Florida Senate - 2011 SB 1904
By Senator Altman
24-00431A-11 20111904__
1 A bill to be entitled
2 An act relating to optional sector plans; amending s.
3 163.3245, F.S.; increasing the minimum size of
4 geographic areas that qualify for the use of optional
5 sector plans; revising terminology relating to such
6 plans; deleting obsolete provisions; requiring that
7 public notice be given for scoping meetings between
8 the state land planning agency and the local
9 government; revising the content required to be
10 included in conceptual long-term overlay plans and
11 detailed specific area plans; requiring identification
12 of water development projects and transportation
13 facilities to serve future development needs;
14 authorizing a long-term conceptual overlay plan and a
15 detailed specific area plan to be based on a planning
16 period longer than the generally applicable planning
17 period; providing that a long-term conceptual overlay
18 plan is not required to demonstrate certain need;
19 providing that a detailed specific area plan may
20 demonstrate certain need; requiring the state land
21 planning agency to consult with the Department of
22 Agriculture and Consumer Services, the Department of
23 Environmental Protection, the Fish and Wildlife
24 Conservation Commission, and the applicable water
25 management district in its review of certain plans;
26 requiring a long-range transportation plan to be
27 consistent with the long-term conceptual overlay plan;
28 requiring certain water development projects to be
29 incorporated into certain water supply plans;
30 authorizing an applicant to request a consumptive use
31 permit for a duration commensurate with the long-term
32 conceptual overlay plan; exempting certain
33 developments from the requirement to develop a
34 detailed specific area plan; requiring that certain
35 plan amendments or long-term conceptual overlay plans
36 include a buildout date and preclude certain changes
37 in the development until after that date; authorizing
38 certain development agreements between the developer
39 and the local government; providing for the owners of
40 property in the planning area to withdraw consent to
41 certain plans; providing exceptions; providing for
42 continuation of certain existing land uses; providing
43 for certain plans in compliance before the effective
44 date of the act to be governed by the act; providing
45 an effective date.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49 Section 1. Section 163.3245, Florida Statutes, is amended
50 to read:
51 163.3245 Optional sector plans.—
52 (1) In recognition of the benefits of conceptual long-range
53 planning for the buildout of an area, and detailed planning for
54 specific areas, as a demonstration project, the requirements of
55 s. 380.06 may be addressed as identified by this section for up
56 to five local governments or combinations of local governments
57 may which adopt into their the comprehensive plans plan an
58 optional sector plans plan in accordance with this section. This
59 section is intended to further the intent of s. 163.3177(11),
60 which supports innovative and flexible planning and development
61 strategies, and the purposes of this part, and part I of chapter
62 380, and to avoid duplication of effort in terms of the level of
63 data and analysis required for a development of regional impact,
64 while ensuring the adequate mitigation of impacts to applicable
65 regional resources and facilities, including those within the
66 jurisdiction of other local governments, as would otherwise be
67 provided. Optional sector plans are intended for substantial
68 geographic areas that include including at least 15,000 5,000
69 acres of one or more local governmental jurisdictions and are to
70 emphasize urban form and protection of regionally significant
71 resources and public facilities. The state land planning agency
72 may approve optional sector plans of less than 5,000 acres based
73 on local circumstances if it is determined that the plan would
74 further the purposes of this part and part I of chapter 380.
75 Preparation of an optional sector plan is authorized by
76 agreement between the state land planning agency and the
77 applicable local governments under s. 163.3171(4). An optional
78 sector plan may be adopted through one or more comprehensive
79 plan amendments under s. 163.3184. However, an optional sector
80 plan may not be adopted authorized in an area of critical state
81 concern.
82 (2) Upon request by the local government having
83 jurisdiction, The state land planning agency may enter into an
84 agreement to authorize preparation of an optional sector plan
85 upon the request of one or more local governments based on
86 consideration of problems and opportunities presented by
87 existing development trends; the effectiveness of current
88 comprehensive plan provisions; the potential to further the
89 state comprehensive plan, applicable strategic regional policy
90 plans, this part, and part I of chapter 380; and those factors
91 identified by s. 163.3177(10)(i). the applicable regional
92 planning council shall conduct a scoping meeting with affected
93 local governments and those agencies identified in s.
