Title: Local Government Comprehensive Plan Elements Memo
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Permanent Link: http://ufdc.ufl.edu/WL00004128/00001
 Material Information
Title: Local Government Comprehensive Plan Elements Memo
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Local Government Comprehensive Plan Elements Memo (JDV Box 43)
General Note: Box 18, Folder 1 ( Water Task Force - 1983 ), Item 4
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004128
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






RECEIVED MAY 1 7 1983


MEMORANDUM

TO:

FROM:

RE:

DATE:


WATER TASK FORCE MEMBERS

CHRIS HOLLAND&V

LOCAL GOVERNMENT COMPREHENSIVE PLAN ELEMENTS

MAY 17, 1983


To assist you in responding to the Chairman's request

that you indicate at least three aspects of the local

government comprehensive plan elements (mandatory and

optional) which you feel are important in the development

of policy statements, I have included Section 163.3177,

Florida Statutes, relating to these required and optional

plan elements.

Please call me if you have any questions about this

activity.




CH:njd
Attachment










Ch 163 INTERGOVERNMENTAL P. PROGRAMS. .PQ 1


(f) Provide for other appropriate matters.
(3) Nothing in this act shall prevent the govern-
ing body of an incorporated municipality or county
that participates in creating a local planning agency
serving two or more jurisdictions from continuing or
creating its own local planning agency. A governing
body may assign to the local planning agency serving
two or more jurisdictions any or all of the functions,
powers, and duties of its own local planning agency.
Thereafter, such functions, powers, and duties shall
be exercised by the local planning agency serving two
or more jurisdictions; however, the governing body
may rescind such assignment upon passage of a reso-
lution at a duly publicized public meeting.
(4) The governing body or bodies may appropri-
ate funds for salaries, fees, and expenses necessary in
the conduct of the work of the local planning agency
and also establish a schedule of fees to be charged by
the agency. To accomplish the purposes and activi-
ties authorized by this act, the local planning agency,
with the approval of the governing body or bodies
and in accord with the fiscal practices thereof, has
the authority to expend all sums so appropriated and
other sums made available for use from fees, gifts,
state or federal grants, state or federal loans, and oth-
er sources; however, acceptance of loans must be ap-
proved by the governing bodies involved.
(5) The governing body of a municipality or
county or combinations thereof shall assign to the lo-
cal planning agency the general responsibility for the
conduct of the comprehensive planning program and
the preparation of the comprehensive plan or ele-
ments or portions thereof. The governing body in co-
operation with the local planning agency may desig-
nate any agency, committee, department, or person
to prepare the comprehensive plan or any element
thereof, but the responsibility for final recommenda-
tion of the adoption of such plan to the governing
body shall be the responsibility of the local planning
agency. The local planning agency shall monitor and
oversee the effectiveness and status of the compre-
hensive plan and recommend to the governing body
such changes in the comprehensive plan as may from
time to time be required. The responsibilities, pow-
ers, and duties of the local planning agency shall be
set out in the ordinance or act establishing the agen-
cy, subject to the particular requirements of this act.
History.-- 6, ch. 75-257; 1, c. 77-223.

163.3177 Required and optional elements of
comprehensive plan; studies and surveys.-
(1) The comprehensive plan shall consist of ma-
terials in such descriptive form, written or graphic, as
may be appropriate to the prescription of principles,
guidelines, and standards for the orderly and bal-
anced future economic, social, physical, environmen-
tal, and fiscal development of the area.
(2) Coordination of the several elements of the lo-
cal comprehensive plan shall be a major objective of
the planning process. The several elements of the
comprehensive plan shall be consistent, and the com-
prehensive plan shall be economically feasible.
(3) The economic assumptions on which the plan
is based and any amendments thereto shall be ana-
lyzed and set out as a part of the plan. Those ele-


