Senate Bill sb2490

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    Florida Senate - 2005                                  SB 2490

    By Senator Clary





    4-1555-05

  1                      A bill to be entitled

  2         An act relating to small scale comprehensive

  3         plan amendments in a county designated as a

  4         rural area of economic concern; amending s.

  5         163.3187, F.S.; including an area in a county

  6         that is designated as a rural area of critical

  7         concern in an exemption for certain small scale

  8         amendments from a limit on the frequency of

  9         amendments to the comprehensive plan of a

10         county or a municipality; increasing various

11         acreage limitations governing eligibility for

12         such exemption for a small scale amendment

13         within such a county; authorizing a small scale

14         amendment for property within such a county

15         which involves a site that is near to, and

16         owned by the same person as, property that was

17         the subject of a recent comprehensive plan

18         amendment; providing an effective date.

19  

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

21  

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

23  163.3187, Florida Statutes, is amended and a new paragraph (o)

24  is added to that subsection to read:

25         163.3187  Amendment of adopted comprehensive plan.--

26         (1)  Amendments to comprehensive plans adopted pursuant

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

28  calendar year, except:

29         (c)  Any local government comprehensive plan amendments

30  directly related to proposed small scale development

31  activities may be approved without regard to statutory limits

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    Florida Senate - 2005                                  SB 2490
    4-1555-05




 1  on the frequency of consideration of amendments to the local

 2  comprehensive plan. A small scale development amendment may be

 3  adopted only under the following conditions:

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

 5  or fewer and:

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

 7  small scale development amendments adopted by the local

 8  government shall not exceed:

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

10  contains areas specifically designated in the local

11  comprehensive plan for urban infill, urban redevelopment, or

12  downtown revitalization as defined in s. 163.3164, urban

13  infill and redevelopment areas designated under s. 163.2517,

14  areas within a county that is designated by the Governor as a

15  rural area of critical concern under s. 288.0656(7),

16  transportation concurrency exception areas approved pursuant

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

18  central business districts approved pursuant to s.

19  380.06(2)(e); however, amendments under this paragraph may be

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

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

22  Amendments adopted pursuant to paragraph (k) shall not be

23  counted toward the acreage limitations for small scale

24  amendments under this paragraph.

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

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

27  sub-sub-subparagraph (I).

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

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

30         b.  The proposed amendment does not involve the same

31  property granted a change within the prior 12 months.

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    Florida Senate - 2005                                  SB 2490
    4-1555-05




 1         c.  The proposed amendment does not involve the same

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

 3  within the prior 12 months.

 4         d.  The proposed amendment does not involve a text

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

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

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

 8  scale development activity.

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

10  amendment is not located within an area of critical state

11  concern, unless the project subject to the proposed amendment

12  involves the construction of affordable housing units meeting

13  the criteria of s. 420.0004(3), and is located within an area

14  of critical state concern designated by s. 380.0552 or by the

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

16  amendment is not subject to the density limitations of

17  sub-subparagraph f., and shall be reviewed by the state land

18  planning agency for consistency with the principles for

19  guiding development applicable to the area of critical state

20  concern where the amendment is located and shall not become

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

22         f.  If the proposed amendment involves a residential

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

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

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

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

27  urban infill, urban redevelopment, or downtown revitalization

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

29  areas designated under s. 163.2517, transportation concurrency

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

31  

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    Florida Senate - 2005                                  SB 2490
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 1  regional activity centers and urban central business districts

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

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

 4  plan amendment pursuant to this paragraph is not required to

 5  comply with the procedures and public notice requirements of

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

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

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

 9  request for a plan amendment under this paragraph is initiated

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

11         b.  The local government shall send copies of the

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

13  regional planning council, and any other person or entity

14  requesting a copy. This information shall also include a

15  statement identifying any property subject to the amendment

16  that is located within a coastal high hazard area as

17  identified in the local comprehensive plan.

18         3.  Small scale development amendments adopted pursuant

19  to this paragraph require only one public hearing before the

20  governing board, which shall be an adoption hearing as

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

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

23  elects to have them subject to those requirements.

24         4.  If the small scale plan amendment involves a site

25  within a county that is designated by the Governor as a rural

26  area of critical concern under s. 288.0656(7), for the

27  duration of the designation, sub-subparagraph 1.c. does not

28  apply and each acreage limitation in sub-subparagraph 1.a. is

29  increased by 150 percent.

30         (o)  A comprehensive plan amendment that is submitted

31  by a county designated by the Governor as a rural area of

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    Florida Senate - 2005                                  SB 2490
    4-1555-05




 1  critical concern under s. 288.0656(7) and that meets the

 2  county's economic development objectives may be approved

 3  without regard to the statutory limits on the frequency of

 4  adoption of amendments to the comprehensive plan.

 5         Section 2.  This act shall take effect July 1, 2005.

 6  

 7            *****************************************

 8                          SENATE SUMMARY

 9    Includes an area in a county that is designated as a
      rural area of critical concern in an exemption for small
10    scale amendments from a limit on the frequency of
      amendments to a local government comprehensive plan.
11    Increases, by 150 percent, various acreage limitations
      governing eligibility for such exemption for a small
12    scale amendment within such a county. Authorizes a small
      scale amendment for property within such a county which
13    involves a site that is near to, and owned by the same
      person as, property that was the subject of a recent
14    comprehensive plan amendment.

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