94 163.3184(4) before preparation of the optional sector plan
95 execution of the agreement authorized by this section. The
96 purpose of this meeting is to assist the state land planning
97 agency and the local government in the identification of the
98 relevant planning issues to be addressed and the data and
99 resources available to assist in the preparation of subsequent
100 plan amendments. If a scoping meeting is conducted, the regional
101 planning council shall make written recommendations to the state
102 land planning agency and affected local governments regarding,
103 including whether a sustainable sector plan would be
104 appropriate. The agreement must define the geographic area to be
105 subject to the sector plan, the planning issues that will be
106 emphasized, the requirements for intergovernmental coordination
107 to address extrajurisdictional impacts, the supporting
108 application materials including data and analysis, and the
109 procedures for public participation. An agreement may address
110 previously adopted sector plans that are consistent with the
111 standards in this section. Before executing an agreement under
112 this subsection, the local government shall hold a duly noticed
113 public workshop to review and explain to the public the optional
114 sector planning process and the terms and conditions of the
115 proposed agreement. The local government shall hold a duly
116 noticed public hearing to execute the agreement. Scoping All
117 meetings between the state land planning agency department and
118 the local government must be noticed and open to the public.
119 (3) Optional sector planning encompasses two levels:
120 adoption under s. 163.3184 of a conceptual long-term buildout
121 overlay plan as part of to the comprehensive plan, having no
122 immediate effect on the issuance of development orders or the
123 applicability of s. 380.06, and adoption under s. 163.3184 of
124 detailed specific area plans that implement the conceptual long
125 term buildout overlay plan and authorize issuance of development
126 orders, and within which s. 380.06 is waived. Until such time as
127 a detailed specific area plan is adopted, the underlying future
128 land use designations apply, except as provided in subsection
129 (6).
130 (a) In addition to the other requirements of this chapter,
131 a conceptual long-term buildout overlay plan must include maps
132 and text and be supported by data and analyses that address:
133 1. A long-range conceptual overlay plan framework map that
134 at a minimum identifies the allowed uses in various parts of the
135 planning area and the maximum and minimum densities and
136 intensities of use and that generally depicts anticipated areas
137 of urban, agricultural, rural, and conservation land use.
138 2. A general identification of the water supplies needed
139 and available sources of water, including water resource
140 development and water supply development projects, which are
141 needed to meet the projected demand of the future land uses in
142 the long-term conceptual overlay plan.
143 3. A general identification of the transportation
144 facilities to serve the future land uses in the long-term
145 conceptual overlay plan.
146 4.2. A general identification of other regionally
147 significant public facilities consistent with chapter 9J-2,
148 Florida Administrative Code, irrespective of local governmental
149 jurisdiction necessary to support buildout of the anticipated
150 future land uses, and policies setting forth the procedures to
151 be used to mitigate these impacts as part of the adoption of
152 detailed specific area plans.
153 5.3. A general identification of regionally significant
154 natural resources within the planning area and policies setting
155 forth the procedures for protection and conservation of these
156 resources compatible with the overall conservation and
157 development strategy for the planning area consistent with
158 chapter 9J-2, Florida Administrative Code.
159 6.4. General principles and guidelines that address the
160 urban form and interrelationships of anticipated future land
161 uses, and the protection and, as appropriate, restoration and
162 management of lands identified for permanent preservation
163 pursuant to subparagraph (b)7., for the purposes of and a
164 discussion, at the applicant’s option, of the extent, if any, to
165 which the plan will address restoring key ecosystems, achieving
166 a more clean, healthy environment, discouraging the
167 proliferation of limiting urban sprawl, providing a range of
168 housing types, protecting wildlife and natural areas, advancing
169 the efficient use of land and other resources, and creating
170 quality communities with a design to promote travel by multiple
171 transportation modes, and enhancing the creation of jobs.
172 7.5. Identification of general procedures and policies to
173 facilitate ensure intergovernmental coordination to address
174 extrajurisdictional impacts from the long-range conceptual
175 overlay plan framework map.
176
177 A long-term conceptual overlay plan adopted pursuant to this
178 section may be based on a planning period longer than the
179 generally applicable planning period of the local comprehensive
180 plan. A long-term conceptual overlay plan adopted pursuant to
181 this section is not required to demonstrate need based on
182 projected population growth or on any other basis.
183 (b) In addition to the other requirements of this chapter,
184 including those in paragraph (a), the detailed specific area
185 plans must include goals, objectives, policies, and maps that
186 provide for:
187 1. An area of adequate size to accommodate a level of
188 development which achieves a functional relationship between a
189 full range of land uses within the area and to encompass at
190 least 1,000 acres. The state land planning agency may approve
191 detailed specific area plans of less than 1,000 acres based on
192 local circumstances if it is determined that the plan furthers
193 the purposes of this part and part I of chapter 380.
194 2. Detailed identification and analysis of the maximum and
195 minimum densities and intensities of use, and the distribution,
196 extent, and location of future land uses.
197 3. Detailed identification of water resource development
198 and water supply development projects and related infrastructure
199 to address water needs of development in the detailed specific
200 area plan.