ments of the comprehensive plan requiring the ex-
penditure of public funds for capital improvements
shall carry fiscal proposals relating thereto, includ-
ing, but not limited to, estimated costs, priority rank-
ing relative to other proposed capital expenditures,
and proposed funding sources.
(4) Coordination of the local comprehensive plan
with the comprehensive plans of adjacent municipali-
ties, the county, adjacent counties, or region and with
the state comprehensive plan shall be a major objec-
tive of the local comprehensive planning process. To
that end, in the preparation of a comprehensive plan
or element thereof, and in the comprehensive plan or
element as adopted, the governing body shall include
a specific policy statement indicating the relationship
of the proposed development of the area to the com-
prehensive plans of adjacent municipalities, the
county, adjacent counties, or region and to the state
comprehensive plan, as the case may require and as
such adopted plans or plans in preparation may exist.
(5) The comprehensive plan and its elements
shall contain policy recommendations for the imple-
mentation of the plan and its elements.
(6) In addition to the general requirements of
subsections (1)-(5), the comprehensive plan shall in-
clude the following elements:
(a) A future land use plan element designating
proposed future general distribution, location, and
extent of the uses of land for housing, business, in-
dustry, agriculture, recreation, conservation, educa-
tion, public buildings and grounds, other public facil-
ities, and other categories of the public and private
uses of land. The future land use plan shall include a
statement of the standards to be followed in the con-
trol and distribution of population densities and
building and structure intensity as recommended for
the various portions of the area. The future land use
plan may designate areas for future planned develop-
ment use involving combinations of types of uses for
which special regulations may be necessary to insure
development in accord with the principles and stan-
dards of the comprehensive plan and this act.
(b) A traffic circulation element consisting of the
types, locations, and extent of existing and proposed
major thoroughfares and transportation routes.
(c) A general sanitary sewer, solid waste, drain-
age, and potable water element correlated to princi-
ples and guidelines for future land use indicating
ways to provide for future potable water, drainage,
sanitary sewer, and solid waste requirements for the
area. The element may be a detailed engineering plan
for such facilities. The element shall describe the
problems and needs and the general facilities that
will be required for solution of the problems and
needs.
(d) A conservation element for the conservation,
development, utilization, and protection of natural
resources in the area, including, as the situation may
be, air, water, estuarine marshes, soils, beaches,
shores, flood plains, rivers, lakes, harbors, forests,
fisheries and wildlife, minerals, and other natural
and environmental resources.
(e) A recreation and open space element indicat-
ing a comprehensive system of public and private
sites for recreation, including, but not limited to, nat-


- ._.- I~-P__


I --


Ch 163


~NTERr.nVERNMENTb~. PRnrwdMq


FS 1981














F S Ilgil


F.S. 1981

ing the ex-
provements
eto, includ-
iority rank-
penditures,

ensive plan
ununicipali-
,n and with
ajor objec-
)rocess. To
insive plan
ive plan or
all include
,lationship
3 the com-
lities, the
Sthe state
ire and as
may exist.
elements
-he imple-

-ments of
1 shall in-

esignating
:tion, and
siness, in-
n, educa-
blic facil-
d private
include a
Sthe con-
ities and
'nded for
land use
develop-
f uses for
to insure
ind stan-
't.
ng of the
proposed
tes.
e, drain-
o princi-
idicating
drainage,
s for the
ring plan
ribe the
ties that
ems and

ervation,
natural
ion may
,eaches,
forests,
natural

indicat-
private
to, nat-


rh a1R-


ural reservations, parks and playgrounds, parkways,
beaches and public access to beaches, open spaces,
and other recreational facilities.
(f) A housing element consisting of standards,
plans, and principles to be followed in:
1. The provision of housing for existing residents
and the anticipated population growth of the area.
2. The elimination of substandard dwelling con-
ditions.
3. The improvement of existing housing.
4. The provision of adequate sites for future
housing, including housing for low-income and mod-
erate-income families, mobile homes, and group
home facilities and foster care facilities, with sup-
porting infrastructure and community facilities as
described in paragraphs (6)(c) and (7)(e) and (f).
5. Provision for relocation housing and identifica-
tion of housing for purposes of conservation, rehabili-
tation, or replacement.
6. The formulation of housing implementation
programs.
(g) For those units of local government lying in
part or in whole in the coastal zone as defined by the
Coastal Zone Management Act of 1972, 16 U.S.C. s.
1453(a), a coastal zone protection element, appropri-
ately related to the particular requirements of para-
graphs (d) and (e), including surveys of existing vege-
tation types which need to be preserved for natural
control of dune and beach erosion and surveys of tra-
ditional patterns of public access and use of beach re-
sources, setting out the policies for:
1. Maintenance, restoration, and enhancement of
the overall quality of the coastal zone environment,
including, but not limited to, its amenities and aes-
thetic values.
2. Continued existence of optimum populations
of all species of wildlife.
3. The orderly and balanced utilization and pres-
ervation, consistent with sound conservation princi-
ples, of all living and nonliving coastal zone re-
sources.
4. Avoidance of irreversible and irretrievable
commitments of coastal zone resources.
5. Ecological planning principles and assump-
tions to be used in the determination of suitability
and extent of permitted development.
r 6. Proposed management and regulatory tech-
niques.

