department of Environmental Protection, the
  252  Florida Fish and Wildlife Conservation Commission, and the
  253  applicable water management district regarding the design of
  254  areas for the protection and conservation of regionally
  255  significant natural resources and for the protection and, as
  256  appropriate, restoration and management of lands identified for
  257  permanent preservation pursuant to subparagraph (b)7.
  258         (d)(c) This subsection does may not be construed to prevent
  259  preparation and approval of the optional sector plan and
  260  detailed specific area plan concurrently or in the same
  261  submission.
  262         (4)(a)Upon the long-term conceptual overlay plan becoming
  263  legally effective:
  264         1.Any long-range transportation plan developed by a
  265  metropolitan planning organization pursuant to s. 339.175(7)
  266  shall be consistent, to the maximum extent feasible, with the
  267  long-term conceptual overlay plan, including, but not limited
  268  to, the projected population, the approved uses and densities
  269  and intensities of use and their distribution within the
  270  planning area, and the transportation facilities identified in
  271  adopted plans pursuant to subparagraphs (3)(a)3. and (3)(b)4.
  272         2.The water needs, sources, and water resource development
  273  and water supply development projects identified in adopted
  274  plans pursuant to subparagraphs (3)(a)2. and (3)(b)3. shall be
  275  incorporated into the applicable district and regional water
  276  supply plans adopted in accordance with ss. 373.036 and
  277  373.0363. Accordingly, and notwithstanding the permit durations
  278  stated in s. 373.236, an applicant may request and the
  279  applicable district may issue consumptive use permits for
  280  durations commensurate with the long-term conceptual overlay
  281  plan. The permitting criteria in s. 373.223 shall be applied
  282  based on the projected population and the approved densities and
  283  intensities of use and their distribution in the long-term
  284  conceptual overlay plan.
  285         (b) A development that is subject to s. 380.06 may be
  286  granted development approval pursuant to s. 380.06 without
  287  submission and approval of a detailed specific area plan
  288  pursuant to this section and thereafter is subject to all
  289  requirements of s. 380.06 in lieu of the requirements of this
  290  section. The host local government shall submit a monitoring
  291  report to the state land planning agency and applicable regional
  292  planning council on an annual basis after adoption of a detailed
  293  specific area plan. The annual monitoring report must provide
  294  summarized information on development orders issued, development
  295  that has occurred, public facility improvements made, and public
  296  facility improvements anticipated over the upcoming 5 years.
  297         (5) When a plan amendment adopting a detailed specific area
  298  plan has become effective under ss. 163.3184 and 163.3189(2),
  299  the provisions of s. 380.06 do not apply to development within
  300  the geographic area of the detailed specific area plan. However,
  301  any development-of-regional-impact development order that is
  302  vested from the detailed specific area plan may be enforced
  303  pursuant to under s. 380.11.
  304         (a) The local government adopting the detailed specific
  305  area plan is primarily responsible for monitoring and enforcing
  306  the detailed specific area plan. Local governments shall not
  307  issue any permits or approvals or provide any extensions of
  308  services to development which that are not consistent with the
  309  detailed sector area plan.
  310         (b) If the state land planning agency has reason to believe
  311  that a violation of any detailed specific area plan, or of any
  312  agreement entered into under this section, has occurred or is
  313  about to occur, it may institute an administrative or judicial
  314  proceeding to prevent, abate, or control the conditions or
  315  activity creating the violation, using the procedures in s.
  316  380.11.
  317         (c) In instituting an administrative or judicial proceeding
  318  involving an optional sector plan or detailed specific area
  319  plan, including a proceeding pursuant to paragraph (b), the
  320  complaining party shall comply with the requirements of s.
  321  163.3215(4), (5), (6), and (7).
  322         (d)The plan amendment adopting a detailed specific area
  323  plan shall establish a buildout date until which the approved
  324  development is not subject to downzoning, unit density
  325  reduction, or intensity reduction, unless the local government
  326  can demonstrate that substantial changes in the conditions
  327  underlying the approval of the detailed specific area plan have
  328  occurred, that the detailed specific area plan was based on
  329  substantially inaccurate information provided by the applicant,
  330  or that the change is clearly established to be essential to the
  331  public health, safety, or welfare.
  332         (6) If the long-term conceptual overlay plan requires that
  333  development within the planning area prior to adoption of a
  334  detailed specific area plan be consistent with the overlay plan
  335  notwithstanding the underlying land use, the long-term
  336  conceptual overlay plan shall establish a buildout date until
  337  which the approved uses and densities and intensities of use are
  338  not subject to downzoning, unit density reduction, or intensity
  339  reduction, unless the local government can demonstrate that
  340  implementation of the plan is not continuing in good faith based
  341  on standards established by plan policy, that substantial
  342  changes in the conditions underlying the approval of the overlay
  343  plan have occurred, that the overlay plan was based on
  344  substantially inaccurate information provided by the applicant,
  345  or that the change is clearly established to be essential to the
  346  public health, safety, or welfare. Such a long-term overlay plan
  347  may also include a phasing or staging schedule that allocates a
  348  portion of the county’s future growth to the planning area
  349  through the buildout date in order to provide for orderly
  350  physical development that discourages the proliferation of urban
  351  sprawl. Beginning December 1, 1999, and each year thereafter,
  352  the department shall provide a status report to the Legislative
  353  Committee on Intergovernmental Relations regarding each optional
  354  sector plan authorized under this section.
  355         (7) A developer within an area subject to a long-term
  356  buildout overlay that meets the requirements of paragraph (3)(a)
  357  and subsection (6) or a detailed specific area plan that meets
  358  the requirements of paragraph (3)(b) may enter into a
  359  development agreement with a local government pursuant to ss.
  360  163.3220163.3243. The duration of such a development agreement
  361  may be through the buildout date of the long-term buildout
  362  overlay plan or detailed specific area plan, as the case may be,
  363  notwithstanding the limit on the duration of a development
  364  agreement pursuant to s. 163.3229.
  365         (8) Any owner of property within the defined planning area
  366  may withdraw his consent to the long-term conceptual overlay
  367  plan at any time before the local government adoption, and the
  368  local government shall exclude such parcel from the adopted
  369  overlay plan. Thereafter, the overlay plan, any detailed
  370  specific area plan, and the exemption from development-of
  371  regional-impact review under this section does not apply to the
  372  subject parcel. After adoption of the overlay plan, a landowner
  373  may withdraw his property from the overlay plan only with the
  374  approval of the local government by plan amendment.
  375         (9)The adoption of a long-term conceptual overlay plan or
  376  a detailed specific area plan pursuant to this section does not
  377  limit the right to continue existing agricultural or
  378  silvicultural uses or other natural resource-based operations or
  379  to establish similar new uses that are consistent with the plans
  380  approved pursuant to this section.
  381         (10) Notwithstanding the provisions of this act, a detailed
  382  specific area plan to implement a conceptual long-term buildout
  383  overlay of less than 15,000 acres, adopted by a local government
  384  and found in compliance before the effective date of this act,
  385  shall be governed by this act.
  386         (11)(7) This section does may not be construed to abrogate
  387  the rights of any person under this chapter.
  388         Section 2. This act shall take effect July 1, 2011.