201 4. Detailed identification of the transportation facilities
202 that will serve the future land uses in the detailed specific
203 area plan.
204 5.3. Detailed identification of other regionally
205 significant public facilities, including public facilities
206 outside the jurisdiction of the host local governments
207 government, anticipated impacts of future land uses on those
208 facilities, and required improvements consistent with the
209 policies accompanying the plans chapter 9J-2, Florida
210 Administrative Code.
211 6.4. Public facilities necessary for the short term,
212 including developer contributions in a financially feasible 5
213 year capital improvement schedule of the affected local
214 government.
215 7.5. Detailed analysis and identification of specific
216 measures to ensure assure the protection of lands identified in
217 the long-term conceptual overlay plan to be permanently
218 preserved, and, as appropriate, restored or managed, regionally
219 significant natural resources and other important resources both
220 within and outside the planning area host jurisdiction,
221 including those regionally significant resources identified in
222 chapter 9J-2, Florida Administrative Code.
223 8.6. Principles and guidelines that address the urban form
224 and the interrelationships of anticipated future land uses and a
225 discussion, at the applicant’s option, of the extent, if any, to
226 which the plan will address restoring key ecosystems, achieving
227 a more clean, healthy environment, discouraging the
228 proliferation of limiting urban sprawl, providing a range of
229 housing types, protecting wildlife and natural areas, advancing
230 the efficient use of land and other resources, and creating
231 quality communities of a design that promotes travel by multiple
232 transportation modes, and enhancing the prospects for the
233 creation of jobs.
234 9.7. Identification of specific procedures to facilitate
235 ensure intergovernmental coordination to address
236 extrajurisdictional impacts from of the detailed specific area
237 plan.
238
239 A detailed specific area plan adopted pursuant to this section
240 may be based upon a planning period longer than the generally
241 applicable planning period of the local comprehensive plan, and
242 may demonstrate a need for the detailed specific area plan by
243 reference to projected population growth, creation of workplaces
244 for job creation and new employment, remediation of preexisting
245 development patterns in the vicinity which exhibit the
246 characteristics of urban sprawl, or any other professionally
247 acceptable methodology.
248 (c) In its review of a long-term conceptual plan or a
249 detailed specific area plan, the state land planning agency
250 shall consult with the Department of Agriculture and Consumer
251 Services, the Department of Environmental Protection, the
252 Florida Fish and Wildlife Conservation Commission, and the
253 applicable water management district regarding the design of
254 areas for the protection and conservation of regionally
255 significant natural resources and for the protection and, as
256 appropriate, restoration and management of lands identified for
257 permanent preservation pursuant to subparagraph (b)7.
258 (d)(c) This subsection does may not be construed to prevent
259 preparation and approval of the optional sector plan and
260 detailed specific area plan concurrently or in the same
261 submission.
262 (4)(a) Upon the long-term conceptual overlay plan becoming
263 legally effective:
264 1. Any long-range transportation plan developed by a
265 metropolitan planning organization pursuant to s. 339.175(7)
266 shall be consistent, to the maximum extent feasible, with the
267 long-term conceptual overlay plan, including, but not limited
268 to, the projected population, the approved uses and densities
269 and intensities of use and their distribution within the
270 planning area, and the transportation facilities identified in
271 adopted plans pursuant to subparagraphs (3)(a)3. and (3)(b)4.
272 2. The water needs, sources, and water resource development
273 and water supply development projects identified in adopted
274 plans pursuant to subparagraphs (3)(a)2. and (3)(b)3. shall be
275 incorporated into the applicable district and regional water
276 supply plans adopted in accordance with ss. 373.036 and
277 373.0363. Accordingly, and notwithstanding the permit durations
278 stated in s. 373.236, an applicant may request and the
279 applicable district may issue consumptive use permits for
280 durations commensurate with the long-term conceptual overlay
281 plan. The permitting criteria in s. 373.223 shall be applied
282 based on the projected population and the approved densities and
283 intensities of use and their distribution in the long-term
284 conceptual overlay plan.
285 (b) A development that is subject to s. 380.06 may be
286 granted development approval pursuant to s. 380.06 without
287 submission and approval of a detailed specific area plan
288 pursuant to this section and thereafter is subject to all
289 requirements of s. 380.06 in lieu of the requirements of this
290 section. The host local government shall submit a monitoring
291 report to the state land planning agency and applicable regional
292 planning council on an annual basis after adoption of a detailed
293 specific area plan. The annual monitoring report must provide
294 summarized information on development orders issued, development
295 that has occurred, public facility improvements made, and public
296 facility improvements anticipated over the upcoming 5 years.
