Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1020
Barcode 552140
CHAMBER ACTION
Senate House
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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):
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14 Senate Amendment (with title amendment)
15 On page 35, between lines 2 and 3,
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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
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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
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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;
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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
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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.)
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30 ================ T I T L E A M E N D M E N T ===============
31 And the title is amended as follows:
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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
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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
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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;
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