Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1020
                        Barcode 552140
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: WD              .                    
       03/27/2006 05:29 PM         .                    
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11  The Committee on Environmental Preservation (Baker)
12  recommended the following amendment to amendment (934324):
13  
14         Senate Amendment (with title amendment) 
15         On page 35, between lines 2 and 3,
16  
17  insert:  
18         Section 8.  Section 360.0652, Florida Statutes, is
19  created to read:
20         380.0652  Comprehensive plan amendments for development
21  of regional impact; scale developments creating new towns in
22  rural areas.--
23         (1)  This section may be cited as the "Rural Town and
24  Conservation Lands Act."
25         (2)  The Legislature finds that through flexible and
26  innovative planning and design rural towns may be created
27  which promote job creation and economic diversification;
28  secure permanent protection for important ecosystems, natural
29  lands, wildlife habitats, and agricultural use; and discourage
30  urban sprawl as required by rule 9J-5, Florida Administrative
31  Code. This section is intended primarily for use by
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1020 Barcode 552140 1 large-scale developments that would use the 2 development-of-regional-impact or optional-sector-plan 3 programs. 4 (3) To be eligible to use this section, a county must 5 be designated as a rural area of economic concern or have a 6 population of fewer than 500,000 persons and have a future 7 land use map whereon rural land, defined as land having a 8 density of less than or equal to one unit per 5 acres, 9 comprises 50 percent or more of all land area, excluding lands 10 designated as conservation areas within the jurisdiction. 11 Eligibility shall be determined as of the date a plan 12 amendment is adopted pursuant to this section. A landowner or 13 a local government may apply for such a plan amendment. 14 (4) An amendment to a comprehensive plan land use map 15 which increases density and intensity of land use based on 16 economic need and conservation goals may be adopted in 17 accordance with this section. Such a plan amendment is not 18 limited by land-use-needs assessments strictly related to 19 projected population growth. Prior to, or concurrent with, the 20 adoption of an amendment to a rural town land use map, a 21 county meeting the eligibility requirements in subsection (3) 22 shall adopt an economic objective and implement policies to 23 define strategies for the development and integration of rural 24 towns within the county. The economic objective must specify 25 measurable targets for economic growth and related indices, 26 such as job creation, economic diversification, capital 27 investment, and other factors as addressed in the analysis 28 supporting the amendment. Implementing policies must address 29 how future rural towns are to be incorporated within the 30 overall planning strategy for the county as defined in the 31 comprehensive plan; include strategies to promote the 2 2:45 PM 03/27/06 s1020c1c-ep20-c2r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1020 Barcode 552140 1 continued viability of existing downtowns and other 2 established business districts; and provide strategies to 3 achieve the economic targets set forth in the objective, 4 including how achievement of such objectives will be 5 accomplished on a countywide basis through integration of 6 rural towns by planning for economic linkages, transportation 7 connectivity, and social interaction between new rural towns 8 and existing downtowns and other significant rural centers. 9 (5) The proposed amendment to the rural town future 10 land use map must include a minimum of 25,000 acres and may 11 not be located within coastal high-hazard areas, Coastal 12 Barrier Resource System Areas, or Areas of Critical State 13 Concern. A county meeting the eligibility criteria in 14 subsection (2) shall, concurrent with the adoption of any 15 amendment to the rural town future land use map, adopt 16 comprehensive plan policies to guide the planning and 17 development of the rural town that is the subject of the 18 amendment. Such planning amendments must be internally 19 consistent with the comprehensive plan, including the economic 20 objective and economic policies developed pursuant to 21 subsection (4), and shall provide adequate policy direction to 22 ensure that the rural town complies with the following 23 planning and design criteria: 24 1. Contains an integrated mix of land uses which 25 includes residential uses, employment uses, retail and service 26 uses, community facilities, schools, and conservation uses to 27 ensure a balanced, complete community and to minimize external 28 impacts, or contains an integrated mix of uses appropriate for 29 any portion proposed as a self-contained retirement community; 30 2. Includes a variety of densities and housing types 31 necessary to support the objectives of this section, including 3 2:45 PM 03/27/06 s1020c1c-ep20-c2r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1020 Barcode 552140 1 a high-density, mixed-use urban core designed pursuant to 2 neo-traditional design principles, and providing a minimum 3 density of three units per net acre within the developable 4 portion of the amendment site which is not included within 5 easements; 6 3. Is designed to promote multimodal alternatives, 7 including walking, bicycling, motorized personal vehicles, and 8 transit by providing interconnectivity between modes, ensuring 9 that a minimum of 25 percent of all housing units are located 10 within one-half mile of planned, nonresidential centers, and 11 by limiting cul-de-sacs, gated subdivisions, and similar 12 features that disrupt connectivity and walkability; 13 4. Designates by means of an easement as conservation 14 lands or otherwise protects through easement all regionally 15 significant wetlands and surface waters, high-quality habitats 16 as determined based on the Integrated Wildlife Habitat Ranking 17 system, and significant wildlife corridors. If such areas do 18 not comprise at least 50 percent of the gross areas of the 19 rural town amendment site, additional easements shall be 20 applied to other environmentally sensitive habitats or 21 agricultural areas to ensure that a minimum of 50 percent of 22 the amendment site is protected by easements. In order to 23 encourage additional land conservation and further 24 neo-traditional design principles, an additional density bonus 25 shall be allowed at the rate of one unit per net acre for each 26 additional 10 percent, or proportion thereof, of the amendment 27 site which is protected through easements over the minimum 50 28 percent requirement. Areas protected by easements may also 29 include passive recreational uses. The provisions of s. 30 163.3177(11)(d) may be used in conjunction with the creation 31 of a new town under this section; 4 2:45 PM 03/27/06 s1020c1c-ep20-c2r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1020 Barcode 552140 1 5. Includes buffers to protect adjacent agricultural 2 and natural resources, requires agricultural easements or open 3 space designations for all prime farmland as defined by Title 4 7, Part 657, of the Code of Federal Regulations, and provides 5 incentive-based policies to promote retention of highly 6 productive agriculture and agribusiness as an economic sector 7 within the county; 8 6. Requires that a conceptual overlay site plan be 9 adopted into the comprehensive plan which generally depicts 10 the organization of land uses, habitat conservation areas, 11 major open space and buffer areas, waterbodies, roadways, and 12 other features and is consistent with the policies adopted in 13 the comprehensive plan pursuant to this subsection. 