297 (5) When a plan amendment adopting a detailed specific area
298 plan has become effective under ss. 163.3184 and 163.3189(2),
299 the provisions of s. 380.06 do not apply to development within
300 the geographic area of the detailed specific area plan. However,
301 any development-of-regional-impact development order that is
302 vested from the detailed specific area plan may be enforced
303 pursuant to under s. 380.11.
304 (a) The local government adopting the detailed specific
305 area plan is primarily responsible for monitoring and enforcing
306 the detailed specific area plan. Local governments shall not
307 issue any permits or approvals or provide any extensions of
308 services to development which that are not consistent with the
309 detailed sector area plan.
310 (b) If the state land planning agency has reason to believe
311 that a violation of any detailed specific area plan, or of any
312 agreement entered into under this section, has occurred or is
313 about to occur, it may institute an administrative or judicial
314 proceeding to prevent, abate, or control the conditions or
315 activity creating the violation, using the procedures in s.
316 380.11.
317 (c) In instituting an administrative or judicial proceeding
318 involving an optional sector plan or detailed specific area
319 plan, including a proceeding pursuant to paragraph (b), the
320 complaining party shall comply with the requirements of s.
321 163.3215(4), (5), (6), and (7).
322 (d) The plan amendment adopting a detailed specific area
323 plan shall establish a buildout date until which the approved
324 development is not subject to downzoning, unit density
325 reduction, or intensity reduction, unless the local government
326 can demonstrate that substantial changes in the conditions
327 underlying the approval of the detailed specific area plan have
328 occurred, that the detailed specific area plan was based on
329 substantially inaccurate information provided by the applicant,
330 or that the change is clearly established to be essential to the
331 public health, safety, or welfare.
332 (6) If the long-term conceptual overlay plan requires that
333 development within the planning area prior to adoption of a
334 detailed specific area plan be consistent with the overlay plan
335 notwithstanding the underlying land use, the long-term
336 conceptual overlay plan shall establish a buildout date until
337 which the approved uses and densities and intensities of use are
338 not subject to downzoning, unit density reduction, or intensity
339 reduction, unless the local government can demonstrate that
340 implementation of the plan is not continuing in good faith based
341 on standards established by plan policy, that substantial
342 changes in the conditions underlying the approval of the overlay
343 plan have occurred, that the overlay plan was based on
344 substantially inaccurate information provided by the applicant,
345 or that the change is clearly established to be essential to the
346 public health, safety, or welfare. Such a long-term overlay plan
347 may also include a phasing or staging schedule that allocates a
348 portion of the county’s future growth to the planning area
349 through the buildout date in order to provide for orderly
350 physical development that discourages the proliferation of urban
351 sprawl. Beginning December 1, 1999, and each year thereafter,
352 the department shall provide a status report to the Legislative
353 Committee on Intergovernmental Relations regarding each optional
354 sector plan authorized under this section.
355 (7) A developer within an area subject to a long-term
356 buildout overlay that meets the requirements of paragraph (3)(a)
357 and subsection (6) or a detailed specific area plan that meets
358 the requirements of paragraph (3)(b) may enter into a
359 development agreement with a local government pursuant to ss.
360 163.3220–163.3243. The duration of such a development agreement
361 may be through the buildout date of the long-term buildout
362 overlay plan or detailed specific area plan, as the case may be,
363 notwithstanding the limit on the duration of a development
364 agreement pursuant to s. 163.3229.
365 (8) Any owner of property within the defined planning area
366 may withdraw his consent to the long-term conceptual overlay
367 plan at any time before the local government adoption, and the
368 local government shall exclude such parcel from the adopted
369 overlay plan. Thereafter, the overlay plan, any detailed
370 specific area plan, and the exemption from development-of
371 regional-impact review under this section does not apply to the
372 subject parcel. After adoption of the overlay plan, a landowner
373 may withdraw his property from the overlay plan only with the
374 approval of the local government by plan amendment.
375 (9) The adoption of a long-term conceptual overlay plan or
376 a detailed specific area plan pursuant to this section does not
377 limit the right to continue existing agricultural or
378 silvicultural uses or other natural resource-based operations or
379 to establish similar new uses that are consistent with the plans
380 approved pursuant to this section.
381 (10) Notwithstanding the provisions of this act, a detailed
382 specific area plan to implement a conceptual long-term buildout
383 overlay of less than 15,000 acres, adopted by a local government
384 and found in compliance before the effective date of this act,
385 shall be governed by this act.
386 (11)(7) This section does may not be construed to abrogate
387 the rights of any person under this chapter.
388 Section 2. This act shall take effect July 1, 2011.