Title: DCA's Sector Planning Process Proposed Legislation
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Permanent Link: http://ufdc.ufl.edu/WL00000936/00001
 Material Information
Title: DCA's Sector Planning Process Proposed Legislation
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: DCA's Sector Planning Process Proposed Legislation
General Note: Box 7, Folder 4 ( Vail Conference 1989 - 1989 ), Item 35
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00000936
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text










DCAIs 5icr2.
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P40PosEP Le6iGSA T,6n















20 Section 15. A new section 163._ Florida
21 Statutes, is created to read:
22 163. Sector Planning Process.--
23 (1) PURPOSE.-- In order to assist in the
24 imDlementation of its local comprehensive plan. a local
25 government may adopt a sector Plan as an amendment to
26 its comprehensive plan. Sector plans will allow a
27 local Government, in cooDeration with its citizens. to
28 address the impact of development on the natural and
29 historical resources and environment of the state and
30 to ensure the Drovision of the Dublic facilities and
31 services needed to serve that development,

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compliance by the state land

local government has adopted

regulations to implement the


clannina seency and the


..fl2Lflflflfl~aaencv arid the


comprehensive D1an


.
It shall be the crimary resoonsibility o
f


local government to prepare a sector nlan i-nr r._.


under its Jurisdiction; however, if the sponsor of the

sector olan is other than the local government, the

local government may assign by written agreement some

or all of its sector Rlan Rreparation resDonsibiliti.o


to the sponsor,


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(2) DEFINITIONS.--

(a) "Sector plan" means a Dlan. or any amendment

thereto, that is a more detailed lIan for a defined

Dlannina area. is consistent with the adopted local

government comprehensive plan. and otherwise meets the

requirements of this section.

(b) "Sector Dlanning area" means the area encompassed by

a sector alan. The land parcels comorising the sector

Dlannina area must be contiguous and exceed five cross acres.

(3) PREPARATION. ADOPTION, AND AMENDMENT OF SECTOR

PLANS.--

(all. Any person. including a local government, may
sponsor the DreDaration and adoDtion of a sector plan. If

the sponsor is someone other than the local government.

that person must represent Dro2erty ownership interest in

at least 51% of the total lands within the sector Dlanning


2. A local government may proceed with the

DreDaration ofa sector olan only after the local

government comprehensive olan has bhen o .un tb= bi


landARYahmment


o e, n


E F


,,


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tb)l. A sector ilan shall be AAnveA am *


amendment to the 1ocal government counrehensive nlan me


Drescriberi by v m ,i4... .- -..- VIMwIACIm ~A. bUrL155~l~gl J' 4


(5). (6). (7) and (15) of s. 163.3184. in addition to

any other requirements for the Dreparation or adoption


of a sector Man as Drovided for in this section


.

The adoption of a sector D1an may
be con id d


by the local governing body without reward to the


provisions.of s. 16.3.318711) on the fre.


adoption of amendments to the local comprehensive nlan.


(c) Amendments to an adooted meetnr nIas m1%11


comlvy with the Drovisions of s. 163.3187(1) on the

frequency of adoption of amendments to the local

Comprehensive Plan: however. a mecntr r1ar JA .


incorDoratina a development-of-regiona-l inmact may be

considered for adoption by the local government without

regard to the provisions of s. 163.3187(1) on the


frequency of adDtion of amendments to the local


cQu1Drehexvsive olan


(d) UVon submittal to the local government of a sector

plan by a sponsor other than the local government. a In


Ly man un.Less Abe
sector plan does not satisfy the mininmu requirements of this

act and applicable rules of the state land planning agency,

(4) PLANNING FEES

(a) The local government may impose a Dlanning fee upon

persons seeking governmental approvals for development within

the sector Dlannina area. The fees shall be established so

that. in the arrreaate. they defray but do not exceed the

cost of the DreDaration. adoption and administration of the

sector Plan. As nearly as can be estimated, the fee ch&raed


government


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shall be a Prorated amount in accordance with the aRRlicant's
relative benefit derived from the sector Dlan. It is the
intent of the Lerislature in providing for such fees to

charge persons who benefit from sector Rlans for the costs of
developing those sector plans which result in savings to them
by reducing the cost of documenting the impact of development
on natural and cultural resources and the public facilities


and services needed to serve the development according to the
land uses and amounts authorized pursuant to the mar.enr vl