14 Development-of-regional-impact development orders and other 15 permitted development within the proposed amendment site must 16 be consistent with the conceptual site plan and may be adopted 17 concurrent with, or subsequent to, the adoption of the plan 18 amendment; 19 7. Achieves a positive net fiscal impact on the 20 jurisdiction as determined through the use of a professionally 21 acceptable fiscal-impact model or methodology; 22 8. Is financially feasible and supported by policies 23 to ensure infrastructure is provided on a phased basis to 24 address identified needs through the long-range planning 25 period of the adopted comprehensive plan; a development 26 agreement or development-of-regional-impact development order 27 shall be referenced in the capital improvements schedule to 28 address financial feasibility and to provide appropriate 29 phasing strategies for the long-term provision of required 30 infrastructure. Infrastructure within the rural town may not 31 be extended beyond the boundaries of the rural town, except 5 2:45 PM 03/27/06 s1020c1c-ep20-c2r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1020 Barcode 552140 1 where appropriate to serve existing developments that are 2 proximate to the rural town; and 3 9. Includes a phasing schedule to ensure that 4 nonresidential uses are developed on a timely basis to support 5 planned residential uses and that at least 50 percent of the 6 residential units in a proposed phase are permitted prior to 7 issuance of permits for residential uses in the next phase of 8 the development. 9 (6) The Legislature finds that a rural town created 10 pursuant to this section is an appropriate approach to 11 conversion of rural lands and that the planning strategies 12 required by this section discourage urban sprawl. In 13 conducting the compliance review required pursuant to s. 14 163.3184, the state land planning agency may not find a rural 15 town map amendment or rural town text amendment not in 16 compliance as related to need or urban sprawl as addressed in 17 s. 163.3177(6)(a) and rule 9J-5.006, Florida Administrative 18 Code, if the requirements of this section are met. This 19 section does not limit the ability of the state land planning 20 agency to find an amendment to a rural town future land use 21 map or rural town policies adopted consistent with this 22 section not in compliance based on other statutory criteria 23 not related to need or urban sprawl, including internal 24 consistency with the goals, objectives, and policies of the 25 local government comprehensive plan. 26 27 (Redesignate subsequent sections.) 28 29 30 ================ T I T L E A M E N D M E N T =============== 31 And the title is amended as follows: 6 2:45 PM 03/27/06 s1020c1c-ep20-c2r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1020 Barcode 552140 1 On page 43, line 21, after the first semicolon, 2 3 insert: 4 creating s. 380.0652, F.S.; creating the "Rural 5 Town and Conservation Lands Act"; providing 6 legislative findings and intent; providing for 7 eligibility of a county to use the act; 8 providing criteria for adoption of a 9 comprehensive land use amendment increasing 10 density and intensity of land use regardless of 11 otherwise applicable requirements concerning 12 land use need assessment and projected 13 population growth; providing for adoption of an 14 amendment to a rural town future land use map; 15 requiring an eligible county to adopt an 16 economic objective and implementing policies 17 concerning strategies relating to rural towns; 18 providing criteria applicable to such objective 19 and policies; providing size and location 20 requirements for an amendment to a proposed 21 rural town future land use map; requiring an 22 eligible county to adopt comprehensive plan 23 policies applicable to the rural town that is 24 the subject of the amendment, concurrent with 25 its adoption of such a rural town map 26 amendment; requiring an amendment to a rural 27 town future land use map plan to be internally 28 consistent with the comprehensive plan, 29 including the economic objective and 30 implementing policies concerning rural towns; 31 requiring such planning amendments concerning a 7 2:45 PM 03/27/06 s1020c1c-ep20-c2r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1020 Barcode 552140 1 rural town to provide adequate policy direction 2 to ensure that the rural town complies with a 3 diverse list of planning and design criteria 4 addressing land uses, densities, housing types, 5 transportation, conservation lands, 6 environmentally sensitive habitats, 7 agricultural areas, buffers, natural resources, 8 agribusiness, fiscal impact on the county, 9 financial feasibility, and provision of 10 infrastructure, reference to a development of 11 regional impact or development agreement in the 12 capital improvements schedule of the county, 13 and phased development; authorizing use of s. 14 163.3177(11)(d), F.S., concerning encouragement 15 of implementation of innovative and flexible 16 planning and development strategies and 17 creative land-use-planning techniques, in 18 conjunction with creation of a new town under 19 the act; providing for adoption of a 20 development order authorizing a development of 21 regional impact or other development within the 22 site of a proposed amendment to a rural town 23 future land use map; providing additional 24 legislative findings; prohibiting, under 25 specified conditions, a finding of 26 noncompliance by the state land planning agency 27 regarding a proposed amendment to a rural town 28 future land-use map or a rural town text 29 amendment to a comprehensive plan if such 30 amendment meets the requirements of the act; 31 authorizing a finding of noncompliance for such 8 2:45 PM 03/27/06 s1020c1c-ep20-c2r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1020 Barcode 552140 1 an amendment if the noncompliance is based on 2 certain other statutory criteria; 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 2:45 PM 03/27/06 s1020c1c-ep20-c2r