Title: Draft Outline for The Florida Chamber Environmental Permitting Short Course, January, 1991
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 Material Information
Title: Draft Outline for The Florida Chamber Environmental Permitting Short Course, January, 1991
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Draft Outline for The Florida Chamber Environmental Permitting Short Course, January, 1991 (JDV Box 89)
General Note: Box 19, Folder 6 ( Local Comprehensive Planning and Development Regulations - - 1991 ), Item 2
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004273
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.

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CARLTON, FIELDS, WARD, EMMANUEL, SMITH & CUTLER, P. A.
ATTORNEYS AT LAW

ONE HARBOUR PLACE FIRSTATE TOWER HARBOURVIEW BUILDING FIRST FLORIDA BANK BUILDING CONCEPT II,TOWER B
P. O. BOX 3239 P.O. BOX 1171 P 0. BOX 12426 P. O. DRAWER 190 P.O. BOX 18997
TAMPA, FLORIDA 33601 ORLANDO, FLORIDA 32802 PENSACOLA, FLORIDA 32582 TALLAHASSEE,FLORIDA 32302 WEST PALM BEACH, FLORIDA 33416
(813) 223-7000 (407) 849-0300 (904) 434-0142 (904) 224-1585 (407) 585-3700
FAX (813) 229-4133 FAX (407) 648-9099 FAX (904) 434-5366 FAX (904) 222-0398 FAX (407) 585-4077

PLEASE REPLY TO:
Tallahassee

November 20, 1990

VIA TELEFAX

TO: Bill Ockunzzi

FROM: Jake Varn ,J4 0"

RE: The Florida Chamber Environmental Permitting Short
Course -- January, 1991
------------------------------------------------------------------

As you know, you and I, along with Bob Nave of DCA, are
teaching a class at the above referenced Short Course. Our topic
is Local Comprehensive Planning and Land Development
Regulations. The material accompanying this memo is a proposed
draft outline for our class. Please review, and I will call you
tomorrow for your comments. I apologize for the rush; however,
the material is due on Thursday, November 29. Once I get your
input, and that of Bob Nave, I will have the final course
material prepared here in my office.


I look forward to working with you on this project.











LOCAL COMPREHENSIVE PLANNING AND DEVELOPMENT REGULATIONS


I. Local Planning Requirements



II. Required and Optional Plan Elements

A. Required Plan Elements

1. Future Land Use

2. Transportation

3. Conservation

4. Utilities

5. Housing

6. Parks and Recreation

7. Intergovernmental Coordination

8. Captial Improvements



B. Optional Plan Elements

1. Historic Preservation

2. Economic Development

3. Recommended Community Design

4. General area redevelopment

5. Safety

6. Public buildings and related facilities



III. Timetable for Implementation


Plan Review and Certification Process


IV.











A. Plan (proposed) submission based on schedule found

in Rule 9J-12, F.A.C.

a. DCA sends plan to agencies for review and

comments

b. DCA provides local government with ORC Report 90

days after receiving submission agencyy comments

are sent to local government)

c. Local government has 60 days to adopt plan with

changes

d. Local government sends adopted plan back to DCA,

45 days later DCA issues its statement of intent

B. If plan is found in compliance:

1. Notice of Intent is published in local newspaper

2. Within 21 days any affected person may file a

petition for formal administrative hearing with DCA

3. Local government decision is upheld if it meets

fairly debatable test

4. If hearing officer finds plan not in compliance

final order is entered by the Administrative

Commission

C. If plan is found not in compliance:

1. DCA send notice to D.O.A.H

2. Formal CHapter 120 hearing process is initiated

3. Local government may elect to negotiate a

stipulated settlement agreement with DCA

4. At hearing local determination is presumed to be

correct unless by a preponderance of evidence it is











shown not to be in compliance

5. Final order sent to the Administrative

Commission

a. Remedial actions are specified

b. Sanctions may be imposed



V. Plan Amendments

A. Submissions twice a year

B. Follows the same process for plan review and

certification



VI. Implementing Land Development Regulations

A. 163.3202 Land Development Regulations adopted within

one year must at a minimum:

1. Regulate subdivision of land.

2. Regulate use of land

3. Protect potable water wellfields

4. Regulate areas prone to flooding

5. Drainage and stormwater management

6. Protect environmentally sensitive lands

7. Regulate signage

8. Provide that public facilities and services meet

or exceed Level of Service standards established in

the Capital Improvements Elements and are available

when needed.










IX. Urban Sprawl and Urban Service Areas

A. Development considerations should be directed

toward:

1. Water Resources -ensure compatibility with

existing water supply

2. Natural Systems and Recreational Land -

discourage the effects of piecemeal encorachment by

low scale, low density drevlopment and associated

contamination

3. Land Use create attractive, functional urban

areas, consider impacts on air and water reserves,

protect highway capacity

4. Downtown Revitalization

5. Public Facitlities provide for timely,

efficient, and orderly growth. Maximize existing

facilities

6. Transportation encourage coordinated

transportation patterns compatible with housing,

jobs ... public transit options

7. Housing promote regulatory practices that

would increase the supply of safe, affordable

housing alternatives.

8. Air quality

9. Energy protect finite resources.

10. Hazardous and Nonhazardous Materials and Waste

-- eliminate systems that are associated with high

envornmental risks, i.e., septic tanks, small











package plants.

10. Governmental Efficiency -- fiscal responsibility

11. Employment Factors



X. Habitat Protection

A. Requirements under Chapter 163 for Habitat

Protection include:

1. Protection of native vegetative communities from

destruction by development activities

2. Restriction of activities known to adversely

affect the survival of endangered and threatened

wildlife

3. Protection and conservation of natural functions

of existing soils, fisheries, wildlife habitat,

rivers, bays, lakes, floodplains, wetlands including

estuarine marshes, freshwater beaches and shores,

and marine habitats,

4. Protection of existing natural reservations

identified in the recreation and open space element




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