In addition, at least 60 days before the adoption by a
governing body of the coastal zone protection ele-
ment, the governing body shall transmit a copy of the
proposed element to the '[Department of Environ-
mental Regulation] or its successor for written com-
ment pursuant to s. 163.3184.
(h) An intergovernmental coordination element
showing relationships and stating principles and
guidelines to be used in the accomplishment of coor-
dination of the adopted comprehensive plan with the
plans of school boards and other units of local gov-
ernment providing services but not having regulatory
authority over the use of land, with the comprehen-
sive plans of adjacent municipalities, the county, ad-
jacent counties, or the region, and with the state com-
prehensive plan, as the case may require and as such


1NTF~.nVR(W)V~RMFNTAT PRA(ORAM~


adopted plans or plans in preparation may exist. This
element of the local comprehensive plan shall dem-
onstrate consideration of the particular effects of the
local plan, when adopted, upon the development of
adjacent municipalities, the county, adjacent coun-
ties, or the region or on the state comprehensive plan,
as the case may require.
(i) A utility element in conformance with the
10-year site plan required by the Florida Electrical
Power Plant Siting Act in part II of chapter 403.
(j) The optional elements of the comprehensive
plan in paragraphs (7)(a) and (b) are required ele-
ments for those units of local government having
populations greater than 50,000, as determined under
s. 23.019.
(7) The comprehensive plan may include the fol-
lowing additional elements, or portions or phases
thereof:
(a) As a part of the circulation element of para-
graph (6)(b) or as a separate element, a mass-transit
element showing proposed methods for the moving of
people, rights-of-way, terminals, related facilities,
and fiscal considerations for the accomplishment of
the element.
(b) As a part of the circulation element of para-
graph (6)(b) or as a separate element, plans for port,
aviation, and related facilities coordinated with the
general circulation and transportation element.
(c) As a part of the circulation element of para-
graph (6)(b) and in coordination with paragraph
(6)(e), where applicable, a plan element for the circu-
lation of nonautomotive vehicular and pedestrian
traffic, including bicycle paths and bikeways, exercise
trails, riding facilities, and such other matters as may
be related to the improvement and safety of move-
ment of all types of vehicular and pedestrian traffic
or to recreational aspects of circulation.
(d) As a part of the circulation element of para-
graph (6)(b) or as a separate element, a plan element
for the development of offstreet parking facilities for
motor vehicles and the fiscal considerations for the
accomplishment of the element.
(e) A public services and facilities element, not
including the solid waste, potable water, drainage,
and sewer element which is required under para-
graph (6)(c) or plans required by paragraph (6)(i),
showing general plans for local utilities, rights-of-way
easements, and facilities.
(f) A public buildings and related facilities ele-
ment showing locations and arrangements of civic
and community centers, public schools, hospitals, li-
braries, police and fire stations, and other public
buildings. This plan element should show particular-
ly how it is proposed to effect coordination with gov-
ernmental units, such as school boards or hospital au-
thorities, having public development and service re-
sponsibilities, capabilities, and potential but not hav-
ing land development regulatory authority. This ele-
ment may include plans for architecture and land-
scape treatment of their grounds.
(g) A recommended community design element
which may consist of design recommendations for
land subdivision, neighborhood development and re-
development, design of open space locations, and
similar matters to the end that such recommenda-


F S 1981 INTERGOVERNMENTAL PROGRAMS rik Is


' a;rF~rs~S~RI'~ -~












Ch.16JNTERtlVlRW IMR 7T~ VDfl~d-A -


tions may be available as aids and guides to develop-
ers in the future planning and development of land in
the area.
(h) A general area redevelopment element con-
sisting of plans and programs for the redevelopment
of slums and blighted locations in the area and for
community redevelopment, including housing sites,
business and industrial sites, public buildings sites,
recreational facilities, and other purposes authorized
by law.
(i) A safety element for the protection of resi-
dents and property of the area from fire, hurricane,
or manmade or natural catastrophe, including such
necessary features for protection as evacuation routes
and their control in an emergency, water supply re-
quirements, minimum road widths, clearances
around and elevations of structures, and similar mat-
ters.
(j) An historical and scenic preservation element
setting out plans and programs for those structures
or lands in the area having historical, archaeological,
architectural, scenic, or similar significance.
(k) An economic element setting forth principles
and guidelines for the commercial and industrial de-
velopment, if any, and the employment and man-
power utilization within the area. The element may
detail the type of commercial and industrial develop-
ment sought, correlated to the present and projected
employment needs of the area and to other elements
of the plans, and may set forth methods by which a
balanced and stable economic base will be pursued.
(1) Such other elements as may be peculiar to,
and necessary for, the area concerned and as are add-
ed to the comprehensive plan by the governing body
upon the recommendation of the local planning agen-
cy.
(8) All elements of the comprehensive plan,
whether mandatory or optional, shall be based upon
data appropriate to the element involved. Surveys
and studies utilized in the preparation of the compre-
hensive plan shall not be deemed a part of the com-
prehensive plan unless adopted as a part of it. Copies
of such studies, surveys, and supporting documents
shall be made available to public inspection, and cop-
ies of such plans shall be made available to the public
upon payment of reasonable charges for reproduc-
tion.
History.--. 7, ch. 75-257; 1, ch. 77-174; ch. 80-154.
'Note.-Bracketed language substituted for Coastal Coordinating Council
to conform to 18, ch. 75-22 and. 4. ck. 77-306.

