Senate Bill 0324c1

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    Florida Senate - 2000                            CS for SB 324

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senator Jones




    316-1950-00

  1                      A bill to be entitled

  2         An act relating to affordable housing; amending

  3         s. 163.3187, F.S.; allowing small scale

  4         development amendments involving affordable

  5         housing within an area of critical state

  6         concern; providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Paragraph (c) of subsection (1) of section

11  163.3187, Florida Statutes, is amended to read:

12         163.3187  Amendment of adopted comprehensive plan.--

13         (1)  Amendments to comprehensive plans adopted pursuant

14  to this part may be made not more than two times during any

15  calendar year, except:

16         (c)  Any local government comprehensive plan amendments

17  directly related to proposed small scale development

18  activities may be approved without regard to statutory limits

19  on the frequency of consideration of amendments to the local

20  comprehensive plan.  A small scale development amendment may

21  be adopted only under the following conditions:

22         1.  The proposed amendment involves a use of 10 acres

23  or fewer and:

24         a.  The cumulative annual effect of the acreage for all

25  small scale development amendments adopted by the local

26  government shall not exceed:

27         (I)  A maximum of 120 acres in a local government that

28  contains areas specifically designated in the local

29  comprehensive plan for urban infill, urban redevelopment, or

30  downtown revitalization as defined in s. 163.3164, urban

31  infill and redevelopment areas designated under s. 163.2517,

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    Florida Senate - 2000                            CS for SB 324
    316-1950-00




  1  transportation concurrency exception areas approved pursuant

  2  to s. 163.3180(5), or regional activity centers and urban

  3  central business districts approved pursuant to s.

  4  380.06(2)(e); however, amendments under this paragraph may be

  5  applied to no more than 60 acres annually of property outside

  6  the designated areas listed in this sub-sub-subparagraph.

  7         (II)  A maximum of 80 acres in a local government that

  8  does not contain any of the designated areas set forth in

  9  sub-sub-subparagraph (I).

10         (III)  A maximum of 120 acres in a county established

11  pursuant to s. 9, Art. VIII of the State Constitution.

12         b.  The proposed amendment does not involve the same

13  property granted a change within the prior 12 months.

14         c.  The proposed amendment does not involve the same

15  owner's property within 200 feet of property granted a change

16  within the prior 12 months.

17         d.  The proposed amendment does not involve a text

18  change to the goals, policies, and objectives of the local

19  government's comprehensive plan, but only proposes a land use

20  change to the future land use map for a site-specific small

21  scale development activity.

22         e.  The property that is the subject of the proposed

23  amendment is not located within an area of critical state

24  concern, unless the project subject to the proposed amendment

25  involves the construction of affordable housing units under an

26  affordable housing program financed through chapter 420 or

27  part IV of chapter 159 and is located within an area of

28  critical state concern designated by s. 380.0552 or by the

29  Administration Commission pursuant to s. 380.05(1). Such

30  amendment is not subject to the density limitations of s.

31  163.3187(1)(c)1.f., and shall be reviewed by the state land

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    Florida Senate - 2000                            CS for SB 324
    316-1950-00




  1  planning agency for consistency with the principles for

  2  guiding development applicable to the area of critical state

  3  concern to which the amendment relates and shall not become

  4  effective until a final order is issued under s. 380.05(6).

  5         f.  If the proposed amendment involves a residential

  6  land use, the residential land use has a density of 10 units

  7  or less per acre, except that this limitation does not apply

  8  to small scale amendments described in sub-sub-subparagraph

  9  a.(I) that are designated in the local comprehensive plan for

10  urban infill, urban redevelopment, or downtown revitalization

11  as defined in s. 163.3164, urban infill and redevelopment

12  areas designated under s. 163.2517, transportation concurrency

13  exception areas approved pursuant to s. 163.3180(5), or

14  regional activity centers and urban central business districts

15  approved pursuant to s. 380.06(2)(e).

16         2.a.  A local government that proposes to consider a

17  plan amendment pursuant to this paragraph is not required to

18  comply with the procedures and public notice requirements of

19  s. 163.3184(15)(c) for such plan amendments if the local

20  government complies with the provisions in s. 125.66(4)(a) for

21  a county or in s. 166.041(3)(c) for a municipality. If a

22  request for a plan amendment under this paragraph is initiated

23  by other than the local government, public notice is required.

24         b.  The local government shall send copies of the

25  notice and amendment to the state land planning agency, the

26  regional planning council, and any other person or entity

27  requesting a copy.  This information shall also include a

28  statement identifying any property subject to the amendment

29  that is located within a coastal high hazard area as

30  identified in the local comprehensive plan.

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    Florida Senate - 2000                            CS for SB 324
    316-1950-00




  1         3.  Small scale development amendments adopted pursuant

  2  to this paragraph require only one public hearing before the

  3  governing board, which shall be an adoption hearing as

  4  described in s. 163.3184(7), and are not subject to the

  5  requirements of s. 163.3184(3)-(6) unless the local government

  6  elects to have them subject to those requirements.

  7         Section 2.  This act shall take effect July 1, 2000.

  8

  9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                              SB 324

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12  Provides an exception to s. 163.3187(1)(c), F.S., allowing
    comprehensive plan amendments involving affordable housing
13  projects located in eligible areas of critical state concern
    to be treated as small-scale amendments.
14
    Defines those areas of critical state concern which may use
15  the exception created by the CS as those designated by s.
    380.0552, F.S., or by the Administration Commission under s.
16  380.05(1), F.S.

17  Defines affordable housing in terms of units financed under an
    affordable housing program financed through chapter 420 or
18  part IV of chapter 159, F.S.

19  Provides that these amendments are not subject to the density
    limitation of s. 163.3187(1)(c)1.f., F.S., of 10 units per
20  acre for residential development, and that the amendments must
    be reviewed by the Department of Community Affairs for
21  consistency with the principles guiding development applicable
    to the relevant area of critical state concern.
22
    Provides that the comprehensive plan amendment for the
23  affordable housing project in the applicable areas of critical
    state concern shall not become effective until the Department
24  of Community Affairs issues a final order under s. 380.05(6),
    F.S.
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