Title: Local Comprehensive Planning and Development Regulations OUTLINE
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00004276/00001
 Material Information
Title: Local Comprehensive Planning and Development Regulations OUTLINE
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Jake Varn Collection - Local Comprehensive Planning and Development Regulations OUTLINE (JDV Box 89)
General Note: Box 19, Folder 6 ( Local Comprehensive Planning and Development Regulations - - 1991 ), Item 5
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004276
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


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. Opt







ional Plan Elements

Historic Preservation

Economic Development

Recommended Community Design

General area redevelopment


Public buildings and related facilities

III. Timetable for Implementation

Plan Review and Certification Process

A. Plan (proposed) submission based on schedule found

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

a. DCA sends plan to agencies for review and


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


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


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


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


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

L 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.

VII. Citizen Standing and Appeal

A. Must meet the definition of an "affected person"

B. Must have submitted written comments during the

review process

VIII. Key Legal and Administrative Decisions

A. DCA vs. Charlotte County and City of Punta Gorda

B. Florida League of Cities vs. Administration


C. Charlotte County vs. DCA

D. DCA vs. City of Islandia

E. Frame, Hogan, Laverett, et al. vs. DCA (City of

Oakland Park)

F. DCA vs. Lee County

G. Faulk and Miami Beach Homeowners Association vs.

City of Miami Beach and DCA

H. Sunshine Ranches Homeowners Association, Inc. vs.

Broward County and DCA

I. Environmental Coalition of Florida, Inc. vs. Broward

County and DCA

J. Austin, Houston, and Dorn vs. DCA and City of Cocoa

K. Hendry and Hendry vs. DCA and City of Cocoa

IX. Urban Sprawl and Urban Service Areas

A. Development considerations should be directed


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


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


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


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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