| 1 | Representative Benson offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | On page 66, between lines 5 and 6, insert: |
| 5 | Section 7. Paragraph (c) of subsection (1) of section |
| 6 | 163.3187, Florida Statutes, is amended to read: |
| 7 | 163.3187 Amendment of adopted comprehensive plan.-- |
| 8 | (1) Amendments to comprehensive plans adopted pursuant to |
| 9 | this part may be made not more than two times during any |
| 10 | calendar year, except: |
| 11 | (c) Any local government comprehensive plan amendments |
| 12 | directly related to proposed small scale development activities |
| 13 | may be approved without regard to statutory limits on the |
| 14 | frequency of consideration of amendments to the local |
| 15 | comprehensive plan. A small scale development amendment may be |
| 16 | adopted only under the following conditions: |
| 17 | 1. The proposed amendment involves a use of 10 acres or |
| 18 | fewer and: |
| 19 | a. The cumulative annual effect of the acreage for all |
| 20 | small scale development amendments adopted by the local |
| 21 | government shall not exceed: |
| 22 | (I) A maximum of 120 acres in a local government that |
| 23 | contains areas specifically designated in the local |
| 24 | comprehensive plan for urban infill, urban redevelopment, or |
| 25 | downtown revitalization as defined in s. 163.3164, urban infill |
| 26 | and redevelopment areas designated under s. 163.2517, |
| 27 | transportation concurrency exception areas approved pursuant to |
| 28 | s. 163.3180(5), or regional activity centers and urban central |
| 29 | business districts approved pursuant to s. 380.06(2)(e); |
| 30 | however, amendments under this paragraph may be applied to no |
| 31 | more than 60 acres annually of property outside the designated |
| 32 | areas listed in this sub-sub-subparagraph. Amendments adopted |
| 33 | pursuant to paragraph (k) shall not be counted toward the |
| 34 | acreage limitations for small scale amendments under this |
| 35 | paragraph. |
| 36 | (II) A maximum of 80 acres in a local government that does |
| 37 | not contain any of the designated areas set forth in sub-sub- |
| 38 | subparagraph (I). |
| 39 | (III) A maximum of 120 acres in a county established |
| 40 | pursuant to s. 9, Art. VIII of the State Constitution. |
| 41 | b. The proposed amendment does not involve the same |
| 42 | property granted a change within the prior 12 months. |
| 43 | c. The proposed amendment does not involve the same |
| 44 | owner's property within 200 feet of property granted a change |
| 45 | within the prior 12 months. |
| 46 | d. The proposed amendment does not involve a text change |
| 47 | to the goals, policies, and objectives of the local government's |
| 48 | comprehensive plan, but only proposes a land use change to the |
| 49 | future land use map for a site-specific small scale development |
| 50 | activity. |
| 51 | e. The property that is the subject of the proposed |
| 52 | amendment is not located within an area of critical state |
| 53 | concern, unless the project subject to the proposed amendment |
| 54 | involves the construction of affordable housing units meeting |
| 55 | the criteria of s. 420.0004(3), and is located within an area of |
| 56 | critical state concern designated by s. 380.0552 or by the |
| 57 | Administration Commission pursuant to s. 380.05(1). Such |
| 58 | amendment is not subject to the density limitations of sub- |
| 59 | subparagraph f., and shall be reviewed by the state land |
| 60 | planning agency for consistency with the principles for guiding |
| 61 | development applicable to the area of critical state concern |
| 62 | where the amendment is located and shall not become effective |
| 63 | until a final order is issued under s. 380.05(6). |
| 64 | f. If the proposed amendment involves a residential land |
| 65 | use, the residential land use has a density of 10 units or less |
| 66 | per acre or the proposed future land use category allows a |
| 67 | maximum residential density of the same or less than the maximum |
| 68 | residential density allowable under the existing future land use |
| 69 | category, except that this limitation does not apply to small |
| 70 | scale amendments described in sub-sub-subparagraph a.(I) that |
| 71 | are designated in the local comprehensive plan for urban infill, |
| 72 | urban redevelopment, or downtown revitalization as defined in s. |
| 73 | 163.3164, urban infill and redevelopment areas designated under |
| 74 | s. 163.2517, transportation concurrency exception areas approved |
| 75 | pursuant to s. 163.3180(5), or regional activity centers and |
| 76 | urban central business districts approved pursuant to s. |
| 77 | 380.06(2)(e). |
| 78 | 2.a. A local government that proposes to consider a plan |
| 79 | amendment pursuant to this paragraph is not required to comply |
| 80 | with the procedures and public notice requirements of s. |
| 81 | 163.3184(15)(c) for such plan amendments if the local government |
| 82 | complies with the provisions in s. 125.66(4)(a) for a county or |
| 83 | in s. 166.041(3)(c) for a municipality. If a request for a plan |
| 84 | amendment under this paragraph is initiated by other than the |
| 85 | local government, public notice is required. |
| 86 | b. The local government shall send copies of the notice |
| 87 | and amendment to the state land planning agency, the regional |
| 88 | planning council, and any other person or entity requesting a |
| 89 | copy. This information shall also include a statement |
| 90 | identifying any property subject to the amendment that is |
| 91 | located within a coastal high hazard area as identified in the |
| 92 | local comprehensive plan. |
| 93 | 3. Small scale development amendments adopted pursuant to |
| 94 | this paragraph require only one public hearing before the |
| 95 | governing board, which shall be an adoption hearing as described |
| 96 | in s. 163.3184(7), and are not subject to the requirements of s. |
| 97 | 163.3184(3)-(6) unless the local government elects to have them |
| 98 | subject to those requirements. |
| 99 |
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| 100 | ================= T I T L E A M E N D M E N T ================= |
| 101 | On page 3, line 15, remove all of said line and insert: |
| 102 | amending s. 163.3187, F.S.; providing an exemption from a |
| 103 | limit on comprehensive plan amendments for certain small |
| 104 | scale developments when the proposed future land use |
| 105 | category allows a maximum residential density of the same |
| 106 | or less than the present category; amending s. 163.3191, |
| 107 | F.S.; providing |