(bi The .aP~rot~riat. lagional lalmnwifl *yIip",v 4-(e=-1


authorized to collect a fee calculated and limited-to
recovering the cost of _erforming the review of a sector
lanl

(5) CONTENTS OF A SECTOR PLAN.-- A sector plan
shall contain:
(a) A statement certifying and demonstrating that
the sector Rlan is consistent with the local government
comprehensive Plan and a description of how the sector
elan will further the coals and policies of the local
comprehensive plan.
(b) A master development plan for the sector
Planning area.
(c) A ma2 of existing and proposed land uses by.
tv=e and density. including development Rhasina. if

applicable.
(d) Provisions to ensure that all public
facilities, as defined by s. 163.3221(121, and those
related services which are deemed necessary by the local
government to operate the facilities necessitated by the
development allowable under the sector plan are

available concurrent with the inpacts of development. ,

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In lieu of. or in addition to. the above Drovisions. the

sector Dlan may incorDorate an executed develoDment

eareement. under the provisions of the Florida Local
Government Development Aareement Act, that has been
entered into between the local government and the

sponsor of the sector plan to Drovide the necessary

facilities and services.
lel An assessment of the impacts of development
allowable under the sector Dlan that would affect lands
outside the boundaries of the sector lan. including
lands in other jurisdictions, and the conditions and
Drovisions to mitigate those impacts.

(f I An identifiation of the natural environmental.
or historical resources of state or regional significace
Potentially adversely affected by development under the
sector plan and the Drovisions and conditions to mtiate any
adverse effects,
(a) Provisions for the equitable distribution of

development rights under the sector plan.

.h) Identification of the monitoring Drocedures
and the local official resDonsible for assurrin
compliance with the conditions of the sector plan.
(il A description of all land development
relations that will aDDRl to development under the

sector plan.

1). A date by which the local government agrees

that the sector plan and the sector Dlanning area shall
not be subject to down-zoning, unit density reduction.
or intensity reduction. unless the local Movernment can
demonstrate that substantial changes in the conditions
underlings the adoDtion of the sector plan have occurred.


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that the sector plan was based on substantially

inaccurate information, or that the change is clearly
established by local government to be essential to the
Public health, safety, or welfare.
(k) Identification of any other conditions or
requirements as specified by the local government which,

in the judament of the local government are necessary
or desirable for the implementation of the local

government comprehensive plan.
(6) REGIONAL REVIEW.-- The review of the sector

Rlan by the regional Dlannina agency shall be limited to
the information required in a sector plan under
aaragraDhs (5)(e) and (f): however, nothing shall

preclude the regional Plannina agency from conducting a

review of other information in the sector plan for the
local government through contractual agreement.
M7) ANNUAL REPORT,-- The local government

adopting a sector plan shall submit an annual report on
the sector plan to the state land Dlanning agency, the

regional Dlannina council, and all affected permit

agencies within 30 days after the the annual adoDtion

date of the sector plan.
(8) RULE AUTHORITY.-- The state land Dlanning

aaencv shall adopt rules, including standards and
criteria, to ensure uniform construction, aDplication.

DreDaration, review, adoDtion, and annual reports of
sector Plans by local government.
19) APPEAL STANDING.-- Any affected party having
standing to challen e an amendment to a local government
comprehensive Plan amendment shall have standing to

challenge a sector plan or amendment thereto, but such

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1 challenge shall be limited tohe issue of the

2 consistency of the sector Dlan or amendment thereto with

3 the local government $ oonrehensive alan.
4 (10) EXEMPTION FROM DEVELOPMENT OF REGIONAL
5 IMPACT.-- DeveloDment undertaken in conformance with a
6 eotor plan adopdtd Rurauant to the Drovisions of this
7 section shall not be required to undergo develoment-of-

Sreional inact review ursuant to the provisions of
9 section 380.06. Florida Statutes.

10 Section 16. This act shall take effect on
11 July 1, 1989, or upon becoming a law, whichever occurs
12 later.

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