163.3181 Public participation in the compre-
hensive planning process; intent.-
(1) It is the intent of the Legislature that the
public participate in the comprehensive planning
process to the fullest extent possible. Towards this
end, local planning agencies and local governmental
units are directed to adopt procedures designed to
provide effective public participation in the compre-
hensive planning process and to provide real proper-
ty owners with notice of all official actions which will
regulate the use of their property. The provisions and
procedures required in this act are set out as the
minimum requirements towards this end.
(2) During consideration of the proposed plan or


amendments thereto by the local planning agency or
by the local governing body, the procedures shall pro-
vide for broad dissemination of the proposals and al-
ternatives, opportunity for written comments, public
hearings as provided herein, provisions for open dis-
cussion, communications programs, information ser-
vices, and consideration of and response to public
comments.
H.ltory.-- 8, c. 76-257; 3. ch. 76-155; 1, ch. 77-174; 3. ch. 77-331.

163.3184 Adoption of comprehensive plan or
element or portion thereof.-
(1) At least 60 days before the adoption by a gov-
erning body of a comprehensive plan or element or
portion thereof, or before the adoption of an amend-
ment to a previously adopted comprehensive plan or
element or portion thereof, the governing body shall:
(a) Transmit a copy of the proposed comprehen-
sive plan or element or portion thereof to the state
land planning agency for written comment. The state
land planning agency shall promptly publish the fact
of the local government's intended adoption of the
comprehensive plan or element or portion thereof in
the weekly publication required by subsection
380.06(9) and shall indicate therein the date, time,
and place of the public hearing to be held thereon. It
shall be the responsibility of the state land planning
agency to circulate all or appropriate elements of the
intended plan to appropriate state agencies for com-
ment and advice.
(b) Transmit a copy of the proposed comprehen-
sive plan or element or portion thereof to the regional
planning agency having responsibility over the area
for written comment.
(c) If it is a municipality or a unit of local govern-
ment under subsection 163.3171(4) transmit a copy
of the proposed comprehensive plan or element or
portion thereof to the local planning agency of the
county for written comment or, if there is no county
land planning agency, to the clerk of the circuit court
or the administrative officer of the county commis-
sion.
(d) Transmit a copy of the proposed comprehen-
sive plan or element or portion thereof to any other
unit of local government or governmental agency in
the state that has filed with the governing body a re-
quest for copies of all proposed comprehensive plans
or elements or portions thereof.
(e) Determine that the local planning agency has
held a public hearing on the proposed plan or ele-
ment or portion thereof with due public notice.
(2) Within 60 days, or any longer period to which
the governing body has agreed, after a local govern-
ment has transmitted a proposed comprehensive
plan or element or portion thereof to the state land
planning agency, the state land planning agency shall
submit in writing its comments on the proposed com-
prehensive plan or element or portion thereof, to-
gether with the comments of any state agencies to
which the state land planning agency may have re-
ferred the plan. The state land planning agency shall
specify any objections and may make recommenda-
tions for modifications. The review of the state land
planning agency shall be primarily in the context of
the relationship and effect, under chapter 23, of the


~c~PCwri~Fc;-; :-,;~~;.'~2~:*h~ii~:;r~G:.~


Ch. 163


~NTERPnVERNMFNFb~ nwnClw d UQ


Ve n a






LEAGUE OF
WO FN VOTERS
6F FLORIDA


Susan Shulman, President


May 6, 1983


The Honorable William E. Sadowski
Chairman, Speaker's Task Force on Water Issues
1400 SE Bank Building
Miami, Florida 33131

Dear Mr. Sadowski:

The League of Women Voters of Florida, meeting at
Convention in Plantation, wishes to convey to you
resolution:


its 19th Biennial
the following


We recognize the importance of water in Florida
as a state resource and support both the intent and
objectives of the Speaker's Task Force on Water and
such actions as will translate these objectives into
law with requisite funding.


Sincerely,



Susan Shulman
President


SS/sr


1420 N.W. 2nd Avenue, Suite 2 and 3, Boca Raton, Florida 33432 Telephone: 305/391-5602




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